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Contract - John King Construction - 2/23/2023
IFC/ORIGINAL CITY OF ROUND ROCK General Services ROUND ROCK TEXAS Project Manual For: Fire Station 1 Old Settlers January 2023 Prepared By: Matthew Smith Project Manager Building Construction Division General Services APPROVED BY C I ATN EY O Fire Station 1 TABLE OF CONTENTS Section Description No. of Pates 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Proposal Form 4 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance& Construction Bond Forms Performance &Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 02000 Plans, Details and Notes 8-2016 Table of Contents 00090665 Notice to Proposers Pursuant to the provisions of Texas Local Government Code, Section 2269.056,it is the intention of the City of Round Rock to select,via the Request for Proposal,to select a Prime Contractor by using the Competitive Sealed Proposal process for the construction of the Fire Station 1 as generally described herein.The project includes 13,951 square feet, four bay Fire Station on City of Round Rock owned property located at 1730 E.Old Settlers Blvd,Round Rock,Tx. Estimated construction budget is$8,000,000 Sealed Proposals containing one digital copy,on a USB Flash Drive,and a total of five(5)hard copies of each proposer's complete"Proposal Form,"(Proposal Form not required on digital copy)"Questionnaire,"and any other required or additional materials that follow the"Format of Submitted Proposal"must be submitted to Matthew Smith,Project Manager,City of Round Rock, 221 East Main Street,Round Rock,Texas 78664 no later than 2:00pm on November 17,2022,in an opaque envelope/packaging,sealed,and clearly marked on the outside with: Proposal to Serve as Competitive Sealed Proposal for the Fire Station 1 Proposals will be publicly opened and read aloud at Round Rock City Hall,221 East Main St,Round Rock,Texas at 2:00pm on November 17,2022. No oral,telegraphic,or facsimile proposals will be accepted. No late proposals will be accepted. No proposals may be withdrawn after the scheduled proposal opening deadline. All proposals received after the scheduled proposal opening deadline will be returned unopened. Proposals are to include the specific qualification information requested in the sequence and format prescribed in the Proposal Packet that may be obtained from https://www.roundrocktexas.vov/businesses/solicitations/.The proposal packets will be available beginning at 5:OOpm on October 14,2022. A pre-proposal meeting will be held at Round Rock City Hall Council Chambers,221 East Main Street,Round Rock Texas,78664 at 2:00pm on October 24,2022. Attendance is encouraged but is not mandatory.The Architect/Engineer and the Owner's Rep will be in attendance to discuss the project. Each proposal must be accompanied by a cashier's check or acceptable bond payable to the City of Round Rock in an amount not less than five percent(5%)of the total proposed contract sum,plus alternates as submitted. The successful proposer will be required to furnish payment bonds and performance bonds in amounts equal to one hundred percent(100%)of the contract sum,in accordance with chapter 2253 of the Texas government Code,within five (5)days of award of contract. Selection of the successful Proposer will be based on the selection criteria set forth in the instructions to proposers. In case of ambiguity,duplication or obscurity in the proposals,The City of Round Rock reserves the right to reject any and/or all proposals and waive any informalities and irregularities in any and/or all proposals received. Contractors and subcontractors shall pay to laborers,workman and mechanics the prevailing wage rates as determined by the City of Round Rock Publication Dates: Austin American Statesmen Round Rock Leader 1. October 14,2022 l.October 14,2022 2. October 21,2022 2.October 21,2022 00100 INSTRUCTION TO PROPOSERS City of Round Rock, Texas Instructions to Proposers: Section 00100 INSTRUCTIONS TO PROPOSERS Fire Station 1 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the contract forms, including General Conditions and Supplemental General Conditions and other specification sections, are applicable documents. 1.2 DEFINITIONS A. All definitions set forth in the General Conditions and Supplemental General Conditions, in Round Rock's "Standard Form of Agreement between Owner and Contractor," and in other contract documents are applicable to these proposal documents. B. Proposal documents include the Request for Competitive Sealed Proposals for Construction Services, Instructions to Proposers, Proposal Form, sample bond and contract forms,and the proposed contract documents including any addenda issued prior to receipt of proposals. C. Addenda are written or graphic instruments issued prior to the opening of the proposals which modify or interpret the proposal documents (including drawings and specifications)by additions, deletions, clarifications, or corrections. Addenda become part of the contract documents when the Standard Form of Agreement between Owner and Contractor is executed. D. The City of Round Rock may be referred to in the proposal documents as Owner. E. A proposal is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the proposal documents. F. The base contract sum is the sum stated in the proposal for which the Proposer offers to perform the work described in the proposal documents as the base, to which work may be added or from which work may be deleted, for sums stated in alternate proposals, if alternate proposals are required. G. An alternate proposal (or alternate) is an amount stated in the proposal to be added to or deducted from the amount of the base contract sum and the corresponding change in the work, as described in the proposal documents or in the proposed contract documents. H. A unit price is an amount stated in the proposal as a price per unit of measurement for materials or service as described in the proposal documents or in the proposed contract documents. I. A Proposer is a person or entity who submits a proposal. J. A subcontractor is a person or entity who submits a proposal to a Proposer for materials or labor for a portion of the Work. K. The Contractor is the person or entity that has been determined to provide the best value for Owner based on Owner's Selection Criteria and its ranking evaluation, and to whom Owner awards the contract. L. Contract refers to the City of Round Rock's"Standard Form of Agreement between Owner and Contractor." 1.3 EXAMINATION OF DOCUMENTS AND SITE A. Each Proposer, by making a proposal, represents that she/he has read and understands the proposal documents. B Each Proposer, by making a proposal, represents that she/he has visited the site, performed investigations and verifications as she/he deems necessary, and familiarized her/himself with the local conditions under which the Work is to be performed, and will be responsible for any and all errors in her/his proposal resulting from failure to do so. C. The location and elevations of the various utilities and pipe work included within the scope of the Work are offered as a general guide only, without guarantee as to accuracy. The Proposer shall verify and investigate to her/his own satisfaction the location and elevation of all utilities, pipe work, and the like and shall adequately inform her/himself of their relation to the work before submitting a proposal. D. Before submitting a proposal each Proposer will,at Proposer's own expense,make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information (surface, subsurface, and underground facilities) at or contiguous to the site, or otherwise,which may affect cost, progress, performance or furnishing of the Work and which Proposer deems necessary to determine her/his proposal for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the contract documents. E. On request in advance, Owner will provide each Proposer access to the site to conduct explorations and tests as each Proposer deems necessary for submission of a proposal. Proposer shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. F. The lands upon which the Work is to be performed,all rights-of way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the contract documents. G. Each Proposer,by making her/his proposal,represents that her/his proposal is based upon the materials, systems, and equipment required by the proposal documents without exception. 1.4 PROPOSAL DOCUMENTS A. Complete sets of proposal documents shall be used in preparing proposals; neither Owner nor the Architect or Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of proposal documents. B. Owner or the Architect or Engineer, in making copies of the proposal documents available on the above terms, do so only for the purpose of obtaining proposals on the Work and do not confer a license or grant for any other use. 1.5 PROPOSAL PROCEDURES A. All proposals shall be prepared on the Proposal Form provided by the Architect or Engineer and submitted in accordance with these Instructions to Proposers. Proposers shall provide all requested information. B. A proposal is invalid if it has not been deposited at the designed location prior to the time and date for receipt of proposals indicated in the Request for Competitive Sealed Proposals for Construction Services and/or the Notice to Proposers [included at Section 00020 of the Project Manual],or prior to any extension thereof issued by addenda to the proposers. Proposals received after submission deadline shall be returned unopened and will be considered unacceptable and shall be considered void. Owner shall never be held responsible for lateness of mail, carriers, couriers, etc., and the time/date stamp clock used by the City of Round Rock shall be the official time of receipt. C. Unless otherwise provided in any supplement to these Instructions to Proposers,no proposer shall modify,withdraw, or cancel her/his proposal or any part thereof for one hundred twenty(120)days after the time designated for the receipt of proposals in the Request for Competitive Sealed Proposals for Construction Services. D. Proposals shall not contain any recapitulation of the Work to be done. E. Proposers shall make no additional stipulations on the Proposal Form,nor limit,nor qualify proposals in any other manner. Proposals so qualified will be subject to disqualification. F. Itemized Bids and listed Key Subcontractors are due three (3) business days after bid opening or by S:OOpm on November 22,2022.Itemized bids must be submitted on the form included with the proposal documents and include a breakdown of major divisions of construction and key Subcontractors list. Key Subcontractors can be described as a licensed trade, any Subcontract totaling 3% or more of the proposed contract sum, or a critical path Subcontractor. Itemized Bids must be emailed to buildingconstruction@roundrocktexas.gov, by the date described herein. Email with read receipt is advised. 1.6 DISCREPANCIES AND AMBIGUITIES A. Each proposer shall examine the proposal documents carefully and, not later than, S:OOpm on November 1,2022, shall make written request,via email and by email only, to the Owner for questions, interpretations, or corrections of any ambiguity, inconsistency,or error therein which she/he may discover to: Matthew Smith,Project Manager buildingconstruction@round rocktexas.gov Any interpretations, corrections and changes to proposal documents or extensions to the opening date will be made by addenda to the proposal documents by Owner and communicated publically through: https://www.roundrocktexas.gov/businesses/solicitations/ Sole authority to authorize addenda shall be vested in the Owner.All responses will be sent via addenda, prior to bid opening,through the solicitation website. Proposers shall acknowledge receipt of all addenda. It shall be the Proposer's sole responsibility to insure receipt of all addenda before proposal submission. 1.7 SUBSTITUTIONS A. Each Proposer represents that her/his proposal is based upon the materials and equipment described in the proposal documents. B. No substitution will be considered unless written request has been submitted to the Owner for approval not later than S:OOpm on November 1,2022. C. If the Architect or Engineer and Owner approve a proposed substitution, such approval will be set forth in an addendum. D. Substitutions not submitted and approved by S:OOpm on November 1, 2022 may be added as a Voluntary Alternate and submitted at time of bid on the proposal form. 1.8 QUALIFICATION OF PROPOSERS A. Every Proposer shall submit with her/his proposal a properly executed Questionnaire. B. Proposers may be disqualified and their proposals not considered for, by way of illustration but not by way of limitation, any one or more of the following reasons: 1. Reasonable information or belief that collusion exists among Proposers; 2. Proposer being interested in any manner in any litigation involving Owner; 3. Proposer being in arrears on any existing contract or having defaulted on any previous contract; 4. Lack of competency as revealed by the financial statement, experience and equipment, Questionnaire, or qualification statement; 5. Uncompleted work which in the judgment of Owner will prevent or hinder the prompt completion of additional work if awarded. 1.9 PREPARATION OF PROPOSAL A. Proposer shall submit her/his proposal on the Proposal Form furnished as part of the proposal documents in the required format. All blank spaces in all forms shall be correctly filled.in and the Proposer shall state the prices,written in words and in figures. Where there is a discrepancy between the price written in words and the price written in figures,the price written in words shall govern. If the proposal is submitted by an individual,that person's name must be signed by that person or by that person's duly authorized agent. If the proposal is submitted by a firm, association or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. Powers of Attorney which authorize agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. 1.10 PROPOSAL SECURITY A. Each proposal must be accompanied by proposal security made payable to Owner in an amount of five percent(5%) of the Proposer's maximum proposal price; and same shall be in the form of a cashier's check or a Proposal Bond, duly executed by Proposer as principal and having as surety thereon a corporate surety authorized and admitted to do business in the state of Texas and licensed to issue such bond, as a guarantee that Proposer will enter into the City's contract and execute the required Performance and Payment Bonds within five (5) days of Owner's award of contract. B. The Proposal Security will be retained until such Proposer has executed the Standard Form of Agreement between Owner and Contractor, and furnished the required bonds,whereupon the proposal security will be returned. If Proposer fails to execute and deliver the Standard Form of Agreement between Owner and Contractor and furnish the required bonds within five (5) days of Owner's award of contract, Owner may annul the award of contract. In that event, the proposal security of that Proposer will be become the property of Owner, not as a penalty but as liquidated damages. Owner reserves the right to award the contract to the next-ranking Proposer based on Owner's evaluations of the proposal, as Owner deems it to be in the best interests of Owner. The proposal security of the other proposers whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh (7th) day after the effective date of the Standard Form of Agreement between Owner and Contractor or the one hundred twentieth (120th)day after the proposal opening,whereupon the proposal security furnished by such proposers will be returned. C. Owner has the right to retain the proposal security of all Proposers until either: 1. The Standard Form of Agreement between Owner and Contractor has been executed and the bonds have been furnished, or 2. The specified time has elapsed so that proposals may be withdrawn, or 3. All proposals have been rejected. 1.11 PERFORMANCE BOND &LABOR&MATERIAL PAYMENT BOND A. Contractor shall post with Owner, within five (5) days of Owner's award of contract, a Performance Bond in the amount of one hundred percent(100%)of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. B. Contractor shall post with Owner, within five (5) days of Owner's award of contract,a Payment Bond in the amount of one hundred percent(100%)of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. C. In addition to the above requirements, if the amount of any bond exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), then the surety on such bond must also: 1. Hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or 2 Have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety on the bond or the reinsurer holds a certificate of authority from the United States Secretary of the Treasury, Owner may conclusively rely on the list of companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies published in the Federal Register by the United States Department of the Treasury covering the date on which the bond was executed. D. Contractor must file, along with the Performance Bond and Payment Bond, all documents and information necessary to establish that the agent signing the bond is authorized to write the bond in the amount requested and, if applicable, that reinsurance requirements have been met, including limits and ratings or other evidence of company solvency. E. If the corporate surety company on any bond furnished by Contractor to Owner is declared bankrupt or becomes insolvent or such corporate surety company's right to do business in the state of Texas is revoked,then Contractor shall within five(5) days thereafter substitute another bond and corporate surety company, both of which must be deemed acceptable by Owner. 1.12 FILING PROPOSAL A. No proposal will be considered unless it is filed with Owner within the time limit for receiving proposals as stated in the Request for Competitive Sealed Proposals and/or the Notice to Proposers [included at Section 00020 of the Project Manual]. Each proposal shall be in a sealed envelope/packaging plainly marked as required by those documents. 1.13 MODIFICATION AND WITHDRAWAL OF PROPOSAL A. No proposal may be withdrawn or modified after the proposal opening except where the award of the contract has been delayed beyond one hundred twenty(120) days after date of proposal opening. 1.14 IRREGULAR PROPOSAL A. Proposals will not be considered if they show any omissions, alterations of form, additions, conditions not requested, unauthorized alternate proposals, or irregularities of any kind. However, Owner reserves the right to waive any irregularities and to make the award in the best interests of Owner. 1.15 REJECTION OF PROPOSAL A. Proposer acknowledges the right of Owner to reject any or all proposals and to waive any informality or irregularity in any proposal received. In addition, Proposer recognizes the right of Owner to reject a proposal if Proposer failed to furnish any required proposal security, or to submit the data required by the proposal documents, or if the proposal is any way deemed incomplete or irregular. 1.16 SELECTION CRITERIA AND OWNER EVALUATION A. Owner intends to award the contract to the Proposer whose proposal represents the best value to Owner according to the selection criteria and the relative weighting set forth herein. The selection criteria that Owner will use in selecting the successful Proposer and the relative weighting of such criteria are as follows: Selection Criteria a) Price: The quoted price, cost methodology, alternatives proposed, and markup for changes. (Total 40pts.) b) Past Projects with References Listed: 1) Has the proposer performed local projects (local is defined as the Austin-Round Rock MSA)if yes, projects listed? 2) Are there governmental clients listed (with contact information) and was the project overall a positive experience for those clients? 3)Are the projects presented equal or greater in complexity,scope, and dollar value when compared with the proposed project? 4) Was the completion of similar projects completed according to the construction schedule (scheduled construction dates included)? (Total 20pts.) c) Company and Construction Team Qualifications: 1) Is the company competent, financially stable, and experienced to complete the proposed project? 2)Has the project manager and superintendent been successful in managing projects of similar size, complexity, and scope as the proposed project? 3) Does the construction team's resumes reflect technical knowledge and practical experience managing and constructing projects, equal to the proposed project? 4)Has this team worked together on previous projects?List the projects. What was the team's contribution to making the previous projects successful?Provide previous project Owner and Architect contact information. Describe why you think the proposed team is the best fit for this project. (Total 20pts.) d) Project Plan, Approach and Quality Control: 1) Are all project steps clearly identified, in a logical order, and does the schedule meet the City's needs? 2)Does the company have a valid contingency plan if delays occur and the ability to execute that plan? 3) Can the company complete the project within the schedule and accomplish existing commitments? 4) Is the proposed program for quality control sound and specifically related to the project? (Total 20pts.) e) Compliance with Administrative Requirements and Information Requested: 1) Did the Proposer follow the Proposal Instructions and Format? (Total0-10pts.) B. Proposals shall be publicly opened, and the names of each Proposer shall be read aloud,together with all prices stated in each proposal. C. Within forty-five(45)days after the proposals are opened, Owner or its designated representatives shall evaluate and rank each proposal submitted in relation to the published selection criteria and weighting. D. Owner will initially attempt to negotiate a contract with the first ranked Proposer. If Owner does not require any modifications to the scope, time, or price, then the first ranked Proposer shall execute the Standard Form of Agreement between Owner and Contractor, as awarded. If for any reason Owner is unable to reach contract execution with the first ranked Proposer, then Owner will give written notification to that Proposer that negotiations are ended and will then proceed to negotiate with the next ranked Proposer in the order of selection ranking until such time as a contract is reached or all proposals are rejected. Proposals may be rejected at any time. 1.17 EXECUTION OF CONTRACT A. No contract shall be binding on Owner until it has been executed by Owner or its duly authorized representative, and same delivered to Contractor. 1.18 FAILURE TO EXECUTE CONTRACT A. The failure of the Proposer to execute the required bonds or to sign the required contract within five (5) days after the Contractor is notified that the scoring committee has selected them as the 1St choice contractor shall be considered by Owner as abandonment of the proposal, and Owner may rescind the notice. 1.19 PURCHASE ORDER A. Purchase order(s) shall be generated by Owner to Contractor. The purchase order number must appear on all itemized invoices. 1.20 NOTICE TO PROCEED A. Upon the execution of bonds and contract, Owner will issue a written Notice to Proceed to Contractor requesting that she/he proceed with construction and establishing the commencement of the contract time; thereafter, Contractor shall commence work within ten (10)calendar days after the date of Notice to Proceed. 1.21 CONSTRUCTION SCHEDULE A. The time for completion is up to four hundred twenty-six (426) calendar days from the notice to proceed letter and such deadline for completion will be included in the Standard Form of Agreement between Owner and Contractor. 1.22 LIQUIDATED DAMAGES A. Should Contractor fail to achieve completion of the work within the specified completion schedule, then the sum of One Thousand and No/100 Dollars ($1,000.00) per calendar day of delay will be deducted from the monies due Contractor for the work,and such sums shall be reasonable liquidated damages due to the impracticability or impossibility of ascertaining the actual damages. 1.23 PERMITS A. Contractor shall be responsible for obtaining all necessary permits. 1.24 MATERIALS TESTING A. Owner will be responsible for providing or contracting for inspection services and materials testing, all in accordance with Texas Local Government Code §271.116(c)and any other applicable statutes. 1.25 WAGE SCALE A. In accordance with V.T.C.A.,Government Code,Title 10, §2258"Prevailing Wage Rates," the general prevailing wage rate has been determined for this locality for the craft or type of worker needed to execute work of a similar character to the project listed herein. Contractor shall pay the prevailing wage rate in this locality to all employees and subcontractors performing work on this project, and in no event shall Contractor pay less than the rate shown in the following schedule: Except for work on legal holidays,the"General Prevailing Rate of Per Diem Wage" for the various crafts or type of workers or mechanics is the product of (a) the number of hours worked per day, except for overtime hours, times (b) the above respective rate per hour. B. For legal holidays,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a)one and one-half times the above respective rate per hour, times (b) the number of hours worked on the legal holiday. C. For overtime work,the"General Prevailing Rate of Per Diem Wage"for the various Tab C I Questionnaire 1 I Basic Information 1.1 Name of organization:John King Construction,Ltd. 1.2 Address of principal office:559 S I1135,Suite 210,Round Rock,TX 78664 1.3 Telephone number and facsimile number of principal office: Telephone number:512.836.5464 Facsimile number:512.833.1033 1.4 Form of business organization:Partnership 1.5 Year founded:1978 1.6 Individual named as primary contact:J.D.King,Head of Estimating&Pre-Construction 2 Organization 2.1 How many years has your organization been in business in construction in its current capacity?44 Years 2.2 How many years has your organization been in business under its present name?19 Years (Organization name changes made for tax structure purposes) 2.3 Under what other former names has your organization ever operated? John King,Inc 1983-2003 King Construction 1978-1983 2.4 If your organization is a corporation,answer the following.N/A 2.5 If your organization is a partnership,answer the following: (a)Date of Organization:May 30,2003 (b)Type of partnership:Limited (c)Name of General Partner(s):John King,LLC 2.6 If your organization is individually owned,answer the following.N/A 2.7 If the form of your organization is other than those listed above,answer the following:N/A 2.8 Is your organization authorized to do business in Texas?Yes NOur expertise in fast tracking projects while ' maintaining top quality, has made John Kin Construction a trusted and proven name in t e commercial construction industry for 40+ years. Fire Station 1 1 Response to RFP 2022 Tab C I Questionnaire 3.11 Current Project List Project Name, Procurement Scheduled for whom Location Nature t Method&Nature Contract percent constructed Project of Services Amollnt Size Complete ComDpaltetion Owner Architect Negotiated, Lazarus Brewing Co., Hoover&Associates. I cams Brewing Co Austin,TX Renovation& Construction $ 3,800,000 11,024 SF 95% Dec-21 Christian Cryder, Trey Ottmers, Rebuild Manager as 406.529.5568 512.467.2626 Constructor Competitive Bid, Magic Architecture, Brewery-Rainey St, ,bus*TX Renovation& Construction $ 1,863,089 3,034 SF 959 o Nov-22 NDA ScottMagic, NDA Rebuild Manager as 512994.5782 Constructor Hutto Coop Ground-Up Retail Negotiated,General FGM Architects,Bob Development Retail Hutto,TX $ 2,412,624 12,000 SF 95% Nov-22 NDA Galloway, Shell Buildings 3&4 Shell Contractor 512.474.8085 A Parallell Office Austin,TX Remodel Competitive Bid, $ 1,018,851 2,700 SF 620/a Nov-22 1204 ECC,LLC,Eric A Parailell,LLC,Eric Remodel General Contractor Barth,512.464.1199 Barth,512.464.1199 Smokey\fo s KyIc Kyle,T.l' Tenant Finish Out Negotiated,General $ 718,484 2,466 SF 539 o Nov-22 Smokey i11o's BBQ DP3 Architects,Ltd., Contractor Craig Haley, 864.2328200 1512.528.0090 Take 5 Oil Change-Georgetown,TX Ground-Up Negotiated,General $ 722,081 1,433 SF 80a/ Nov-22 Take 5 Oil Jeff Martin, Altar Group, Georgetown Contractor 214.5728438 832.390.1713 Take 5 Oil Change- Lumberton,TX Ground-Up Competitive Bid, $ 752,122 1,445 SF Oain Dec-22 Take 5 Oil Jeff Martin, Altar Group, Lumberton General Contractor 214.572.8439 832.390.1714 Lazarus Brewing Austin,TX Misc Negotiated,General $ 260,000 NA 0% Dec-22 Lazarus Brewing Co., Hoover&Associates. Post CO Work Contractor Christian Cryder, Trey Ottmers, 406.529.5568 512.467.2626 Smyers Retail TI Austin,TX Tenant Competitive Bid, $ 178,207 15,000 SF O1i6 Dec-22 CSR-'Development, Cuaso Design Studio, Improvement General Contractor Ben White, Hal Lynch, 512.861.3546 512.348.8078 Taco Bell Kyle Kyle,TX Ground-Up Competitive Bid, $ 1,402,038 3,099 SF 429 b Dec-22 Tacala Austin Corp, Hoover&Associates. General Contractor Dwayne Kosthia, Trey Ottmers, 737.209.7400 512.467.2626 Texas Card House- Houston,TX Remodel Negotiated,General $ 1,215,141 10,555 SF 25% an-23 Texas Card House, Hip Hop Design Houston Contractor Ryur Crow, Studio,LLC.,James 409.779.9299 Cometet,740.525.2268 Enviroplan Offices Austin,TX Ground-Up Negotiated,General $ 1,065,080 4,892 SF 4096 an-23 Env iroplan Architects, Enviroplan Architects, Contractor Gary Payne, Gary Payne, 512.476.0622 512.476.0623 Content Stack Austin,TX Remodel Competitive Bid, $ 393,333 4,568 SF 09 o Feb-23 Content Stack,Nick API Design,Carol General Contractor Borth,716.998.050 Sandman,650.254.1444 o s Coffee Austin TX Remodel Negotiated,General $ 610,000 2,173 SF Oa/ Mar-23 Jo's Coffee,Hannah Hip Hop Design Contractor Taylor-Noren, Studio,LLC.,James 917.617.4836 Cometet,740.525.2268 Georgetown Leander,TX Ground-Up Negotiated,General $ 1,142,078 7,100 SF 39u un-23 Georgetown MODE Design Stoneworks Contractor Stoneworks,Shari Company,Ryan Wojtowecz, Hansanuwat, 512.839.9535 512733.1150 alisco's-Hutto Hutto,TX Tenant Finish Out Negotiated,C%fc $ 1,300,000 6,328 SF 0% un-23 J21iscdsNfexican \MODE Design Restaurant,Jaime Company,Ryan Fernandez, Hansanuwat, 512.639.4596 512.733.1150 Southside Market& Leander,TX Ground Up Negotiated,CMc $ 2,800,000 Design 0% Jul-23 Southside Market& Hoover&Associates. BBQ-Leander Phase BBQ,Tom Abney, Trey Ottmen, 512.281.6415 512467.2626 Texas Humane Leander,TX Ground l v Competitive Bid, $ 5,400,000 17,950 SF 0% Oct-23 Texas Humane Hero's, Connolly Architects, Hero's Construction Jeff Struchtemeyer, Larry Connolly, Manager as 512.260.3602 512.480.9611 Constructor Fire Station 1 1 Response to RFP 2022 Tab C I Questionnaire 3.2 1 Past Project List Grand Lady Event Venue (a) The Grand Lady Event Venue,Westbound,LLC (b) Manor,Texas (c) New Construction (d) Negotiated (e) General Contractor (0 $1,730,552 (g) 4,000 SF (h) Original Budget: $1,730,552 1 Actual Cost: $1,772,159 Difference Explained: $41,607.58 in Owner Iniated Change Orders (i) Start Date: 11.1.2020 1 Completion Date: 5.20.2021 Original Construction Duration: 192 Days (j)Westbound,LLC Katie West- 602.908.4427 (k) Archadia Design Michael Deere-423.298.2224 0) PM:JD King I Superintendent:Mike Russell . _ t Fire Station 1 Response to RFP 2022 Tab C I Questionnaire 3.2 1 Past Project List Hutto City Hall (a) Hutto City Hall for MA Partners (b) Hutto,Texas (c) New Construction (d) Negotiated (e) General Contractor (� $6,483,475 (g) 37,000 SF (h) Original Budget: $6,483,475 Actual Cost: $6,614,798 Difference Explained: $131,323 in Owner/City Iniated Change Orders, 2% of Final Budget. (i) Start Date: 5.1.18 1 Completion Date: 2.27.19 Original Construction Duration: 213 Days 0) MA Partners,Robert Wunsch,512.547.7690 (k)Jackson Galloway,Bob Galloway,512.474.8085 (1) PM:JD King I Superintendent:John Karfit } Whether your project delivery method is competitive bid or a negotiated agreement,I believe JKC is an excellent selection and one of the best decisions IT I F Eyou can make to assure a successful project.,, Bob Galloway(AIA), Jackson Galloway FGM Architects � I J ■ 0 . o Fire Station I Response to 1v1 P2022 3.2 1 Past Project List 2017-2022 Tab CIQuestionnaire ***On Average JKC Self-Performs 5%-10%Per Project ob_Name Owner liaArchitect Contract Com leted Smokey Mo's Round Rock Smokey Mo's BBQ DP3 657,7-4 ()ct-22 Take 5 Oil Change -Hutto Take 5 Oil ICON Architects,Inc 660,009Jul-22 Hutto CoOp Retail Shell Bldg. 1B NDA FGM Architects Inc. 1,238,712 un-22 St.Johns Site Work St.John Orthodox Church FGM Architects Inc. $ 367,445 May-22 Taco Bell Liberty Hill Tacala Austin Corp Hoover&Associates $ 1,237,266 Apr-22 Kinningham Park City of Round Rock Mode Architects $ 2,326,885 Apr-22 Frontier Bank Round Rock Frontier Bank of Texas TGS Architects,Inc $ 458,785 Feb-22 City Centre 11,551 S IH 35,LLC 551 S IH 35,LLC Hodge Architects $ 5,071,103 Dec-21 Taco Bell Refresh Program Tacala Austin Corporation Hoover&Associates $ 500,000 Dec-21 Office Evolution Round Rock Office Evolution Round Rock Ochona Development $ 635,615 Dec-21 St.Andrews Presbyterian St.Andrews Presbyterian FGM Architects Inc. $ 1,118,690 Dec-21 Palm Valley RR Remodel Palm Valley Lutheran Church JKC Design Build $ 108,037 Sep-21 Taco Bell Temple Refresh Tacala Austin Corporation Hoover&Associates $ 102,887 Aug-21 Taco Bell Burnet Rd Refresh Tacala Austin Corporation Hoover&Associates $ 100,716 Aug-21 Taco Bell LacyLakeview Refresh Tacala Austin Corporation Hoover&Associates $ 97,957 Jul-21 Taco Bell Valley Mills Remodel Tacala Austin Corporation Hoover&Associates $ 109,612 Jul-21 Jo's Coffee 2nd Street Jo's LP JKC Design Build $ 84,777 Jun-21 Optical Prime Half Helen Foundation Chupik Design $ 123,300 Jun-21 Bastrop Salon Kristen Ewing Dick Clark+Associates $ 400,714 Jun-21 Starbucks Williams Drive Shell LIRC Georgetown,LP Richmond Group Architects $ 804,700 Jun-21 Starbucks Williams Drive TI Starbucks Coffee Company Rogue Architects $ 314,867 Jun-21 Taco Bell Leander Refresh Tacala Austin Corporation Hoover&Associates $ 92,313 Jun-21 Taco Bell Gatesville-Damage Tacala Austin Corporation Hoover&Associates $ 41,932 Jun-21 Hutto Telco Building MA Partners FMG Architects $ 78,706 May-21 The Grand Lady Event Venue Westbound,LLC Archadia Design $ 1,772,159 May-21 Starbucks ATM Relocation Williams Drive LIRC Georgetown,LP Richmond Group Architects $ 69,063 May-21 Pecan Street Earth Work Crow Group Conerstone Group $ 54,891 Apr-21 Taco Bell Mexia Tacala Austin Corporation Hoover&Associates $ 409,351 Mar-21 Palm Valley Lutheran Church-Fi Palm Valley Lutheran Church JKC Design Build $ 157,944 Feb-21 Jo's Coffee-Hancock Hancock Jo's,LLC JKC Design Build $ 155,562 Jan-21 Palm Valley Lutheran Church-Er Palm Valley Lutheran Church JKC Design Build $ 130,000 Jan-21 BB Shine Carwash B&B Operations,LLC ADPG $ 2,066,765 Jan-21 Cloud Kitchen 5610 N.IH 35,LLC Urban Foundry Architecture $ 4,552,889 Nov-20 City Centre TI The Crow Group Hodge Architect $ 268,809 Sep-20 Austin Stone TI Austin Stone Community Churc Mike Tibbetts $ 54,476 Sep-20 Southside Market&BBQ Hutto MA Partners Hoover&Associates $ 1,783,979 Sep-20 Lamar Food Store OFLP-2,ltd MAD Architecture $ 239,618 Sep-20 Fire Station 1 1 Response to RFP 2022 3.2 1 Past Project List 2017-2022 Tab C I Questionnaire Starbucks BrakerBumet-TI Starbucks Coffee Company Rouge Architects $ 1,045,141 Jun-20 Taco Bell Lake Creek Tacala Austin Corp. Hoover&Associates $ 681,272 Mar-20 Northwestern TI 730 Northwestern Properties,LI Hip Hop Design Studio $ 73,758 Jan-20 Enboarder TI(Northwestern Tenai Enboarder Hip Hop Design Studio $ 31,338 Jan-20 Lazarus Phase III Lazarus Brewing Co Hoover&Associates $ 146,140 Jan-20 North Austin Buisness Center Turtle Rock Holdings Thoughtbarn Studios $ 598,817 Dec-19 Southside Market BBQ-Arbor Walk Southside Market&BBQ Hoover&Associates $ 884,626 Nov-19 Dos Salsas-Domain Dos Salsas Mexican Restaurant DFD Architechts $ 5,598,391 Nov-19 Taco Bell Temple Tacala Austin Corporation Hoover&Associates $ 980,568 Sep-19 Taco Bell Dripping Springs Tacala Austin Corporation Hoover&Associates $ 139,816 Sep-19 Taco Bell Conroe Tacala Austin Corporation Hoover&Associates $ 473,702 Aug-19 Belterra Ground Water Remediation Endeavor Real Estate Group Big Red Dog Engineering $ 445,229 Aug-19 Northwestern Avenue Office Space 730 Northwestern Properties,LI Hip Hop Design Studio $ 2,108,149 Aug-19 Palm Valley Lutheran Church Palm Valley Lutheran Church Hoover&Associates $ 323,725 Jul-19 Starbucks Partner Starbucks Coffee Company CR Architecture&Design $ 30,654 May-19 Vuka/Impact Hub Co-Working Vuka Studios Thoughtbarn Studios $ 1,800,000 May-19 Oseyo Restaurant Shell&TI 1628 ECC Holdings&Oseyo Restaurant LLC Hip Hop Design Studio $ 1,181,584 May-19 Texas Card House-Houston Austin Card Room,LLC True Interiors $ 537,063 May-19 Hutto City Hall MA Partners Jackson Galloway FMG Architects $ 6,614,798 Mar-19 Alamo Ranch Retail&Starbucks Shell Vaquero Ventures Franz Architecture $ 3,614,396 Jan-19 McDonald's-Pleasanton McDonald's USA,LLC Castle Design Group $ 307,676 Jan-19 Lou's Bodega Bunk House Group Chioco Design,LLC $ 905,063 Dec-18 Taco Bell-Taylor Tacala Austin Corporation Hoover&Associates $ 784,955 Dec-18 McDonald's-Cypress Creek McDonald's USA,LLC Castle Design Group $ 375,899 Nov-18 San Mart C-Store&Fuel Station Cedar Park San Mart,LLC MRA Architects $ 2,637,172 Sep-18 Taco Bell-Lockhart Tacala Austin Corporation Hoover&Associates $ 437,057 Sep-18 McDonalds-Stone Oak McDonald's USA,LLC Castle Design Group $ 392,906 Sep-18 Altamira Academy Wayside Schools Rabe+Architects $ 14,298,227 Jul-18 Starbuck's San Angelo-Shell Vaquero Ventures Franz Architecture $ 1,082,444 Jul-18 McDonalds-Riverside McDonald's USA,LLC Castle Design Group $ 245,795 Jul-18 Starbucks Shertz Shell Vaquerp Ventures Franz Architecture $ 1,796,605 Jun-18 Starbucks Shertz TI Starbucks Coffee Company Rouge Architects $ 350,816 Jun-18 McDonald's-Lake Creek McDonald's USA,LLC Castle Design Group $ 247,733 Jun-18 McDonald's-Leander McDonald's USA,LLC Castle Design Group $ 357,147 Jun-18 Rudy's BBQ-North Lamar K&N Management Hoover&Associates $ 1,841,500 May-18 Taco Bell-Braker Tacala Austin Corp Hoover&Associates $ 380,800 May-18 McDonald's-Cedar Park McDonald's USA,LLC Castle Design Group $ 346,610 May-18 Starbucks-Cedar Park Starbucks Coffee Company Rouge Architects $ 766,230 Mar-18 Lazarus Brewing Co.-Phase II Lazarus Brewing Co Hoover&Associates $ 404,749 Mar-18 Taco Bell-Cedar Park Tacala Austin Corp Hoover&Associates $ 442,000 Mar-18 McDonald's-Parmer Lane McDonald's USA,LLC Castle Design Group 1 $ 202,388 Mar-18 Fire Station 1 1 Response to RFP 2022 3.2 1 Past Project List 2017-2022 Tab C I Questionnaire City Centre The Crow Group Ochono Architects $ 3,536,359 Feb-18 Texell Credit Union-Cedar Park Texell Credit Union IDG Group $ 355,000 Feb-18 Fellowship Bible Church Fellowship Bible Church Jackson Galloway $ 4,583,900 Dec-17 Triangle Shopping Center Triangle Center I,Ltd KAH Architecture $ 814,629 Dec-17 Starbucks-San Antonio Starbucks Coffee Company Starbucks Coffee Company $ 1,030,000 Aug-17 5525 Burnet Rd Endeavor Real Estate Group Antenora Architects $ 1,101,000 Aug-17 5531 Burnet Rd Endeavor Real Estate Group Antenora Architects $ 527,401 Aug-17 Deerfield Fueling Station VH Brodie Investments,LLC Michael Imbimbi $ 1,207,000 Jun-17 Texas Card House Austin Card Room,LLC True Interiors $ 200,000 Jun-17 Village @ Westlake Endeavor Real Estate Group Mark Odom Studios $ 220,000 Apr-17 Taco Bell-Gatesville Tacala Austin Corp Hoover&Associates $ 628,956 Apr-17 Cesar Chavez Restaurant Shell 2515 ECC,LLC Dick Clark+Associates $ 460,509 Mar-17 Starbucks-Anderson Mill Starbucks Coffee Company Starbucks Coffee Company $ 300,305 Mar-17 Starbucks Anderson Mill-Shell Danly Properties CTA Group $ 800,068 Mar-17 Fireball Grill-Dell Diamond City of Round Rock R.Gill Architects $ 821,806 Mar-17 Texell Credit Union-Georgetown Texell Credit Union IDG Group $ 321,249 Feb-17 Fire Station 1 Response to RFP 2022 Tab C I Questionnaire 3 1 Experience Continued 3.3 List the categories of work that your organization normally performs with it's own forces: Earth Work,Demo,Concrete, Metal Stud Framing and Drywall,Carpentry On this project do you propose to do any work with your own forces? JKC has recently added a Drywall Division to our Construction operations. Our Drywall crew has over 30 years experience in Metal Stud Framing and Drywall.They worked on Round Rock Fire Stations#4& #8. This new division creates a higher level of quality control for our clients in both the preconstruction and construction phase of the projects they are on. 3.4 List any subcontractors in which your organization has some ownership and list the categories of work those subcontractors normally perform:N/A 3.5 Claims and suits. (If the answer to any of the questions below is yes,please attach details.) 3.5.1 Has your organization ever failed to complete any work awarded to it(Your answer to this question 3.5.1 must include any matters involving your organization and it's officers or principals in their current or any past positions)?No 3.5.2 Are there any pending or outstanding judgments?No 3.5.3 Are there any pending or outstanding claims?No 3.5.4 Are there any pending or outstanding arbitration proceedings?No 3.5.5 Are there any pending or outstanding lawsuits?No 3.5.6 Within the preceding five years,has your organization filed any lawsuits or requested arbitration with regard to any construction contract?No 3.5.7 Within the preceding five years,has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract?No lip 1 J � r 9t John King Construction has been a great partner from the beginning of the projects,the team demonstrated diligence and dedication to completing the work in a timely,professional manner,while staying within budget. Their knowledge,leadership,integrity,and a proven track record were also key to the success...I would highly recommend them for any future construction projects. Victor Wang Managing Principal Latitude Development Fire Station 1 1 Response to RPP 2022 Tab C I Questionnaire 3.6 Relevant Experience - Austin/RR MSA ,.m Hutto Retail Shell 1B,Hutto I June 2022 Kitchen Cormnisary,Austin October 2020 ---� Alamo Ranch Retail Shell&SBUX Shell,SA I January 2019 Altamira Charter School,Austin I July 2018 BB Shines Car Wash,Cedar Park I January 2021 Christ Church,Cedar Park I January 2017 Solid Ground Storage,Bastrop I January 2015 Rabb House,Round Rock May 2014 Southside:Market&BBQ I September 2019 Dos Salsas Domain,Austin November 2019 Fire Station 1 1 Response to RFP 2022 Tab C I Questionnaire 3.7 1 JKC Safety JKC's approach to safety management is based on the conviction that safety is everyone's responsibility.Further,a safe working environment holds these basic premises: • All incidents and injuries are preventable;no level of incident or injury is acceptable or tolerated. • Injury free operations are possible in construction;a prevailing mindset and conviction exists to do the right thing and what is necessary to achieve that state. • Elevate safety awareness daily;it is a journey of continuous improvement to advance safety and achieve a heightened state of awareness where workers choose to be responsible and accountable for their own safety and the safety of their co-workers. Enforcing our methodologies and maintaining a safe construction environment involves the entire project team.Everyone associated with your project must understand their responsibilities with regard to health and safety.As the construction manager,JKC will provide a safety specialist to perform safety observations at the project site,will hold site wide safety meetings,and will reinforce the paramount nature of safety on the job site.Our project team will work with each subcontractor to assist in maintaining a safe work site and encourage each subcontractor to bring forth any safety concerns.With the responsibilities defined,subcontractor and workers will be held accountable for their health and safety performance. Further,the construction site is on an active facility.Our safety specialist will be charged with ensuring plans are in place to protect the safety of your faculty and visitors as well as our construction personnel.Our Project Superintendent will be responsible for daily imple- mentation of these safety plans. JKC employs a third party safety consultant to enforce our safety program and conduct regular site inspections;this is how we ensure that Safety remains a top priority on all of our projects. **Safety Manual available upon request(190 pg) EMR & OSHA 300 Log In the past three years,JKC has not incurred any work related injuries or illness resulting in time away or work restrictions in any manner. JKC's Experience Rate Modifier is Currently 0.91 C7 WORKERS COMPENSATION EXPERIENCE RATING /r` /7 Risk Name:JOHN KING CONSTRUCTION INC Risk ID: 420989768 Rating Effective Date: 10.'22'2022 Production Date: 05/132022 State: TEXAS State Wt Exp Excess Expected I Exp Prim I Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses Losses Losses T*. .06 6,49 9,3301 2.8331 0 24.625 334 334 (A)(B) (C)Exp Excess (D)Expected (E)Exp Prim (F)Act Exc (6)Ballast I (H)Act Inc 1 (1)Act Prim wtl Losses(D-E) Losses Losses Losses(H-9 Losses Losses 05 6,4971 9,330 2,8331 ol 24,6251 1001 100 Primary Losses Stabllbdrtp Value Ratable Excess Totals (I) C (1-A)*G (A) (F) (J) Actual 100 30,732 0 30.632 (E) C'(1-A)+G (A) (C) (K) Expected 2,833 30,732 390 33,955 ARAP FLAP" I SARAP MAARAP Exp Mod . r Factors I I I g i RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. Fire Station 1 1 Response to RFP 2022 Tab C I Questionnaire 4 Financial Information 4.2 Name and address of firm preparing attached financial statement and date thereof: CD Bradshaw&Associates,P.C., 1500 W. University Ave., Suite 102,Georgetown,TX 78628 4.3 Is the attached financial statement for the identical organization named under Question 1.1 above?Yes 4.4 Will the organization whose financial statement is attached act as a guarantor of the proposed contract for construction?N/A 4.5 Provide name, address,contact person,and phone number for your bank reference. Horizon Bank (ATTN Bailey Rollo) 12007 Techology Blvd,Austin,TX 78727 512.836.4602 4.6 Surety and Agent: Provide the: (a) name of your bonding company; and (b) the name and address of your agent. Scott Chapman, USI Insurance Services,LLC,480 Wildwood Forest Drive, Ste. 760, Spring,TX 77380 832.702.8344 As a growing organization with tight construction timelines largely build around school breaks and summer,having a construction parter that can deliver a building on time and in budget is crucial.John and his team has yet to let us down. " Matt Abbott,Superintendent&CEO Wayside Schools Fire Station 1 1 Response to RFP 2022 Tab C I Questionnaire 4.7 1 Certificate of Insurance ACO W CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/24/2022 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 have ADDITIONAL INSURED provisions or 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: Shelli Hacker Brown&Brown of Austin PHONE EXtj.5I2-540 S3O7 AX(AICNo):512-346 1736 8000 Centre Park Dr.,Suite 370 E-MAIL Austin TX 78754 ADDRESS: shelli.hacker bbrown.com INSURERS AFFORDING COVERAGE NAIC f INSURER A:FCCI Insurance Company 10178 INSURED JOHNK-2 INSURER B:National Trust Ins Company 20141 John King Construction Ltd 559 S IH 35,Ste 210 INSURERC: Round Rock TX 78664 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:359857309 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LT POLICYNUMBER MM/DD/YYYY MM/DD/YYYY 3 X COMMERCIAL GENERAL LIABILITY CP100073516-01 10/22/2022 10/22/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RERTEU-- CLAIMS-MADE FxI OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY�j. LOC PRODUCTS-COMP/OP AGG $2.000,000 _ OTHER: $ A AUTOMOBILE LIABILITY CA100073515-01 10/22/2022 10/22/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident E A X UMBRELLA LIAB X OCCUR UMB100073517-01 10/22/2022 10122/2023 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTIONS in nnn I $ A WORKERS COMPENSATION WC0100073518-01 10/22/2022 10/22/2023 X PER OTH- ANDEM PLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 fins ,describe under DCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space is required) The requested certificate has been issued in accordance with Texas Law.Some policies include blanket endorsements that provide status to the certificate holder ONLY when there is a written Contract between the named insured and the certificate holder requiring the status. INTERLINE ENDORSEMENTS—Applicable to General Liability,Auto Liability,Umbrella Liability,Workers Compensation IL 060(07 13)Blanket Notification to Others Of Cancellation 30-Day Notice of Cancellation,blanket,where required by written contract GENERAL LIABILITY See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Proof of Insurance AU�TH(tO'R'IZ1EfjREPRESENTATI V E Vry}AAA I'/vllr l'I W C, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Fire Station 1 I Response to RFP 2022 Tab C I Questionnaire 4.7 1 Certificate of Insurance AGENCY CUSTOMER ID:JOHNK-2 LOC#: A`oZ' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Brown&Brown of Austin John King Construction Ltd 559 S IH 35,Ste 210 POLICY NUMBER Round Rock TX 78664 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CGL 088(01 15)First Choice Contractors Liability Endorsement Additional Insured Status,blanket,where required by written contract Waiver of Subrogation Provision,blanket,where required by written contract CGL 121(04 13)Additional Insured—Owners,Lessees or Contractors—Automatic Status When Required in Contract or Agreement—Ongoing Operations and Products-Completed Operations(Texas Limited Sole Negligence) Additional Insured Status,blanket,where required by written contract Primary&Non-Contributory Status,blanket,where required by written contract CG 20 01 04 13 Primary and Noncontributory—Other Insurance Condition Primary&Non-Contributory Status,blanket,where required by written contract AUTO LIABILITY CAU 058 05-19 Auto First Choice Coverage Endorsement CAU 082 01-15 Automatic Insured Primary Non-Contributory Endorsement UMBRELLA LIABILITY CU 00 01 04-13 Commercial Liability Umbrella Coverage Form Section II—Who is an Insured,Paragraph#3 Additional Insured Status,blanket,where required by written contract CU 22 82 06-04 Texas Waiver of Transfer of Rights of Recovery Against Others to Us Waiver of Subrogation Provision,blanket,where required by written contract UMB 179(07 09)Additional Insured Primary/Non Contributory Coverage Primary&Non-Contributory Status,blanket,where required by written contract WORKERS COMPENSATION WC 42 03 04 B 06-14 Texas Waiver of Our Rights to Recover from Others Endorsement Waiver of Subrogation Provision,blanket,where required by written contract ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Fire Station 1 1 Response to RFP 2022 Tab C I Questionnaire 5.11 Personnel J.D. King I Austin, TX Head of Estimating&Pre-Construction J.D.has been managing the Estimating&Preconstruction department at JKC for the last five years with consistent leadership and project success. Wes Koenig I Austin, TX Senior Project Manager 50%Assigned to Project Highlighted Projects-Last Five Years Aparallel Remodel-$1,016,00(in-Progress) Kinningham Park-$2,326,885 City Centre II-$5,023,524 St.Andrews Presbyterian-$1,118,690 Austin Distillery-$6,500,00 St.Vincents Mixed Use Development-$4,400,00 Linebarger Goggan Blair&Sampson-$1,400,000 UT Doty Fine Art Library Renovation-$1,300,000 Tech Ridge CSW-$1,200,00 UT Public Area Renovation-Geogre Sanchez Building-$800,000 David Oman- (100% Assigned to Project) Superintendent 100% Assigned to Project Highlighted ProProjects Aparallel Remodel-$1,016,00(in-Progress) Kinningham Park-$2,326,885 Langford elementary Austin independent school district-$5 million Gillette elementary School new library addition and building renovation of new mechanical electrical and plumbing-$4 million Wesco office building ground up-$3.8 million Waterloo swim center ground a project with a Olympic size swimming pool-$4 million Stratford house renovation-$1.7 million Orthopedic surgery center-$4 million Austin spine surgery center-$2.8 million Manor commons ground up retail center-$4 million Tejas plaza ground up-$5 million Arlington storage Pflugerville Texas-$4.3 million Over Tweleve Clean Room Facilities throught the years Fire Station 1 1 Response to RFP 2022 Tab C I Questionnaire 5.2 1 Project Team Experience • . . • • k • T 0114 01 NIL f • b - • , ` John N. King Jaime Sanchez David Oman Assistant Superintendent Berg Compliance Founder Solutions J.D. ing Superintendent Wes Koenig Safety Consultants President�Bead of Estimating&Pre- Senior PM Alegra Breaux Construction Project Coordinator The team we have selected for Round Rock Fire Station 1 brings over 100 years of construction experience to this project.They have completed many successful project together with Wes &David completeing over two success- ful projects as a PM&Superintendent teamin the past year. Wes &David both joined JKC in in the last two years and they have already made a huge impact on the projects they have been involved with. Previous Team Experience- Wes & David 1. Kinningham Park City of Round Rock I Eric Dady- 512.688.0350 MODE Design I Ryan Hansanuwat, 512.733.1150 S f 2. A Parallel Office Remodel (In-Progress) - ev Fire Station 1 J Response to Rt F 2022 Tab C I Questionnaire 6 Proposed Plan, Schedule & Quality Control Program 6.1 Describe your proposal work plan for this project: For this project to be successful,the estimating and preconstruction phase will be critical: JD King:President/Lead Estimator: Our estimating goals: 1. Prepare a budget that can actually be built for the cost and time we provide. 2. As noted before,our goal is to put together a team that can perform.We bid the job to build it,not to be awarded and change order the owner as discrepancies come up.The only way we know how to do this is by putting our best team together, led by a strong management team and provided a budget that allows everyone to be successful. 3. We have reached out to each one of our critical subs to discuss the scope and timelines of the project. Every successful project starts with meticulously"buying out"the project in the procurement stage.The Pre- construction phase allows us to on-board our Subcontractors and Vendors to ensure that all team members have a complete understanding of the scope of work and time line.One of the most important benefits of the Pre-construction phase is connecting our team with the Owner/Designer/Property Management team and those that will be utilizing the facility.This phase also allows for the"work plan"to be developed in a collaborative way. JKC will be laser focused on Safety&Business Disruption given the location of this project.Additional controls and site management will be utilized to this end to mitigate dust control,business disruption and most importantly, Safety for those outside of the job site. 6.2 Describe your construction management approach and ability to coordinate work with all subcontractors and suppliers in order to meet the deadlines established in the submittal construction schedule. In addition to the explanation given in 6.1,we utilize the most sophisticated Project Management(Procore)and Estimating(Timberline/Sage)software in the world.These tools equip us to insure'Clear Direction'while combining a checks and balance system of timely critical communication.Including and most importantly the Submittal approval schedule.A trustworthy quote;"You can't Build It unless you can Buy It". 6.3 Describe your ability to complete the project within the schedule taking into account existing commitments. JKC is very conservative on project work load.We choose to bid projects that align with our capacity and allow us to successfuly deliver every project we commit to. 6.4 Describe your ability to identify and resolve potential issues,delays,etc. We at JKC pride ourselves on the"Plan B".We have over Forty years of experience working collaborativly with Ownership,Design,and Subcontractor teams to identify and solve issues to avoid delays and deliver a seamless experience. 6.5 Describe your back up/contingency plan for any unanticipated delays. Referring back to 6.1,the Pre-construction Phase is our contingency plan as most unanticipated delays are identified during the exercises in this phase.Our job is to make the"Unknown,Known".Also see 6.4 regarding"Plan B". Additionally,we have a dedicated following of Subcontractors and Vendors that believe as we do and thrive on the ability to get things done and solve problems. rrrz Station 1 I Response to RPP 2022 Tab C I Questionnaire 6.6 Describe your quality control program: The City of Round Rock has right to expect the highest quality in every aspect of the Fire Station 1 JKC is committed to the quality of every project through shared management and belief that quality is a value,not compromised by cost or schedule. For JKC quality work holds the following premises.• • Conformance to all contractual requirements,specifications,applicable standards and JKC's quality control process. • Compile accurate records of inspections,tests,certifications and other required documentation. • Notify City of Round Rock of quality discrepancies for immediate corrective action. Assure corrective action is implemented timely and properly. • Defect free operations are possible in construction;a prevailing mindset and conviction exists to do the right thing and what is necessary to achieve that state. • Evaluate quality awareness daily;a journey of continuous improvement to advance quality and achieve a heightened state of awareness. • Fortunady,JKC's Building Science Applications have evolved and improved over the years.Unfortnately,there are no perfect set of plans or in some cases the Design community is not caught up to some of the Science that JKC is most concerend about.To this end JKC has retained experts in the following areas: -Building commisioning,particulary HVAC -ADA,pre-inspections before wall coverings -Water Proofing/Flashings JKC's quality controlprocess involves the following steps: • Ensuring the construction team fully understands contract requirements. • Inspection of first delivery of material and equipment. • Inspect first equipment in place. • In-wall and above ceiling acceptance. • Activation,start-up and acceptance of all systems. • Providing the construction team with quality control support. • First inspection and acceptance,and punch list. • Contract close-out. Providing our construction team with specialized quality control support is a strength of the JKC process. We support our team with Texas registered professional engineers for critical facility elements such as structural andmechanical systems. As an example,for the Bastrop Southside Market and Barbeque we brought onto the project a MEP consultant,KWR Engineering Services,with whom we have successfully worked with on other projects. Our consultant recommended corrective actions for the HVAC system that increased the systems energy efficiency,achieved the required humidity control,and enabled the system to be balance. JKC will provide this same level of quality control for the Fire Station 1. 6.7 Describe how your quality control team will measure the quality of construction performed by subcontractors on this project, and how will you address non-conforming work. JKC will leverage two means of measuring the quality of the Subcontractors on this project.Our team will send out daily progress reports to the design team.This report includes on-site images,progress details,etc.This report has proved to be a great way to keep everyone in the loop and make sure nothing is missed.Our team will also schedule routine on-site progress meetings with the Design Team,General Contractor,and Owner.If any of these measures find the quality of our Subcontractors lacking or not up to par,JKC will act immediatly to repair or bring the quality up to agreed standards. Fire Station 1 1 Response to RFP 2022 Tab C I Questionnaire 7 1 Ability to Meet Project Schedule 7.1 Do you foresee any problem meeting the project schedule?No as long as electrical panels and emergency generator are able to be released ahead of mobilization on site,current electrical panel lead time is 22-24 weeks out,and the emergency generator could be up to 40 weeks out. 7.2 Does the stipulated time of 426 calendar days seem reasonable for this project?Yes,it does seem reasonable,the biggest obstacle will be long lead items getting released in time. 7.3 Does the stipulated time effect cost of project and if so please explain?No,it does not 7.4 Describe scheduling techniques,including any project management software you would employ on this project: We provide Critical Path Scheduling with Microsoft Project scheduling software.We manage the job through Procore Project Management Software.Additionally we provide an updated 3-Week look ahead schedule at weekly meetings. 7.6 Has your organization been assessed any liquidated damages or other damages for delay on any project during the last five years? No. Hutto Retail Shell 3/4,Hutto In-Progress have found them(JKQ to be professional,dedicated and quality driven. They are true professionals in that they will drive the project to completion in accordance with the Owner's needs/desires. They keep the Owner informed and enthusiastically work to resolve the inevitable problems with minimal impact to quality,schedule or budget" B.K.Browning,PE 68142 Vice President KWR Engineering Services,LLC Fire Station 1 I Response to RFP 2022 Tab C I Questionnaire 7 1 Questionnaire Signature/ Acknowledgement By execution hereof the undersigned warrants and represents that the foregoing answers to this Questionnaire are true and correct. Signature of Proposer John N.King Printed Name of Proposer President Title John King Construction,Ltd. Name of Firm 559 S IH 35,Suite 210,Round Rock,TX 78664 Address of Firm 512.836.5464 Telephone Number of Firm 512.833.1033 Facsimile Fire Station 1 1 Response to RFP 2022 r Acknowledgement The State of Texas ) County of Williamson ) SUBSCRIBED AND SWORN TO BEFORE ME on this 17`day of the month of November , 2022, in the capacity and for the purposes indicated. Notary. of Texas �Y P'• ?o�r••••��; KATELYN ANN KING My Notary ID#130701560 Expires June 15,2024 •QF My Commissi n Expires: 00200 BID BOND -J -------------------.., ..•-- ..� ••.•...--......k"' vwull 00-.70"1L%,l lV%,%,I L VL R wIMU11 uG111a11LL 11V111 VW11CI shall pay to Owner the full penal sum of this Bid Bond,subject to the limitation described herein. In the event that suit is brought upon this Bond by the Owner and judgment is recovered, said Surety shall pay all costs incurred by the Owner in such suit,including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the MERCHANT-"%�, BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Cheryl R Colson,Courtney Goulding;Elaine Lewis,Jennifer Upton;Kevin McQuain; Malia E Mann; Misty Witt; Rita Nicholson; Rosalyn D Hassell, Scott D Chapman;Tristin Rosen their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed" In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of October 2022 '/.� ��PORq>'•2. �� PPo99y. MERCHANTS BONDING; COMPANY TUAL) MERCHANTS NATIONAL BONDING, NC _ F' •�i Z ': 2003 ;y. 1933 �; By Y. ..� r3.•a: �'' �a . STATE OF IOWA ••'� �7 •'• ` ' President COUNTY OF DALLAS ss. On this 11th day of October 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. AP'?OA(S POLLY MASON o Commission Number 750576 . °i°°° M Commission Expires ^� YU( A - • IowP . January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 17th day of November 2022 •P�IONq�•• ,r��\NG'COPO '�',o•. OA 1933— •z 0:3' Secretary 2003 POA 0018 (1120) MERCHANTS BONDING COMPANY'. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498 • DES MOINES, IOWA 50306-3498 • (800)678-8171 • (515)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual)/ Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX(2/15) Request for Competitive Sealed Proposals for Construction Services PROPOSAL FORM PROJECT NAME: Fire Station 1 PROJECT LOCATION: 1730 E.Old Settlers Blvd, Round Rock Tx 78664 PROJECT OWNER: City of Round Rock. Texas DATE: 11/17/2022 PROPOSER: Firm Name: John King Construction, Ltd. Principal Office Address: 559 S IH 35, Suite-21 0, Round Rock, TX 78664 Telephone Number: 512.836.5464 Facsimile Number: 512.833.0133 Primary Contact Name: J.D. King Primary Contact Title: President/ Head of Preconstruction & Estimating CADDENDA ACKNOWLEDGMENT: The undersigned Proposer acknowledges receipt of the following addenda: Addendum No. l dated 11/7/2022 Date Received 11/7/2022 Addendum No.2 dated Date Received Addendum No. 3 dated Date Received Addendum No.4 dated Date Received NO MODIFICATIONS,ADDITIONS,DELETIONS OR ATTACHMENTS SHALL BE MADE TO THIS PROPOSAL FORM. IN SUBMITTING THIS PROPOSAL THE PROPOSER REPRESENTS THAT ALL LABOR, MATERIALS, EQUIPMENT AND SERVICES ASSOCIATED WITH THE WORK AS WELL AS THE TERMS AND CONDITIONS OF THE PROPOSED CONTRACT, SHALL BE IN STRICT CONFORMANCE WITH THE CONTRACT DOCUMENTS ON WHICH THIS PROPOSAL IS BASED. CONTRACTOR PROPOSES: In response to the Request for Competitive Sealed Proposals for Construction Services for the execution of the work described by the contract documents for the above-described project, and having examined the site where the work is to be performed,and being familiar with local conditions as they might in any way affect the cost and!or time for execution of the work, and having carefully examined all of the contract documents and addenda thereto, the undersigned Proposer agrees to perform all of the work. to provide all services,to furnish all necessary superintendence,labor,machinery,equipment,tools,materials. insurance and miscellaneous items, including transportation and other facilities as may be required for the complete and satisfactory and timely execution of the work for which this proposal is submitted,as provided by the attached supplemental specifications and as shown on the plans for the construction of the project, all for the lump-sum consideration stated as follows: TOTAL PROPOSED CONTRACT SUM to include Allowances(Specifications p17 Section 012100) of four hundred and ten thousand ($410,000) TOTAL PROPOSED CONTRACT SUM: (�•�- �. 11,48 kn SLat.,\ Dollars($ VOLUNTARY ALTERNATE SUM: (Attach description on separate sheet if needed) Dollars($ The undersigned Proposer agrees to commence work within ten(10)days after the date of written "Notice to Proceed." The undersigned Proposer further agrees to complete the work in full within four hundred twenty-six(426)calendar days after the date of the written"'Notice to Proceed,"subject to any extensions of time allowed by the contract documents,and in phases as indicated on the drawings. The undersigned Proposer and the Owner agree that for each and every calendar day on which the work, or any portion thereof, remains incomplete after the stated calendar-day period,the Proposer shall pay the amount of One Thousand Dollars ($1,000.00)per calendar day as liquidated damages,not as a penalty but for delay damages to the Owner. Such amount shall be deducted by the Owner from any payment due to the Proposer. The undersigned Proposer agrees that this proposal shall be good for and may not be withdrawn for a period of one hundred and twenty(120)calendar days after closing deadline for receiving proposals. The undersigned Proposer agrees,if notified of the acceptance of this proposal within one hundred and twenty(120)days of the time set for opening of proposals, to execute and deliver to the Owner within five(5)days from the date of such notification the required construction contract,a performance bond and a payment bond for the total amount of the construction agreement, and a certificate of insurance, all as stipulated in the contract documents. The undersigned Proposer agrees to attach to this proposal a certified check, cashier's check or proposal bond in the amount of five percent(5%)of the total proposed contract sum. Also accompanying this proposal is all information required in the"Instruction to Proposers." It is understood and agreed by and between the parties that the proposal security accompanying this proposal will be returned to the Proposer, except in the following instance: in the event of acceptance of this proposal, if the Proposer fails to execute the required construction agreement and deliver the required performance and payment bonds within five (5) days after acceptance, then the proposal security shall become the property of the Owner and shall be considered as liquidated damages for the delay and other inconveniences suffered by the Owner because of such failure of the Proposer. The undersigned Proposer acknowledges that the Owner reserves the right to reject any and/or all proposals covered in this Request for Competitive Sealed Proposals and that the Owner has the right to waive any informalities and/or defects in proposals or to accept such proposals as it shall deem to be in the best interests of the Owner. In submitting this proposal, the Proposer represents that no person or company other than the Proposer listed below or otherwise indicated hereinafter has any interest whatsoever in this proposal or the construction agreement that may be entered into as a result hereof. The undersigned Proposer certifies that the proposed contract sum and all prices contained in this proposal have been carefully checked and are submitted as correct and final. The undersigned Proposer further certifies that the unit prices have been shown in words and figures for each item listed in this proposal; and it is understood and agreed that, in the event of a discrepancy,the words shall govern. The undersigned Proposer affirms that she!heithey are duly authorized to execute this proposal.and that this company, corporation, firm, partnership, and/or individual has not prepared this proposal in collusion with any other Proposer. The undersigned Proposer affirms that the content of this proposal as to prices, terms, and conditions has not been communicated by the undersigned nor by any agents or employees of the undersigned to any other person engaged in this type of'business, prior to the official public opening of this proposal. This Proposal Foran shall be signed by the Proposer as follows: J. Sole Proprietorship: Signature of sole proprietor in the presence of a notary public who will also sign and affix seal, printed name, and printed title (if any). Insert the printed words "Sole Proprietor"under the signature. K. Partnership or Joint Venture: Signature of all partners or joint venturers in the presence of a notary public who will also sign and affix seal, printed name,and printed title(if any). Insert the printed words"Partner"or"Joint Venturer"under each signature. L. Corporation:Signature of duly authorized signing officers,printed names,and printed titles. Under each such signature, insert the capacity in which the signing officer acts. Affix the corporate seal. S' U�or oposer J.D. King Printed Name of Proposer Noltcttatton Requirements, L ontract norms & Uondrt)ons of Uontract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid: failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSTIA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary. questions may be answered on separate attached sheets. Company Name: John King Construction. Ltd. Address: 559 S. IH 35, Suite 210, RR,TX 78664 Phone: 512-836-5464 Completed by: Katie King Date: 11/15/2022 I. Does the company have a written construction Safety program? ❑✓Yes ❑No 2. Does the company conduct construction safety inspections? Yes ❑No 3. Does the company have an active construction safety-training program? [2]Yes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes 0 No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15.or 7.6 for SIC 16. DYes ❑No or less over the past three years? Attach the company's OSHA 2001300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding 0 Yes ❑No ❑N/A B. Excavation ❑✓ Yes []No ❑N/A C. Cranes 0 Yes ❑No ❑N/A D. Electrical 0 Yes ❑No ❑N/A E. Fall Protection Q Yes []No ❑N/A F. Confined Spaces [D Yes []No ❑N/A I herebv certify that the above information is true and correct. DigAally signed by John N. King President Signature h n Date_2022.11.15 16:27:33-06'00' Title Pane 1 00410 8-2014 Statement of Bidder's Safo 1:xperienee 0009(1654 00500 STANDARD FORM AGREEMENT City of Round Rock,Texas Contract Forms Standard Form of Agreement for Competitive Sealed Proposal: Section 00500 City of Round Rock, Texas Standard Form of Agreement between OwnerandContractor AGREEMENT made as of the G.�--�)day ofbftk in the year 2023. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor: John Kine Construction.Ltd. ("Contractor) 559 S IH 35,Suite 210 Round Rock,Texas 78664 The Project is described as: Fire Station No. 1 1730 Old Settlers Blvd Round Rock,Texas 78664 The Architect is: McKinney York.2P Consultants For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 Page 1 of 6 Standard Form of Agreement 4877-3583-3673lss2 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten (LO) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the entire Work no later than Three Hundred Ninety- Six(396)calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages, the sum of One Thousand and No/100 Dollars ($1.000.00) for each calendar day that Substantial Completion is delayed after the date(s)specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement.It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty (30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than Four Hundred Twenty-Six(426) calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be Eight Million Five Hundred Thirty-Eight Thousand Seven Hundred Fifty- Seven and No/100 Dollars ($8.538.757.00), subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .If yes,please provide details below: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor,and Certificates for Payment issued by Architect and not disputed by Owner and/or Owner's lender, Owner shall make progress Page 2 of 6 payments on account of the Contract Sum to Contractor as provided below,in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Architect and Owner, and Architect issues a Certificate of Payment not later than the tenth (10th)day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month. If an Application for Payment is received by Architect and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Architect issues a Certificate for Payment.The Owner shall not have any obligation to pay any amount covered by the Architect's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Architect and Owner may require. This schedule,unless objected to by Architect or Owner,shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Architect's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment, and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. Page 3 of 6 This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY OF ROUND ROCK,TEXAS JOHN KING CONSTRUCTION,LTD. Printed Name: 0, yV Printed Name: J Q6 KNI \\ Title: Mali h K Title: ?res Date Signed: 2 - 25 . 23 Date Signed: ATTEST: ' QAAM City Clerk �;t") APPROVED AS TO FORM: City Atto y Page 6 of 6 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website www.tdi.state.tg.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement&Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. Bond no. TXC616640 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That John King Construction, Ltd. , of the City of Round Rock County of Williamson , and State of Texas , as Principal, and Merchants Bonding Company(Mutual) authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner),in the penal sum of Eight Million Five Hundred Thirty Eight Thousand Seven Hundred Fifty Seven and No/100 Dollars ($ 8,538,757.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: F:#1brL"LrW WHEREAS, the Pri ipaI has entered into certain written Agreement with the Owner dated the Z 3 day of ' '0 to which the Agreement is hereby referred to and made a part hereof as fully and to the sAme extent as if copied at length herein consisting of: Fire Station No. 1, 1730 Old Settlers Blvd., Round Rock, Texas 78664 13.951 square feet. Four Bay Fire Station NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of,the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 4-2020 Pcrformancc Bond 00443639 Bond no. TXC616640 PERFORMANCE BOND(continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default, shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand,all costs, expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this �r] day of , 2023 John King Construction, Ltd. Merchants Bonding Company (Mutual) Princial Surety (� , Scott D. Chapman Printed Name Printed Name By: 2 By: Title: 1-- Title: Attorney-in-Fact Addre '�—.S LH 3�4Z/U Address: 6700 Westown Parkway RR,i x g(0G West Des Moines, Iowa 50266 Resident Agent of Surety: ��W 6D, Q,pA�l j Signature Scott D. Chapman - 837728 Printed Name 480 Wildwood Forest Drive, Ste. 760 Street Address Spring, Texas 77380 City, State&Zip Code Page 2 00610 4-2020 Performance Bond 00443639 Bond no. TXC616640 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That John King Construction, Ltd. , of the City of Round Rock County of Williamson , and State of Texas , as Principal, and Merchants Bonding Company (Mutual)authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Eight Million Five Hundred Thirty Eight Thousand Seven Hundred Fifty Seven and No/100 Dollars($ 8,538,757.00 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS,the 'ncipal has enteerrree into ertain written Agreement with the Owner, dated the day of , 20 2,3 to which Agreement is hereby referred to and made a part hereof as fully and tot same extent as if copied at length herein consisting of. Fire Station No. 1, 1730 Old Settlers Blvd., Round Rock, Texas 78664 13,951 square feet, Four Bay Fire Station NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work,labor,equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 Bond no. TXC616640 PAYMENT BOND(continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Prin ipal and Surety have signed and sealed this Instrument this _day of , 202�3. John King Construction,Ltd. Merchants Bonding Company"iv1utua1) Principal Surety Kaw Scott D. Chapman Printed Name Printed Name By: � 6. By: ',�& Q. Title: Aj�j V Title: Attorney-in- act Address: O'ZI b Address: 6700 Westown Parkway West Des Moines, Iowa 50266 Resident Agent of Surety: lgnature Scott D. Chapman - 837728 Printed Name 480 Wildwood Forest Drive, Ste. 760 Street Address Spring, Texas 77380 City, State&Zip Code Page 2 00620 1-2020 Payment Bond 00090656 M E RC RAN T-Nk BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Cheryl R Colson;Courtney Goulding;Elaine Lewis;Jennifer Upton;Kevin McQuain;Malia E Mann;Misty Witt;Rita Nicholson;Rosalyn D Hassell; Sam Caringi;Scott D Chapman;Tristin Rosen their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 14th day of December 2022 ........... .••.... MERCHANTS BONDING COMPANY(MUTUAL) P(1U.IVq� •����\NG CQ,�A• MERCHANTS NATIONAL BONDING,INC. �oRPUR4% yO�oPPOg9�gy�• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v: 2003 �; :y 1933 �; By �•1k •.......•,, •.6'�W•••,•.'.. `fid•. President STATE OF IOWA �7 �,.• •. •. COUNTY OF DALLAS ss. ..... On this 14th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Commission Number 702737 1 My Commission Expires 461 14,2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of ,.......1., 0........ TO 0,9 2003 1933 c: Secretary POA 0018 (10/22) """ MERCHANTS BONDING COMPANY,, MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 , DES MOINES, IOWA 50306-3498 • (800)678-8171 , (515)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company(Mutual)/ Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX(2/15) ACC)OR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/21/2023 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 have ADDITIONAL INSURED provisions or 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: Shelli Hacker Brown& Brown of Austin PHONE FAX 8000 Centre Park Dr., Suite 370 ,512-540-5307 'JC.No):512-346-1736 Austin TX 78754 ADDRESS: sheiii.hacker@bbrown.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:FCCIInsurance Company 10178 INSURED JOHNK-2 INSURER B:National Trust Ins Company 20141 John King Construction Ltd 559 S IH 35, Ste 210 INSURER C: Round Rock TX 78664 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1066190962 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. INSRPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE IVSD WVD SUER POLICY NUMBER MM/DD//YYYY) (MWDD/YYYYI LIMITS B X COMMERCIALGENERALLIABILITY CP100073516-01 10/22/2022 10/22/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JET LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA100073515-01 10/22/2022 10/22/2023 COMBINED SINGLE LIMIT $1.000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR UMB100073517-01 10/22/2022 10/22/2023 EACH OCCURRENCE _$5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$in nnn $ A WORKERS COMPENSATIONPER WC0100073518-01 10/22/2022 10/22/2023 X - OTH AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The requested certificate has been issued in accordance with Texas Law.Some policies include blanket endorsements that provide status to the certificate holder ONLY when there is a written contract between the named insured and the certificate holder requiring the status. INTERLINE ENDORSEMENTS—Applicable to General Liability,Auto Liability,Umbrella Liability,Workers Compensation IL 060(07 13)Blanket Notification to Others of Cancellation 30-Day Notice of Cancellation,blanket,where required by written contract GENERAL LIABILITY See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 E Main St AUTHORIZED REPRESENTATIVE Round Rock, TX 78644 JAAO�W ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: JOHNK-2 LOC#: A`oRo® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Brown&Brown of Austin John King Construction Ltd 559 S IH 35,Ste 210 POLICY NUMBER Round Rock TX 78664 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CGL 088(01 15)First Choice Contractors Liability Endorsement Additional Insured Status,blanket,where required by written contract Waiver of Subrogation Provision,blanket,where required by written contract CGL 121 (04 13)Additional Insured—Owners,Lessees or Contractors—Automatic Status When Required in Contract or Agreement—Ongoing Operations and Products-Completed Operations(Texas Limited Sole Negligence) Additional Insured Status,blanket,where required by written contract Primary&Non-Contributory Status,blanket,where required by written contract CG 20 01 04 13 Primary and Noncontributory—Other Insurance Condition Primary&Non-Contributory Status,blanket,where required by written contract AUTO LIABILITY CAU 058 05-19 Auto First Choice Coverage Endorsement CAU 082 01-15 Automatic Insured Primary Non-Contributory Endorsement UMBRELLA LIABILITY CU 00 01 04-13 Commercial Liability Umbrella Coverage Form Section II—Who is an Insured, Paragraph#3 Additional Insured Status,blanket,where required by written contract CU 22 82 06-04 Texas Waiver of Transfer of Rights of Recovery Against Others to Us Waiver of Subrogation Provision,blanket,where required by written contract UMB 179(07 09)Additional Insured Primary/Non Contributory Coverage Primary&Non-Contributory Status,blanket,where required by written contract WORKERS COMPENSATION WC 42 03 04 B 06-14 Texas Waiver of Our Rights to Recover from Others Endorsement Waiver of Subrogation Provision,blanket,where required by written contract ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIONS.................................................................................................................................................2 2. PRELIMINARY MATTERS.............................................................................................................................5 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE........................................................................7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS..........................................................................................................8 5. BONDS AND INSURANCE............................................................................................................................10 6. CONTRACTOR'S RESPONSIBILITIES.........................................................................................................16 7. OTHER WORK..............................................................................................................................................24 8. OWNER'S RESPONSIBILITIES....................................................................................................................25 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION...............................................................26 10. CHANGES IN THE WORK............................................................................................................................27 11. CHANGE OF CONTRACT AMOUNT............................................................................................................28 12. CHANGE OF CONTRACT TIMES.................................................................................................................31 13. TESTS AND INSPECTIONS;AND CORRECTION OR REMOVAL OF DEFECTIVE WORK........................................................................................................32 14. PAYMENTS TO CONTRACTOR AND COMPLETION .................................................................................35 15. SUSPENSION OF WORK AND TERMINATION...........................................................................................39 16. DISPUTE RESOLUTION...............................................................................................................................41 17 RIGHT TO AUDIT..........................................................................................................................................42 18. MISCELLANEOUS.........................................................................................................................................43 00700 04-2020 Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents,the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement-Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders, the bid form,the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect"and"Engineer" used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal -The terms"equal"or"approved equal"shall have the same meaning. 1.18 Execution Date- Date of last signature of the parties to the Agreement. 1.19 Field Order-A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock, Texas, a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29 Prosect -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative -The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards,workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven(7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10)Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electronic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit, and shall except, Project-related correspondence,texts, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format,either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifications to the Contract Documents made after the Execution Date Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04-2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines"means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area.The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04-2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER,AND ITS COUNCIL MEMBERS, EMPLOYEES, AGENTS, AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5 -BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers' Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven(7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1)year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense,to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 00700 04-2020 Page 13 General Conditions .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers'Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation, form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C & U) coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten (10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Performance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 04-2020 Page 15 General Conditions ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No"approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal"or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal"or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten (10) Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and save the OWNER harmless from any and all claims, costs, losses, expenses and damages(including but not limited to attorney's fees and consultant fees),direct or indirect, arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense, with counsel of its own choosing, to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321, Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings, Specifications,Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who maybe affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work is acceptable(except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. At a minimum, the safety representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety representative has received such training within the last five (5) years shall be provided to the OWNER's representative. 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency,a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as necessary to remedy the emergency condition,and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through 00700 04-2020 Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records, within forty-eight(48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; .2 recommendation of any progress or final payment by Owner's Representative; .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER; .5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE,CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS, AND CONSULTANTS INCLUDING, BUT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY, THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents,will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from 00700 04-2020 Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement, paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7 -OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages,delays,disrupts or interferes with the work of any other contractor,or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law,and(2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points),Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9 -ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 04-2020 Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10-CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at anytime or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR's opinion, will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 04-2020 Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate, to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount. .3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work, which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR,with one(1) copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 00700 04-2020 Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%) or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12 -CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers, for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: 00700 04-2020 Page 31 General Conditions Under a Calendar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January.......................... 7 days February........................ 7 days March............................. 7 days April............................... 7 days May................................ 8 days June................................ 6 days July................................. 6 days August........................... 5 days September..................... 7 days October.......................... 7 days November..................... 7 days December...................... 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13 -TESTS AND INSPECTIONS: AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated, or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate means or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER,filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contract Documents. 14.1.5 Where the original Contract Amount is less than $400,000, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent(10%)of the amount thereof, which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent(5%) of the amount thereof,which five percent(5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04-2020 Page 35 General Conditions 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not,will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules,that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as maybe necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER does not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty (30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 04-2020 Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit(After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7) calendar days'Written Notice to the CONTRACTOR, the OWNER may, without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 04-2020 Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days' Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three(3)years. 00700 04-2020 Page 40 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven (7)calendar days'Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty (30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 -DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4, or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30) calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 04-2020 Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1) conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17—RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example,the CONTRACTOR's employees, agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to the OWNER's representatives, employees or their relatives. 17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18—MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 00700 04-2020 Page 43 General Conditions 18.4 Severability: If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect (E/A): Add the following: Name (Representative): Patna.Hunt Firm: McKinneyVork Architects Address. 1301 E.71h St City, State, Zip: Austin,TX79702 Telephone: 512-952-0293 Facsimile: Email: Phunt@mckinneyyork.com 1.27 Owner's Representative: Add the following: Name: Matthew Smith Title: Project Manager Address: 212 Commerce 9Nd City, State, Zip: Round Rock,TX78664 Telephone. 512-639-7433 Facsimile: Email: msmith@mundmcktexas.gov ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF One Thousand AND NO/100 DOLLARS $100000 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than two (2) (original signed) sets. The OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water.The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring,storing, transporting and using water during construction.The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste.The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the CONTRACTOR's responsibility to make arrangements with the owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case,the CONTRACTOR will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The CONTRACTOR will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 00900-4-2020 Page 1 Special Conditions 00443643 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a)does not apply to maintenance work. C. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State,a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body,or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. C. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051.Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract,and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) htti)://www.wdol.jzov/wdol/scafiles/davisbacon/TX33.dvb?v=O Construction Types: Heavy and Highway http://www.wdol.jzov/wdol/scafiles/davisbacon/TX16.dvb?v=O Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=l 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract,the OWNER reserves the right to omit any work from this contract.Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications.All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the E/A. 00900-4-2020 Page 3 Special Conditions 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right-of-way for access to same and such other lands that are designated for the use of the CONTRACTOR.CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations,temporary construction facilities, or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to:paint, flagging,laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles,for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 00900-4-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department,E.M.S.,Public Works,etc.),residents,and affected parties.If emergency access is required during the work and such access is being hindered by the work,the CONTRACTOR will suspend the work if necessary,and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work.Unless otherwise approved by the E/A, at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 00900-4-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET,WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications"section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address:www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations,shall be immediately removed. Page 1 01000-4-2020 Technical Specifications 00443645 2.01.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the E/A may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the E/A's satisfaction. 2.02 GRADING The CONTRACTOR shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the E/A. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The E/A and the OWNER must be notified a minimum of 24-hours in advance of beginning construction,testing,or requiring presence of the E/A,Owner's or Owner's Representative. 3.03 CONSTRUCTION STAKING The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in the E/A's opinion, provide sufficient information for the CONTRACTOR to perform construction staking. 3.04 PROTECTION OF STAKES,MARKS,ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the CONTRACTOR, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 01000-4-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES,PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item.Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection,reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock,trees,brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 01000-4-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper"or"equal to"are used,they shall be understood to mean that the item referred to shall be "proper",the "equivalent" of, or "equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material,article or process. Page 4 01000-4-2020 Technical Specifications 00443645 COMcheck Software Version COMcheckWeb Envelope Compliance Certificate Project Information �P�E.OF TF Energy Code: 2015 IECC . ...... Project Title: CORR Fire Station 1 SUJAYA REGMI Location: Round Rock,Texas 103727 Climate Zone: 2a �,�'••,/ pp,�� Project Type: New Construction y Construction Site: Owner/Agent: Designer/Contractor: Additional Efficiency Package(s) Credits: 1.0 Required 1.0 Proposed Reduced Lighting Power, 1.0 credit Building Area Floor Area 1-Fire Station : Nonresidential 13212 Envelope Assemblies (a) Budget U-factors are used for software baseline calculations ONLY, and are not code requirements. :Envelope TBD: All building area types must be assigned to at least one envelope assembly Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 1 of 20 COMcheck Software Version COMcheckWeb Interior Lighting Compliance Certificate Project Information Energy Code: 2015 IECC Project Title: CORR Fire Station 1 Project Type: New Construction Construction Site: Owner/Agent: Designer/Contractor: Additional Efficiency Package(s) Credits: 1.0 Required 1.0 Proposed Reduced Lighting Power, 1.0 credit Allowed Interior Lighting Power A B C D Area Category Floor Area Allowed Allowed (ft2) Watts /ft2 Watts 1-Fire Station 13212 0.60 7967 Total Allowed Watts= 7967 Proposed Interior Lighting Power A B C D E Fixture ID : Description / Lamp /Wattage Per Lamp / Ballast Lamps/ # of Fixture (C X D) Fixture Fixture Watt. 1-Fire Station LED: U4: Other: 1 20 122 2440 LED: 131: Other: 1 11 8 87 LED: M1: Other: 1 36 27 976 LED: A2: Other: 1 9 34 307 LED: N1: Other: 1 4 3 12 LED: Ll: Other: 1 16 20 315 LED: G3: Other: 1 6 32 193 LED: F5: Other: 1 40 14 568 LED: G2: Other: 1 48 40 1896 LED: M2: Other: 1 4 38 154 LED: Cl: Other: 1 2 34 67 LED: Kl: Other: 1 4 20 79 LED: F2F: Other: 1 24 7 170 LED: 1-14: Other: 1 24 4 91 LED: 1-4: Other: 1 6 47 284 LED: N: Other: 1 6 4 23 LED: M1F: Other: 1 2 27 54 Total Proposed Watts= 7715 Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 2 of 20 Interior Lighting PASSES: Design 3%better than . . Interior Lighting Compliance Statement Compliance Statement: The proposed interior lighting design represented in this document is consistent with the building plans, specifications, and other calculations submitted with this permit application.The proposed interior lighting systems have been designed to meet the 2015 IECC requirements in COMcheck Version COMcheckWeb and to comply with any applicable mandatory requirements listed in the Inspection Checklist. Sujay Regmi, P.E. A41A� 09/22/2022 Name-Title Signature Date Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 3 of 20 COMcheck Software Version COMcheckWeb Exterior Lighting Compliance Certificate Project Information Energy Code: 2015 IECC Project Title: CORR Fire Station 1 Project Type: New Construction Exterior Lighting Zone 3 (Other(LZ3)) Construction Site: Owner/Agent: Designer/Contractor: Allowed Exterior Lighting Power A B C D E Area/Surface Category Quantity Allowed Tradable Allowed Watts Watts / Wattage (B X C) Parking area 29433 ft2 0.1 Yes 2943 Walkway>= 10 feet wide 22678 ft2 0.16 Yes 3628 Special feature area 1503 ft2 0.16 Yes 240 Total Tradable Watts(a)= 6812 Total Allowed Watts= 6812 Total Allowed Supplemental Watts(b)= 750 (a)Wattage tradeoffs are only allowed between tradable areas/surfaces. (b)A supplemental allowance equal to 750 watts may be applied toward compliance of both non-tradable and tradable areas/surfaces. Proposed Exterior Lighting Power A B C D E Fixture ID : Description / Lamp /Wattage Per Lamp / Ballast Lamps/ # of Fixture (C X D) Fixture Fixture Watt. Parking area (29433 ft2): Tradable Wattag_Q LED: S1: Other: 1 6 163 978 LED: S2: Other: 1 1 163 163 LED: Z: Other: 1 2 11 22 Walkway >= 10 feet wide (22678 ft2): Tradable Wattage LED: N2: Other: 1 19 53 1007 LED: N3: Other: 1 5 12 58 LED:T6: Other: 1 1 20 20 Special feature area (1503 ft2): Tradable Wattage LED: S3: Other: 1 4 57 228 LED: S4: Other: 1 2 13 26 Total Tradable Proposed Watts= 2502 Exterior Lighting PASSES: . - . . Exterior Lighting Compliance Statement Compliance Statement: The proposed exterior lighting design represented in this document is consistent with the building plans, specifications, and other calculations submitted with this permit application.The proposed exterior lighting systems have been designed to meet the 2015 IECC requirements in COMcheck Version COMcheckWeb and to comply with any applicable mandatory requirements listed in the Inspection Checklist. Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 4 of 20 Sujay Regmi, P.E. AA" MI 4""" 09/22/2022 Name-Title Signature Date Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 5 of 20 COMcheck Software Version COMcheckWeb Inspection Checklist Energy Code: 2015 IECC Requirements: 0.0% were addressed directly in the COMcheck software Text in the "Comments/Assumptions" column is provided by the user in the COMcheck Requirements screen. For each requirement, the user certifies that a code requirement will be met and how that is documented, or that an exception is being claimed. Where compliance is itemized in a separate table, a reference to that table is provided. Section # Plan Review Complies? Comments/Assumptions & Re .ID C103.2 Plans, specifications, and/or ❑Complies [PR2]1 calculations provide all information ❑Does Not with which compliance can be determined for the mechanical ❑Not Observable systems and equipment and ❑Not Applicable document where exceptions to the standard are claimed. Load calculations per acceptable engineering standards and handbooks. C103.2 Plans, specifications, and/or ❑Complies [PR3]1 calculations provide all information ❑Does Not with which compliance can be determined for the service water ❑Not Observable heating systems and equipment and ❑Not Applicable document where exceptions to the standard are claimed. Hot water system sized per manufacturer's sizing guide. C103.2 Plans, specifications, and/or ❑Complies [PR4]1 calculations provide all information ❑Does Not with which compliance can be determined for the interior lighting ❑Not Observable and electrical systems and equipment ❑Not Applicable and document where exceptions to the standard are claimed. Information provided should include interior lighting power calculations, wattage of bulbs and ballasts,transformers and control devices. C103.2 Plans, specifications, and/or ❑Complies [PR8]1 calculations provide all information []Does Not with which compliance can be determined for the exterior lighting ❑Not Observable and electrical systems and equipment ❑Not Applicable and document where exceptions to the standard are claimed. Information provided should include exterior lighting power calculations, wattage of bulbs and ballasts, transformers and control devices. C406 Plans, specifications, and/or ❑Complies [PR9]1 calculations provide all information ❑Does Not with which compliance can be determined for the additional energy ❑Not Observable efficiency package options. ❑Not Applicable Additional Comments/Assumptions: 11 High Impact(Tier 1) 12 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 8 of 20 Section # Footing/Foundation Inspection Complies? Comments/Assumptions & Re .ID C403.2.4. Snow/ice melting system sensors for ❑Complies 5, future connection to controls. Freeze ❑Does Not C403.2.4. protection systems have automatic 6 controls installed. ❑Not Observable [FO9]3 ❑Not Applicable Additional Comments/Assumptions: 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 9 of 20 Section # Plumbing Rough-In Inspection Complies? Comments/Assumptions & Re .ID C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. ❑Not Observable [PL6]3 []Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. [PL6]3 ❑Not Observable ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. ❑Not Observable [PL6]3 ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. [PL6]3 ❑Not Observable ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. [PL6]3 ❑Not Observable ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. [PL6]3 ❑Not Observable ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. [PL6]3 ❑Not Observable ❑Not Applicable C404.6.1, Automatic time switches installed to ❑Complies C404.6.2 automatically switch off the ❑Does Not [PL3]1 recirculating hot-water system or heat ❑ .trace. Not Observable ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 10 of 20 Section # Plumbing Rough-In Inspection Complies? Comments/Assumptions & Re .ID C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source through a cold-water supply pipe is a ❑Not Observable demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source through a cold-water supply pipe is a ❑Not Observable demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source [:]Not Observable through a cold-water supply pipe is a demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104'F. 1 lHigh Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 11 of 20 Section # Plumbing Rough-in Inspection Complies? Comments/Assumptions & Re .ID C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source [:]Not Observable through a cold-water supply pipe is a demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104'F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source through a cold-water supply pipe is a ❑Not Observable demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source ❑Not Observable through a cold-water supply pipe is a demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source through a cold-water supply pipe is a ❑Not Observable demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. Additional Comments/Assumptions: 11 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 12 of 20 Section # Mechanical Rough-In Inspection Complies? Comments/Assumptions & Re .ID C402.2.6 Thermally ineffective panel surfaces of ❑Complies [ME41]3 sensible heating panels have ❑Does Not insulation >= R-3.5. ❑Not Observable ❑Not Applicable C403.2.13 Unenclosed spaces that are heated ❑Complies [ME71]2 use only radiant heat. ❑Does Not ❑Not Observable ❑Not Applicable C403.2.3 HVAC equipment efficiency verified. ❑Complies See the Mechanical Systems list for values. [ME55]2 ❑Does Not ❑Not Observable ❑Not Applicable C403.2.4. Fault detection and diagnostics ❑Complies 7 installed with air-cooled unitary DX ❑Does Not [ME113]2 units having economizers. ❑Not Observable ❑Not Applicable C403.2.6. Demand control ventilation provided ❑Complies 1 for spaces >500 ft2 and >25 ❑Does Not [ME59]1 people/1000 ft2 occupant density and served by systems with air side ❑Not Observable economizer, auto modulating outside ❑Not Applicable air damper control, or design airflow >3,000 cfm. C403.2.6. Enclosed parking garage ventilation ❑Complies 2 has automatic contaminant detection ❑Does Not [ME115]3 and capacity to stage or modulate fans to 50%or less of design capacity. ❑Not Observable ❑Not Applicable C403.2.7 Exhaust air energy recovery on ❑Complies [ME57]1 systems meeting Table C403.2.7(1) ❑Does Not and C403.2.7(2). ❑Not Observable ❑Not Applicable C403.2.8 Kitchen exhaust systems comply with ❑Complies [ME116]3 replacement air and conditioned ❑Does Not supply air limitations, and satisfy hood rating requirements and maximum ❑Not Observable exhaust rate criteria. ❑Not Applicable C403,2.9 HVAC ducts and plenums insulated. ❑Complies [ME60]2 Where ducts or plenums are installed ❑Does Not in or under a slab, verification may need to occur during Foundation ❑Not Observable Inspection. ❑Not Applicable C403.2.9 Ducts and plenums sealed based on ❑Complies [ME10]2 static pressure and location. ❑Does Not ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in.water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in. water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 13 of 20 Section # Mechanical Rough-In Inspection Complies? Comments/Assumptions & Reg.ID C403.2.9. Ductwork operating >3 in.water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in. water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in.water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME 11]3 ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in.water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable C403.3 Air economizers provided where ❑Complies [ME62]1 required, meet the requirements for ❑Does Not design capacity, control signal, ventilation controls, high-limit shut-off, ❑Not Observable integrated economizer control,and ❑Not Applicable provide a means to relieve excess outside air during operation. C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C403,4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 1 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 14 of 20 Section # Mechanical Rough-In Inspection Complies? Comments/Assumptions & Recl.ID C404.2.1 Gas-fired water-heating equipment ❑Complies [ME111]2 installed in new buildings: where a ❑Does Not singular piece of water-heating equipment>= 1,000 kBtu/h serves ❑Not Observable the entire building,thermal efficiency ❑Not Applicable >= 90 Et.Where multiple pieces of water-heating equipment serve the building with combined rating >_ 1,000 kBtu/h,the combined input- capacity-weighted-average thermal efficiency>=90 Et. Exclude input rating of equipment in individual dwelling units and equipment<= 100 kBtu/h. C408.2.2. Air outlets and zone terminal devices ❑Complies 1 have means for air balancing. ❑Does Not [ME53]3 ❑Not Observable ❑Not Applicable C403.5, Refrigerated display cases, walk-in ❑Complies C403.5.1, coolers or walk-in freezers served by ❑Does Not C403.5.2 remote compressors and remote [ME123]3 condensers not located in a ❑Not Observable condensing unit, have fan-powered ❑Not Applicable condensers that comply with Sections C403.5.1 and refrigeration compressor systems that comply with C403.5.2.. Additional Comments/Assumptions: 111 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 15 of 20 Section il # Rough-In Electrical Inspection Complies? Comments/Assumptions & Re .ID C405.2.1 Lighting controls installed to uniformly ❑Complies [EL15]1 reduce the lighting load by at least ❑Does Not 50%. ❑Not Observable ❑Not Applicable C405.2.1 Occupancy sensors installed in ❑Complies [EL18]1 required spaces. ❑Does Not ❑Not Observable ❑Not Applicable C405.2.1, Independent lighting controls installed ❑Complies C405.2.2. per approved lighting plans and all ❑Does Not 3 manual controls readily accessible and [EL23]2 visible to occupants. ❑Not Observable ❑Not Applicable C405.2.2. Automatic controls to shut off all ❑Complies 1 building lighting installed in all ❑Does Not [EL22]2 buildings. ❑Not Observable ❑Not Applicable C405.2.3 Daylight zones provided with ❑Complies [EL16]2 individual controls that control the ❑Does Not lights independent of general area lighting. ❑Not Observable ❑Not Applicable C405.2.3, Primary sidelighted areas are ❑Complies C405.2.3. equipped with required lighting ❑Does Not 1, controls. [-]NotC405.2.3. Not Observable 2 ❑Not Applicable [EL20]1 C405.2.3, Enclosed spaces with daylight area ❑Complies C405.2.3. under skylights and rooftop monitors ❑Does Not 1, are equipped with required lighting C405.2.3. controls. ❑Not Observable 3 ❑Not Applicable [EL21]1 C405.2.4 Separate lighting control devices for ❑Complies [EL4]1 specific uses installed per approved ❑Does Not lighting plans. ❑Not Observable ❑Not Applicable C405.2.4 Additional interior lighting power ❑Complies [EL8]1 allowed for special functions per the ❑Does Not approved lighting plans and is automatically controlled and ❑Not Observable separated from general lighting. ❑Not Applicable C405.2.5 Automatic lighting controls for exterior ❑Complies [EL25]na0 lighting installed.Controls will be ❑Does Not daylight controlled, set based on business operation time-of-day, or ❑Not Observable reduce connected lighting > 30%. ❑Not Applicable C405.3 Exit signs do not exceed 5 watts per ❑Complies [EL6]1 face. ❑Does Not ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 111 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 16 of 20 Section # Final Inspection Complies? Comments/Assumptions & Req.ID C303.3, Furnished O&M instructions for ❑Complies C408.2.5. systems and equipment to the []Does Not 2 building owner or designated [F117]3 representative. ❑Not Observable ❑Not Applicable C303.3, Furnished O&M manuals for HVAC ❑Complies C408.2.5. systems within 90 days of system ❑Does Not 3 acceptance. [F18]3 ❑Not Observable ❑Not Applicable C403.2.2 HVAC systems and equipment ❑Complies [F127]3 capacity does not exceed calculated ❑Does Not loads. ❑Not Observable []Not Applicable C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device ❑Not Observable per installed humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device ❑Not Observable per installed humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device ❑Not Observable per installed humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F]47]3 Minimum one humidity control device ❑Not Observable per installed humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device ❑Not Observable per installed humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device ❑Not Observable per installed humidification/dehumidification ❑Not Applicable system. C403.2.4. Heat pump controls prevent ❑Complies 1.1 supplemental electric resistance heat ❑Does Not [F142]3 from coming on when not needed. ❑Not Observable ❑Not Applicable C403.2.4. Heat pump controls prevent ❑Complies 1.1 supplemental electric resistance heat ❑Does Not [F142]3 from coming on when not needed. ❑Not Observable ❑Not Applicable 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 17 of 20 Section # Final Inspection Complies? Comments/Assumptions & Re .ID C403.2.4. Thermostatic controls have a 5 °F ❑Complies 1.2 deadband. ❑Does Not [F13 8]3 ❑Not Observable ❑Not Applicable C403.2.4. Temperature controls have setpoint ❑Complies 1.3 overlap restrictions. ❑Does Not [Fl20]3 ❑Not Observable ❑Not Applicable C403.2.4. Each zone equipped with setback ❑Complies 2 controls using automatic time clock or ❑Does Not [F139]3 programmable control system. ❑Not Observable ❑Not Applicable C403.2.4. Automatic Controls: Setback to 55°F ❑Complies 2.1, (heat) and 85°F (cool); 7-day clock, 2- ❑Does Not C403.2.4. hour occupant override, 10-hour ❑ 2.2 backup Not Observable [F140]3 ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2,3 controls. ❑Does Not [F141]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start []Complies 2.3 controls. ❑Does Not [F]41]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. ❑Does Not [F141]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. ❑Does Not [FI41]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. ❑Does Not [FI41]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. []Does Not [F141]3 ❑Not Observable ❑Not Applicable C404.3 Heat traps installed on supply and ❑Complies [FI11]3 discharge piping of non-circulating ❑Does Not systems. ❑Not Observable ❑Not Applicable C404.4 All piping insulated in accordance with ❑Complies [F125]2 section details and Table C403.2.10. ❑Does Not ❑Not Observable ❑Not Applicable 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 18 of 20 Section # Final Inspection Complies? Comments/Assumptions & Re .ID C404.6.1 Controls are installed that limit the ❑Complies [F112]3 operation of a recirculation pump ❑Does Not installed to maintain temperature of a storage tank. System return pipe is a ❑Not Observable dedicated return pipe or a cold water ❑Not Applicable supply pipe. C405.4.1 Interior installed lamp and fixture ❑Complies See the Interior Lighting fixture schedule for values. [FI18]1 lighting power is consistent with what ❑Does Not is shown on the approved lighting plans, demonstrating proposed watts ❑Not Observable are less than or equal to allowed ❑Not Applicable watts. C405.5.1 Exterior lighting power is consistent ❑Complies See the Exterior Lighting fixture schedule for values. [FI19]1 with what is shown on the approved ❑Does Not lighting plans, demonstrating proposed watts are less than or equal ❑Not Observable to allowed watts. ❑Not Applicable C408.2.1 Commissioning plan developed by ❑Complies [F128]1 registered design professional or []Does Not approved agency. ❑Not Observable ❑Not Applicable C408.2.3. HVAC equipment has been tested to ❑Complies 1 ensure proper operation. ❑Does Not [17I31]1 ❑Not Observable ❑Not Applicable C408.2.3. HVAC control systems have been ❑Complies 2 tested to ensure proper operation, ❑Does Not [FI10]1 calibration and adjustment of controls. ❑Not Observable ❑Not Applicable C408.2.3. Economizers have been tested to ❑Complies 3 ensure proper operation. ❑Does Not [FI32]1 ❑Not Observable ❑Not Applicable C408.2.4 Preliminary commissioning report ❑Complies [F129]1 completed and certified by registered ❑Does Not design professional or approved ❑ agency. Not Observable ❑Not Applicable C408.2.5. Furnished HVAC as-built drawings ❑Complies 1 submitted within 90 days of system ❑Does Not [F17]3 acceptance. ❑Not Observable ❑Not Applicable C408.2.5. Furnished as-built drawings for ❑Complies 1 electric power systems within 90 days ❑Does Not [F116]3 of system acceptance. ❑Not Observable ❑Not Applicable C408.2.5. An air and/or hydronic system ❑Complies 3 balancing report is provided for HVAC ❑Does Not [F[43]1 systems. ❑Not Observable ❑Not Applicable C408.2.5. Final commissioning report due to ❑Complies 4 building owner within 90 days of ❑Does Not [F130]1 receipt of certificate of occupancy. ❑Not Observable ❑Not Applicable 1 I High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 19 of 20 Section # Final Inspection Complies? Comments/Assumptions & Re .ID C408.3 Lighting systems have been tested to ❑Complies [F133)I ensure proper calibration, adjustment, ❑Does Not programming, and operation. ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2)---F3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/22/22 Data filename: Page 20 of 20 COMcheck Software Version COMcheckWeb Envelope Compliance Certificate Project Information �"'eaEB qRc Energy Code: 2015 IECC `g ESA Project Title: CORR FS1 W � 9 n Location: Round Rock,Texas Climate Zone: 2a Project Type: New Construction �q 1782N Vertical Glazing/Wall Area: 9% TF OF A 09/22/22 Construction Site: Owner/Agent: Designer/Contractor: Additional Efficiency Package(s) Credits: 1.0 Required 1.0 Proposed Reduced Lighting Power, 1.0 credit Building Area Floor Area 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, 13949 Offices, Apparatus Bay(Fire Station) : Nonresidential Envelope Assemblies Assembly Gross Area Cavity Cont. Proposed Budget U- or R-Value R-Value U-Factor Factor(,) Perimeter R-1: Metal Building, Standing Seam, Single Insulation Layer 13949 00 25.0 0.039 0.035 with Thermal Blocks(c), 3-Year-Aged Solar Reflectance Index = 77.00 (d), [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] NORTH EW-1A: Steel-Framed, 16in. o.c., [Bldg. Use 1 -Staff Dorm 180 22 2 7.0 0 059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-1B: Steel-Framed, 16in. o.c., [Bldg. Use 1 -Staff Dorm 574 22.2 7.7 0.057 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W1: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 4 --- --- 0.330 0.500 00411-00002, SHGC 0.33, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) Wl: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 4 — --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) Wl: Metal Frame: Fixed, Pert.Specs.: Product ID WEA-N-328- 4 -- - 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W1: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 4 --- --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] (b) W2: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 8 - 0.330 0.500 Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 1 of 15 Assembly Gross Area Cavity Cont. Proposed Budget U- or R-Value R-Value U-Factor Factor(a) Perimeter 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room,Offices, Apparatus Bay] (b) EW-2A: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 27 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-2B: Steel-Framed, 16in. o.c., [Bldg. Use 1 -Staff Dorm 200 22.2 7.7 0.057 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W2: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 2 - -- 0.330 0.500 00411-00002, SHGC 0.33, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-3: Concrete Block, 8in., Partially Grouted, Cells Empty, 80 --- 5.8 0.117 0.151 Light Density, Furring: None, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] DOOR-1498: Uninsulated Double-Layer Metal, Non-Swinging, 32 - --- 1.450 0.179 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] EW-4: Concrete Block, 8in., Partially Grouted, Cells Empty, 288 ___ 5.8 0.117 0.151 Light Density, Furring: None, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 149B: Uninsulated Double-Layer Metal, Non-Swinging, 32 - --- 1.450 0.179 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-6: Concrete Block, 12in., Partially Grouted, Cells Empty, 1604 - 5.8 0.113 0.151 Light Density, Furring: None, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143E: Uninsulated Double-Layer Metal, Swinging, 196 - --- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143F: Uninsulated Double-Layer Metal, Swinging, 196 - --- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] DOOR- 143G: Uninsulated Double-Layer Metal, Swinging, 196 -- --- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143H: Uninsulated Double-Layer Metal, Swinging, 196 - --- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] ST-3: Metal Frame with Thermal Break: Fixed, Perf. Specs.: 49 - - 0.436 0.500 Product ID FA-KAW-59508, SHGC 0.35, PF 0.83, [Bldg. Use 1- Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) ST3 (DOOR): Metal Frame with Thermal Break: Operable, Pert. 21 - - 0.436 0.650 Specs.: Product ID FA-KAW-59508, SHGC 0.35, PF 0.83, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] (b) EW-7: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 563 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W8: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 57 -- --- 0.330 0.500 00411-00002, SHGC 0.33, PF 0.77, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W9: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 60 - --- 0.330 0.500 00411-00002, SHGC 0.33, PF 0.77, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W9: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 60 - - 0.330 0.500 00411-00002, SHGC 0.33, PF 0.77, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W8: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 57 - --- 0.330 0.500 00411-00002, SHGC 0.33, PF 0.77, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 2 of 15 Assembly Gross Area Cavity Cont. Proposed Budget U- or R-Value R-Value U-Factor Factor).) Perimeter Apparatus Bay](b) W3: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 39 --- --- 0.330 0.500 00411-00002, SHGC 0.33, PF 1.30, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room,Offices, Apparatus Bay] (b) EAST EW-1A: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 187 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-1B: Steel-Framed, 16in. o.c., [Bldg. Use 1 -Staff Dorm 292 22.2 7.7 0.057 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W1: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 4 -- - 0.330 0.500 00507-00002, SHGC 0.23, PF 0.48, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-2A: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 72 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W5: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 12 -- --- 0.330 0.500 00411-00002, SHGC 0.33, PF 1.00, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-2B: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 91 22.2 7.7 0.057 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-3: Concrete Block, 8in., Partially Grouted, Cells Empty, 642 - 5.8 0.117 0.151 Light Density, Furring: None, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143]: Uninsulated Single-Layer Metal, Swinging, [Bldg. 24 - --- 0.700 0.610 Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 151B: Uninsulated Single-Layer Metal, Non-Swinging, 35 --- --- 1.450 0.179 [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] EW-4: Concrete Block, 8in., Partially Grouted, Cells Empty, 1140 -- 5.8 0.117 0.151 Light Density, Furring: None, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 151B: Uninsulated Single-Layer Metal, Non-Swinging, 30 - --- 1.450 0.179 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W6: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 7 - --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W6: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 7 -- --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W6: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 7 - --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-8: Concrete Block, 8in., Partially Grouted, Cells Empty, 27 - 5.8 0.117 0.151 Light Density, Furring: None, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] SOUTH EW-1A: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 283 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W4: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 19 - --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 3 of 15 Assembly Gross Area Cavity Cont. Proposed Budget Ul- or R-Value R-Value UI-Factor Factor(a) Perimeter EW-1B: Steel-Framed, 16in, o.c., [Bldg. Use 1 -Staff Dorm 428 22.2 7.7 0.057 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-2A: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 158 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W4: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 26 - 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-2B: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 523 22.2 7.7 0.057 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] ST-1: Metal Frame with Thermal Break: Fixed, Pert. Specs.: 22 --- --- 0.436 0.500 Product ID FA-KAW-59508, SHGC 0.35, PF 1.10, [Bldg. Use 1- Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) STI (DOOR): Metal Frame with Thermal Break: Fixed, Pert. 49 -- --- 0.695 0.500 Specs.: Product ID FA-KAW-25854, SHGC 0.19, PF 1.10, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-3: Concrete Block, 8in., Partially Grouted, Cells Empty, 93 -- 5.8 0.117 0.151 Light Density, Furring: None, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-4: Concrete Block, Sin., Partially Grouted, Cells Empty, 209 - 5.8 0.117 0.151 Light Density, Furring: None, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] EW-5: Concrete Block, 12in., Partially Grouted, Cells Empty, 403 - 5.8 0.113 0.151 Light Density, Furring: None, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143A: Uninsulated Double-Layer Metal, Swinging, 69 -- --- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143B: Uninsulated Double-Layer Metal, Swinging, 69 --- --- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143C: Uninsulated Double-Layer Metal, Swinging, 69 --- --- 0.410 0.610 [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] DOOR- 143D: Uninsulated Double-Layer Metal, Swinging, 69 --- --- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-6: Concrete Block, 12in., Partially Grouted, Cells Empty, 1010 - 5.8 0.113 0.151 Light Density, Furring: None, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143A: Uninsulated Double-Layer Metal, Swinging, 128 - --- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143B: Uninsulated Double-Layer Metal, Swinging, 128 - ___ 0.410 0.610 [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room,Offices,Apparatus Bay] DOOR- 143C: Uninsulated Double-Layer Metal, Swinging, 128 __ __- 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] DOOR- 143D: Uninsulated Double-Layer Metal, Swinging, 128 --- - 0.410 0.610 [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] EW-7: Steel-Framed, 16in.o.c., [Bldg. Use 1 -Staff Dorm 574 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W7: Metal Frame: Fixed, Pert.Specs.: Product ID WEA-N-328- 14 0.330 0.500 00411-00002, SHGC 0.33, PF 1.00, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W7: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 14 --- 0.330 0.500 00411-00002, SHGC 0.33, PF 1.00, [Bldg. Use 1-Staff Dorm Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 4 of 15 Assembly Gross Area Cavity Cont. Proposed Budget Ll- or R-Value R-Value U-Factor Factor(.) Perimeter Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W7: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 14 --- --- 0.330 0.500 00411-00002, SHGC 0.33, PF 1.00, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W7: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 14 --- --- 0.330 0.500 00411-00002, SHGC 0.33, PF 1.00, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W3: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 39 --- --- 0.330 0.500 00411-00002, SHGC 0.33, PF 1.30, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W8: Metal Frame: Fixed, Pert.Specs.: Product ID WEA-N-328- 57 _ _ 0.330 0.500 00411-00002, SHGC 0.33, PF 0.77, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W9: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 60 - - 0.330 0.500 00411-00002, SHGC 0.33, PF 0.77, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W9: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 60 - --- 0.330 0.500 00411-00002, SHGC 0.33, PF 0.77, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W8: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 57 - - 0.330 0.500 00411-00002, SHGC 0.33, PF 0.77, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-7: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 201 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W3: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 38 - --- 0.330 0.500 00411-00002, SHGC 0.33, PF 1.30, [Bldg. Use 1 -Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) WEST EW-IA: Steel-Framed, 16in. o.c., [Bldg. Use 1 -Staff Dorm 466 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W1: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 4 -- --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] (b) EW-1B: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 1517 22.2 7.7 0.057 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W1: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 4 -- --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] (b) W1: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 4 -- --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W1: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 4 - -- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room,Offices, Apparatus Bay] (b) W1: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 4 - --- 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W1: Metal Frame: Fixed, Pert. Specs.: Product ID WEA-N-328- 4 - --- 0.330 0.500 Project Title: CORR FSI Report date: 09/22/22 Data filename: Page 5 of 15 Assembly Gross Area Cavity Cont. Proposed Budget Ul- or R-Value R-Value UI-Factor Factor(.) Perimeter 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] (b) ST-2: Metal Frame: Fixed, Perf.Specs.: Product ID FA-KAW- 61 --- 0.436 0.500 59508, SHGC 0.35, PF 1.25, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) W2: Metal Frame: Fixed, Perf.Specs.: Product ID WEA-N-328- 8 --- — 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) ST-2 (DOOR): Metal Frame with Thermal Break: Fixed, Pert. 13 - - 0.695 0.500 Specs.: Product ID FA-KAW-25854, SHGC 0.19, PF 1.25, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-2A: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 143 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room,Offices, Apparatus Bay] EW-2B: Steel-Framed, 16in. o.c., [Bldg. Use 1 -Staff Dorm 307 22.2 7.7 0.057 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W2: Metal Frame: Fixed, Pert.Specs.: Product ID WEA-N-328- 2 --- - 0.330 0.500 00507-00002, SHGC 0.23, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] (b) ST-2: Metal Frame: Fixed, Perf.Specs.: Product ID FA-KAW- 52 — --- 0.436 0.500 59508, SHGC 0.35, PF 1.25, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices,Apparatus Bay] (b) ST-2 (DOOR): Metal Frame with Thermal Break: Fixed, Perf. 11 --- --- 0.695 0.500 Specs.: Product ID FA-KAW-25854, SHGC 0.19, PF 1.25, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) EW-7: Steel-Framed, 16in. o.c., [Bldg. Use 1-Staff Dorm 201 22.2 7.0 0.059 0.077 Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] W3: Metal Frame: Fixed, Perf. Specs.: Product ID WEA-N-328- 39 -- - 0.330 0.500 00411-00002, SHGC 0.33, PF 1.30, [Bldg. Use 1-Staff Dorm Rooms, Kitchen, Lockers, Showers, Day Room, Offices, Apparatus Bay] (b) (a) Budget U-factors are used for software baseline calculations ONLY, and are not code requirements. (b) Fenestration product performance must be certified in accordance with NFRC and requires supporting documentation. (c)Thermal spacer block with minimum R-3.5 must be installed above the purlin/batt, and the roof deck secured to the purlins. (d)High albedo roof requirement options: 1) 3-year aged solar reflectance >= 0.55 thermal emittance >= 0.75, 2) 3-year aged solar reflectance index >=64.0, 3) Initial year aged solar reflectance >= 0.70 thermal emittance >= 0.75, 4) Initial year aged solar reflectance index >= 82.0. Envelope TBD: Reduced Lighting Power efficiency option invalid - requires lighting Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 6 of 15 COMcheck Software Version COMcheckWeb Interior Lighting Compliance Certificate Project Information Energy Code: 2015 IECC Project Title: CORR FS1 Project Type: New Construction Construction Site: Owner/Agent: Designer/Contractor: Additional Efficiency Package(s) Credits: 1.0 Required 1.0 Proposed Reduced Lighting Power, 1.0 credit Allowed Interior Lighting Power Proposed Interior Lighting Power Interior Lighting TBD: No lighting fixtures specified Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 7 of 15 COMcheck Software Version COMcheckWeb Exterior Lighting Compliance Certificate Project Information Energy Code: 2015 IECC Project Title: CORR FS1 Project Type: New Construction Exterior Lighting Zone 0 (Unspecified) Construction Site: Owner/Agent: Designer/Contractor: Allowed Exterior Lighting Power A B C D E Area/Surface Category Quantity Allowed Tradable Allowed Watts Watts I Wattage (B X C) Total Tradable Watts(a)= 0 Total Allowed Watts= 0 Total Allowed Supplemental Watts(b)= 500 (a)Wattage tradeoffs are only allowed between tradable areas/surfaces. (b)A supplemental allowance equal to 500 watts may be applied toward compliance of both non-tradable and tradable areas/surfaces. Proposed Exterior Lighting Power Exterior Lighting TBD: Exterior lighting zone not specified (see project screen) Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 8 of 15 COMcheck Software Version COMcheckWeb Mechanical Compliance Certificate Project Information Energy Code: 2015 IECC Project Title: CORR FS1 Location: Round Rock,Texas Climate Zone: 2a Project Type: New Construction Construction Site: Owner/Agent: Designer/Contractor: Additional Efficiency Package(s) Credits: 1.0 Required 1.0 Proposed Reduced Lighting Power, 1.0 credit Mechanical Systems List Quantity System Type&Description Mechanical Compliance Statement Compliance Statement: The proposed mechanical design represented in this document is consistent with the building plans, specifications, and other calculations submitted with this permit application.The proposed mechanical systems have been designed to meet the 2015 IECC requirements in COMcheck Version COMcheckWeb and to comply with any applicable mandatory requirements listed in the Inspection Checklist. Charles A. York, Architect C-'P\a?y--- 09/22/2022 Name-Title Signature Date Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 9 of 15 COMcheck Software Version COMcheckWeb Inspection Checklist Energy Code: 2015 IECC Requirements: 100.0% were addressed directly in the COMcheck software Text in the "Comments/Assumptions" column is provided by the user in the COMcheck Requirements screen. For each requirement, the user certifies that a code requirement will be met and how that is documented, or that an exception is being claimed. Where compliance is itemized in a separate table, a reference to that table is provided. Section # Plan Review Complies? Comments/Assumptions & Re .ID C103.2 Plans and/or specifications provide all ❑Complies Requirement will be met. [PR1]1 information with which compliance ❑Does Not can be determined for the building envelope and document where ❑Not Observable exceptions to the standard are ❑Not Applicable claimed. C402.4.1 The vertical fenestration area <= 30 ❑Complies Requirement will be met. [PR10]1 percent of the gross above-grade wall ❑Does Not area. ❑Not Observable ❑Not Applicable C402.4.1 The skylight area <= 3 percent of the ❑Complies Requirement will be met. [PR11]1 gross roof area. ❑Does Not ❑Not Observable ❑Not Applicable C402.4.2 In enclosed spaces > 2,500 ft2 ❑Complies Exception: Requirement does not apply. [PR14]1 directly under a roof with ceiling ❑Does Not heights >15 ft. and used as an office, lobby, atrium, concourse, corridor, ❑Not Observable storage, gymnasium/exercise center, ❑Not Applicable convention center, automotive service, manufacturing, non- refrigerated warehouse, retail store, distribution/sorting area, transportation,or workshop,the following requirements apply: (a)the daylight zone under skylights is >= half the floor area; (b)the skylight area to daylight zone is >= 3 percent with a skylight VF>= 0.40; or a minimum skylight effective aperture >= 1 percent. C406 Plans, specifications, and/or ❑Complies Requirement will be met. [PR9]1 calculations provide all information ❑Does Not with which compliance can be determined for the additional energy ❑Not Observable efficiency package options. ❑Not Applicable Additional Comments/Assumptions: 1 I High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR F51 Report date: 09/22/22 Data filename: Page 10 of 15 Section # Footing /Foundation Inspection Complies? Comments/Assumptions & Re .ID C303.2.1 Exterior insulation protected against ❑Complies Requirement will be met. (FO611 damage, sunlight, moisture, wind, ❑Does Not landscaping and equipment maintenance activities. ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 1 I High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 1 Low Impact(Tier 3) Project Title: CORR F51 Report date: 09/22/22 Data filename: Page 11 of 15 Section # Framing /Rough-In InspectionComplies? Comments/Assumptions & Re .I : _E D C303.1.3 Fenestration products rated in ❑Complies Requirement will be met. [FR12]2 accordance with NFRC. ❑Does Not ❑Not Observable ❑Not Applicable C303.1.3 Fenestration products are certified as ❑Complies Requirement will be met. [FR13]1 to performance labels or certificates ❑Does Not provided. ❑Not Observable ❑Not Applicable C402.4.3 Vertical fenestration SHGC value. ❑Complies See the Envelope Assemblies table for values. [FR10]1 ❑Does Not ❑Not Observable ❑Not Applicable C402.4.3, Vertical fenestration U-Factor. ❑Complies See the Envelope Assemblies table for values. C402.4.3. ❑Does Not 4 ❑ [FR8]1 Not Observable ❑Not Applicable C402.4.4 U-factor of opaque doors associated ❑Complies See the Envelope Assemblies table for values. [FR14]2 with the building thermal envelope ❑Does Not meets requirements. ❑Not Observable ❑Not Applicable C402.5.1 The building envelope contains a [Complies Requirement will be met. [FR16]1 continuous air barrier that is sealed in ❑Does Not an approved manner and either constructed or tested in an approved ❑Not Observable manner. Air barrier penetrations are ❑Not Applicable sealed in an approved manner. C402.5.2, Factory-built fenestration and doors ❑Complies Requirement will be met. C402.5.4 are labeled as meeting air leakage ❑Does Not [FR18]3 requirements. ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 1 I High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 1 Low Impact(Tier 3) Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 12 of 15 Section # Mechanical Rough-In Inspection Complies? Comments/Assumptions & Re .ID C402.5.5, Stair and elevator shaft vents have ❑Complies Exception: Requirement does not apply. C403.2.4. motorized dampers that automatically ❑Does Not 3 close. Not Observable [ME3]3 ❑ []Not Applicable Additional Comments/Assumptions: 111 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 1 Low Impact(Tier 3) Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 13 of 15 Section # Insulation Inspection Complies? Comments/Assumptions & Re .ID C303.1 Roof insulation installed per ❑Complies Requirement will be met. [IN3]1 manufacturer's instructions. Blown or ❑Does Not poured loose-fill insulation is installed only where the roof slope is <=3 in ❑Not Observable 12 ❑Not Applicable C303.1 Building envelope insulation is labeled ❑Complies Requirement will be met. [IN10]2 with R-value or insulation certificate ❑Does Not providing R-value and other relevant ❑ data. Not Observable ❑Not Applicable C303.2 Above-grade wall insulation installed ❑Complies Requirement will be met. [IN7]1 per manufacturer's instructions. ❑Does Not ❑Not Observable ❑Not Applicable C303.2.1 Exterior insulation is protected from ❑Complies Requirement will be met. [IN14]2 damage with a protective material. ❑Does Not Verification for exposed foundation insulation may need to occur during ❑Not Observable Foundation Inspection. ❑Not Applicable C402.2.1 Insulation intended to meet the roof ❑Complies Requirement will be met. [IN17]3 insulation requirements cannot be ❑Does Not installed on top of a suspended ceiling. Mark this requirement ❑Not Observable compliant if insulation is installed ❑Not Applicable accordingly. C104 Installed above-grade wall insulation ❑Complies See the Envelope Assemblies table for values. [IN6]1 type and R-value consistent with ❑Does Not insulation specifications reported in plans and COMcheck reports. ❑Not Observable ❑Not Applicable C402.2.6 Radiant panels and associated ❑Complies Exception: Requirement does not apply. [IN18]3 components, designed for heat ❑Does Not transfer from the panel surfaces to the occupants or indoor space are [-]Not Observable insulated with a minimum of R-3.5. []Not Applicable C402.3 High-albedo roofs satisfy one of the ❑Complies Requirement will be met. [IN5]3 following: 3-year-aged solar ❑Does Not reflectance >= 0.55 and thermal emittance>= 0.75 or 3-year-aged ❑Not Observable solar reflectance index >=64.0. ❑Not Applicable C104 Installed roof insulation type and R- ❑Complies See the Envelope assemblies table for values. [IN2]1 value consistent with insulation ❑Does Not specifications reported in plans and COMcheck reports. For some ceiling ❑Not Observable systems, verification may need to ❑Not Applicable occur during Framing Inspection. C402.5.1. All sources of air leakage in the []Complies Requirement will be met. 1 building thermal envelope are sealed, ❑Does Not [IN1]1 caulked, gasketed, weather stripped ❑Not Observable or wrapped with moisture vapor- permeable wrapping material to ❑Not Applicable minimize air leakage. Additional Comments/Assumptions: 111 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 1 Low Impact(Tier 3) Project Title: CORR F51 Report date: 09/22/22 Data filename: Page 14 of 15 Section # Final Inspection Complies? Comments/Assumptions & Re .ID C402.5.3 Where open combustion air ducts ❑Complies Exception: Direct vent appliances with both intake and [F151]3 provide combustion air to open ❑Does Not exhaust pipes installed continuous to the outside. combustion fuel burning appliances, the appliances and combustion air ❑Not Observable opening are located outside the ❑Not Applicable building thermal envelope or enclosed in a room, isolated from inside the thermal envelope. Such rooms are sealed and insulated. C402.5.6 Weatherseals installed on all loading ❑Complies Exception: Requirement does not apply. [FI37]1 dock cargo doors. ❑Does Not ❑Not Observable ❑Not Applicable C402.5.8 Recessed luminaires in thermal ❑Complies Requirement will be met. [F126]3 envelope to limit infiltration and be IC ❑Does Not rated and labeled. Seal between interior finish and luminaire housing. ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR FS1 Report date: 09/22/22 Data filename: Page 15 of 15 COMcheck Software Version COMcheckWeb Mechanical Compliance Certificate E OF r Project Information `P(•,. .r9d,. f Energy Code: 2015 IECC ............. ....... ..... .. Project Title: CORR Fire Station 1 SUJAYA REGMI ................................. Location: Round Rock, Texas ;•� 037270,�� Climate Zone: 2a �,�•,/ Project Type: New Construction Construction Site: Owner/Agent: Designer/Contractor: Additional Efficiency Package(s) Credits: 1.0 Required 1.0 Proposed Reduced Lighting Power, 1.0 credit Mechanical Systems List Quantity System Type & Description 1 HVAC System (Single Zone): Heating: 1 each-Central Furnace, Gas, Capacity= 40 kBtu/h Proposed Efficiency= 80.00%Et, Required Efficiency: 80.00%Et or 78%AFUE Cooling: 1 each-Single Package DX Unit, Capacity= 27 kBtu/h,Air-Cooled Condenser, Unknown Economizer Proposed Efficiency= 16.30 SEER, Required Efficiency = 14.00 SEER Proposed Part Load Efficiency= 0.00 , Required Part Load Efficiency= 0.00 Fan System: AHU-1 I FIRE STATION --Compliance(Motor nameplate HP and fan efficiency method) : Passes Fans: FAN 1 Supply, Constant Volume, 850 CFM, 0.5 motor nameplate hp, 100.0 fan efficiency grade, 100.0 total fan efficiency, 100.0 design fan efficiency,fan exception: Single fan <= 5HP 1 HVAC System (Single Zone): Heating: 1 each-Central Furnace, Gas, Capacity= 40 kBtu/h Proposed Efficiency= 80.00%Et, Required Efficiency: 80.00%Et or 78%AFUE Cooling: 1 each-Single Package DX Unit, Capacity= 27 kBtu/h, Air-Cooled Condenser, Unknown Economizer Proposed Efficiency= 16.30 SEER, Required Efficiency= 14.00 SEER Proposed Part Load Efficiency = 0.00 , Required Part Load Efficiency= 0.00 Fan System: AHU-2 I FIRE STATION--Compliance(Motor nameplate HP and fan efficiency method) : Passes Fans: FAN 2 Supply, Constant Volume,850 CFM, 0.5 motor nameplate hp, 100.0 fan efficiency grade, 100.0 total fan efficiency, 100.0 design fan efficiency,fan exception: Single fan <= 5HP 1 HVAC System (Single Zone): Heating: 1 each-Central Furnace, Gas, Capacity= 60 kBtu/h Proposed Efficiency= 80.00%Et, Required Efficiency: 80.00%Et or 78%AFUE Cooling: 1 each-Split System, Capacity= 34 kBtu/h, Air-Cooled Condenser, Unknown Economizer Proposed Efficiency= 17.00 SEER, Required Efficiency = 13.00 SEER Proposed Part Load Efficiency= 0.00 , Required Part Load Efficiency= 0.00 Fan System: AHU-3 I FIRE STATION--Compliance(Motor nameplate HP and fan efficiency method) : Passes Fans: FAN 3 Supply, Constant Volume, 1140 CFM, 0.5 motor nameplate hp, 100.0 fan efficiency grade, 100.0 total fan efficiency, 100.0 design fan efficiency,fan exception: Single fan <= 5HP 1 HVAC System (Single Zone): Split System Heat Pump Heating Mode: Capacity = 37 kBtu/h, Proposed Efficiency= 8.30 HSPF, Required Efficiency= 8.20 HSPF Cooling Mode: Capacity= 32 kBtu/h, Proposed Efficiency= 18.80 SEER, Required Efficiency = 14.00 SEER Proposed Part Load Efficiency = 0.00 , Required Part Load Efficiency= 0.00 Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 1 of 12 Quantity System Type & Description Fan System: SS-1 I FIRE STATION--Compliance(Motor nameplate HP and fan efficiency method) : Passes Fans: FAN 5 Supply, Constant Volume, 920 CFM, 0.5 motor nameplate hp, 100.0 fan efficiency grade, 100.0 total fan efficiency, 100.0 design fan efficiency,fan exception: Single fan <= 5HP 1 HVAC System (Single Zone): Cooling: 1 each-Split System, Capacity= 10 kBtu/h, Air-Cooled Condenser, Unknown Economizer Proposed Efficiency= 20.80 SEER, Required Efficiency = 13.00 SEER Proposed Part Load Efficiency= 0.00 , Required Part Load Efficiency= 0.00 Fan System: SS-2 I FIRE STATION--Compliance(Motor nameplate HP and fan efficiency method) : Passes Fans: FAN 6 Supply, Constant Volume,425 CFM, 0.5 motor nameplate hp, 100.0 fan efficiency grade, 100.0 total fan efficiency, 100.0 design fan efficiency,fan exception: Single fan <= 5HP 1 Water Heater: Gas Storage Water Heater, Capacity: 100 gallons, Input Rating: 199 kBtu/h w/Circulation Pump Proposed Efficiency: 97.00%Et, Required Efficiency: 80.00%Et Mechanical Compliance Statement Compliance Statement: The proposed mechanical design represented in this document is consistent with the building plans, specifications, and other calculations submitted with this permit application.The proposed mechanical systems have been designed to meet the 2015 IECC requirements in COMcheck Version COMcheckWeb and to comply with any applicable mandatory requirements listed in the Inspection Checklist. Sujay RegmiA441y�' 09/22/2022 Name-Title Signature Date Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 2 of 12 COMcheck Software Version COMcheckWeb Inspection Checklist Energy Code: 2015 IECC Requirements: 0.0% were addressed directly in the COMcheck software Text in the "Comments/Assumptions" column is provided by the user in the COMcheck Requirements screen. For each requirement, the user certifies that a code requirement will be met and how that is documented, or that an exception is being claimed. Where compliance is itemized in a separate table, a reference to that table is provided. Section # Plan Review Complies? Comments/Assumptions & Re .ID C103.2 Plans, specifications, and/or ❑Complies [PR2]1 calculations provide all information ❑Does Not with which compliance can be determined for the mechanical ❑Not Observable systems and equipment and ❑Not Applicable document where exceptions to the standard are claimed. Load calculations per acceptable engineering standards and handbooks. C103.2 Plans, specifications, and/or ❑Complies [PR3]1 calculations provide all information ❑Does Not with which compliance can be determined for the service water ❑Not Observable heating systems and equipment and ❑Not Applicable document where exceptions to the standard are claimed. Hot water system sized per manufacturer's sizing guide. C406 Plans, specifications, and/or ❑Complies [PR9]1 calculations provide all information ❑Does Not with which compliance can be determined for the additional energy ❑Not Observable efficiency package options. ❑Not Applicable Additional Comments/Assumptions: 1 I High Impact(Tier 1) 12 1 Medium Impact(Tier 2) 13 1 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 3 of 12 Section # Footing /Foundation Inspection Complies? Comments/Assumptions & Re .ID C403.2.4. Snow/ice melting system sensors for ❑Complies 5, future connection to controls. Freeze ❑Does Not C403.2.4. protection systems have automatic 6 controls installed. ❑Not Observable [FO9)3 ❑Not Applicable Additional Comments/Assumptions: 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 4 of 12 Section # Plumbing Rough-In InspectionComplies? Comments/Assumptions & Re .ID C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. ❑Not Observable [PL6]3 ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. Not Observable [PL6]3 ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. Not Observable [PL6]3 ❑ ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. Not Observable [PL6]3 ❑ ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. ❑Not Observable [PL6]3 ❑Not Applicable C404.5, Heated water supply piping conforms ❑Complies C404.5.1, to pipe length and volume ❑Does Not C404.5.2 requirements. Refer to section details. [PL6]3 ❑Not Observable ❑Not Applicable C404.6.1, Automatic time switches installed to ❑Complies C404.6.2 automatically switch off the ❑Does Not [PL3]1 recirculating hot-water system or heat ❑ trace. Not Observable ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable 111 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 5 of 12 Section # Plumbing Rough-In Inspection Complies? Comments/Assumptions & Re .ID C404.6.3 Pumps that circulate water between a ❑Complies [PL7]3 heater and storage tank have controls ❑Does Not that limit operation from startup to <= 5 minutes after end of heating ❑Not Observable cycle. ❑Not Applicable C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source ❑Not Observable through a cold-water supply pipe is a demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source through a cold-water supply pipe is a ❑Not Observable demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source ❑Not Observable through a cold-water supply pipe is a demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source through a cold-water supply pipe is a ❑Not Observable demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source through a cold-water supply pipe is a ❑Not Observable demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. 11 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 6 of 12 Section # Plumbing Rough-In Inspection Complies? Comments/Assumptions & Re .ID C404.7 Water distribution system that pumps ❑Complies [PL8]3 water from a heated-water supply ❑Does Not pipe back to the heated-water source ❑Not Observable through a cold-water supply pipe is a demand recirculation water system. ❑Not Applicable Pumps within this system have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance and limits the temperature of the water entering the cold-water piping to 104°F. Additional Comments/Assumptions: 11 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 7 of 12 Section # Mechanical Rough-In Inspection Complies? Comments/Assumptions & Re .ID C402.2.6 Thermally ineffective panel surfaces of❑Complies [ME41]3 sensible heating panels have ❑Does Not insulation >= R-3.5. ❑Not Observable ❑Not Applicable C403.2.13 Unenclosed spaces that are heated ❑Complies [ME71]2 use only radiant heat. ❑Does Not ❑Not Observable ❑Not Applicable C403.2.3 HVAC equipment efficiency verified. ❑Complies See the Mechanical Systems list for values. [ME55]2 [-]Does Not ❑Not Observable ❑Not Applicable C403.2.6. Demand control ventilation provided ❑Complies 1 for spaces>500 ft2 and >25 ❑Does Not [ME59]1 people/1000 ft2 occupant density and ❑Not Observable served by systems with air side economizer, auto modulating outside ❑Not Applicable air damper control, or design airflow >3,000 cfm. C403.2.6. Enclosed parking garage ventilation ❑Complies 2 has automatic contaminant detection ❑Does Not [ME115]3 and capacity to stage or modulate ❑Not Observable fans to 50%or less of design capacity. ❑Not Applicable C403.2.7 Exhaust air energy recovery on ❑Complies [ME57]1 systems meeting Table C403.2.7(1) ❑Does Not and C403.2.7(2). ❑Not Observable ❑Not Applicable C403.2.8 Kitchen exhaust systems comply with ❑Complies [ME116]3 replacement air and conditioned ❑Does Not supply air limitations, and satisfy hood rating requirements and maximum ❑Not Observable exhaust rate criteria. ❑Not Applicable C403.2.9 HVAC ducts and plenums insulated. ❑Complies [ME60]2 Where ducts or plenums are installed []Does Not in or under a slab, verification may need to occur during Foundation ❑Not Observable Inspection. ❑Not Applicable C403.2.9 Ducts and plenums sealed based on ❑Complies [ME10]2 static pressure and location. []Does Not ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in.water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in.water ❑Complies 1.3 column requires air leakage testing. ❑Does Not (ME11]3 ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in. water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 8 of 12 Section # Mechanical Rough-In Inspection Complies? Comments/Assumptions & Re .ID C403.2.9. Ductwork operating >3 in. water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable C403.2.9. Ductwork operating >3 in.water ❑Complies 1.3 column requires air leakage testing. ❑Does Not [ME11]3 ❑Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. []Not Observable ❑Not Applicable C403.4.4. Multiple zone VAV systems with DDC ❑Complies See the Mechanical Systems list for values. 6 of individual zone boxes have static ❑Does Not [ME110]3 pressure setpoint reset controls. ❑Not Observable ❑Not Applicable C404.2.1 Gas-fired water-heating equipment ❑Complies [ME111]2 installed in new buildings: where a ❑Does Not singular piece of water-heating equipment>= 1,000 kBtu/h serves ❑Not Observable the entire building, thermal efficiency ❑Not Applicable >= 90 Et.Where multiple pieces of water-heating equipment serve the building with combined rating >_ 1,000 kBtu/h,the combined input- capacity-weighted-average thermal efficiency>= 90 Et. Exclude input rating of equipment in individual dwelling units and equipment<= 100 kBtu/h. C408.2.2. Air outlets and zone terminal devices ❑Complies 1 have means for air balancing. ❑Does Not [ME53]3 ❑Not Observable ❑Not Applicable C403.5, Refrigerated display cases, walk-in ❑Complies C403.5.1, coolers or walk-in freezers served by ❑Does Not C403.5.2 remote compressors and remote [ME123]3 condensers not located in a ❑Not Observable condensing unit, have fan-powered ❑Not Applicable condensers that comply with Sections C403.5.1 and refrigeration compressor systems that comply with C403.5.2.. Additional Comments/Assumptions: 111 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 9 of 12 Section # Final Inspection Complies? Comments/Assumptions & Re .ID C303.3, Furnished O&M manuals for HVAC ❑Complies C408.2.5. systems within 90 days of system ❑Does Not 3 acceptance. [F18]3 ❑Not Observable ❑Not Applicable C403.2.2 HVAC systems and equipment ❑Complies [F127]3 capacity does not exceed calculated ❑Does Not loads. ❑Not Observable ❑Not Applicable C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device per installed []Not Observable humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [FI47]3 Minimum one humidity control device per installed ❑Not Observable humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device per installed ❑Not Observable humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device per installed ❑Not Observable humidification/dehumidification ❑Not Applicable system. C403.2.4. Heating and cooling to each zone is ❑Complies 1 controlled by a thermostat control. ❑Does Not [F147]3 Minimum one humidity control device per installed ❑Not Observable humidification/dehumidification ❑Not Applicable system. C403.2.4. Heat pump controls prevent ❑Complies 1.1 supplemental electric resistance heat ❑Does Not [F142]3 from coming on when not needed. ❑Not Observable ❑Not Applicable C403.2.4. Thermostatic controls have a 5 °F ❑Complies 1.2 deadband. ❑Does Not [F138]3 ❑Not Observable ❑Not Applicable C403.2.4. Temperature controls have setpoint ❑Complies 1.3 overlap restrictions. ❑Does Not [F120]3 ❑Not Observable ❑Not Applicable C403.2.4. Each zone equipped with setback ❑Complies 2 controls using automatic time clock or ❑Does Not [F139]3 programmable control system. ❑Not Observable ❑Not Applicable 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 10 of 12 Section # Final Inspection Complies? Comments/Assumptions & Req.ID C403.2.4. Automatic Controls: Setback to 55°F ❑Complies 2.1, (heat)and 85°F (cool); 7-day clock, 2- ❑Does Not C403.2.4. hour occupant override, 10-hour [:]Not backup Not Observable [F140]3 ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. ❑Does Not [F141]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. ❑Does Not [FI41]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. ❑Does Not [F141]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. ❑Does Not [F141]3 ❑Not Observable ❑Not Applicable C403.2.4. Systems include optimum start ❑Complies 2.3 controls. ❑Does Not [FI41]3 ❑Not Observable ❑Not Applicable C404.3 Heat traps installed on supply and ❑Complies [Fl 11]3 discharge piping of non-circulating ❑Does Not systems. ❑Not Observable ❑Not Applicable C404.4 All piping insulated in accordance with ❑Complies [F[25]2 section details and Table C403.2.10. ❑Does Not ❑Not Observable ❑Not Applicable C404.6.1 Controls are installed that limit the ❑Complies [F112]3 operation of a recirculation pump ❑Does Not installed to maintain temperature of a ❑Not Observable storage tank. System return pipe is a dedicated return pipe or a cold water ❑Not Applicable supply pipe. C408.2.1 Commissioning plan developed by ❑Complies [F128]1 registered design professional or ❑Does Not approved agency. ❑Not Observable ❑Not Applicable C408.2.3. HVAC equipment has been tested to ❑Complies 1 ensure proper operation. ❑Does Not [F131]1 ❑Not Observable ❑Not Applicable C408.2.3. HVAC control systems have been ❑Complies 2 tested to ensure proper operation, ❑Does Not [FI10]1 calibration and adjustment of controls. ❑Not Observable ❑Not Applicable 11 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 11 of 12 Section # Final Inspection Complies? Comments/Assumptions & Re .ID C408.2.4 Preliminary commissioning report ❑Complies [F129]1 completed and certified by registered ❑Does Not design professional or approved agency. ❑Not Observable ❑Not Applicable C408.2.5. Furnished HVAC as-built drawings ❑Complies 1 submitted within 90 days of system ❑Does Not [FI7]3 acceptance. ❑Not Observable ❑Not Applicable C408.2.5. An air and/or hydronic system ❑Complies 3 balancing report is provided for HVAC ❑Does Not [FI43]1 systems. ❑Not Observable ❑Not Applicable C408.2.5. Final commissioning report due to ❑Complies 4 building owner within 90 days of ❑Does Not [F130]1 receipt of certificate of occupancy. ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 111 High Impact(Tier 1) 2 1 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: CORR Fire Station 1 Report date: 09/20/22 Data filename: Page 12 of 12