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Contract - Hensel Phelps Construction Company - 9/12/2024 REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGER AT RISK BOB BENNETT PHASES II, III, AND IV ROUND ROCK TEXAS Solicitation Number: 24-307 ,APPROVED BY September 2024 CI T T ATTORN Y CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS For CONSTRUCTION MANAGER AT RISK Bob Bennett Phases II, III, and IV Pursuant to the provisions in Section 2269, Sub Chapter F,of the Texas Local Government Code and related laws, the City of Round Rock ("City") is seeking Proposals ("Proposals") from firms ("Proposers")qualified and experienced in providing Construction Manager-At-Risk services for the purpose of construction of the Bob Bennett Phases II, III, and IV through a one-step process. The City of Round Rock invites qualified firms to submit proposals to serve as Construction Manager at Risk for the Bob Bennett Phases II, III, and IV. Proposals must be submitted on or before Friday, June 711, 2024 at 3:OOPM. Information about this solicitation may be obtained at: Solicitations - City of Round Rock (roundrocktexas.gov) or on the City's procurement portal, "Bonfire," at https://roundrocktexas.bonfirehub.com. A pre-proposal meeting will be held virtually at Join the meeting now Meeting ID: 215 107 458 939 Passcode: Uzda58 at 11:OOAM on Tuesday, May 21St, 2024, and is not mandatory. Proposals will be publicly opened and read aloud online at 3:15PM on Friday, June 711, 2024 via Teams Join the meeting now Meeting ID: 235 675 781 381 Passcode: VGnpMi . 2 Table of Contents Instructions to Proposers Section I Standard Purchase Terms and Conditions Section II Scope of Service Section III Exhibits Section IV • Exhibit A Description of Project • Exhibit B Construction Manager at Risk Response Form (Qualification Questionnaire) • Exhibit C Selection Criteria and Proposal Cost Form • Exhibit D Form of Agreement General Conditions 00900 Special Conditions for CMAR D.1 Performance and Payment Bond D.2 Certificate of Liability Insurance 4 Section I Instruction to Proposers 5 SECTION L INSTRUCTIONS TO PROPOSERS Pursuant to the provisions in Section 2269, Sub Chapter F,of the Texas Local Government Code and related laws, the City of Round Rock ("City") is seeking Proposals ("Proposals") from firms ("Proposers")qualified and experienced in providing Construction Manager-At-Risk services for the purpose of construction of improvements to the Bob Bennett Phase II, III, and IV through a one- step process. The proposed improvements are generally described on Exhibit A(the "Project"). This Request for Proposals ("Request") contains information and instructions to enable interested Proposers to prepare and submit a Proposal and describes the terms and conditions that the successful Proposer will be expected to accept as part of the performance of the Contract. 1. SUMMARY OF TIMELINE OF RFP 1.1. Solicitation released Friday,May 17, 2024 1.2. Advertisement May 19, 2024, and May 26, 2024 1.3. Pre-proposal meeting 11:00 AM Tuesday, May 21, 2024 1.4. Requests for Information Due 3:00 PM Tuesday, May 28, 2024 1.5. Final Addendum Posted 3:00 PM Monday,June 3, 2024 1.6. Proposal Deadline 3:00 PM Friday,June 7, 2024 1.7. Scoring and Ranking Tuesday, June 25, 2024 1.8. Interviews June 26, 2024—June 28, 2024 1.9. Tentative Award July 25, 2024 2. SUBMISSION OF PROPOSALS. Proposals are required to be submitted through the City's procurement portal "Bonfire" at: https://roundrocktexas.bonfirehub.com 2.1. Proposals must be electronically submitted in sufficient time so as to be received on or before the time and date shown on this Request. It is the sole responsibility of the Proposer to ensure the timely submittal of the Proposal. 2.2. Proposals received after the published time and date cannot be considered and will not be accepted. 2.3. Proposals will represent a true and correct statement of facts and shall contain no cause for claim of omission or error. 2.4. Any explanation desired by a Proposer regarding the meaning or interpretation of this Request, or any forms included herein must be requested in writing to the City with sufficient time allowed for a reply to reach Proposers before the submission of Proposals. The City is under no obligation to respond to any such request. Written request may be made through the City's procurement portal, "Bonfire." 6 3. PREPARATION OF PROPOSALS. Each Proposer shall furnish the information required by this Request. The person signing the Proposal must initial erasures or other changes. 3.1. If any exceptions are taken to any portion of the Request, the Proposer must clearly indicate the exceptions taken and include a full explanation as a separate attachment to the Proposal. The failure to identify exceptions or proposed changes with a full explanation will constitute acceptance by the Proposer of the Proposal invitation as proposed by the City. The City reserves the right to reject a Proposal containing exceptions, additions, deletions, qualifications, or conditions not called for in the solicitation. 3.2. The City is exempt from local, state, and federal taxes. Proposals may not include exempted taxes. If it is determined that tax was included in the proposal, it will not be included in the tabulation or any awards.Tax exemption certificates will be furnished upon request. Under no circumstances shall the City be liable to pay exempt taxes under any contract. 4. SUBMISSION OF PROPOSALS. Unless otherwise specified, Proposers are required to submit the Proposal and information requested in the Construction Manager at Risk Response FormExhibit B as well as all other documents and forms electronically through Bonfire. 3.1 Proposers are to submit their Proposals through "Bonfire" at btVs://roundrocktexas.bonfirehub.com. All Proposals must be received in Bonfire by no later than 3:00 PM Friday, June 7th, 2024. Non-electronic submittals will not be accepted. 3.2 The City's selection committee will review the Responses and rank the Responses according to the Selection Criteria. Selection committee will comprise of representatives from the City's Transportation Department, Sports Management and Tourism Department, Parks and Recreation Department, and General Services Department. City of Round Rock staff shall negotiate a contract for Construction Manager at Risk Services ("Contract"). If the City of Round Rock staff is unsuccessful in negotiating a satisfactory Contract, the City staff shall proceed to the next qualified Proposer and attempt to negotiate a Contract. City staff shall recommend the contract to the Round Rock City Council for approval. 3.3 City expects that the Proposer will comply with the stated requirements of the Request in developing its response. The Proposer will submit a Proposal response consistent with the Request. Should the Proposer wish to propose an alternate solution that the Proposer feels is a better approach, Proposer may submit such alternate offer(s)in addition to its primary response.The Proposer will fully explain and justify any alternate offer(s), especially explaining how the alternate offer provides greater benefits to City. All alternate responses will be judged solely at the discretion of the members of the evaluation team. 7 3.4 By submission of a Proposal in response to this Request,the Proposer confirms the Proposer's understanding of all documents related to the Project. It also ensures the response is submitted in accordance with the stated requirements of the Request. Should the Proposer's response not fully comply with the requirements set forth in the Request, the Proposer will clearly identify each deviation or proposed alternative. 3.5 All proposals will include all information solicited by this Request and any additional material that the Proposer deems pertinent to the understanding and evaluation of their response.Incomplete responses may be disqualified from further consideration at the sole discretion of City. 3.6 All responses to this Request for Proposal for Construction Manager at Risk, as well as any questions, clarifications, or requests for general information shall be submitted through the City's procurement portal "Bonfire" at https://roundrocktexas.bonfirehub.com.All requests will be communicated through Bonfire and Bonfire only. All requests for information must be received by 3:00 PM Tuesday,May 281,2024 3.7 The Proposer will submit a Proposal that includes insurance coverages in the amounts stated in the Request for Proposal, Section IV, Exhibit D, 00900 Special Conditions CMAR, Section 04 Insurance Requirements. 5. PROPOSAL RESPONSE. City has established guidelines to facilitate evaluation and comparison of each Proposer's response. City expects the Proposer to follow these guidelines. The Proposer will organize its response in accordance with the following: A. Proposer Organization. The Proposer will include an executive summary of the proposed solution that describes its primary features and benefits, firm's capability to obtain bonding and limits of bonding capacity, insurance, name of main contact, and acceptance of the requirements and the terms and conditions of this Request. This summary will not exceed one (1) page in length and should not contain any pricing information. B. Construction Manager-At-Risk Qualification Questionnaire. The Proposer shall complete and return the Construction Manager-At-Risk Response FormExhibit B . The Proposer will address all questions completely and concisely in the text of the response. C. Financial Proposal. The Proposer shall complete and return the Proposal Cost Form Exhibit C). The Proposer shall contain a straightforward, concise delineation of the Proposer's fees to satisfy the requirements of this Request. (A)Pre-construction Costs. Costs shall include a lump sum fee for pre- construction services to aid design team and project owners in developing 8 plans, costs, and schedule for the project. Weekly meetings will be required of CMAR throughout design. (B)Cost of the General Conditions. The Proposer shall state separately the Proposer's fee for General Conditions. General Conditions are defined as the onsite management and administrative personnel, insurance,bonds, field office and supplies to be supplied or performed by the Proposer. (C)Fee. The Proposer shall state separately the fee to be charged by the Proposer. The fee is defined as the payment a construction manager receives for its overhead and profit in performing construction manager services. (D)Subcontractor Bonds and Subcontractor Default Insurance. The Proposer shall state separately the fee to be charged by the Proposer. The fee is defined as the maximum percentage applied to the Cost of Work for subcontract risk management. (E)Proposal Table Information. To be completed as part of the response. 6. COMPETITIVE SELECTION. 6.1. THIS IS A NEGOTIATED PROCUREMENT,and as such,a contract will not necessarily be entered into with the Proposer submitting the lowest priced Proposal. The City shall accept the Proposal it deems to be in the best interest of the City. In making that determination, the City shall consider the proposed fee/cost for General Conditions, the Proposer's experience, references and record for responsibility, or any other relevant factors, including the Selection Criteria, that the City deems necessary to determine best value. 6.2. The City will consider the criteria("Selection Criteria")in determining the Proposer with whom to negotiate a Construction Manager at Risk contract: See"Exhibit C of this Proposal" • Strength of Proposer's organization and proximity to project site • Proposer's past project performance, reputation, and Owner/Architect reference • Strength of Proposer's organization financials • Proposer's performance as a Construction Manager at Risk • Proposer's personnel qualifications • Proposer's organization's safety rating • The fee proposed • The charge for providing the General Conditions and any other charges • Fee for preconstruction services 6.3. The Construction Manager at Risk will be selected via the one-step evaluation process, pursuant to the Texas Government Code Section 2269.53. Upon receipt of proposals, the City's administrative staff will review the proposals, conduct interviews as deemed appropriate, and develop a ranking of the Proposers based on the Selection Criteria. No Construction Manager at Risk (CMAR) will be finally selected until a Contract between the CMAR and the City is signed. 9 6.4. Each Proposal will be evaluated and ranked pursuant to the Selection Criteria and Proposal Cost Form per Exhibit C. 7. RESERVATIONS. The City expressly reserves the right to: 7.1. Waive as an informality any minor deviations from specifications, if it determines that total cost is lower, and the overall function is improved or not impaired; 7.2. Waive any minor informality in any proposal procedure; 7.3. Reject or cancel any or all proposals; 7.4. Reissue a proposal invitation; 7.5. Extend the proposal opening time and date; 7.6. Consider and accept alternate proposals, if specified in the solicitation, when it is considered in the best interest of the City. 8. AWARD OF CONTRACT. 8.1. It is contemplated that the terms and conditions of this Request along with the contents of the successful Proposal will become a part of the subsequent contractual documents. Failure to accept this obligation may result in the cancellation of any award. Any damages suffered by the City as a result of the Proposer's failure to contract may be recovered from the Proposer. 8.2. Although City reserves the right to require oral presentations by any or all Proposers, City may make an award without discussion with any Proposer, after proposals are received. Proposals should therefore be submitted on the most favorable terms. 8.3. After determination and agreement on Guaranteed Maximum Price (GMP) and prior to commencement of work hereunder, Proposer will provide a Performance Bond and a Payment Bond, each in principal amount equal to 100% of the GMP, conditioned that Proposer will faithfully perform all undertakings in the contract and will fully pay all persons furnishing labor and material in the prosecution of the work provided for in the contract. Such Performance Bond and Payment Bond shall be on forms supplied by City (see Exhibit D 1),with good and sufficient surety approved by the City Purchasing Director or his designee. If any surety upon any bond becomes insolvent or otherwise ceases to do business in this State, the Proposer shall promptly furnish equivalent security to protect the interests of City and of persons furnishing labor and materials in the prosecution of the work. 8.4. All Bonds shall be written by a bonding company (insurance company) that is duly authorized to do business in the State of Texas, and which meets all requirements of Texas 10 law in connection with its issuance of Bonds hereunder and be listed on the US Treasury List. If any surety upon any Bond becomes insolvent or otherwise ceases to do business in the State of Texas,Proposer shall immediately furnish equivalent security to protect the interests of City and of persons furnishing labor and materials in the prosecution of the work under the Contract. If the amount of the Bond is in an amount in excess of ten percent (10%) of the surety company's capital and surplus, City, as a condition to accepting the Bond,will require written certification that the surety company has reinsured the portion of the risk that exceeds 10% of the surety company's capital and surplus with one or more reinsurers who are duly authorized, accredited, or trusteed to do business in the State of Texas. 8.5. If the Proposer has joined with one or more business partners or is subcontracting any work to respond to this Request, City reserves the right to reject the Proposer's proposal based on that/those partnerships(s) and/or subcontractors. City may, at its option, accept subsequent proposals with new partnership(s) and or subcontractors, should those in the initial proposal be unacceptable for any reason. 8.6. The City General Conditions of the Contract for Construction(Exhibit D)are incorporated herein by reference. In the event of conflict between this Request and the General Conditions of the Contract, the conditions of this Request shall prevail. 9. PLANS AND SPECIFICATIONS; GUARANTEED MAXIMUM PRICE. 8.1 Proposers will be furnished electronic models, plans, and specifications for the Project at Programming, 30% Design Development, 65% Design Development, 95% Design Development, and 100% Issue for Construction. 8.2 The successful proposer will be required to submit to the City a guaranteed maximum price acceptable to the City at 65% Design Development. The City maintains the right to defer the Guaranteed Maximum Price for further development of design documents. 11 Section II Standard Terms and Conditions 12 SECTION IL STANDARD TERMS AND CONDITIONS By submitting a Proposal in response to the Request, the Proposer agrees that the Contract to be entered into with the City shall include the following terms and conditions. 1. CONTRACTOR'S OBLIGATIONS. The Proposer shall fully and timely provide all deliverables described in the Solicitation and in the Proposer's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws,rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Request, this Contract shall be effective as of the date the Contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. PLACE AND CONDITION OF WORK. The City shall provide the Proposer access to the sites where the Proposer is to perform the services as required in order for the Proposer to perform the services in a timely and efficient manner. The Proposer acknowledges that it has satisfied itself as to the nature of the City's services requirements and specifications, the location and essential characteristics of the work site(s), the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Proposer's obligations under the Contract. The Proposer hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. 4. WORKFORCE. The Proposer shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. The Proposer, its employees, subcontractors, and subcontractor's 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 City's property,nor may such workers be intoxicated, or under the influence of alcohol or drugs on the job. 5. COMPLIANCE WITH SAFETY REGULATIONS. The Proposer, its Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules, and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirements shall govern.The Proposer shall indemnify and hold the City harmless from and against all claims, demands, suits, actions,judgements, fines,penalties and liability of every kind arising from the breach of the Proposer's obligations under this paragraph. 13 6. SUBCONTRACTORS. 6.1. After entry into a Contract between the City and the CMAR, the CMAR shall publicly advertise, as prescribed for the City under Section 2269.052 of the Texas Government Code and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work on the Project which may be included in the General Conditions to be performed by the CMAR. The CMAR may seek to perform portions of the work on the Project if the CMAR submits its bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and if the City determines that the CMAR's bid, or proposal provides the best value for the City. 6.2. Work performed for the Proposer by a Subcontractor shall be pursuant to a written contract between the Proposer and Subcontractor. The terms of the subcontract may not conflict with the terms of this Contract, and shall contain provisions that: 6.2.1. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications, and terms of the Contract. 6.2.2. Prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Proposer. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City. 6.2.3. Require Subcontractors to submit all invoices and applications for payments, including claims for additional payments, damages or otherwise, to the Proposer in sufficient time to enable the Proposer to include same with its invoice or application for payment to the City in accordance with the terms of the Contract. 6.2.4. Require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Proposer, with the City being a named insured as its interests may appear. 6.2.5. Require that the Subcontractor indemnify and hold the City harmless to the same extent, as the Proposer is required to indemnify the City. 6.3. The Proposer shall be fully responsible to the City for all acts and omissions of the Subcontracts just as the Proposer is responsible for the Proposer's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor,nor shall it create any obligation on the part of the City to pay or to 14 see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. 6.4. The Proposer shall pay each Subcontractor its appropriate share of payments made to the Proposer not later than ten days after receipt of payment from the City. 7. INVOICES AND PAYMENT.The Proposer shall submit a request for payment on forms provided by the City at intervals of no more often than once per month. 7.1. Invoices shall be itemized as required by the City. Invoices shall be received by the City no later than the 25h day of each month. 7.2. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 7.3. All proper invoices received by the City will be paid within 30 days of the City's receipt of the deliverables or of the invoice,whichever is later. 7.4. The City's payment obligations are payable only and solely from funds appropriated and available for the purpose of this purchase. The absence of appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not appropriated or available and any deliverables delivered but unpaid shall be returned to the Proposer. The City shall provide the Proposer written notice of the failure of the City to make an adequate appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. 8. WARRANTY. 8.1. PRICE. The Proposer warrants the prices quoted in the Proposal are no higher than the Proposer's current prices on orders by others for like deliverables under similar terms of purchase. The Proposer certifies that the prices in the Proposal have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. In addition to any other remedy available,the City may deduct from any amounts owed to the Proposer,or otherwise recover any amounts paid for items in excess of the Proposer's current prices on orders by others for like deliverables under similar terms of purchase. 8.2. TITLE. The Proposer warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Proposer shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 15 8.3. DELIVERABLES. The Proposer warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design,workmanship, or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Request, to any samples finnished by the Proposer, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Request, the deliverables shall be new or recycled merchandise, and not used or reconditioned. Recycled deliverables shall be clearly identified as such. 8.3.1. The Proposer may not limit, exclude,or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. Unless otherwise specified in the Contract,the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If, during the warranty period, one or more of the above warranties are breached, the Proposer shall promptly upon receipt of demand either repair the non-conforming deliverables or replace the non-conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement,including but not limited to,any packaging and shipping costs, shall be borne exclusively by the Proposer. The City shall endeavor to give the Proposer written notice of the breach of warranty within thirty (30) days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. 8.3.2. If the Proposer is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy,the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Proposer and purchase conforming deliverables from other sources. In such event, the Proposer shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. 8.3.3. If the Proposer is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Proposer shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Proposer shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 8.4. SERVICES. The Proposer warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. 16 8.4.1. The Proposer may not limit, exclude,or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. 8.4.2. Unless otherwise specified in the Contract,the warranty period shall be at least one year from acceptance of the services. If during the warranty period, one or more of the above warranties are breached the Proposer shall promptly, upon receipt of demand, perform the services again in accordance with above standard at no additional cost to the City.All costs incidental to such additional performance shall be borne by the Proposer.The City shall endeavor to give the Proposer written notice of the breach of warranty within thirty (30) days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. 8.4.3. If the Proposer is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy,the City may reduce the amount of services it may be required to purchase under the Contract from the Proposer, and purchase conforming services from other sources. In such event, the Proposer shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 9. RIGHT TO ASSURANCE. Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 10. TERMINATION FOR CAUSE. In the event of a default by the Proposer, the City shall have the right to terminate the Contract for cause,by written notice effective ten(10)days, unless otherwise specified, after the date of such notice, unless the Proposer, within such ten(10)day period,cures such default,or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses, and expenses incurred by the City as a result of the Proposer's default, including without limitation, cost of cover,reasonable attorneys' fees,court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Proposer, the City may remove the Proposer from the City's Proposer list for three (3) years and any Proposal submitted by the Proposer may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 11. TERNIINATION WITHOUT CAUSE. The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) days' prior written notice.Upon receipt of a notice of termination,the Proposer shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of 17 termination. The City shall pay the Proposer, to the extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 12. DELAYS. The City may delay scheduled delivery or other due dates by written notice to the Proposer if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Proposer shall negotiate an equitable adjustment for costs incurred by the Proposer in the Contract price and execute an amendment to the Contract. The Proposer must assert its right to an adjustment within thirty (30) days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in the Contract. However, nothing in this provision shall excuse the Proposer from delaying the delivery as notified. 13. NO WARRANTY BY CITY AGAINST INFRINGEMENTS. The Proposer represents and warrants to the City that: (i)the Proposer shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Proposer in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party;that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Proposer does not know of any valid basis for any such claims. The Proposer shall, at its sole expense,defend,indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Proposer's breach of any of Proposer's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf. Further, Proposer agrees that the City's specifications regarding the deliverables shall in no way diminish Proposer's warranties or obligations under this paragraph and the City makes no warranty that the production,development,or delivery of such deliverables will not impact such warranties of Proposer. 14. OWNERSHIP AND USE OF DELIVERABLES. The City shall own all rights, titles, and interests throughout the world in and to the deliverables. All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 15. ADVERTISING. The Proposer shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 18 16. NO CONTINGENT FEES. The Proposer warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Proposer for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Proposer, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. GRATUITIES. The City may, by written notice to the Proposer, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Proposer or any agent or representative of the Proposer to any officer or employee of the City 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 canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Proposer in providing such gratuities. 18. ASSIGNMENT-DELEGATION. The Contract shall be binding upon and enure to the benefit of the City and the Proposer and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Proposer without the prior written consent of the City. Any attempted assignment or delegation by the Proposer shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto, it being the intention of the parties that there be no third party beneficiaries to the Contract. 19. WAIVER. No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Proposer or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 20. MODIFICATIONS. The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Proposer's invoice, order or other documents shall have any force or effect to change the terms, covenants, and conditions of the Contract. 21. INTERPRETATION. The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement 19 or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 22. JURISDICTION AND VENUE. The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Williamson County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 20 Section III Scope of Service 21 SECTION III. SCOPE OF SERVICE The selected Construction Manager at Risk is to assist the City and its Architect during the Design and Construction Documents phases,and to build the Project thereafter as a Construction Manager at Risk. Construction of site work may begin before the final set of building plans are completed. This may be of importance to meet the schedule of completion. Specific services anticipated of the CMAR include,but are not limited to the following: PRE-CONSTRUCTION PHASE SERVICES: The intent of the Pre-Construction services phase is to work with the project's Owner,Engineer(s), to help deliver a satisfactory project that meets the Owner's objectives. In addition to estimating, the pre-construction team will participate in design decisions, evaluations, studies, value Architecting, value analysis, scheduling, constructability reviews, and more. Design costs, permitting, land acquisition, and life-cycle costs may also be evaluated. In delivering pre- construction services, the Construction Manager will also be negotiating for project construction services and an agreed upon guaranteed maximum price (GMP) for the project. Scope of services listed: A.Work Package 1 Phase 2 Transportation A. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). B. Consult with the Owner and Engineer regarding site use and improvements, and the selection of materials, and equipment. C. Provide recommendations on construction feasibility, time requirements for procurement, installation, and construction completion and factors related to construction cost, including estimates of alternative designs or materials,preliminary budgets, and possible cost savings. D. Prepare for the review of the Engineer and approval of the Owner a preliminary cost estimate utilizing linear feet, square feet, or similar conceptual estimating techniques. E. Prepare, and periodically update, a preliminary Project schedule for the Engineer's review and the Owner's approval. Coordinate and integrate the schedule with the services and activities of the Owner,Engineer, and Construction Manager. F. When 30%Design Documents have been prepared,prepare for the review of the Engineer and approval of the Owner, a detailed estimate with supporting data; periodically update and refine this estimate. If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget,the Construction Manager shall make appropriate recommendations. G. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. H. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. I. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 65%Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. 22 B.Work Package 2 Phase 3 Fleet Services J. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). K. Consult with the Owner and Engineer regarding site use and improvements, and the selection of materials, and equipment. L. Provide recommendations on construction feasibility,time requirements for procurement, installation, and construction completion and factors related to construction cost, including estimates of alternative designs or materials,preliminary budgets, and possible cost savings. M. Prepare for the review of the Engineer and approval of the Owner a preliminary cost estimate utilizing linear feet, square feet, or similar conceptual estimating techniques. N. Prepare, and periodically update, a preliminary Project schedule for the Engineer's review and the Owner's approval. Coordinate and integrate the schedule with the services and activities of the Owner, Engineer, and Construction Manager. O. When 30%Design Documents have been prepared,prepare for the review of the Engineer and approval of the Owner, a detailed estimate with supporting data; periodically update and refine this estimate. If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget,the Construction Manager shall make appropriate recommendations. P. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. Q. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. R. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 65%Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. C.Work Package 3 Phase 4 Facility Maintenance and Admin S. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). T. Consult with the Owner and Engineer regarding site use and improvements, and the selection of materials, and equipment. U. Provide recommendations on construction feasibility,time requirements for procurement, installation, and construction completion and factors related to construction cost, including estimates of alternative designs or materials,preliminary budgets, and possible cost savings. V. Prepare for the review of the Engineer and approval of the Owner a preliminary cost estimate utilizing linear feet, square feet, or similar conceptual estimating techniques. W. Prepare, and periodically update, a preliminary Project schedule for the Engineer's review and the Owner's approval. Coordinate and integrate the schedule with the services and activities of the Owner, Engineer, and Construction Manager. X. When 30%Design Documents have been prepared,prepare for the review of the Engineer and approval of the Owner, a detailed estimate with supporting data; periodically update and refine this estimate. If any estimate submitted to the Owner 23 exceeds previously approved estimates or the Owner's budget, the Construction Manager shall make appropriate recommendations. Y. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. Z. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. AA. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 65% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. 24 CONSTRUCTION PHASE SERVICES: A. Work Package 1 Phase 2 Transportation Construction • Obtain contractor required permits • Mobilization and construction preparation • Required preconstruction submittals • Preconstruction meetings • Manage, coordinate, and direct all subcontractors in the execution of the work • Attend meetings as necessary, provide written reports • Provide cost control and value management • Assure quality and completeness of the work with continued on-site and office support monitoring and inspections • Maintain job safety measures • Comply with all regulatory and agency requirements • Maintain project schedule, provide weekly updates • Perform all fiduciary and insurance responsibilities • Facilitate all systems commissioning • Procure and manage installation of CFCI and OFCI items listed in documents • Deliver the Work of the project within guaranteed maximum price B. Work Package 2 Phase 3 Fleet Services Construction • Obtain contractor required permits • Mobilization and construction preparation • Required preconstruction submittals • Preconstruction meetings • Manage, coordinate, and direct all subcontractors in the execution of the work • Attend meetings as necessary, provide written reports • Provide cost control and value management • Assure quality and completeness of the work with continued on-site and office support monitoring and inspections • Maintain job safety measures • Comply with all regulatory and agency requirements • Maintain project schedule, provide weekly updates • Perform all fiduciary and insurance responsibilities • Facilitate all systems commissioning • Procure and manage installation of CFCI and OFCI items listed in documents • Deliver the Work of the project within guaranteed maximum price C. Work Package 3 Phase 4 Facility Maintenance and Admin Construction • Obtain contractor required permits • Mobilization and construction preparation • Required preconstruction submittals • Preconstruction meetings • Manage, coordinate, and direct all subcontractors in the execution of the work 25 • Attend meetings as necessary, provide written reports • Provide cost control and value management • Assure quality and completeness of the work with continued on-site and office support monitoring and inspections • Maintain job safety measures • Comply with all regulatory and agency requirements • Maintain project schedule, provide weekly updates • Perform all fiduciary and insurance responsibilities • Facilitate all systems commissioning • Procure and manage installation of CFCI and OFCI items listed in documents • Deliver the Work of the project within guaranteed maximum price CONSTRUCTION PHASE SERVICES CONTINUED: • Perform all warranty service for at least 1 year following project completion except where longer periods apply • Provide all closeout documents SCOPE RELATED SCHEDULE: A. The initial schedule for the Project is, see Schedule Section IV, Exhibit A B. The estimated time for Preconstruction Services is 18 Months. C. Estimated allowable time for cost estimating services is 3 Weeks per submittal. D. The estimated time for Construction Services is 48 Months. 26 Section IV Exhibits 27 SECTION IV. EXHIBITS • Exhibit A Description of Project Project Overview and Sequence (Initial) Project Schedule (Initial) • Exhibit B Construction Manager at Risk Response Form (Qualification Questionnaire) • Exhibit C Selection Criteria Proposal Cost Form • Exhibit D Form of Agreement; General Conditions, 00900 Special Conditions for CMAR D.1 Performance and Payment Bond D.2 Certificate of Liability Insurance 28 EXHIBIT A Description of Project 29 EXHIBIT A —Description of Project Project Title: Bob Bennett Phases II, III, and IV Location of Work: Work Package 1-Phase 2: (Northeast) 900 Luther Peterson PI, Round Rock, TX 78665 Work Package 2-Phase 3: (Northwest) 910 Luther Peterson PI, Round Rock, TX 78665 Work Package 3-Phase 4: (Southwest) 901 Luther Peterson PI, Round Rock, TX 78665 Project Description: The CORR, along with Jacobs Engineering, developed a Master Plan of all phases to create the Bob Bennett Complex (BBC)—a single campus that contains Administrative Office and Departmental Shop functions for Utility and Environmental Engineering (EU), Transportation (T), and General Services Fleet Maintenance, Facility Maintenance, and Administrative departments. The Master Plan envisioned a 20-year growth plan accomplished in three phases. Phase 1 of the Master Plan was completed in 2019 and included all functions for the Utility and Environmental group and the engineering services for Transportation. The scope of services will review and update the Master Plan to verify all groups and functions are accommodated. The Master Plan will address City needs beyond the original 2035 long term goals as the City's growth rates have exceeded the original master plan goals. The planning date will be determined during the Master Plan update. From this Master Plan phases 2, 3, and 4 will be designed and built over the following 5 to 7 years to eventually complete the full Bob Bennett Complex (BBC). The look and feel of all phases of the design will be consistent with the Phase 1 facility. Work Package 1-Phase 2 Transportation and Utilities UTILITIES AND ENVIRONMENTAL SERVICES Total Utility Shop Area/Heated Storage: 7,764 SF Total Secure Storage/Warehouse: 9,600 SF Total Exterior Storage Covered (Solar): 8,800 SF Subtotal Building Areas: 26,164 SF Subtotal Site Areas: 48,500 SF - Total exterior area. Yard storage and material bins (plus 25% circulation factor) TRANSPORTATION Total Office and Support Areas: 13,549 SF - Office spaces, conference room, meeting rooms, huddle rooms, multipurpose room, break room, restrooms, locker/mud rooms, and fitness area. Total Shop Areas: 3,960 SF Total Secure Storage/Warehouse: 4,400 SF Total Exterior Storage Covered: 9,450 SF Total Exterior Storage Covered (Solar): 8,400 SF Subtotal Building Area: 39,759 SF Total Exterior Area: 173,710 SF - Fleet parking material storage (plus 25% circulation factor. 30 Work Package 1-Phase 2 continued... TRANSPORTATION FUELING ISLAND Concrete Fueling Island (10" Concrete) Bollards (Equipment Protection) Miscellaneous (SW3P, Excavation, Pavement Marking, etc) I OK Gallon Tank/Fueling Equipment (on-site) Unleaded I OK Gallon Tank/Fueling Equipment (on-site) Diesel 4K Gallon Tank/Fueling Equipment (on-site) DEF Fueling Monitoring Equipment Unleaded Fueling Monitoring Equipment Diesel Electrical Connection(Panel Circuit, Ground, Shutoff Switch Connection) 250' Trench, Conduits, Conductors Grounding System 50' x 60' (3000 SF) Fueling Island Canopy with lights and gutters. Total Exterior Area: 12,500 SF - Drive Circulation, Pavement markings Work Package 2-Phase 3 General Services Fleet Maintenance: Total Office and Support Areas: 5,370 SF - Supervisor offices, training rooms, breakrooms, restrooms, and locker rooms with shower facilities. Total Shop Areas: 41,568 SF -4 large heavy duty repair bays (for Fire Apparatus), 16 light duty bays for trucks, vans, and cars, and a smaller workshop for MOW (Maintenance of Way) small engine repairs. Total Covered Storage: 9,450 SF Subtotal Building Areas: 56,388 SF Total Exterior Area: 173,514 SF - Yard storage fleet parking (plus 50% circulation factor) Work Package 3-Phase 4 General Services Facility Maintenance and Administration FACILITY MAINTENANCE Total Office and Support Areas: 5,568 SF - Office spaces, conference and huddle rooms, breakrooms, restrooms. Total Shop and Support Areas: 6,480 SF. Total Secure Storage/Warehouses: 2,200 SF. Subtotal Building Areas: 14,248 SF Total Exterior Area: 37,572 SF - Yard Storage and Parking (plus 50% circulation factor) ADMINISTRATION Total Offices and Support Areas: 4,930 Sf- Office spaces, conference and huddle rooms, breakrooms, restrooms. Subtotal Building Areas: 4,930 SF. Total Exterior Area: 25,872 SF - Parking (plus 50% circulation factor) Period of Performance: See Schedule Attachment. 31 Budget: Work Package 1-Phase 2: $18,000,000 Work Package 2-Phase 3: $23,000,000 Work Package 3-Phase 4: $7,000,000 loth•,P•to,son }t' Gr••wb•k Op Phase 2 � Phase 3 910 LP p� Public Works? Q6 1�., z rOF Shop/Vud/Wash t�` Round Ro ` O`port CtrIL D mss. Phase 4 Luther Peterson Gr••nb•It 1 LP 4 1 32 N�i3;��TC��i -� ,Ix r--•r •-•:� off - aye r dO .0 IAAMSP6"A110M 4n. , a iutlra�[tEasr�rxrn * l Figure 1.1 -Anticinated Phase 2 Plan PWA"3 .n.s. .oral w*cwra 4 rte:, Y Phase 4 Fiaure 1 ,2 - Anticioated Phase 3 Plan and Phase 4 33 Exhibit A Initial Project Start Date: 4/4/2024 Schedule Project Name: Bob Bennett Phases 2, 3, 4 # Activity Assigned Start End 1 Bob Bennett Phase 2 Transportation 6/1/2024 6/1/2026 1 RFP-CMAR (Pre-Construction) 21 days 5/17/2024 6/7/2024 RFP-CMAR 3 weeks 6/10/2024 6/28/2024 Review/Score/Interviews RFP-CMAR Legal Contract CORR 3 weeks 7/1/2024 7/19/2024 RFP-CMAR Council Approval 3 weeks 7/22/2024 8/12/2024 Pre-Design ALL PHASES: 1A Programming/Conceptual 10 weeks 6/1/2024 8/15/2024 Design/ROM Cost Estimate CMAR Review/ROM Cost Estimate i l 1B City Review 2 weeks 8/16/2024 8/31/2024 I 1 C 30% Drawings and BOD for 6 weeks 9/1/2024 10/16/2024 Review CMAR Review/Cost Estimate ID City Review 2 weeks 10/17/2024 10/31/2024 1E 65% Design Development: 10 weeks 11/1/2024 1/16/2025 Design Plans/Specifications 34 1 F City Review 2 weeks 1/17/2025 1/31/2025 a. 3 weeks bidding b. 1 week CM draft Bid/Set GMP/GMP GMP 1 G Review/Acceptance: c. 1 week GMP 1/17/2025 4/17/2025 review and finalize d. 6 weeks agreements and award 1 H 95% Design Development: 12 weeks 1/31/2025 4/30/2025 Design Plans/Specifications 11 City Review 2 weeks 5/11/2025 5/15/2025 1 100% Issue for Construction: 2 weeks 5/16/2025 5/31/2025 Sealed Plans/Specifications Construction: CMAR 1 K Construction 12 Months 6/1/2025 6/1/2026 Coordination/Support 2 Bob Bennett Phase 3 General Services Fleet Maintenance 41112025 21112028 2A 30% Drawings and BOD for 8 weeks 4/17/2025 6/15/2025 Review CMAR Review/Cost Estimate 213 City Review 2 weeks 6/15/2025 6/30/2025 65% Design Development: 2C Design Plans/Specifications 12 weeks 7/1/2025 9/30/2025 2D City Review 2 weeks 10/11/2025 10/16/2025 a. 3 weeks bidding Bid/Set GMP/GMP b. 1 week CM draft 2F Review/Acceptance: GMP 9/30/2025 1/31/2026 c. 1 week GMP review and finalize d. 6 weeks 35 agreements and award 2F 95% Design Development: 14 weeks 9/30/2025 1/16/2026 Design Plans/Specifications 2G City Review 2 weeks 1/16/2026 2/1/2026 2H 100% Issue for Construction: 2 weeks 2/1/2026 2/15/2026 Sealed Plans/Specifications Construction: CMAR 21 Construction 24 Months 7/1/2026 7/1/2028 Coordination/Support 3 Bob Bennett Phase 4 General Services Facility Maintenance/Admin 2/1/2026 9/30/2027 3A 30% Drawings and BOD for 5 weeks 2/1/2026 3/11/2026 Review CMAR Review/Cost Estimate 313 City Review 2 weeks 3/11/2026 3/31/2026 3C 65% Design Development: 7 weeks 3/31/2026 5/20/2026 Design Plans/Specifications 3D City Review 2 weeks 5/20/2026 5/31/2026 a. 3 weeks bidding b. 1 week CM draft Bid/Set GMP/GMP GMP 3E Review/Acceptance: c. 1 week GMP 5/1/2026 7/31/2026 review and finalize d. 6 weeks agreements and award 3F 95% Design Development: 12 weeks 6/1/2026 8/31/2026 Design Plans/Specifications 3G City Review 2 weeks 8/31/2026 9/15/2026 36 3H 100% Issue for Construction: 2 weeks 9/15/2026 10/1/2026 Sealed Plans/Specifications Construction: CMAR 31 Construction 12 Months 8/1/2028 8/1/2029 Coordination/Support 17 EXHIBIT B Construction Manager at Risk Response Form (Qualification Questionnaire) 39 r ROUND ROCK TEXAS Response to Request for Proposals RFP Solicitation No.: 24-307 June 7, 2024 C i� 1 ( T 1 - ---III I Aij � r 44 • � _^ �y:J �� H E N S E L PHELPS Plan . Build . Manage . d F M L Ln ! U UJ F- Z E Q _ c F c a2 . Z Z a .o m m 0 O C C ro W V •° a 2 M LL> 0 � c0ts � c AO O J m m C N � i C C N m p _ _ — .c •� c � o � � � A W Wi.iOwiiVacna � W EXH I BIT A PROPOSER ORGANIZATION 4 , Lake Georgetown, the water supply source secured by Bob Bennett. EXECUTIVE SUMMARY MORE THAN JUST A PROJECT Hensel Phelps' approach to this and every City of Round Rock procurement is much more than just another project. Over the past several years, the relationship we've built with the City of Round Rock and the General Services Department have led to a strong partnership we hope to sustain for years to come.The people and experience we propose is just a fraction of the commitment that the City can expect from us, today and throughout the life of the project. While we have assembled a highly qualified team of CM-at-Risk professionals, the City can rest assured that our commitment to deliver nothing short of EXCELLENCE comes from the very top of our regional leadership AN UNPARALLELED TEAM OF EXPERT BUILDERS The challenges of this project are primarily centered on having multiple stakeholders, interrelated phases that need to be meticulously planned, and requiring advanced preconstruction efforts as it relates to drafting the best logistics plan with the addition of multiple phased GMPs. For this reason, we have paired Priscilla Norosky and Dymonique Burton to take on the challenge and put in the legwork during preconstruction to arrive at the best solution that achieves all stakeholder goals. DELIVERING EXCELLENCE TO ALL STAKEHOLDERS We are proposing a team that will provide best level of service to the City of Round Rock for this multi-faceted project. Upon review of the program,we are confident that our team can simplify the execution of work and shorten the overall schedule once we have the opportunity to dive into the details and familiarize ourselves with all the individual milestones and deliverables. It's our goal to embed ourselves into the day to day operations of each department, understand their needs, develop a plan that incorporates those needs, and then ultimately optimize the overall program's delivery. HENSEL PHELPS BONDING CAPABILITY AND CAPACITY Hensel Phelps' Dun & Bradstreet number is 06-332-2085 and is rated 5A2. Since 1958, the bonding requirements of Hensel Phelps have been placed with Travelers Casualty and Surety Company. Travelers has never been required to perform under any kind of a bond issued on behalf of the company.The "Best" insurance rating for Hensel Phelps' surety is A++XV. The total bond program is $12 Billion. We have provided a surety letter on page 108 noting our firm's capability to obtain bonding for this specific project. INSURANCE INFORMATION Travelers Casualty& Surety Company is our insurance provider. Please contact Richard Schultz,VP, for more information at the address listed below. Richard Schultz,VP PO Box 173713 Denver, CO 80217 ACCEPTANCE OF REQUIREMENTS AND TERMS Hensel Phelps Construction Co. accepts the requirements and the terms and conditions of this request. We thank you for the opportunity to continue to grow our strong partnership with the City of Round Rock through the successful completion of this important high-profile project. ® 512.834.9848 ® BWinans@henselphelps.com BRADLEY D. WINANS 8326 Cross Park Dr. REGIONAL VICE PRESIDENT O Austin,Texas 78754 QHENSEL PHELPS 4 Plan Build. Manage. EXHIBIT B CONSTRUCTION MANAGER-AT- RISK QUALIFICATION QUESTIONNAIPE Atv *41tzr T ...u. -..:. .. .: ...t:..' . The Round Rock Express baseball team � * agreement made by Bennett. IW AV 'Ar .77 wiI '..K f�a�3 - -4' xf�Ps� .•� r• 10.1 1 # Q � IIIIIIFIIIIII�� - CONTRA COSTA COUNTY EMERGENCY OPERATIONS CENTER 1. FIRM INFORMATION 1.1. Name of Firm: Hensel Phelps Construction Co. 1.2. Address of Principal Office: Southcentral Regional Office 8326 Cross Park Dr. � I► Austin, Texas 78754 1.3. Phone, Fax, and Email: Telephone: 512.834.9848 Facsimile: 512.834.9844 Email: bwinans@henselphelps.com 1.4. Form of Business Organization: Partnership 1.5. Year Founded: 1937 4( 'Q NF~SFL iNRiS� � e. 1.6. Primary Individual to Contact: Bradley D. Winans Regional Vice President bwinans@henselphelps.com 512.834.9848 Secondary point of contact: Erik LaRue Project Development Director ''• _ elarue@henselphelps.com ` 512.468.9533 l 1 QHENSEL PHELPS 7 Plan. Build. Manage. -- -a { a� IE i 'F IME - l VALLEY METRO OPERATIONS & MAINTENANCE CENTER EXPANSION 2. ORGANIZATION 2.1. How many years has your organization 2.6. If the form of your organization is other been in business in its current capacity? than those listed above, describe it and name the principals. Hensel Phelps has been in business for over 86 years in its current capacity Not applicable 2.2. How many years has your organization 2.7. Does your company principally work in the been in business under its present name? Central Texas area? Hensel Phelps has been in business for over 86 Hensel Phelps hasten regional offices located years under its present name throughout the United States. Hensel Phelps' Southcentral Regional Office is located in Under what other or former names has your Austin, Texas and principally works in Central organization operated? Texas. Not applicable 2.8. What is the dollar value of work done in the Central Texas area for the past three year 2.3. If your organization is a corporation, period, and what percentage of your total answer the following: work does this represent? (a) Date of incorporation (b) State of incorporation YEAR ANNUAL REVENUES % OF (c) President's name IN TEXAS PER YEAR NATIONAL (d) Vice President's name(s) (e) Secretary's name • (f) Treasurer's name. 2022 $771,397,985 11.9% Not applicable 2021 $390,969,000 2.9. What percentage of your work in the 2.4. If your organization is a partnership, last five years has been demolition and new answer the following: ground-up construction for municipalities? (a) Date of organization: Of the 91 projects valued at $4.313 completed 1/1/2016 (converted from Corporation) over the last S years for local municipalities, the following have been completed by our (b) Type of partnership: organization: General Partnership Projects including Demolition: 23 projects valued at $2.313 (c) Names of all General Partners: Projects for Ground-Up Construction: Hensel Phelps Parent 1, Inc. & Hensel Phelps 69 projects valued at $2.1B Parent 2, Inc. 2.5. If your organization is individually owned, 2.10. Identify any potential conflicts of answer the following: interest with the City, its Council members (a) Date of organization and employees or with the architects and (b) Name of owner. engineers selected for the Project. Not applicable There are no known conflicts to report with any of the above mentioned parties. QHENSEL PHELPS 9 Plan Build. Manage. !9 r, r• 1 *,3 1 J L M me *I � � ter• .„aa _ a MATA ANDREWS FEDERAL CENTER BUS GARAGE Q EXPERIENCE3. . 3.1. Work over the last ten years: List up to the last five projects constructed by your organization like or similar to the referenced "Project";for each project, provide the name, Project Manager, Superintendent, nature of the project/function of the building, size (SF), location, cost, contractual completion date, actual completion date, Owner and Architect (and their phone numbers and email addresses). In the following pages,we have attached detailed information on a few of the major projects completed by Hensel Phelps within the last ten years. M � I QHENSEL PHELPS 11 Plan. Build. Manage. 3. EXPERIENCE & PAST PERFORMANCE T dpno .l � r - _ .0a -- �I1 i LOCATION: EL PASO WATER UTILITY FIELD OFFICE • .•• & CUSTOMER SERVICE BUILDING SIZE: 53,567 SF The EI Paso Water Field Office and Customer Service (FOCS) Building is a $19,273,000 project consisting of a new PROJECT" 53,567 SF,two-story tilt-wall building. Designed by Mijares- Jeremy Morkovsky Mora Architects, the project includes parking and site improvements on approximately 23 acres.The facility houses _l Kelley SUPERINTENDENT: 11 different departments within EPW, providing upgraded spaces including the open-bay shop areas for equipment CONTRACTUAL maintenance, fabrication shops, bridge crane, customer COMPLETION DATE: services areas with break rooms and conference rooms, January 6,2022 offices, shop and administrative storage spaces. ACTUAL COMPLETION DATE: OWNER: EI Paso Water Utility ARCHITECT: Mijares-Mora May • CONTACT:Gilbert Trejo Architects PHONE:915.594.5597 CONTACT:Jorge Mora EMAIL: gtrejo@epwater.org PHONE:915.542.1591 EMAIL:jmora@mijaresmora.com QHENSEL PHELPS 12 Plan. Build. Manage r-— 3. EXPERIENCE & PAST PERFORMANCE OF- 7� • MONTGOMERY COUNTY MULTI AGENCY Maryland SERVICE PARK COST: S ••S : The $59 million design-build Multi Agency Service Park (MASP) 330,692 Sproject encompasses a total of 330,692 SF of construction including four occupied buildings including services and PROJECTadministrative space, seven open parking structures, two open Jessica Belloni storage structures, one enclosed parking structure, and one enclosed storage structure.The facility collocates service depots SUPERINTENDENT:Dwayne Jones for the Maryland-National Capital Park and Planning Commission (MNCPPC) and Montgomery County Public Schools (MCPS) on CONTRACTUAL a 21-acre tract of land.These facilities serve as material storage COMPLETIONand maintenance structures constructed for the Montgomery February • Department of General Services. ACTUAL COMPLETION DATE: OWNER: Montgomery County ARCHITECT:Giuliani Associates March 9, •17 Department of General Services Architects, Inc. CONTACT: Bassa Davoodpour CONTACT: Mark Giuliani PH ONE: 240.882.0588 PHONE:703.838.6060 EMAIL: rassa.davoodpour@ EMAIL: mlg@gaa.com montgomerycountymd.gov QHENSEL PHELPS 73 Plan Build. Manage EXPERIENCE3. . 00000, gnu = cane' -- �� 0000 r� LOCATION: EL PASO ELECTRIC COMPANY COST: $9,243,277 MONTANA TRAINING CENTER SIZE:13,550 SF The EI Paso Electric (EPE) new Operations and Safety Training Center (OSTC) is a state-of-the-art facility, equipped and designed PROJECT MANAGER: to provide hands-on training for EPE employees to ensure safe Adam McDavittand reliable operations of the EI Paso electrical grid.The OSTC facility is designed as a single-story 13,550 SF training center, • ' that includes three large training classrooms, two medium and .1oseph Busbee three small training rooms, a training bay and testing room, six CONTRACTUAL offices, and a clerk reception area. With the completion of this COMPLETION project, EPE is advancing its mission to provide safe, reliable and November affordable energy to the region. ACTUAL COMPLETION OWNER: EI Paso Electric Company ARCHITECT: Dekker Perich D• CONTACT: David Gamon Sabatini February 3,2023 PHONE: 512.391.1571 CONTACT: Kurt Morton EMAIL: david.gamon@ PHONE:915.208.2359 epelectric.com EMAIL: kurtism@dpsdesign.org QHENSEL PHELPS 14 P.I- Bu,.a Managa i • i 3. EXPERIENCE & PAST PERFORMANCE — LA METRO - DIVISION 16 SOUTHWESTERN LOCATION: Los Angeles, YARD California The Los Angeles County Metropolitan Transportation Authority COST: $176,179,024 (Metro) Division 16: Southwestern Yard (SW Yard) design-build 146,000 project is a new$176 million Metro Light Rail Vehicle (LPV) operations and maintenance facility located in Los Angeles, PROJECT California.The 18-acre that the facilities sit on are less than one Pobert Cruz mile from the Los Angeles International Airport (LAX).The SW Yard consists of five buildings and facilities that accommodate LA Metro staff and other maintenance and service employees Pichard Delacy engaged in general administration, operations, repair and maintenance, and transit security.The LPVs are maintained and CONTRACTUAL inspected onsite at the 146,000-square-foot facility.The track COMPLETION DATE: design, configuration, and site layout support safe and efficient January • 2019 LRV movements for "switching" between tracks and between ACTUAL COMPLETION the SW Yard Facility and the mainline tracks. DATE: January 30,2019 OWNER: Los Angeles County ARCHITECT: Gruen Associates Metropolitan Transportation CONTACT: Debra Gerod Authority P H 0 N E:323.937.4270 CONTACT:Tim Lindholm EMAIL: gerod@gruenassociates. PH ONE:213.922.7297 c o m EMAIL: lindholmt@metro.net QHENSEL PHELPS 75 Plan. Build. Manage. j i 3. EXPERIENCE & PAST PERFORMANCE h _ A I ff, I - - CONTRA COSTA COUNTY • ADMINISTRATION BUILDING & EMERGENCY OPERATIONS CENTER This award winning design-build project features the ground- up construction of two new facilities on different sites in Martinez, California.The new $65 million Administration • _ • • a Building replaces the outdated McBrien Administration Building with a more efficient and community-friendly space. The design-build, four-story, 71,000 SF building houses a variety . of county departments and the Board of Supervisors meeting chamber.The $45 million Emergency Operations Center (EOC) • - • is situated on the county campus at Muir Road and Glacier • • Drive.This design-build,two-story, 38,000 SF building includes • • • training facilities, a gym, office space and consolidates and replaces outdated facilities. • A • • • • • • OWNER: Contra Costa County ARCHITECT: Fentress Architects CONTACT: Eric Angstadt CONTACT:Jeff Olson PHONE: 510.575.5145 PHONE:303.722.5000 EMAIL: eric.angstadt@ EMAIL: olson@fentressbradburn. cao.cccounty.us com QHENSEL PHELPS 16 Plan Build Manage 3. EXPERIENCE & PAST PERFORMANCE 3.2. Provide a complete list of all projects currently in progress and completed within the last three years. Indicate delivery method for projects. Hensel Phelps has ten regional offices located throughout the United States.The projects listed below are currently in progress in Hensel Phelps' Southcentral Regional Office located in Austin, Texas,which will be supporting the City of Round Rock Bob Bennett Building project. DELIVERY COMPLETION PR03ECT NAME CITY METHOD DATE UT Austin Darrell K Royal Texas Memorial Stadium South Austin CM at Risk 2021 End Zone Addition LPSIATerminal Building Modifications Lubbock CM at Risk 2021 701 Rio Austin CM at Risk 2021 LPSIATerminal Apron and Runway 8/26 Rehabilitation Lubbock Design-Bid-Build 2021 Western Currency Facility Expansion Program Fort Worth Design-Bid-Build 2022 EPWU Field Office and Customer Service Building EI Paso Design-Bid-Build 2022 VAAITC Redundant Chiller Austin Design-Build 2022 San Angelo Airport Apron Rehab San Angelo Design-Bid-Build 2022 Port of Galveston - Cruise Terminal 10 Galveston CM at Risk 2022 Round Rock Public Library Round Design-Bid-Build 2022 Rock Travis County Civil and Family Courts Facility Austin Design-Build 2022 Southwest Airline (SWA) HOU Pilot Base Remodel Houston Design-Bid-Build 2022 EPE Montana Training Center -OSTC EI Paso Design-Bid-Build 2023 Southwest Airlines (SWA) HOU Fuel Storage Facilities and Houston Design-Bid-Build 2023 Pipeline Chase Sapphire AUS Pop-Up Lounge Austin CM at Risk 2023 Monroe US Courthouse Monroe Design-Bid-Build 2023 Eldon B. Mahon Courthouse New Prisoner Elevator and Fort Worth Design-Bid-Build 2023 Security Upgrades City of Waco Airport Terminal Modernization Waco Design-Bid-Build 2023 United Airlines Terminal C & E Baggage Handling System Houston CM at Risk 2023 UT Medical Branch at Galveston John Sealy Modernization Galveston CM at Risk 2023 Phase 3 Southwest Airline (SWA) AUS Ramp Expansion Austin Design-Bid-Build 2023 Switch HOU2 POD2 Phase 1 Houston CM at Risk 2024 Port of Galveston - Cruise Terminal 2S Improvements Galveston CM at Risk 2024 Samsung Fab] CUB GCS Taylor CM at Risk 2024 St.Austin Catholic Student Housing Austin CM at Risk In Progress St.Austin Catholic Parish Redevelopment Austin CM at Risk In Progress EPIA Terminal Ceiling & Lighting Improvements EI Paso Design-Bid-Build In Progress Switch Data Center at Round Rock- Phase 1 &2 Round CM at Risk In Progress Rock QHENSEL PHELPS 17 Plan, Build. Manage EXPERIENCE3. . DELIVERY • • PROJECT • . DATE _11111 Providence Health - HVAC Replacement at Covenant Lubbock CM at Risk In Progress Health Children's Hospital Esports Center at The University of Texas at Dallas Richardson CM at Risk In Progress UT Medical Branch League City Campus Expansion Phase 3 League CM at Risk In Progress City EPWU Main Administration Building EI Paso CM at Risk In Progress Apple - Project Capstone, Phase II Austin CM at Risk In Progress Pantex High Explosive Science& Engineering (HESE) Amarillo Design-Bid-Build In Progress Facility San Antonio International Airport (SAT) Terminal A- Ground San Anto- Design-Build In Progress Loading Facility nio Federal Inspection Services (FIS) Renovation and Expansion Houston CM at Risk In Progress Port of Galveston - Cruise Terminal 16 Improvements Galveston CM at Risk In Progress Austin-Bergstrom International Airport (AUS) BJT Austin CM at Risk In Progress Optimization OK National Guard Museum Oklahoma Design-Build In Progress City Waterloo Park Hotel Austin CM at Risk In Progress Southwest Airlines (SWA) HOU West Concourse Expansion Houston CM at Risk In Progress and Baggage Handling System (BHS) UT Arlington Life Sciences Building Renovation & Arlington CM at Risk In Progress Expansion - Phase I "SAN JOAQUINCOUNTY IS VERY APPRECIATIVE OF TEAM WHO PROVIDED THE ,o0' COUNTYAN • • BUILDING, UNDER BUDGET AND AHEAD OF THAT WILL SERVE THE CITIZENS • . SEVERAL GENERATIONS. Gabe Karama Director . . .l Projects County of San .. .uin i. irk QHENSEL PHELPS IB Plan Build. Manage 3. EXPERIENCE & PAST PERFORMANCE 3.3. List the categories of work that your a organization normally performs with its own forces. Would you propose to do any work with your own forces or to bid all work to subcontractors? Hensel Phelps employs more than 1,500 craft personnel nationwide. Our self-work typically comprises 20-25% of the total project scope, and our ability to self-perform is an added assurance that the project will be completed _ ® , on schedule and within budget. Hensel Phelps has the expertise to self-perform the following trades: Structural Excavation and Fill; Concrete - Form, Place and Finish; Masonry; Precast Erection; Carpentry- Rough and Finish; Doors and Hardware; Building Protection Measures and Specialties Installation. It is our intent to , prepare proposal packages for all Cost of Work I A . . elements and publicly solicit proposals. Hensel �1 Phelps may elect to propose on a handful of , those packages in a competitive environment. 3.4. List any subcontractors in which your organization has some ownership and list the categories of work those subcontractors normally perform. P. Hensel Phelps does not have any ownership interest in any subcontractor firm. W "FROM AN OWNERS PERSPECTIVE, r HENSEL t PHELPS' PHILOSOPHY SEEM ED • SI M PLE AT TI M ESP PARTNERSHIP,YET IMPACTFUL; SAFETY FIRST, SMALL • COMMUNITY INVOLVEMENT, / COLLABORATION OF ♦ BUILDING ON TIME ♦ ON SCHEDULE. r Shelita Harper, Senior • • • Officer • Federal Courthouse, • • • QHENSEL PHELPS 19 Plan Build Manage 3.5. CLAIMS AND SUITS 3.5.1. Has your organization ever failed to complete any work awarded? If yes, please explain. Aside from bid protests, Hensel Phelps has never failed to complete a construction contract. Hensel Phelps was awarded a contract to construct a new seismically compliant HVAC system and central plant for the California Department of Corrections and Rehabilitation at the Ironwood Prison. Hensel Phelps started work on the project. West Coast Contracting protested the award of the contract to Hensel Phelps.The Superior Court in San Diego granted the protest and nullified the award to Hensel Phelps.The contract has not been re-awarded as of the date of this submission. 3.5.2 Are there any judgments, claims, arbitration proceedings or suits, pending or outstanding against your organization or its officers? Hensel Phelps is not aware of any pending or outstanding judgments against the Company. Hensel Phelps does not track claims in the ordinary course of business because, ordinarily, they are resolved amicably and rarely, if ever, lead to formal dispute resolution. Hensel Phelps is, however, currently involved in a small number of on-going litigation matters. Such matters are typical to the construction industry and Hensel Phelps is currently engaged in resolving each such matter equitably and efficiently. Details as to each of these matters and the status/resolution is provided below: CASE DESCRIPTION Southern Spear Ironworks, This matter was filed in May 2023 in the United States District Court in the Northern LLC v. Hensel Phelps District of Florida by Southern Spear Ironworks, LLC("SSI"), Hensel Phelps's subcontractor Construction Co.and on the Eglin Air Force Base project in Florida.SSI seeks additional costs for an owner- Travelers Casualty and caused delay that led to price escalation and Covid-related impacts. This matter is Surety,case 3:23-cv-09292 currently stayed pending SST's pursuit of a claim against the owner. Parkinson Construction This matter is a contract dispute filed by a masonry subcontractor, Parkinson. Parkinson Company v. Hensel disputes backcharges issued by Hensel Phelps for costs incurred to supplement Phelps Construction Co. Parkinson's work and is seeking payment of the deducted funds from Hensel Phelps and and Travelers Casualty its surety, Travelers. Hensel Phelps has counterclaims against Parkinson for impacts and and Surety Company,case delays resulting from Parkinson's late performance. 1:22-cv-03277 Jimenez and Rios v.JAG This matter was filed in the United States District Court of Eastern Virginia by two Contractors, Inc.,Guzman employees of JAG Contractors(`JAG"), a Hensel Phelps subcontractor on a hotel project and Hensel Phelps,case in Bethesda, Maryland. The plaintiffs allege that JAG failed to pay them earned wages 1:22-cv-00994 in violation of federal and Maryland law. Pursuant to Maryland law, they allege that Hensel Phelps is jointly and severally liable for damages,attorneys'fees,and costs for the unpaid wages.JAG accepted Hensel Phelps's tender and was defending Hensel Phelps. In February 2023, counsel providing mutual defense ofJAG and Hensel Phelps withdrew from representing Hensel Phelps citing a conflict. Mediation was held in June 2023 and a settlement agreement was reached whereby JAG would pay$80k in direct damages and JAG would pay plaintiff's attorney fees in an amount to be determined later. Hensel Phelps has no obligation to contribute to the settlement payments pursuant to the terms of the agreement.JAG breached the settlement agreement by paying only a portion of the$80k in direct damages due.JAG thereafter filed for bankruptcy and Hensel Phelps asserted a claim against JAG's surety.JAG's surety agreed to fund a settlement in full (remaining direct damages and$120k in plaintiffs attorney's fees)which was accepted by plaintiffs with a settlement agreement executed in March 2024.JAG's surety also agreed to pay for all attorney's fees incurred by Hensel Phelps in this matter. Professional Service This case was filed in federal district court for the Middle District of Florida in April 2022 Industries, Inc.v. Hensel by Professional Services Industries(PSI). PSI was Hensel Phelps'on-site testing services Phelps Construction Co. provider on the Army Reserve Center/Aviation Support Facility at MacDill Air Force Base in and Travelers Casualty Tampa, Florida. PSI is seeking payment for additional work it alleges to have performed and Surety Company,case on the project. Hensel Phelps disputes PSI's entitlement because the alleged additional 8:22-cv-00782 1 work was part of PSI's base scope. The matter is in the early stages of litigation. QHENSEL PHELPS 20 Nan. Build. Manage. 3.5. CLAIMS AND SUITS CASE DESCPIPTION AVL Test Systems, This arbitration was filed in September of 2021 by AVL Test Systems, Inc. (`AVL"),a Inc.v. Hensel Phelps subcontractor for Hensel Phelps on the California Air Resource Board project in California. Construction Co. AVL alleges that it is entitled to recover for additional work performed and for delay impacts. Hensel Phelps strongly disputes the Subcontractor's entitlement to any recovery. This matter is in the early stages of arbitration. 3.5.3. Has your organization filed or been involved in any lawsuits or requested arbitration regarding construction contracts within the last five years? Yes, as is customary throughout the industry, Hensel Phelps has,within the last five years, been the Plaintiff in a small number of construction contract litigation matters. Hensel Phelps works to avoid these situations and, when they do occur, has a strong track record of employing mediation and/ or negotiation to obtain a proactive resolution. Details as to each of these matters and the status/ resolution is provided below. CASE DESCIRIPTION Hensel Phelps This matter was filed on October 2023 in the United States District Court of Maryland Construction Co.v. against Component Assembly Systems("CAS"),a subcontractor to Hensel Phelps Component Assembly on the East Campus Building 3 project in Ft. Meade, Maryland. Hensel Phelps is Systems, Inc.,case 1:23- seeking damages against CAS for impacts to the overall project schedule and for cv-02948 supplementation costs due to CAS's delays and inability to timely perform its scope of work. This matter is in the early stages of discovery. Appeals of Hensel Phelps This matter is an appeal before the Armed Services Board of Contract Appeals. Hensel Construction Co.,ASBCA Phelps and its airfield paving subcontractor are seeking compensation for additional Nos.63316,63397,and work caused by defective specifications and owner changes and impacts on the Army 63398 Reserve Center/Aviation Support Facility at MacDill Air Force Base in Tampa, Florida. The matter is set for hearing in summer 2024. Hensel Phelps This case was filed in district court of Bexor County, Texas on February 4,2022. The Construction Co.v dispute arises from allegations of potential manufacturing/installation defects and/or Samuels Commercial, ballistic glass failure on the City of San Antonio Public Safety Headquarters building. It LLC.,Cause No. is Hensel Phelps's position that the manufacturing/installation defects and/or ballistic 2022CIO2151 glass failure is the responsibility of Samuels and its vendor. Hensel Phelps filed this action to recoup cost of remediation of the defective glass. This matter is in the early stages of discovery. Appeals of Hensel Phelps This matter is an appeal before the Armed Services Board of Contract Appeals in which Construction Co.,ASBCA Hensel Phelps and its wick drain subcontractor are seeking compensation for additional Nos.62311 and 62312 work caused by unanticipated soil conditions on the Army Reserve Center/Aviation Support Facility at MacDill Air Force Base in Tampa, Florida. The matter was heard by the Board in January 2022. The parties are awaiting a decision by the Board. 3.6. Within the last 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 officer or principal with has ever failed to complete a construction contract at Hensel Phelps or with any previous employer QHENSEL PHELPS 21 Plan. Build. Manage. 3. EXPERIENCE & PAST PROJECTS 3.7. Please provide a summary of examples of work that your firm considers exceptional and examples of how your organization provided added value to the Owner and achieve this exceptional work. Also, list the Project Manager, Superintendent and project contact with phone number and email address. Limit response to five (5) pages. The following projects have been listed as examples of work that Hensel Phelps is truly proud of. All three projects were for public agencies that at one time were brand new clients to Hensel Phelps, yet throughout the performance of quality work and taking on a teaming approach, all three have turned into repeat clients for significant future programs. Hensel Phelps has now performed over $425M worth of work for Valley Metro Regional Transportation Authority.The City of Austin and AUS airport are now clients we have worked for more than 14 times,with work valued over $725M, and $573M of that work being under a CM-at- Risk agreement. Last but not least, our relationship with the City of San Antonio has turned into a partnership with work valued at over $1.213, $1B of that work being under a CM-at-Risk agreement. Our well-trained personnel are committed to delivering excellence in all we do. We know client satisfaction depends on our attention to safety, quality, schedule, budget, and creating enjoyable experience from start to finish. That's why Hensel Phelps has an 85% repeat client rate. CMAR PROJECTS OVER THE LAST 20 Over the post 20 YEARS, IN TEXAS years, HenselPhelps has performed . IC - Projects 0Il1O �• at billion • • totaling • Of • - 38 projects were fo • - • public totaling • million • • billion of work for • Qi public agencies. M� to • • • QHENSEL PHELPS 22 Plan. Build. Manage. EXPERIENCE . x CITY OF SAN ANTONIO • • PUBLIC SAFETY HEADQUARTERS • The San Antonio Public Safety Headquarters is a 240,000-square-foot, $S7-million design-build project by Hensel • ••• Phelps and Fentress Architects, with associate architect Lopez • • • Salas.The project consists of a six-story office building and nine- _ •• story parking garage.The buildings realize the City's vision of creating an architecturally striking, centralized, state-of-the-art headquarters that brings together the complex operational _ . • _ programs of both the City's police and fire departments. Additional features include a COMSEC vault,two arms rooms, a petroleum, oil and lubricant (POL) storage area, a fluid • • • distribution room, high bay maintenance spaces,vehicle wash • -•• areas, and fueling stations. ADDED VALUE: • • •• The City of San Antonio has clearly expressed their pleasure with the level of quality witnessed on this project. items such selecting dense exterior stone and carefully positioning each exterior metalpanel so that the metal grains are always facing the same direction has provided the Owner with a consistent appearance to the building's fa4;ade. OHENSEL PHELPS 23 Plan. Build. Manage EXPERIENCE . � Y i$ .yfT' 99 n • -�—.�� mal_ - .� --..,'• �.. LOCATION: Phoenix, VALLEY METRO OPERATIONS COST: $92,281,221 & MAINTENANCE CENTER EXPANSION SF Hensel Phelps was contracted to perform Design-Build �� services on a $92M project for Valley Metro Rail.The PROJECT construction consists of installing additional trackwork, Jim Bo g expanding the Maintenance of Equipment building, expanding the Maintenance of Way building, purchasing • . and installing industrial equipment, supporting systems, Andrew . .wn adding a new Traction Power Substation, and related site development.The renovated buildings will comfortably •WNER:Valley Metro Pail, Inc. house two hundred ten operations personnel, including CONTACT: engineers, mechanics operators, signal technicians, • • 60maintenance staff and communications staff. pfullerCcovalleymetro. • • ADDED VALUE: The weekly, daily, hourly coordination effort undertaken by the construction team and Valley Metro operations team was key to the success delivery of the project and the teams goal of uninterrupted revenue service. The Hensel Phelps construction team fully immersed itself into the Valley Metro operations to allow for the success of both on-going and complicated - • OHENSEL PHELPS 24 Plan. Build. Manage. 3.7. EXPERIENCE - EXCEPTIONAL WORK Mir i A. _ y +w a It a 0 a kA LOCATION: Austin,Texas A A 0 COST: $295M ' ' ' 0 SIZE:178,000 SF '" • • - • •• PROJECT MANAGER: • -• • • - • • - - • - - • Priscilla Norosky �- • • - • • • • . - • . • • SUPERINTENDENT: _ •- • • - • •. - •_ ••-.• • •- Dymonique Burton - • •• -•- • • • • - OWNER:The City of Austin • • • • • - • CONTACT: Ellen-Brunjes Brandt PHONE: 512.530.6620 rA�DED VALUE: EMAIL:ellen.brandt@ austintexas.gov Teaming with the owner has been a common theme throughout this project. One of the most significant examples was an effort to determine how to take three gates out of service to allow for the expansion project. Since the airport is operating at full capacity, they could not afford to lose any gates for any time. We were able to collaborate and create a plan for temporary elevated walkways, adding apron paving upfront, and ultimately opening four temporary gates when we shut down three existing providing a +1 to the airport's operations. '�► �, ��r►\moi►\ �`�� : cif - ilio r ■ 4. FINANCIAL INFORMATION 4.1. Include with the submission the most recent three (3) years of financial statements, preferably audited, including your organization's latest balance sheet and income statement. Hensel Phelps has included financial statements for 2023, 2022, and 2021.The attached information does not need to be returned to Hensel Phelps upon review, however we ask that they be treated as confidential information in the case of any open records requests. The City of Round Rock may dispose of the information as it sees fit. 4.2. Name and address of firm preparing attached financial statement and date thereof. KPMG LLP 122517th Street, Suite. 800 Denver, Colorado 80202 4.3. Is the attached financial statement for the identical organization named under item I above? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent subsidiary). Yes. 4.4. Will the organization whose financial statement is attached act as guarantor of the contract for construction? Yes. 4.5. Provide name, address, and phone number of your financial institution. Bank of America Merrill Lynch 101 S.Tryon Street Charlotte, NC 28255 Phone Number: 888.715.1000 x66999 4.6. Surety: Provide (Insert) bond letter from surety with name of bonding company and name and address of agent. Performance and Payment Bonds for 100% of the construction cost will be required upon submission of the Guaranteed Maximum Price (GMP). Hensel Phelps has included a bond letter from surety on page 108. 4.7. Provide a financial rating of your company and any documentation. Examples of this include a current Dunn and Bradstreet analysis, letter of credit from a commercial bank or other third- party certifying documentation. Hensel Phelps has included a letter of credit from a commercial bank on page 110. QHENSEL PHELPS 27 Plan. Build. Manage. SURETY LETTER Aftk 10825 E Geddes Ave. Phone Number (720)200-8412 TRAVELERSJ Centennial,CO 801124591 Fax Number (720)200-8M June 3,2024 City of Round Rock General Services Department 221 E.Main Street Round Rock,TX 78664 Attn: Richard Will,Building Construction Manager RE: Request for Proposal for Construction Manager at Risk for Bob Bennett Phases H, III,and IV,Round Rock,TX Solicitation Number:24-307 Dear Mr. Will: Travelers Casualty and Surety Company, Hartford, CT, (MAIC #19038, A.M. Best rating A++, XV) a subsidiary of The Travelers Companies,Inc.,has extended surety credit to Hensel Phelps Construction Co. (Hensel Phelps) and its affiliated companies for more than 60 years in connection with contracts aggregating billions of dollars. It is our opinion that Hensel Phelps is one of the most outstanding design- build and general construction organizations in the United States. Their skill, integrity, and financial responsibility are unquestioned. Our established work program for Hensel Phelps authorizes this organization to bid contracts with performance and payment bond obligations up to $350 Million per project as part of a total $12 Billion aggregate backlog of work. Hensel Phelps has sufficient bonding capacity available for the captioned project, coincidentally with current and anticipated workloads. Should you enter into a contract with Hensel Phelps, it is our present intention to provide performance and payment bonds for 100% of the construction cost as required by the contract. Please note this authorization is subject to our standard underwriting throughout the proposal process, including a review of acceptable bond forms, contract financing, contract terms, and other standard underwriting considerations. If you have any questions please contact the surety company or the surety agent: Kris Fox,Travelers Casualty and Surety Company 10825 E Geddes Ave.,Centennial,CO 80112-4591,(800)525-8552 Royal Lovell,Flood and Peterson P.O.Box 578,Greeley,CO 80632,(800)356-2295 Sincerely, Nadezda Chappell,Attorney-in-Fact Travelers Casualty and Surety Company QHENSEL PHELPS 108 Plan Build. Manage SURETY LETTER Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Maine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the'Companies',and that the Companies do hereby make,constitute and appoint Nadezda Chappell of GREELEY , Colorado , their true and lawful Attomey(s)-In-Fact to sign, execute, seal and acknowledge any and all bonds, recognizences, conditional undertakings and other writings obligatory 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. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. • 2 ee State of Connecticut By:_ City of Hartford ss. Robert L.Raneylltenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies. and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June,2026 . p• •t /�Gyl/�I�G XI&,tf� rusuc ! Anna P.Nowik,Notary Public 0 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company s name and seal with the Company's seal bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary',and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fad and Agents pursuant to the power prescribed In his or her certificate or their oertfficates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any,Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificaterelating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attarneysan- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. �,pnrnrlrr,r I, Kevin E. Hughes, the undersigned. Assistant Secretary of efrrofClhe',C r, les, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Com$r ;which•re7fi�r V1 full force and effect. co ✓ 1. Dated this 3rd day of June ,2024 Ve;'• • ��a 3 HARTFORD.i ; coo + ' O '��•� e ser► � ' • �,� �. ,► ,�',,�bol, .•�'4-�, ,(L G.r 'r �"00 1 Kevin E Hughes,Assr tantSecretary To verify the authenlidty of this Power ofAtdvmey,please call us at 1-BOO-421-38M Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power of Attorney is attached. QHENSEL PHELPS 109 Plan. Build. Manage. FINANCIAL RATING BANK OF AMERICA�� Robert W.Springer Commercial Real Estate Banking Senior Vice President 37017 1h Street,Suite 5195 Denver,Colorado 80202 T 303-825-7586 M 720-842-9614 Bob.Springer@BofA.com February 13,2023 To Whom It May Concern Please accept this letter as bank reference for our client: Hensel Phelps Construction Company 4206 th Avenue Greeley,Colorado 80631 Hensel Phelps Construction Company has been a client of Bank of America for well over 10 years and maintains both an excellent credit and depository relationship. The average deposit balance is over 9 digits and credit capacity is largely unused. If there are any questions or additional assistance required, please do not hesitate to contact me at 303-825-7586 or at Bob.Springer@bofa.com. Best Regards, (IV Robert W.Springer Senior Vice President Commercial Real Estate Banking cc:file QHENSEL PHELPS 110 Plan. Build. Manage. INSURANCE LETTER Flood Peterson�w June 3,2024 City of Round Rock General Services Department 221 E.Main Street Round Rock,TX 78664 Attn: Richard Will,Building Construction Manager Re: Request for Proposal for Construction Manager at Risk for Bob Bennett Phases II,III,and IV,Round Rock,TX Solicitation Number: 24-307 Dear Mr. Will: As insurance agent for Hensel Phelps Construction Co.and authorized representative for their carrier,Zurich American Insurance Company,I can verify that Hensel Phelps Construction Co.has the ability to obtain coverage at the limits specified in Section 04— Insurance Requirements of the above referenced RFP,including Commercial General Liability,Automobile Liability,Workers' Compensation and Employer's Liability, Umbrella Liability,and Builder's Risk coverage. Please contact our office if you have questions or additional information is required. Sincerely, h Nadezda Chappell Account Manager 970.356.0123 d floodpeterson.com W QHENSEL PHELPS 171 Plan Build. Manage _ l�l� �• uL•..•.,...t. _... .a.. ii " U Q ui ui J w W 49 Q � •.ansa.•..*.., Q GC W 14 LLI •, .A ` .A'j .r wi ■ m 11� • sAli ■ S. CONSTRUCTION MANAGER AT RISK 5.1. Describe your organization's concepts out to prevent unnecessary course cor- for working in a team relationship with the rections due to incorrect or incomplete Owner and Architect during the design and information. Key in this process will be construction of major projects. establishing a mutual early understanding with the design team of the information Our approach begins with a Preconstruction needed to successfully reach a GMP that is Planning Charrette to identify the goals, within budget and to jointly measure prog- challenges, lines of communication, technology ress as design develops. protocols and responsibilities of the team.This planning session lays the foundation from O• Establishing a Detailed Preconstruction which the team begins to build its cohesion Schedule:This schedule will incorporate key and to elicit buy-in from all members. It is activities of each and every team member anticipated that the results of this kick-off and stakeholder.An integrated schedule meeting will become the framework for that accurately measures progress and pre- regularly scheduled team meetings that dicts outcomes is an effective and necessary measure progress, identify new challenges and communication tool for the entire team. determine course corrections, as needed. One of the main focuses of schedule plan- ning will be determining the breakdown As the CM-at-Risk contractor, Hensel Phelps' and timing of bid packages for each stage of main focus during preconstruction is to the project. In addition, our team will focus support the project team by providing "real- on ensuring that the schedule is built to time" feedback using the latest technologies prominently reflect the key project decisions to facilitate information accessibility in order to and approval milestones necessary to keep allow the owner and the design team to make the project moving forward. timely decisions. O• Developing an Effective Site Utilization In addition to supporting the design team, Plan Considering Safety,Access, Security Hensel Phelps will be focused on pre-planning and Phasing: Information regarding the and preparing our team and the trade public right-of-way, pedestrian and traffic partner community for upcoming purchasing flow surrounding the project and the oper- and construction activities. Pre-planning ational requirements and functions of adja- purchasing involves thoughtful bid packaging, cent buildings will be gathered prior to the through breaking down the scope in order to development of the site utilization plan.The obtain the best value and to foster outreach site utilization plan must be flexible to opti- to maximize small and minority business mize work flow and maintain public safety participation. Construction pre-planning allows through the various phases of the project Hensel Phelps' office personnel the time to when working in either the public right-of- prepare project- and site-specific systems to way or behind the construction fence. control safety, quality, costs and schedule while field personnel develop strategies to build in O• Development of Plan for Utility Modi- efficiencies during the construction phase. fications or Shutdowns:A utility plan will be developed in conjunction with the site Hensel Phelps provides accurate, decision- utilization plan to effectively coordinate ready information through the following any tie-ins or shutdowns with any entities processes: which may be effected. Early planning and coordination with the design team, AHJs O• Establishing a Fixed Budget and Ap- and surrounding stakeholders or neighbors proach to Cost Control. We recognize that must be integrated into the plan to ensure both the owner and design team will be proper communication, advance notice and making numerous decisions based upon smooth transitions. the cost information we provide, and as such, it must be accurate and well thought- QHENSEL PHELPS 113 Plan Build. Manage S. CONSTRUCTION MANAGER AT RISK 5.2. Describe your organization's methods for Hensel Phelps will use the Owner's Schedule estimating costs, and for scheduling during of Values format during the procurement and the design phase. What value does your payment process. We have developed two organization add that other organizations may methods for estimating the cost of a project not be able to provide? during design and construction: In response to our client's needs on fast-paced 1. Our project estimating system is a cost design and construction projects, we have analysis system based on estimating perfected our systems and skills to provide real- building assemblies by comparison to other time continuous cost estimating throughout similar projects and past historical costs.This each phase, and more importantly, track the system is also known as the "Uniformat II" cost as it trends up or down with the design and can produce both system cost estimates between milestone documents. and estimates in CSI breakdown format. As mentioned above, because of the type We also use the MC2 cost estimating system of work we perform across the country, which prices actual quantities of materials coordinating with multiple user groups and (cubic yards of concrete, square feet of forms, setting up the project for multiple GMPs is our etc.) in the CSI format and is used as the standard operating procedure. Our managers design for specific subsystems becomes and superintendents excel at putting work definitive. We use these two systems plans together that integrate interim milestones concurrently during different periods of and partial substantial completion dates to the design sequence to adjust for the return areas back over to the owner for their completeness of available documents.There use. We view the development of our work plan is no substitute for communicating with as secondary and complimentary to the City's the design team throughout the process to operational needs - safety of the public and ensure a complete and accurate GMP. returning spaces back over to the City for their use as early as possible. Molding our work plan 2. Our team is experienced in using the around these constraints is what we do best. Standard Schedule of Values Format, and understand this to be a contract As such, the Hensel Phelps team will work in requirement during the procurement and conjunction with the design team and the payment process.The use of our Financial Owner as the design progresses,tracking Status Report and the Schedule of Values revisions with our Trend Estimating process has proven to be an effective system to and recording them in the Trend Estimate keep all parties aligned in regards to buyout Log.This log will show the status of each trend status, buyout savings, scope enhancements, estimate and allows for the most recent and and tracking of final project costs. relevant cost information to be considered as design decisions are being made.To increase accuracy and verify that all scope has been 5.3. It is anticipated that the GMP will be identified along the way,we will re-baseline at furnished prior to completion of construction each milestone and continue trending from the documents. Is this acceptable to you? new baseline. Once the design is sufficiently complete, typically at the design document Yes. We anticipate multiple GMPs at various (DD) stage, Hensel Phelps will provide a GMP to stages of the project and we are prepared to the Owner in CSI format utilizing our historical deliver a GMP to the City in a way that supports cost and parametric estimating techniques. the City's overall schedule. QHENSEL PHELPS 114 Plan Build Manage S. CONSTRUCTION 5.4. Describe your organization's approach to by maintaining an open dialogue between Savings:All Savings are to be returned to the our team members and the A/E team. Only City (Owner of project). Does your organization through constant communication can we agree with this concept? How will you work expect to understand the design intent and to assure savings are provided back to the direction, express our expectations regarding Owner? the level of information at each stage of the design documents and foster an environment We agree with the concept of returning the where collaboration is the vehicle whereby all savings to the owner as early as possible.The team members strive to avoid surprises. tool we utilize to communicate the status of The second factor is infinitely more complex. savings with the owner is our Financial Status However, through our relationship with the Report (FSR). market, Hensel Phelps maintains rigorous cost control and project accounting systems that are Financial Status Report (FSR):After estab- critical to accurately track current costs, forecast lishing the GMP and during the purchasing final costs and provide real-time financial status process, we use the FSR to communicate the of the project at anytime. Our cost control status of the buyout process.The FSR sepa- begins immediately with award of the work rates values within the estimate into specific and the establishment of an initial baseline trade packages. We compare trade,vendor estimate.After establishing the baseline and self-performed contract values against the estimate,we use several important tools to estimated project budgets.The FSR communi- ensure costs are controlled and projected cates in real-time the percentage of the project accurately throughout the project.These tools under subcontract, the delta between budget include our proprietary trend estimate process; values and final subcontract values, as well as the design action log; interim milestone the status of the project contingency.The FSR estimates and variance reports; the GMP also captures approved, pending and forecast- estimate; and financial status reports. A more ed changes,whether internal to Hensel Phelps detailed explanation of these tools is included or owner-related. We update the FSR weekly, within Item 5.6. providing the project team current and accu- rate financial information to support the design completion as well as construction execution. By constantly communicating the status of the budget with the owner, plans can be made earlier in the project to execute Add Alternates, Team Meeting add scope to the project, re-introduce previously value engineered concepts, etc without posing a delay to the overall project. Discovery Sequencing Constructability 5.5. Contingencies: Describe your organization's concept for estimating cost Scope Definition contingencies during design and during construction. Budget Validation Contingencies as they relate to construction cost estimates are a measure of risk between TeamMeeting two key factors: (1) the level of detail and quality of information provided in the design Real-Time documents, and (2) the stability of the Collaboration marketplace. The first of these factors we attempt to mitigate QHENSEL PHELPS 115 Plan. Build. Manage. S. CONSTRUCTION MANAGER AT RISK 5.6. Cost Information:Your firm would be required to make all cost information during design and construction available to Owner and Architect. Describe how this information would be furnished and how the Owner and Architect would be assured that it is complete ` and accurate. P' Baseline Estimate:The baseline estimate is established using the Owner's Project , Requirements (OPR) in conjunction with Hensel Phelps' construction expertise, market knowledge and rich historic cost data.The initial baseline estimate is reviewed with the City of Round Rock to validate conformance with the OPR, schedule requirements and factors influencing the cost.After review, any necessary adjustments are made, and it becomes the baseline estimate. �. Trend Estimates/Trend Logs:Our proprietary Trend Estimate Process updates the estimate in real-time by tracking all scope changes that arise during the design process between the milestone document/estimate deliverables.The project design evolves as a result of discussions at meetings, interim drawing reviews, design discipline coordination meetings and other normal course of business events that occur during the evolution of design.Trend estimates analyze cost, scope and quality impacts, which - t` in turn provide a real-time communication tool to the team. This tool gives the owner decision-ready information to approve or reject design decisions based on the impact those decisions have on the project scope, budget and schedule. Using our trend estimating process in real-time mitigates the potential for PHELPS delaying the progress of the design or causing CONSISTENTLY • • • redesign.The goal of the trend process is to AHIGH F TECHNICAL control and provide an accurate forecast of theLEVEL • final project cost throughout the course of the EXPERTISE, DETAILED AND design evolution and in between milestone TRANSPARENT estimates.The success of the trend estimating TRACKING, AND AN UNCOMMON process is measured by comparing the baseline estimate, including all approved trends, to the SPIRIT OF • • • N AND new milestone estimate using variance reports. COMMITMENT TO PROJECT - John Koster, Project . . . - Judicial Council of California QHENSEL PHELPS 116 Pian Build. Manage. S. CONSTRUCTION Design Action Log:The Design Action Log (DAL) captures items discussed by the project team that modify the design, such as RFP compliance items, an accepted alternate/trend item or issues identified through constructibility reviews.The purpose of the log is to ensure all design-related issues and requirements have been captured and incorporated into the completed documents which reduces the potential for cost overages, redesign, schedule delays and claims. Milestone Estimates and Variance Reports: Hensel Phelps is unsurpassed in its ability to establish and maintain accurate GMP estimates. At every milestone estimate until GMP approval, we run a variance report that identifies over/under amounts for each scope of work. From this, we analyze changes and opportunities to mitigate deviations.Typically these deviations are minimal because of the use of our Trend Estimate Log and Design Action Log which resolve these issues prior to issuance of the milestone estimate.These reports validate the accuracy of trend estimating process on an interim Hensel Phelps' Cost Control Systems 2 1 Cost Control basis as we approach GMP. GMP Estimate:The GMP Estimate can be established at any point in the preconstruction phase that the owner may require. Based on our use of Trend Logs and Milestone Estimates,there are no surprises at the time of GMP. Our Project Manager, Priscilla Norosky, and Superintendent, Dymonique Burton, understand that a GMP is the final cost of the project, not a starting point to begin the change order process as the design completes.As risk is eliminated, we work with the City of Round Rock to return contingency funds allowing for additional scope or other uses as the City of Round Rock sees fit. And finally, the Financial Status Report (FSR) which we have described in the previous response to item 5.4 Cost Estimating Methodology FC3 nnnn -- IDENTIFY+/- BUDGETESTIMATE CHANGES TO SCO CLARIFY EXTENT OF CHANGE 4007 d11- *4P REVISED BUDGET SUMMARY OF PRICE THE CHANGE ESTIMATE DGET CHANGES OWNER APPROVAL QHENSEL PHELPS 117 Plan Build. Manage S. CONSTRUCTION MANAGER AT RISK ' Held prior to subcontracting to ensure the subcontractor is qualified to perform the work and has a complete,coordinated scope.The OC process and Expectations are communicated and agreed to by all parties. 2 _ • Held immediately after subcontracting to ensure that the subcontractor's project management team understands the project specific administration and field coordination requirements.Emphasis is placed on submittals and the other prerequisites to ' the Preparatory Meeting. Held prior to the start of construction of each definable feature of work.This meeting is required to ensure the foreman, 3 " • • directly responsible for supervising the work,understands the contract documents and job-site coordination requirements. • Upon successful completion of the Preparatory Meeting,the trade is authorized to install one representative sample of the work for the initial inspection. 4 Performed on the first representative sample of work.All materials are checked against approved submittals and the expected standard of workmanship is communicated.Once all deficiencies are corrected and the work is approved,the crew is • • authorized to begin full production. j • • • Performed periodically to ensure that the level of workmanship is being maintained.Project specific checklists are developed • _ for each work element to increase the effectiveness of the inspections. This is a three step process consisting of In-House,Pre-Final,and Final Inspections.The In-House inspection is performed by 6 Hensel Phelps,while the Pre-Final and Final inspections are performed jointly with the Owner's Representative.All inspections are documented with a state-of-the-art web based documentation system named"Compliance Wise"This system enables punch-list items to be compiled and coordinated in the field using hand held computer tablets which bi-directionally synchronize with the master list.The real time status of the punch-list can be accessed by all stakeholders via the Internet. • • • • • • • • • • -• • - 00- •. • • - •-• • - .•- •. S. CONSTRUCTION STEP 3: PREPARATORY MEETING on our own without argument or the need for A Preparatory Meeting is held one to two weeks direction.The ultimate measure of quality is prior to the start of each DFOW.The purpose to meet or exceed the project requirements. of this meeting is to ensure that the foreman Our Hensel Phelps Six-Step Quality/Safety directly supervising the work understands Program gives specific directives for each the requirements of the contract documents. definable feature of work.Any non-conforming At this meeting, the contract drawings work will be brought up to specification and to and specifications are reviewed along the City of Round Rock's satisfaction.These items manufacturer's installation instructions.The are tracked on a deficiency log to indicate Area Hazard (AHA) is also reviewed to ensure their need for correction.This log is then that the foreman has considered the safety communicated during Owner/Architect/ requirements in this preinstallation meeting. Contractor (OAC) meetings to ensure the entire This meeting is repeated if the trade partner team is made aware of the issues requiring foreman is replaced or if quality issues arise. correction. Each item is tracked continuously until corrective action is complete and the item STEP 4: INITIAL INSPECTION is closed. The Initial Inspection establishes the quality standard and assures that the crew understands the correct installation methods and the required finished product, and validates the AHA procedures are adequate, understood and being utilized. Owner and design team members attend these inspections as necessary. STEP 5: FOLLOW-UP INSPECTION Once the installation crew understands the requirements, the production work should only require periodic Follow-up Inspection. These inspections should be based upon the guidelines and criteria established in the Initial Inspection step. STEP 6: FINAL ACCEPTANCE :. The Final Acceptance step occurs at the conclusion of the DFOW. The Final Inspection must be performed prior to the installation crew's demobilization from the work area. As a part of the commissioning and closeout process, the punchlist process is initiated and utilized following Hensel Phelps' final acceptance.The project team, including the Owner, A/E team and Hensel Phelps will 3 - determine the best method for reviewing and f ,`t ;v..... , signing off on these items. Our Six-Step Quality/Safety Program is enforced - for all subcontractors.The program holds the craftperson to the required specifications as �+ a measure of acceptance. Hensel Phelps will never defend poor quality.Through our process, we will correct any identified quality problem QHENSEL PHELPS 119 Plan Build. Manage S. CONSTRUCTION 5.8. Describe your organization's experience, prior to and with BIM, it is these upfront use, and personnel related to the use of partnering sessions that set the project up Building Information Modeling (BIM). How has for success.At these sessions we outline the your organization leveraged BIM to be more expectations, software platforms, collaboration effective and efficient? space, and the frequency of milestone touch points, so that maximum transparency can Hensel Phelps has a long-standing record be maintained amongst all members of the of performance with Building Information team. Our software allows the engagement Modeling beyond the baseline use cases of all parties into a collaborative space where for MEP coordination. With Hensel Phelps, the information is shared instantly with all BIM is fundamentally less of a technology members.The assets can be viewed through and more of a language designed for an passive viewing on a computer, immersive elevated form of communication. Thoughts experiences in virtual reality, or active and ideas are represented in geometry and engagement in augmented reality. Engaging the geometry translates itself rather than with BIM early on sets the project on course for the individuals undergoing the process of success and allows us to fully implement our listening, interpreting, and comprehending. Virtual Design, Construction, and Operations The process encourages creativity and (VDCO) processes.VDCO is the fundamental provides the opportunity for team members to process within Hensel Phelps that prototypes understand and bring value to the project early the construction in a virtual world thus allowing by communicating through BIM so that we scheduling, coordination, design, safety, and can deliver more than a coordinated 3D model quality to be validated prior to work going in and provide the data that brings value to the place.A high return on investment is realized project, building, and the Owner. through a reduction in re-work and waste, cost control from optimum schedule performance, We undertake this through a series of meetings streamlining of the commissioning and to identify the limitations, requirements, turnover to stabilized occupancy, and a needs of everyone on the team.Through reduction in warranty issues. our many years of experience in CM at Risk, J QHENSEL PHELPS 120 Plan. Build. Manage S. CONSTRUCTION As changes do occur through the life of the construction process,we have a variety of effective tools that ensure the documentation being delivered is correct. Specially, we utilize augmented reality solutions to validate installation from control or deploy laser scanners to as-built installed work. If deviations are found,we then direct the controlling trade partner to update their items in the model so that it can be reflected in the final as-built set. If there are changes to equipment and the properties associated with those assets, those are changed as well.All data associated with those assets are then allocated, embedded, and cataloged for transmission.Additionally,the data is then enhanced as we go through the commissioning process to include the supplementary information required for maintenance and warranty thus ensuring a smoother transition into stabilized occupancy.As this data is cataloged as embedded information in the models as well as a database, we can ensure that we are providing an industry standardized and agnostic deliverable that is able to link to the Owner's CMMS. While BIM was originally created to be a construction coordination tool in the field, Hensel Phelps believes it's most powerful when fully embraced during the design and preconstruction periods. Our team will perform constructibility reviews within the model as well as on 2D drawing sets, providing a comprehensive review of all the potential risks, clashes, and challenges we could face once construction has started. AUSTINLIT SCHOOL Now %i As part of the VDCO process, the Design Models provided for use were cross checked .•. - Construction Documents. discovered that the Design Model did not '" Ut! 1111take into the account the annotated slopes or Phelpsbeam schedules into the modeled geometry. Hensel able to modify geometry to meet the design intent and thus properly •• • ' systems to the correct structure and required system slopes. UTMB LEAGUE CITY EXPANSION LEAGUE CITY, TXf As part of - Building build out scope, numberHensel Phelps worked with the Architect to provide laser scans of the existing space that the Architect then used as the basis for the Ob IL, creation of the Construction Documents and Drawings. This saved several weeks of drafting efforts and ensured that the Design Drawings were coordinated with the existing conditions. Further benefits were realized with a reduced of PFIs or • - conflicts Trade Coordination. QHENSEL PHELPS 121 Plan. Build. Manage. S. CONSTRUCTION MANAGER AT RISK 5.9. Describe your organization's approach to 3. A performance bond is a three-party agree- subcontractor bonds, subcontractor default ment between the principal (subcontractor), insurance (SDI), or other related programs. In the obligee (the CM), and the surety.The your response include information on thresh- surety agrees via the bond to answer for the olds, how your program provides a benefit to Subcontractor's default in performance. Any the owner, and the approximate cost for the damaged party may make a claim. In con- program. trast, SDI is a two-party agreement between the insured Subcontractor and the insurer Hensel Phelps' approach to subcontract guaran- in which the insurer undertakes to indemni- tees,which is a direct result of our comprehen- fy the insured against loss resulting from a sive Corporate Risk Mitigation Policy created for contingent default. SDI only protects against the benefit of our client's projects, is to require costs resulting from subcontractor default payment and performance bonds for subcon- and does not guarantee performance. tracts and purchase agreements valued at over $100,000. In today's exceptionally busy construction market, we find even more value in bonds. It's We would propose for this cost to be covered during busy markets when most failures are within cost of work in an open-book fashion. In seen in the construction industry as compa- our experience 1.00%to 1.5% of the value of the nies are tempted to over-commit during fruit- Cost of Work is an adequate budget to set aside ful times. When subcontractors know they are for subcontractor bonds, depending on the pursuing work that will require a payment and overall value of the project. performance bond, they take special attention to their execution plans,the staff they assign to While other programs, such as SDI or Irrevocable a project, and there is an extra level of care in Letters of Credit, provide some level of monetary developing their cost proposals since there is protection to a project, payment and specifically much more at stake. performance bonds are the most comprehen- sive guarantee to an owner for a variety of rea- sons: 1. Should a subcontractor with multiple proj- ects in town struggle or under perform,they will prioritize projects where they have sup- e plied a P&P bond.These firms have much more at stake on these bonded projects, and owl therefore these projects get the most atten- tion from their executive management and ownership. In order for a subcontractor to secure a bond, an indemnity agreement and collateral is required, often putting an officer of the company personally at risk for financial losses. In contrast, SDI policies do not require any collateral by the subcontractor. 2. Should the project encounter the default of a bonded subcontractor, the bonding compa- ny is obligated to ensure the completion/per- formance of the contract,whether that be by finding a suitable replacement or providing 1 compensation to the owner/CM to have the work completed.This allows the project to re- bound from the failure and continue moving forward, protecting the overall schedule. QHENSEL PHELPS 122 Plan. Build. Manage. j , � 1 � y� j�� i ,� � • f � '�� • � ; � 1 t � '� � W ,1 � �\ �> �_ � , ��1� �" u �, � �� 4�� 1 � � ` � �� , , r Y t , 1 � . r ; , � , �, ,' �,� . � �� ' ,` �`�, �, ��\� j' �. .; w _: �,�� µ `� �;:e c� � e i =;+ i '.?��', %'g,'it �= `i� 6. PERSONNEL QUALIFICATIONS 6.1. Given the scope and schedule of the "Project", identify the specific Project Manager(s), Job Superintendent(s), Estimator(s) and Field Operations personnel who would work on the "Project." Provide a resume and references for each individual. The Project Manager and Job Superintendent will remain on the "Project" from preconstruction through final completion. Resumes for the proposed team are on the following pages. 6.2. Provide CMAR projects collaborated and completed by proposed team. As an employee owned company, the strongest attribute to our success is our people. Hensel Phelps boasts one of the longest tenures for employees in the industry - an average greater than 15 years.The national average for the construction industry isjust over 4years. This is truly a testament to our employee's ownership as well as their commitment to our firm and the work they deliver for our clients. In addition to this statistic,we have subdivided the country into nine regions that, one of them being the Southcentral Region that operates out of Austin,which allows us to run our region with the feel of a much smaller company. It's because of this regional approach that our people connect on a daily basis in many ways aside from just on the job collaboration. Our managers and superintendents work together frequently through regional trainings, task forces they are assigned to spearhead to better our company and our internal processes, monthly manager's meetings, leadership seminars, recruiting, and many others. • Austin-Bergstrom International Airport Apron Expansion & Improvements Austin-Bergstrom International Airport East infill Confidential Client - Taylor,TX Round Rock Public Library Travis County Civil and Family Courts Facility W QHENSEL PHELPS Plan. Build. Manage 6. PERSONNEL QUALIFICATIONS PRISCILLA NOROSKY Project Manager ® 14 Years with Hensel • Engineering16 Years in Construction B.S., Architectural The University of Texas at Austin CITY OF AUSTIN NEW CENTRAL LIBRARY Along the banks of Shoal Creek, the eight-story, 275,000 SF building is Austin's largest-ever public library.Atop a two-story, 200+ car underground garage sits the iconic building, which is defined by a daylight-filled, six-story atrium wrapped by book collections and event space.This project achieved LEED Platinum certification. AUSTIN-BERGSTROM INTERNATIONAL AIRPORT APRON EXPANSION & IMPROVEMENTS • • • . . The Austin-Bergstrom International Airport (ABTA) Terminal/Apron Expansion and Improvements project is a multi-year, multi-phased project that consists of a new Stormwater and Deicing Collection Facility, roughly 40 acres of new apron paving for approach and taxi lane improvements, a new terminal expansion offering 11 new passenger boarding gates and many upgrades throughout the existing terminal.The terminal expansion achieved LEED Gold Certification. COLLABORATAED WITH.,DYMONIQUE BURTON,JUAN BALDERAS, ELISSA ADAMS TRAVIS COUNTY CIVIL AND FAMILY COURTS FACILITY • • • • The Travis County Civil and Family Courts Facility (CFCF) is a 430,000 GSF courts complex in the Austin, Texas central business district.The new $270 million, 12-story courthouse facility includes 26 jury and non-jury courtrooms and also serves to consolidate 18 different county, district, and state departments which are currently spread throughout buildings surrounding the Heman Marion Sweatt Courthouse. COLLABORATED WITH:PHILIP GOERTZ OHENSEL PHELPS 125 Plan. Build. Manage 6. PERSONNEL QUALIFICATIONS Ai DYMONIQUE Project Superintendent ® 12 Years with Hensel Phelps 13 Years in Construction B.S., Prairie View A&M university KALAHARI RESORT & CONVENTION CENTER The Kalahari Resorts &Conventions is a $385 million project located in Round Rock,Texas. It includes an 11-story hotel with 975 guest rooms, outdoor pools, a 223,000 SF indoor waterpark, an 80,000 SF indoor theme park,10,000 SF of retail space, a salon and spa, and multiple restaurant and beverage locations. AUSTIN-BERGSTROM INTERNATIONAL AIRPORT APRON EXPANSION & IMPROVEMENTS h The Austin-Bergstrom International Airport (ABTA) Terminal/Apron Expansion and Improvements project is a multi-year, multi-phased project that consists i of a new Stormwater and Deicing Collection Facility, roughly 40 acres of new apron paving for approach and taxi lane improvements, a new terminal expansion offering 11 new passenger boarding gates and many upgrades throughout the existing terminal.The terminal expansion achieved LEED Gold Certification. COLLABORATED WITH:PRISCILLA NOROSKY,JUAN BALDERAS, ELISSA ADAMS ++``{{ AUSTIN-BERGSTROM INTERNATIONAL AIRPORT EAST INFILL TIMM �"1 1�711 IN • i• A$69M four-story addition to the existing terminal consists of the design, installation, and intercommunication of several major systems, including but not limited to computer telecommunications, security, fire protection, baggage handling, and other mechanical/electrical systems. COLLABORATED WITH:ELISSA ADAMS OHENSEL PHELPS 126 Plan. Build. Manage. 6. PERSONNEL QUALIFICATIONS PHILIP GOERTZ - Superintendent O9 Years with Hensel >_ 16 Years in Construction B.S., Civil Engineering The University of Texas at Austin CONFIDENTIAL CLIENT Hensel Phelps was selected to serve as Construction Manager for the initial 10EL phase of a new semiconductor facility to deliver a combined 865,000 SF of Central Utility Building (CUB) and Gas & Chemical Storage Building (GCS) on the new Taylor Semiconductor Facility Site. COLLABORATED WITH.ELISSA ADAMS,JUAN BALDERAS UT DELL MEDICAL SCHOOL STAGES A, B, C/E *14PWA UV The University of Texas at Austin Dell Medical School project is a $2SS million, gym , 72S,000 SF project that consisted of three stages. Stage A includes all site preparation and utility infrastructure; Stage B is the construction of a new medical research building; Stage C/E is the construction of a medical office building and parking garage. COLLABORATED WITH:ELISSA ADAMS TRAVIS COUNTY CIVIL AND FAMILY COURTS FACILITY The Travis County Civil and Family Courts Facility (CFCF) is a 430,000 GSF 5-..- courts complex in the Austin,Texas central business district.The new$270 million, 12-story courthouse facility includes 26 jury and non-jury courtrooms and also serves to consolidate 18 different county, district, and state departments which are currently spread throughout buildings surrounding the Heman Marion Sweatt Courthouse. COLLABORATED WITH:PRISCILLA NOROSKY ® HENSEL PHELPS 127 Plan. Build. Manage 6. PERSONNEL QUALIFICATIONS ELISSA ADAMS Senior Estimator ® 19 YearsHensel 21 Years in Construction - B.S., Architectural Engineering The University of Texas at Austin ROUND ROCK PUBLIC LIBRARY - The Round Rock Public Library is a three-story,172,941 SF new building with an adjacent 300-space cast-in-place parking garage, located in the heart of downtown Round Rock.This library features classrooms, computer areas, - -- quiet work/study rooms, and collaboration spaces, as well as outdoor access _ i - on each level. COLLABORATED WITH:JUAN BALDERAS AUSTIN-BERGSTROM INTERNATIONAL AIRPORT APRON EXPANSION & IMPROVEMENTS _ , a I The Austin-Bergstrom International Airport (ABTA) Terminal/Apron Expansion and Improvements project is a multi-year, multi-phased project that consists of a new Stormwater and Deicing Collection Facility, roughly 40 acres of new apron paving for approach and taxi lane improvements, a new terminal expansion offering 11 new passenger boarding gates and many upgrades throughout the existing terminal.The terminal expansion achieved LEED Cold Certif ication. COLLABORATED WITH:PRISCILLA NOROSKY, DOMYNIQUE BURTON,JUAN BALDERAS AUSTIN-BERGSTROM INTERNATIONAL AIRPORT EAST INFILL * 7 A$69M four-story addition to the existing terminal consists of the design, installation, and intercommunication of several major systems, including but not limited to computer telecommunications, security, fire protection, baggage handling, and other mechanical/electrical systems. COLLABORATED WITH:DYMONIQUE BURTON QHENSEL PHELPS 128 Pian. Build. Manage 6. PERSONNEL QUALIFICATIONS 11 JUAN BALDERAS •a Project Engineer ® 6 Years with HenselPhelps _ 6 Years in Construction Construction Management Texas State University ROUND ROCK PUBLIC LIBRARY The Round Rock Public Library is a three-story, 172,941 SF new building with an adjacent 300-space cast-in-place parking garage, located in the heart of downtown Round Rock.This library features classrooms, computer areas, quiet work/study rooms, and collaboration spaces, as well as outdoor access on each level. COLLABORATED WITH:ELISSA ADAMS AUSTIN-BERGSTROM INTERNATIONAL AIRPORT APRON EXPANSION & IMPROVEMENTS The Austin-Bergstrom International Airport (ABTA) Terminal/Apron Expansion and Improvements project is a multi-year, multi-phased project that consists of a new Stormwater and Deicing Collection Facility, roughly 40 acres of new apron paving for approach and taxi lane improvements, a new terminal expansion offering 11 new passenger boarding gates and many upgrades throughout the existing terminal. The terminal expansion achieved LEED Gold Certification. COLLABORATED WITH:DYMONIQUE BURTON, PRISCILLA NOROSKY, ELISSA ADAMS CONFIDENTIAL CLIENT 1:r'-welfrON11 2= CONFIDEN L Hensel Phelps was selected to serve as Construction Manager for the initial phase of a new semiconductor facility to deliver a combined 865,000 SF of Central Utility Building (CUB) and Gas & Chemical Storage Building (GCS) on the new Taylor Semiconductor Facility Site. COLLABORATED WITH:ELISSA ADAMS, PHILIP GOERTZ Q HENSEL PHELPS 129 rmaim i �A i } -� i4 1 � Ao ♦ ♦ 1 ♦ . 1 E - E 7.1. Provide the following information in connection with your organization's safety program: A. Your organization's OSHA (Occupational Safety and Health Administration) 300 Logs for the last three (3) years. a. OSHA log must be completed. If no accidents, record "0" in appropriate column totals. The 2023, 2022, and 2021 OSHA 300 Logs are included on page 132. B. Loss analysis from your organization's insurance carrier or insurance agent covering your organization's workers' compensation insurance coverage (Loss Runs) for the last three (3) years. (Loss run is also referred to as "statement of claims" or SOC.) a. Loss run must be provided by your organization's insurance carrier or insurance agent. Insurance carrier's company name or insurance agent (agency) must be clearly legible on documents provided. Names of claimants on loss run may be redacted. b. If there have been no losses, provide copy from your firm's insurance carrier showing no losses. The Loss Analysis is included on page 143. C. Loss ratio from your organization's insurance carrier or insurance agent covering your organization's workers' compensation insurance coverage. a. Loss ratio must be provided by your organization's insurance carrier or insurance agent. Insurance carrier's company name or insurance agent (agency) must be clearly legible on documents provided. b. Loss ratio must be based on manual (unmodified) premium. Manual (unmodified) premium is premium without experience modifier applied. c. If paid premium is submitted, experience modifier (from insurance carrier) must be provided. d. Time period corresponding to loss ratio must be provided. e. Typed or handwritten information concerning loss ratio prepared by your firm WILL NOT be accepted. f. Experience rating documents WILL NOT be accepted for this Paragraph C. Loss Ratios are included on page 151. QHENSEL PHELPS 131 Plan. Build. Manage. 2023 OSHA 300 LOG OSHA's Form 300A (Rey-0112004) Year 2023 41> Summary of Work-Related Injuries and Illnesses U.S.Departrnentof —0— Oeeupatbnal sa}ery and Healtn AEmInlRranOn Form-r.-OMB All estabbshments covered by Pan 1904 must complete this Summarypage,even it no injuries or dhesses occurred rluarla the year. Rememberto review the Loa to verily that the entnes ere complete Using the Log,count the mdivxoual entries you made for each category. Then write the totals below, Establishment information making sure you've added the entries from every page ofthe log.ff you had no cases write"0." Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establshment name Hensel Pielps its entirety. They also have(mded access to the OSHA Form 301 or its equivalent. See 29 OFR 1904.35,in OSHA's Recordkeeping rue,for further details on the access provisions for these forms. Street 423 Sixth Avenue Number of Cases City Greeley State Colorado zip 80531 Industry description(e.g.,Manufacture of rrlolor truck trailers) Total number of Total number of Total number of cases Total number of Construction General Contractor deaths cases wkh days with job transfer or other recordable away from work restriction cases Standard Industrial Classification(SIC),A known(e.g_SIC 3715) 0 2 23 17 1 5 4 2 (G) (H) (I) (J) OR North American Industrial Classification(NAICS),rtknaim(e.g.,336212) 2 3 6 2 2 0 Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 4751 work Total hours worked by all employees lest 360 1496 year 9,082127 (KI t; Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result In a fine. (M) (1) Iniury 42 (4) Poisoning 0 (2) Whaxamined that �EtASkin Disorder 0 (5) Hearing Loss 0 l ceDem that the of my knowledge the entries are true,accurate,and (3) Respiratory Condition 0 (6)All Other Illnesses 0 Chairman 8 CEO Michae.3. ho a 970.352.6565 113+2074 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public p.6,g l:udan for this collection of Kormaten is estimated to average 58 minutes par response,'mcladmg time to ramex he-t—bon,search and gather the d—noodod,and compete and ruv m the collection of rfonnation.Parsons are not rwcired to respond to the wlledfiw of.rfarmaum u:e it displays.cunanlly valid OMB cortr0 nunber.ff yo.r have any mmmants ebcut these estimates or any aspects of INS data toloctlaL contdol:US Cepartmont of I Anr.OSHA OT-nl Slalivlirs.Rmm N-,Vd irn(:nn010—A-NA Wash lm Dr,2011 ni n t x m 11—lalM I—In•hix r/firw ® HENSEL PHELPS 132 Plan. Build. Manage. 2023 OSHA 300 LOG Log of Work-Related Injuries and Illnesses Year 2023 Company Name: Hensel Phelps Construction Cu. Identify the Person Describe CHECK ONLY ONE box for each caseNJ (A) (B) (C) (D) (E) (F) Enter the number Check the"Injury"column of days the injured or choose one type of Case Employee's name Job title Date of injury Where the event occurred Describe Injury or Illness,parts of body or ill worker was: Illness: _ no. (e.g Welder) or onset (e.g.Loading dock north affected,and objeetlsubstance that of illness end) directly Injured or mads person ill.(e.g. (M) Second degree bum;on right forearm Remained at Work Away On job . from see lens,torch from transfer or r Days away Joo transfer Other recd.- work restriction a Death from worn v realnchon able casae — (G) (H) (1) (J) (K) (L) (1) (2) (3) (4) (5) (6) 202301005 LABORER 1/19 4018172-Delta Sky Way at LAX Hand; ❑ ❑ ❑ 0 32 ® ❑ ❑ ❑ ❑ ❑ ,,hM, I.ft days days month/day 202301010 General Foreman 1/31 3521011-Wellington WTP shoulder paroal d�d,waunn-Dislocatio, ❑ ❑ ❑ 0 0 ® ❑ ❑ ❑ ❑ ❑ ,nnnlinn -tinn,�ld".r:-tiw�., stens days day: money 202301015 CARPENTER 1/31 6022091-Kaiser Capital Projects .N—L—k;R.-Chemical-Aum/Chemicsl, ❑ ❑ Is] 1:10 13 ® E] 11 1:1 ElNeck Rnm/Chem 1 Ra:4 Rnm/f•h.miral days _days month/day 202302020 Foreman 2/20 7017138 FIS Renovation and .Foot;Frscrure-Fractum,Ufl Foot;-Floor B [-1 ❑ F-1 day!0 152 days ® El El El [10 ^rnvneinn mud n1onlNday pn 202302025 OPERATOR 2/27 7017138 FIS Renovation and .Wrist:Frecture-Fracture.Wrist:- 11 ❑ ❑ day!0 64 -Ys ® 1:1 El 11 11 El^xnan . monttJday 202303005 LABORER 3/07 5919028-Calexico LPE Ph 2 .Hard/Fing-,, ❑ ❑ El ❑ 0 1 80 ® El El 11 11 11.char ar I.R cave ave month/day 202303010 SALARIED 3/07 100 Corporate 300 Plains .Knee;SprwJStrain-Sprsin/Savin,Left Knce; El ❑ ❑ I I (I ® 1:1 El El [3 1:1 -etM,r.ems,.M gays days IK month/day 202303020 CARPENTER 3/29 5919028-Calexico LPE Ph 2 .Hand;L--fion-La lion,Hand;-Hand Tool El ❑ 1:10 14 ® El 11 1:1 11 11Mnt PnwemAl nays day! month/day 202303025 CARPENTER 3/29 2022158-NIH SLR. .n ❑ ❑ ❑ ® ❑ 11 El E] 11EE was lifting and(ell pam u 0 fi_7 n-Hemi„/R..nh�re.11,11,t�ninr.RMily days _aaYs month/day 202304010 OPERATOR 4/13 2014111-F_osl c'amplus RIdg 3 -Inflammation.Left knee:-Bodily Motion t) vs 1 S 1 ® ❑ ❑ ❑ ❑ ❑ El El EY1 E r.,ys month/day 202304015 CARPENTER 4/10 4020189-China Lake South Airfield FmgQ LaxxxtiL.,xx,ti,Fir;.m w w1:1 1:1 � ❑ 0 2 S ® El [10 El El nays nays month/day 202305005 CARPENTER 5/01 4019178-City of Hope Irvine -,Left Finger;-Hand Tool(Powered) El 1:1 ❑ U 43 ® El El El 1:1 nays nays monttdday, 202305010 Field Engineer 5/03 3021256-1900 Lawrence Finger caught during safety demonstration-,Left ❑ ❑ ❑ 0 85 ® ❑ ❑ ❑ ❑ ❑ Finder-Mh�r nay! Bays month/day 202305015 CARPENTER 5/24 3021256-1900 Lawrence . n/Dehric/Wz employe,stepped on a mil-CuttPuncture,Foot; ❑ ❑ 1:10 6 ® El 1:1 11 1:1 ❑ -Scrndays days month/day 202306005 LABORER 6/01 6021080-Repair of Admin Spaces •SpmW fmnued ankle atter 1:1 ❑ El 0 ® ❑ ❑ 11 11 El(.Il,no-.Cn.win/Cm,in Iia Ankle Fr�tw�.lrft day! oats month/day 202306010 CARPENTER 6/07 5922043-LANL TA-50 TLW .Hit srm with wrench-Lacerstion,RightArm: 1:1 IK El0 4 ® [I El 11 11 11 rnn, ,m�Cn..hmn;.e Riohr Ann-Hwnd Tml days days nwntll/day QHENSEL PHELPS 133 Plan. Build. Manage. 2023 OSHA 300 LOG Log of Work-Related Injuries and Illnesses Year 2023 Company Name: Henscl Phclt)s Construction Co. Identify the Person Describe Case- (A) CHECK ONLY ONE box for each asese(B) (C) (D) (E) (F) Enter the number Check the"Injury"column of days the injured or choose one type of Case Employee's name Job title Date of Injury Where the event occurred Describe Injury or Illness,parts of body or III worker was: illnesses : no. (e.g Welder) or onset (e.g.Loading dock north affected,and objectisubstance that of Illness end) directly Injured or made person III.(e.g. (M) Second degree bums on right forearm Remained at Work Away On job Z F from acetylene torch) from transfer or Days away Job transfer ower recon- work restriction Death from work or restriction able caws (C+) (H) (1) (J) (K) (L) (1) (2) (3) (4) (5) (6) 202306015 LABORER 6/28 3522019-Johnstown N Sewer Exp Concrete debris in EE eye-Foreign Body(Eye), El ❑ ❑ 0 0 ® ❑ ❑ ❑ ❑ ❑ P.ve-rnnerete tlays days monthlday ph 1 202306020 CARPENTER 6/30 3020243-DEN Great Hall Comp. .Laceration,Left Hand:-Hand Tool(Powered) ❑ ❑ 1:10 144 ® ❑ ❑ ❑ ❑ ❑ Ph— montNday days Bays 202307005 Journey— 7/07 8022205-Universal 903 11-d/Wnsry Laoeration/5 Strain-Laceration, ❑ ❑ ❑ 0 180 IR 1:1 ❑ ❑ ❑ ❑ praia- H�wdCnrn,n/Ctrain Writ- days tlays month/day 202307010 Journeyman 7/12 6021088-Sand Island W W7P Hand;laceration-,Hand:-MaterielT.Ph I C ❑ ❑ El F-10 75 ® 11 11 El 11 ❑ ur monl day --- - "— - says days 202307015 Jolraytan 7/18 4022199-Harbor UCLA Med Cotmontl>/day Shoulder;Dislocation-Dislocation,Shoulder, El1:1 ❑ 180 0 ® 11 1:1 11 11 1:1^ml .-Matedxl days day. 202308005 Field Engineer 8/09 4020187-UCI Irvine Campus .Ankle;Sprain-Spry niStrain,Right Ankle;-Floor1:1 ❑ ❑ 0 0 ® 1:1 ❑ ❑ ❑ ❑ M X1-1 r'mm� &r rad tleye tlays month/day 202308010 Journeyman 8/14 7021166-Switch Round Rock NAP Finger;Avulsion-,Finger;- El ❑ ❑ 0 0 ® El 1:1 11 11 Elmonth day d&S tlays tlays 202308015 LABORER 8/16 2021156-NIH Bldg 40A Thumb:Practueo-FracMe,Thumb;-Platform ❑ ❑ ❑ 0 8 ® ❑ ❑ 11 11 El month/day day. says 202308020 CARP APPR 8/17 4022199-Harbor UCLA Med Cut Knee,Hand,Head;Fr ict re-,Knee;Fracture, F-1 ❑ ❑ 0 66 ® ❑ ❑ ❑ 11 El^ml -Hwnd H x.t. days days monTy 202308025 Journeyman 8/18 4020187-UCI Irvine Campus Knee;Sorain-,Right Knee;-Floor&Ground-1-1-1—mm� El ElEl0 68 ® ❑ ❑ ❑ ❑ ❑ menntt 1 ay days tlays 202308030 CARPENTER 8/28 3021254-Consolidated Space Op. Finger;Fnetrae-Fracnue,Left Finger;-ConerateEl ❑ 1:10 55 ® ❑ [1 [10 ❑ F"" Is] tlays days montNday 202309010 CARP APPR 9/06 6021088-Sand island W WTP Abdomen;Sprain-Sprain/Strain,Abdomen; El ❑ 0 11 ® 11 11 El 11 ElCer.Te Ph 1 --Material days tlays month day 202309020 Field Engineer 9/18 4020187-UCI Wine Campus -Head;Lacerad'tion-Laceration,Hand;-Hand Tool 1:1 ❑ ❑ 0 0 ® ❑ ❑ ❑ ❑ El monthlday Med11.l f'nm� —P— days day. 202309030 CARPENTER 9/25 3522019-Johmtown N Sewer Exp Shoulder.Sprsin/Strain-,Shoulder:-PlatformEl ❑ 1:10 31 ® ❑ ❑ ❑ 11 monthlday ff] ph-1 days days 202309035 CARP APPR 9/30 4022199-Harbor UCLA Med Cat Teeth;Chipped-.Mouth;-Matenal ❑ ❑ F-10 0 ® ❑ ❑ ❑ ❑ ❑ Reel monntt Ivry days days 202310005 Field Engineer 10/04 3522016-PAR 1396 NTP Primary -knee;Laceration-Laceration,Knee;-Stwks& El ❑ ❑ days 0 0 days ® ❑ 11 1-3 11 1:1Llanfier tenc monthlday C QHENSEL PHELPS 134 Plan. Build. Manage. 2023 OSHA 300 LOG Log of Work-Related Injuries and Illnesses Year 2023 Company Name: Hensel Phelps Construction Co. Identify the Person Describe CHECK ONLY ONE box for each case (A) (B) (C) (D) (E) (F) Enter the number Check the"Injury"column of days the Injured or choose one type of Case Employee's name Job title Data of Injury Where the event occurred Describe Injury or Illness,parts of body or III III worker was:was: Illness: ��Py no. (e.g Welder) or onset (e.g.Loading dock north affected,and object/substance that of Illness end) directly Injured or made person III.(e.g. (M) z o Rid al Work Second degree bums on right forearm Away On job se €' a 0 from transferor $ .� e from acetylene torch) Days away Job transfer Other record- work restriction Death Gam work or roBWction able cease (G) (H) (1) (J) (K) (L) (1) (2) (3) (4) (5) (6) 202310010 CARPENTER 10/09 4020187-UCI Irvine Campus - ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ P Finger,Gcentron-Gceretion,Finger;-Rend 0 27 M�d:rnl r mm� Tnnl fPnweredlff] buys day. monthlday 202310015 CARPENTER 10/12 4022199-Harbor UCLA Med Cot .Finger; E-1 ❑ ❑ 0 0 ® ❑ ❑ ❑ ❑ ❑ unt B h rr n n-r rn ac,sish. day. days monthldey a 202311005 Project Superintendent 11/07 8018169 Curbside Expansion-Tampa Ribs;Fracture-Fracture,Left Ribs;-Floor& El ❑ ❑ � day.0 0 day. ® El 11 11 11Aiinw r and runt r ay 202311010 Field Engineer 11106 3021258-Molson Coors G 150 Mouth.Abrasion-Scratch/Abession.Mouth:- El ❑ ❑ 0 0 ® ❑ ❑ 11 11 11 tley, deye month/day, 202311015 LABORER 11/16 2020146-Bladensburg Bus GarageEye;Foreign body-Poreign Body(Eye),Right El ❑ ❑ IS] 0 0 ® ❑ ❑ El 11 11^ml ..&e-Hwnd Tml(Pnweadl buys deye montWday 202311020 LABORER 11128 5022178-USGS BLDG 19 Le.Simon-,Right Leg;-Stain&Steps1:1 ❑ ❑ 0 0 ® ❑ ❑ ❑ ❑ ❑ euys boy. month/day 202311025 CARPENTER 11/30 4022204-Ridgewalk North LivingArm;�pndop-Gcerotlon,Arm;-Materiel ❑ ❑ F-10 0 ® ❑ ❑ ❑ ❑ ❑ & AAM days deye month/day 202312005 CARPENTER 12/07 7021166-Switch Round Rock NAP Mouth:BruiedCoatusion:Lecrntioa-,Mouth:- 1:1 ❑ ❑ do" 0 ® ❑ ❑ ❑ ❑ ❑ ys days monthlday d&5 202312010 Field Engineer 12/15 8022210-TAPE Zone 1 F-35 -Fonk Bruii&Contusion-.Left Foot;- 1:1 ❑ 1Is]:1 0 0 ® ❑ ❑ ❑ 11 Fliohe:n. days day. montNday Report Totals 0 2 23 16 360 1496 41 0 0 0 0 0 ea o 0 This report was produced with the automatic 180 day cap 28 ra Z N (1) (2) (3) (4) (5) (6) QHENSEL PHELPS 135 Plan. Build. Manage. 2022 OSHA 300 LOG OSHA's Form 300A (Rev.0112004) Year 2022 Summary of Work-Related Injuries and Illnesses U.S.Department of Labor or;�nwdonai s.,r�1y—Hler aamletwmbn apo—CMB no.121001It, All establishments covered by Pan 1904 must complete this Summary page,f no injures or dinesses timed during the year Rememberto review the Log to verify that the entries are complete -_ Using the Log,count the individual entnes you made for each category. Then write the totals beibw, Establishment information making sum you%,e added the entries from every page of the log. If you had no cams write T.' Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name Hensel Phelps Construction Co.-Corporate Headquarters its entirety They also have limited access to the OSHA Form 301 or ds equivalent. See 29 CFR 1904 35.in OSHAY Recordkeephtp rule,for furtherdeta6s on the access provisions for these forms. Street 420 Sudh Avenue Number of Cases City Greeley state Colorado Zip 80831 Industry descripdon(e.g.,Manufacture o1 motor truck trailers) Total number of Total number of Total number of cases Total number of Consyuction General Contractor deaths cases with days with job transfer or other recordable away from work restriction cases Standard Industrial Classification(SIC),if known(e.g.,SIC 3715) 0 1 21 Orr 12 1 5 4 2 (G) (H) (I) (J) I OR North American Industrial Classification(NAILS),if known(e.g.,336212) 2 3 6 2 2 0 Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 3.922 work Total hours worked by all employees last 180 1372 year 8.158.305 Kl (LI Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result in a fine. (M) 34 (1) Injury --39- (4) Poisoning 0 (2) Skin Disorder 0 (5) Hearinq Loss 0 fiat ve exain e best of my knowledge the entries are true,accurate,and (3) Respiratory etc Condition 0 (6)All Other Illnesses 0 President 8 CEO triton ae J. hcutka Title 970 352(3565 1/2-- Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Relic repomng txrden for tis coll9Cion of nformattor is estimated to average 5B mrfums per re ponso,mould ng Ems to revlew the Indruotort search and gator Ne data needed,anc compete and review a18 Miles ion d rformason.Persons ere not required to respond b tie mllecaor of infor'neeon unless t dspays a�na17y vaid CMB centro number.If you have any—ants about these estimates or arty aspects of tis data collection,contact US Department of Labor.OSHA Olfin of Sladslix.Room N-36ra.200 0onsituEgn Ave.NW.Washrgton.DC 2C210.Do rut sarM the wn'.daled forme to tic oRw. QHENSEL PHELPS 136 Plan. Build. Manage. 2022 OSHA 300 LOG Log of Work-Related Injuries and Illnesses Year 2022 Company Name: Hensel Phelps Construction Co. DescribeIdentify the Person CHECK ONLY O:E box for each :e (A) (B) (C) (D) (E) (F) ca Enter thenumber Check the"Injury"column of days the injured or choose one type of Case Employee's name Job title Date of injury Where the event occurred Describe injury or illness,parte of body that case: or ill worker was: illness: no. (e.g Welder) or onset (e.g,Loading dock north affected,and object/substance that of illness end) directly injured or made person ill.(e.g. (M) v T Second degree burns on right forearm Remained at Work Away On lob _ €' from acetylene torch) from transfer or Days away .loo I1ansler oto,rocora- work restriction - - Doam nom wo-. o res,nn,or ao a oases (G) (H) (1) (J) (K) (L) (1) (2) (3) (a) (5) (6) 202201005 CARPENTER 1/07 2019135-East Ca nplua Bldg 3 Teeth(Face;laceradon-Lacewide,Both Face; 1:1 ❑ ❑ 0 0 ® ❑ ❑ ❑ 11 -Cn Wars aays month/day 202202005 CARP APPR 2/02 4020187-UCI Irvine Campus Knee;Spnin/Stmin-Spmin/Strain,Right Knee; El ❑ 1:1ays 0 I X0 ® El [I ❑ El El--m -Mar nal aays month/day M-i-I 202202015 Foreman 2/08 4018172-Delta Sky Way at LAX Knee/Leg;Sprain,Fracture,Abrasion-Precture, ❑ ❑ 0 7 ® ❑ ❑ ❑ ❑ ❑ Knrc Cnn.in/CtrwKn -Mar nal IS] nays ays month/day 202202020 OPERATOR 2/08 7017138 FIS Renovation and •F..fEyebnw;Laceration-Laceration,Right 1:1 ❑ ❑ 0 0 ® El El El ❑ Ferro Pec - CVA&Cte nays --y' monlWday 202202025 CARPENTER 2/12 2019135-East Complus Bldg 3 .Beck;Spri iNSesin-Spo in/Stnen,Beek; ❑ ❑ EK ❑ 0 1 ® ❑ ❑ ❑ ❑ ❑ -Mwtenwl aays Days month/day 202202030 CARPENTER 2/11 6020075-Repair Building 503A Shoulder Strain/Sprain-Sprain/Stnin,Right ❑ ❑ El 1:10 180 ® 1:1 1:1 11 El Elw Chmdder.HdT-I(P,—dl aayc days mon ay 202202035 CARP APPR 2/28 4021192-UCR School of Medicine ginger,IaceNioo-Lacendonk Left--h'. ❑ ❑ O ❑ 0 17 ® ❑ ❑ ❑ ❑ ❑ Rn 11 --Hwnd Tnnl fPmvereAl days nays montfrey 202202045 LABORER 2/26 2019135-East Complus Bldg 3 Face;1—fion-Laceration,Feces-Conorcto ❑ ❑ ❑ ESI0 0 ® El El El El 11 aays days month/day 202203005 Journey— 3/01 4019178-City of Hope Irvine .pinger.Lecention-Laceration,Pinder;-Memnd ❑ ❑ ❑ 0 51 ® El 11 1:3 ❑ 11 days days month/day 202203010 CARP APPR 2 3/09 4018172-Delta Sky Way at LAX Knee Fractured r,a 11,cFrarmre.ILghi h art.. 1:1 ❑ EY1 ❑ 0 45 ® El El 11 11 11Hy--1aWL1ld days rays month/day 202203015 CARP APPR 3/14 4020189-China Lake South Airfield .Mouth;Lacertion-Laceration,Moue;F—, ❑ ❑ ❑ 0 35 ® El ❑ El dldlMmnh--Hand Tml Mot dl aays days month/day 202203020 Area Superintendent 3/17 5021169-LM B156F Forger;=fion-,Right Finger;-Band Tool El ❑ ❑ IS] 0 0 ® 11 El El 11 El (Nnt Pnaedl days days month/day 202203025 SALARIED 3/18 8019175-Advanced Munitions Tech Shoulder;Ovcresem -SpniNStrafn.Left ❑ ❑ EK ❑ (1 61 ❑ ❑ ❑ ❑ ❑ ❑ rn.n: -tihnnlAcr-1 MAcr. aays aays month/day 202203030 CARPENTER 3/21 2020147-Kaiser Springfield MOB .Faye;Foreign body-Foreign Body(Eye),RightEl ❑ ❑ 0 0 ® ❑ 1:1 11 11 11ommel R U. -Hand Tool(Pnv-ercdl aays , month/day P 202203035 LABORER 3/28 2019137-Op—iio-Bldg I& Beck;epa end strain/sprain-SpniNStn in. EJ ❑ El 1:1 () 6 ® ❑ ❑ El 11 El('rn l Ilii 1-k -Magi .,l nays _i , month/day 202204005 CARPENTER 4/12 2019135-lied('a-plu,Bldg 3 Finger;laceration-laceration.Left Finger;- El ❑ ❑ 0 1 3 ® ❑ El El El El aays month/day QHENSEL PHELPS 137 Plan, Bui(tl. Manage 2022 OSHA 300 LOG Log of Work-Related Injuries and Illnesses Year 2022 Company Name: Hensel Phelps Construction Co. Identify the Person Describe CHECK ONLY ONE box for each i....I (A) (B) (C) (D) (E) (F) Enter the number Check the"Injury"column of days the Injured or choose one type of case Employee's name Job title Date of injury Where the event occurred Describe injury or Illness,part.of body or 111 worker was: "I ness: affected,and object/substance that no. (e.g Welder) or onset (e.g.Loading dock north a of Illness end) directly injured or made person ill.(e.g. Remained at Work (M) "o Second degree burns on right forearm Away On job e J e from acetylene torch) from transferor a- Days away Job transfer Other record- work restriction Death Iron w or mthcbon able cases Z (G) (H) (1) (J) (K) (L) (1) (2) (3) (4) (5) (6) 202204010 LABORER 4/12 5919028-Calexico LPE Ph 2 W_t.hachure/neck;sprain/head: ❑ ❑ ❑ 0 1.12 ® ❑ ❑ ❑ ❑ ❑ hn na/('n.h/Rn Hr• N days days month/day 202204015 SALARIED 4/28 4020189-Chins Lake South Afield Finger:Fracture-Fracture,Right Finger;-Hand ❑ ❑ 0 32 ® ❑ El E] 11 1:1Tool Mnt Pnwrrcdl days days month/day 202205105 CARPENTER 5/24 5919028-Calexico LIFE Ph 2Leg/Collwbone/Fracture; ❑ ❑ ❑ 180 0 ® 1:1 E] E] 11 11• Hr.An�. n-Fm- r Ie.R l.re�Frac - says says month/day 202206005 CARP APPR 6/15 4020187-UCI Wine Campus .Shoulder;Sprain/Straln,Fracture-SFtiNSireon ❑ ❑ ❑ 0 75 ® El El El 1:1 ElMrAi.-al(rano ChnulA4r ie�m IPft Chm .l days day.ader-MwrPri month/day I.ft Fr 202207010 lolnneyman 7/18 4020188-Caltech-Resnick Sustain .Finger,Laceration-laceration,Left Finger; ❑ ❑ ❑ 0 59 ® ❑ ❑ ❑ ❑ ❑ R•.r'ne -Hand tool Mnt Pnweredl days days month/day 202207015 CARPENTER 7/27 4020189-Chun lake South Airfield Shoulder,Sprain-SomiNStrain,Riehl Shoulder:- El ❑ ❑ 0 91 ® ❑ El 11 11 El says pay: month/day 202208005 CARPENTER 8/10 5020147 S-Tac-B-99-9c Opt Ph 2 Left thumb;puncture-Cut/Punctura,Left Thumb; El ❑ ❑ IS] 0 0 ® El F-1 11 11-HanA Tnnl fPnweredl days nays money 202208010 Field Engineer 8/23 4019167 LAX AA"14&'1'5 Finger;Fracture-Fracture-Left Finger;-Hand F] ❑ ❑ 0 1 35 ® 11 El El 1:1 1:1In Ri-Acv- Tnnl Mnt Pnw mdl aye aaYs m,nth/day 202210005 LABORER 10/06 5015096 Back;SprteVStram-Spraiu/Stren,Lower Back; ❑ El ❑ 0 125 ® ❑ ❑ 11 11 11-m—A nays �cat's month/day 202210015 Project Superintendent 10/07 7022174-Taylor('UB&(;CS 1'roj Shoulder/('lay..le;Frarlure-F,a t.e.Right1:1 ❑ ❑ ESI () 0 ® ❑ [1 [1 El El Shmldr.-Floor&(:mcnA days days month/day 202211005 LABORER 11/03 2019135-East Camplus Bldg 3 Fingers;Bnuse/Cuu-,;Contusion.✓Cuts/Bnnsc, El ❑ ❑ IS] 0 0 ® El 1:1 1:1 11RW LM&U Ilw&ao day. days montNday 202211010 Area Superintendent 11/15 3522013-Small Projects Unincer. Shoulder;.trniNiaOammauon-,Left Shoulder; ❑ ❑ ❑ O 0 0 ® El 11 El El El1. HRJn-- wml Trml t Pnwcrcih day. day. monTy 202212005 CARPENTER 12/13 2019135-East Camplus Bldg 3Finger;laceration-Isccration,Left Finger; El ❑ IS] 1:10 B ® El El El El 1:1-Hand fp, - Tnnl wcmdl days day. monTy 202212010 Journeyman 12/20 4020187-UCI Irvine Campo .Forearm:Sm..NSprain-Sp m/Strain,Arm; ❑ 0 27 ® ❑ ❑ ❑ ❑ ❑ Medical fnano -Hard T-1(Net Pnwcrcdl days aays month/day 202212015 SALARIED 12/22 4018167 LAX AA T4&TS Back:SnraiNSoam se"',S-1r,Ha,k. 0 32 ® ❑ ❑ ❑ ❑ ❑ Rrdrvrinn __ 1:1 days days month/day 202212020 Field Engineer 12/22 7022174-Taylor CUB&GCS Pmj .Eye;Foreign body-Foreign Body(Eye),Left EyeEl ❑ ❑ 0 0 ® [1 El 1:1 El ❑ -M.r..:.l days oay.s montNday QHENSEL PHELPS 138 Plan. Build. Manage 2022 OSHA 300 LOG Log of Work-Related Injuries and Illnesses Year 2022 Company Name: Hensel Phelps Construction Co. DescribeIdentify the Person CHECK ONLY ONE box for each case (A) (B) (C) (D) (E) (Fl e Enter the number Check the"Injury"column of days the Injured or choose one type of Case Employee's name Job title Date of Injury Where the event occurred Describe Injury or Illness,parts of body or III worker was: Illness: no. (e.g Welder) oronset (e.g.Loading dock north affected,and objectlsubstance that of illness end) directly InJ.red or made person III.(e.g. Remained at Work (M) z Second degree bums on right forearm Away On job from acetylene torch) from transfer or z- na Days away Job transfer Other record- work reslrlCtlOn _ Y Death rmm wo,k or r-thc Ion able uses — h 8 d x (G) (H) (I) (J) (K) (L) (1) (2) (3) (<) (5) lel 202212030 LABORER 12128 4020189-Chins Lake South Airfield .Fiaaer;L—rationLcersttaa,Finale;- E-1 ❑ ❑ 0 0 ® ❑ ❑ ❑ ❑ ❑ day. day, '10111'Jrl'r• ♦,11 aM1.1, LJlJ.l 71011,41-IAll.nler•auml'm�ar II.rLlrvr.arl�,.�vuim-tied; ❑ O 11 0 a ❑ ❑ ❑ ❑ ❑ rnminal - El da+s —airs 12 34 0 1 21 180 1372 E This report was produced with the automatic 180 day cap s g a a N S (t) (_) (3) (4) (5) (e) QHENSEL PHELPS 139 Plan. Build. Manage. 2021 OSHA 300 LOG OSHA's Form 300A (Rev.01/2004) Year 2021 4e4P Summary of Work-Related Injuries and Illnesses p peuo.Is DtyPartilmth Ad-Ln p� F-- —1—1r1111115 Ad eshdnhments covered by Pen f 901 must-rapete thin Summery peg.,even d ri injuries or idra.ses occurred during the year.Remember to mvrew the Log to vxdy that the entries aro compote Usirg tho Log,count the i+dividuai entnas you mese for each category. Than write the totals below. Establishment information maAing sure you've added the entries from ovary page of the fog.If you had no cases write'0.' Empldyees tomer employees.and tha,i repnesentativ.s have the right to inview the OSHA Form 300 in Your establishment name Hensel Phelps Construction Co.-Corporate nu ail Mere its at trey. They els.he.Fr Ill adcess to the OSHA Fom 301 or h.ogNrv.1-1. See 29 CFR 1904 35,r OSHA's Recome-apog rule.for further doralls on she access pioNsl.ns for these forms Street 120 Sixth Aven;e Number of Cases City Small State Co:o-- Zip 60631 Industry deserip:ion(e.g.,me uf.ctum of motor trunk trailers; -otal number of Total number of Total number of cases Total number of Construction General Contractor deaths cases with days with job transfer or other recordable away from work restriction cases Standard t,dLetnal Cisnificakon(SIC),if known(e.g,,SIC 311 s) 0 2 16 10 1 5 4 2 (G) (H) (I) (J) OR North American Industrial ClossRcotion(NAILS),.f known(e.g.,336212) 2 3 6 2 2 0 Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 3.929 work Total hours worked by all employees ast 6 935 year 7,903.272 (K; L) Injury and Illness Types Sign here Total number of... Knowingly falsifying this document may result in a fire. (M) (1) Injury 28 (4) Poisoning 0 (2) Skin Disorder 0 (5) Hearin)Loss 0 A;�I'J t ,Inks tons ao- ,brit and tha111d,41 best of my knowledge:he entries are true,accurate.and (3) Respiratory Condition 0 (6)An Other Illnesses 0 Preeidem a CEO Mi aelJ Cho,ikay0� 970.352.6565 11s 1 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Funk reponng-ren for tris solation o'hform,(1011 u osim sled to ave.ge 55 minutes pe"esporae,including trite 2 revive Re nstuct.n,saami and ,ether me lad new.1.and wino a and review rte collection d Informa/or.Poo is are not reoured b respond b the mled n or i/ormalim.ries i; dsplays a�urreney veld OlA6 on number.r you lu>e any armenis abal nese eslual or any aspect:of t16 data collection dontact US Department of_ator.CSHA OPoce of Svnsl os Room N::fia4,200 ComaLlon A".NW,Washington.DC 211210.Do Mt send to competed 1Yes to lis)'fife. ® HENSEL PHELPS 140 Plan. Build. Manage. 2021 OSHA 300 LOG Log of Work-Related Injuries and Illnesses Year 2021 Company Name: Hensel Phelps Construction Co. Identify the Person___ Describe CHECK ONLY ONE box for each cas I (A) (B) (C) (D) (E) (F) Enter the number Check the'InJury•column of days the Injured or choose one type of Case Employee's name Job title Dale of injury Where the event occurred Describe Injury or Illness,parts of body or III worker was: Illness: no. (e.g Welder) or onset (e.g.Loading dock north affected,and objectisubstance that of Illness end) directly Injured or made person III.(e.g. (M) Remained at Work Away On job Second degree bums on right forearm .E' a from acetylene torch) from transfer or Days away Job transfer Other record- work restriction Death f—work or resbicd- able co•e• - - (G) (N) (1) (J) (IQ (L) (1) (2) (3) (4) (5) (5) 202101005 LABORER 1/06 7018146-Travis County Courta Back;Overexertion-Sprain/5train,Lower Back;- El ❑ ❑ Is] 0 0 ® ❑ ❑ ❑ ❑ ❑ p-hi days day, montWdey 202102010 LABORER 2/04 4018164 LAWA Airport Police -Fnicnne,Right Hand;-MaterielEl ❑ 1:10 62 ® ❑ ❑ ❑ ❑ ❑ days days month/day 202102015 Journeymen 2/09 5920030-Derby Roosevelt Ann;Cellulitis-Laceration,Left Arm; El ❑ ❑ 0 0 ® ❑ ❑ ❑ ❑ ❑ Bu;Id;nWCtructurea days days montlday 202104005 Journeyman 4/01 2018129 Marriott Bethesda .left lip puncture wooed-Conw,ioos/Cuta/Bmise, El ❑ ❑ do"0 0 days ® El 11 11 11 11Hrsrinnanr.. f.a Mnuth-Merni.l monthlday 202104010 CARPENTER 4/12 4020180-UCI Verano 8 •Face laceration-Laceration.Fee,-Hand ToolEl ❑ ❑ IS] 0 0 ® 1:1 11 E] 11 1:1(Nnr Pmvemdl day, day. month/day 202104020 CARPENTER 4/27 8020180-Naval Air Station lower back pain-SpraiNStrain,Lower Back; El ❑ ff] 1:10 13 ® ❑ 11 11 11 11prns ldo Eli B -BMdv Mntinn days days monlP ay 202105005 CARPENTER 5/07 5920030-Derby Roosevelt lark morin frecnue-Pracnee,Left Wrist;-Floor& ElF-1 ❑ 4 108 ® ❑ ❑ ❑ ❑ ❑ Omuld days day. mont day 202105010 LABORER 4/21 5019129-Samaritan MOB/PKG Knot sprain-St-iii/Strain.Riaht Knee;- El ❑ 1:10 44 N ❑ El 11 1:1 days day. month/day 202105015 Foramen 5/18 2019135 East Campus Bldg 3 .Finger avulsionimwh.Contusions/CrushBruiae, El ❑ 1:1 0 0 ® ❑ ❑ ❑ ❑ ❑ R;oht Fn.r.- day, day. month/day 202106005 Jotrmeytnan 6/03 5920030-Darby Roosevelt --rnher Back Sprain/Straia fipruNStrain,Lower Beck; r-1 F-1 ❑ 0 10 ® ❑ ❑ ❑ ❑ ❑ days day. montttlday 202106010 CARPENTER 6/05 7018149 Western Currency .Face&Arm;Dermatitis-,Fmnt Face;,BothEl ❑ ❑ 0 0 ® ❑ ❑ 11 1:1 11AMPlan- tdVeerdhnn dap day. month/day 202107005 Journeyman 7/08 5020144-Richards Blvd Office Ear,ace,soil left shoulder—,truck by ❑ ❑ ❑ 0 8 ® ❑ ❑ ❑ ❑ ❑ 1-1- hn••-Orhw.left Fere Curs n/Cn.�n 1 eft IL•_. days days monthlday 202107010 CARPENTER 7/16 4019178-City of Hope Wine . FhK.-overaxertipo-SpreiNSttaln,Left Knee; 1:1 El 191 1:10 180 ® El 11 1:1 11 11- nr A('.m,red days day. month/day 202108010 CEM FEN APPR 8/09 4018167 LAX AA T4&T5 Finger;t-accretion;Fr.duro-Fracture,Left El ❑ ff] 1:10 70 ® ❑ 11 11 1:1 1:1R rdevrlo.u..rnt Finom-Mwtrri.l day. days montTi day 202108015 Foreman 8/19 5020160-Sunnyvale Civic Center Eye;Foreign body-Foraieo Body(Eye),Eye; 1:1 ❑ ❑ IS] 0 0 ® El 11 11 -H.M Tml(Pnw,.M1 days days mon0ey 202109015 ltmmeyman 9/24 4018172-Delta Sky Way at LAX -Leg;sp at s e.Sp�/StnB. in,Le Floor& El ❑ O ❑ 0 8 ® El 1:1 11 11 1-1C.,a day. day. month/day QHENSEL PHELPS 141 Plan. Build. Manage. 2021 OSHA 300 LOG Log of Work-Related Injuries and Illnesses Year 2021 Company Name: Flenscl Phelps Construction Co. Identify the Person Describe CHECK ONLY ONE box for each caseEJ (A) (B) (C) (D) (E) (F) Enter the number Check the"Injury"column of days the Injured or choose one type of Case Employee's name Job title Date of Injury Where the event occurred Describe Injury or Illness,parts of body or III was: iII—:. no. (e.g Welder) or onset (e.g.Loading dock north affected,and object/substance that of illness end) directly Injured or made person III.(e.g. Remained at Work (M) as Second degree bums on right forearm Away On job J S c a 2 ,or o from acetylene torch) from transfez o Days away Job transfer Other cord- work restric retion w $ ao i a= Death from work erdestnctlon ablewses — '— (G) (H) (1) (J) (K) (L) (1) (2) (3) (4) (5) (6) 202110005 Field Engineer 10/12 4020189-China Lake South Airfield .Finger;brunelcmdustioe; ❑ a ❑ 0 0 ® ❑ 11 1:1 1:1 11f••nim-r nnn•.�nna/r'n..hna..i.r ISA Thnmh� tleya Jaye month/day 202110015 Field Engineer 10/20 8018169 Curbside Expansion-Tampa Eye;Foreign body-Foreign Body(Eye),Eye; El ❑ ❑ 0 0 ® ❑ ❑ ❑ ❑ ❑ Aiimnn --HavlTmllPnwemdl days days mont�aay 202111010 LABORER 11/17 7018149-Western Currency Left load middle finger: ❑ ❑ ❑ 0 82 ® ❑ ❑ ❑ ❑ ❑ _nh d'.nnnvinnWg!M'hmmivr.IPft Finoer days days monTy 202111015 CEMENT FINISHER 11/18 5019129-Samaritan MOB/PKG Lower beck sprain-Sprai lStram,Lower Back; El ❑ 1:10 5 ® ❑ ❑ ❑ ❑ ❑ SWQ&cteesff] days day. mont�irey 202111020 LABORER 11/22 8018174-Nashville Terminal Lobby -Sprained Ankle.Sprein/Strein,Left Ankle;-Floor El ❑ ff] 1:10 ]3 ® El El 11 11b TAR &r)mn^d days tleya montNday 202112005 Foreman 12/03 4020187-UCI Irvine Campus •Finger;tamrationrt§act ue-Fracture,Right --l— ❑ ❑ 0 0 M ® ❑ ❑ ❑ ❑ ❑ edical_ Finder-Mwteriwl days days monthlday 202112010 CARPENTER 12/06 2019135-East Camplus Bldg 3 .Finger;Cr uh-Contusions/Crush/Bndse,LeftO ❑ ❑ 0 180 ® ❑ ❑ 11 1:1 11 Finder-Marmal day. days month/day 202112015 LABORER 12/08 5919028-Calexico LPE Ph 2 Finger;Laceration-Laceration.Finger;-HandEl ❑ E] 0 8 ® El El 11 11QWJ1 nt Pnwemdl days days month/day 202112020 Journeyman 12/14 4020189-China Lake South Airfield Shoulder;Bruisod-Coowions/CrusWBruise, 1:1 1:1 ❑ 0 64 ® ❑ ❑ El El 1:1ChmdMr-Floor&C and days days mont ay 202112025 Area Superintendent 12/16 2018130 Marriott Bethesda Hotel Ankle; ❑ ❑ ❑ 0 34 ® ❑ ❑ ❑ ❑ ❑ wrmMl['nne.;��-Cnnn.ino./(lm.hmmbe Left days day. month/day 202112030Field Engineer 12/21 8018166 Vulcan Launcher Infias Back;B-i.es/Cmudiusimu ❑ ❑ ❑ 0 38 ® El 1:1 11 11 11mo Aar, Curc-Cnnnciondfl,r./wn, e. wt-Flnnr& days days nth/dav u 1o2I"Kliu< B1D2 'IU 1144 The A.enue.-Fh4 T.•,I. ... r.....11 ..r�..�, 1:1El1:1K ® ❑ ❑ 11 11 11fig Fra �1.•F 7. days days nionodudy Report Totals 0 _ 16 10 6 432 28 This report was produced with the automatic 180 day cap 4 (1) (2) (3) t4) (6) (6) QHENSEL PHELPS 142 Plan. Build. Manage. LOSS RATIO LETTER Flood • Peterson June 4, 2024 City of Round Rock General Services Department 221 E. Main Street Round Rock,TX 78664 Atte: Richard Will,Building Construction Manager Re: Request for Proposals for Construction Manager at Risk City of Round Rock—Bob Bennett Phases II,111, and IV Workers Compensation Insurance Coverage Loss Analysis and Loss Ratio To Whom It May Concern: As insurance agent for Hensel Phelps Construction Co. ("HP")and authorized representative for their carrier,Zurich American Insurance Company,we are providing the following information about HP's workers compensation insurance coverage loss analysis and loss ratio as specified in Sections 7.1.13 and 7.LC of Exhibit B of the above referenced RFP: SECTION 7.1.11 REQUEST: 7.Safety 7.1. Provide the following information in connection with your organization's safety program: B. Loss analysis from your organization's insurance carrier or insurance agent covering your organization's workers'compensation insurance coverage(Loss Runs)for the last three(3)years. (Loss run is also referred to as "statement of claims"or SOC.) a. Loss run must be provided by your organization's insurance carrier or insurance agent. Insurance carrier's company name or insurance agent(agency)must be clearly legible on documents provided. Names of claimants on loss run may be redacted. b. If there have been no losses,provide copy from your firm's insurance carrier showing no losses. RESPONSE: We have attached two sets of Loss Runs. The first set is a detailed Loss Run for Hensel Phelps' South Central Region,which covers all Texas operations,with only claimant names redacted. The second set of Loss Runs is a summary for all Hensel Phelps company operations. Please note Hensel Phelps' workers compensation policy renews each January 1.As a result,the attached Loss Runs show losses for the full policy years of 2021,2022, and 2023,along with year-to-date losses for 2024. 970.356.0123 floodpeterson.com QHENSEL PHELPS 151 Plan. Build. Manage LOSS RATIO LETTER Flood Peterson Page 2 SECTION 7.1.0 REQUEST: 7. Safety 7.1. Provide the following information in connection with your organization's safety program: C. Loss ratio from your organization's insurance carrier or insurance agent covering your organization's workers'compensation insurance coverage. a.Loss ratio must be provided by your organization's insurance carrier or insurance agent. Insurance carrier's company name or insurance agent(agency)must be clearly legible on documents provided. b. Loss ratio must be based on manual(unmodified)premium. Manual(unmodified)premium is premium without experience modifier applied. c.Ifpaid premium is submitted, experience modifier(from insurance carrier)must be provided. d. Time period corresponding to loss ratio must be provided. e. Typed or handwritten information concerning loss ratio prepared by your firm WILL NOT be accepted. f. Experience rating documents WILL NOT be accepted for this Paragraph C. RESPONSE: Below we provide the requested information,first for Hensel Phelps' South Central Region and then for all Hensel Phelps operations. Loss data is valued as of June 1,2024 for the entirety of HP, and valued as of June 3,2024 for the South Central Region. South Central Region Policy Year Manual(unmodified) Total Incurred Losses Manual Premium Loss Premium Ratio 2021 $183,851 $27,271 14.833% 2022 $196,832 $759 0.386% 2023 $148,667 $9,087 6.112% 2024 Not Yet Determined $1,002 Not Yet Determined All Company Operations Policy Year Manual(unmodified) Total Incurred Losses Manual Premium Loss Premium Ratio 2021 $6,523,310 $675,492 10.355% 2022 $6,348,447 $1,422,628 22.409% 2023 $5,867,630 $1,014,707 17.293% 2024 Not Yet Determined $152,418 Not Yet Determined 970.356.0123 floodpeterson.com QHENSEL PHELPS 152 Plan. Build. Manage. LOSS RATIO LETTER Flood • Peterson Please contact our office if you have any questions or additional information. Sincerely, Ryan Hybarger,CPCU Risk Consultant 970.356.0123 flood peterson.com =T QHENSEL PHELPS 153 Plan. Build. Manage. _ U J Q LL • Z I a 0 S ! V ZIL . 0! ILA • s i & REFERENCES EL PASO WATER UTILITY FIELD OFFICE OWNER: EI Paso Water Utility ARCHITECT: Mijares-Mora CONTACT: Gilbert Trejo Architects PHONE:915.594.5597 CONTACT:Jorge Mora EMAIL: gtrejo@epwater.org PHONE:915.542.1591 EMAIL:jmora@ mijaresmora.com EL PASO ELECTRIC CO. MONTANA TRAINING CENTER OWNER: EI Paso Electric Company ARCHITECT: Dekker Perich CONTACT: David Gamon Sabatini PH0NE:512.391.1571 CONTACT: Kurt Morton EMAIL: david.gamon@ PHONE: 915.208.2359 epelectric.com EMAIL: kurtism@dpsdesign.org CONTRA COSTA COUNTY ADMIN BUILDING & EOC i � OWNER: Contra Costa County ARCHITECT: Fentress Architects CONTACT: Eric Angstadt CONTACT:Jeff Olson `- PHONE:510.575.5145 PHONE:303.722.5000 EMAIL: eric.angstadt@ EMAIL: olson@fentressbradburn. cao.cccounty.us com yam- AUSTIN-BERGSTROM INTL AIRPORT TERMINAL/ APRON EXPANSION & IMPROVEMENTS OWNER:The Cit of Austin ARCHITECT: Gensler ' y Ir CONTACT: Ellen-Brunjes Brandt CONTACT: Mark Petterson PHONE:512.530.6620 PHONE: 512.867.8128 EMAIL: ellen.brandt@ EMAIL: mark_petterson@ austintexas.gov gensler.com MONTGOMERY COUNTY MULTI AGENCY SERVICE PARK OWNER: Montgomery County ARCHITECT: Giuliani Associates Department of General Services Architects, Inc. O" CONTACT: Rassa Davoodpour CONTACT: Mark Giuliani PHONE: 240.882.0588 PHONE:703.838.6060 A EMAIL: rassa.davoodpour@ EMAIL: mlg@gaa.com ! montgomerycountymd.gov ft iRo '..M..- �'.. le 1 w w � I 4 MONTGOMERY COUNTY MULTI AGENCY SERVICE PARK 9. UNIQUENESS 9.1. What do you feel will be unique about your company's participation in this Project? Our internal process and our systems are best suited for CM-at-Risk and Design-Build methodologies. Our project leadership is accustomed to getting into the details of the plans and specs, but also of the wayyour facilities and your departments operate. What has made us a successful aviation or civic builder,for example, is our attention to detail on the day-to-day use your facilities will get, the way we can mitigate impacts during construction, how to make the process less intrusive, and how to demonstrate to our clients that construction projects can be an enjoyable venture. We are confident that our hands-on approach throughout preconstruction will lead to a more positive experience and ultimately a better product for the City of Round Rock. HENSEL PHELPS + JACOBS:AN EXPERIENCED PARTNERSHIP Hensel Phelps has been working with Jacobs since 1983. Over 40 years,we've built a trusting relationship between our firms. Now, when given the opportunity to select our design partner for Design-Build pursuits, we often choose to team together. In total, we've worked on over 160 projects together, totaling over $14 billion and spanning over 61 million SF. Of these projects, over half have been completed for public agencies,totaling $8.1 billion and spanning 21 million SF. Our extensive history partnering together has led to many shared internal design management and preconstruction processes and procedures, and similar values instilled in our people. In the past year alone in Texas, Hensel Phelps and Jacobs have teamed on two multi-year Multiple Award Task Order Contracts (MATOC) for the federal government.These MATOCs are five and seven year commitments to pursue Army Corps of Engineers and General Services Administration work together across the southwest as a cohesive team. We do not take these multi-year commitments lightly, but there is no design firm we trust more than Jacobs for this journey.This existing bond between our two firms, the leaders of our companies, and the similarity in our management style is undoubtedly a benefit to the City of Round Rock and the Bob Bennett project's success. Rx IFi 'f i 165 61M I projects square feet 1 r P'0 P T LTf Cr A;" 1' $14 • • L yM f� QHENSEL PHELPS 157 Plan Build. Manage 9. UNIQUENESS THE HENSEL PHELPS DIFFERENCE National Expertise with Local Roots Efficient Project Management Hensel Phelps is a well-established and The staff assigned to this project is fully respected national contractor with a strong dedicated to this project alone. Our local presence. Our expertise, honed on a wide management teams are full-time onsite with range of projects across the country, will ensure no other project responsibilities so that we can the City of Round Rock's Bob Bennett Building efficiently manage and coordinate with the project benefits from the latest industry trends, best possible service to our clients. best practices, and cutting-edge technology. Access to National Resources Innovative Solutions Hensel Phelps' national network provides Known for our innovative approach to access to a broad range of resources, including construction projects, Hensel Phelps' expertise, equipment, and materials.This can participation in the master plan will bring be particularly advantageous when facing new, creative solutions to the challenges of unique or specialized requirements in a project revitalizing and enhancing the Bob Bennett of this magnitude. Building, resulting in a building that meets the City's needs. Legacy of Excellence Hensel Phelps' reputation for delivering Advanced Technology exceptional projects that stand the test of time Hensel Phelps is at the forefront of leveraging will contribute to the long-term success and technology in construction. Our use of Building sustainability of the Bob Bennett Building Information Modeling (BIM) and other digital project. tools can provide a more accurate and efficient construction process. -- Strong Safety Culture Our stringent safety protocols and commitment to a safe work environment will ensure that the construction phase of the project proceeds without incident, safeguarding both workers and the public. �a Commitment to Quality Hensel Phelps is renowned for delivering high- quality projects. Our focus on craftsmanship v Round Rock � c Round Rock Round Rock Rourd Rock and attention to detail will result in a finished Public Library v Public 16,o,y Public Library v Publicbbrar, building that exceeds community expectations in terms of aesthetics, functionality, and durability. Community Engagement and Philanthropy Our involvement in the Round Rock community extends beyond construction. Many of our employees live and play in the community. Hensel Phelps often participates in local outreach programs, providing Wgrg-MT-Nn.21'rel"M W. opportunities for community enrichment. I QHENSEL PHELPS 158 Plan. Build. Manage. EXHIBIT C Selection Criteria and Proposal Cost Form 45 CITY OF ROUND ROCK Project: Bob Bennett Phase II, III, and IV REQUEST FOR PROPOSALS CONSTRUCTION MANAGER-AT-RISK SELECTION CRITERIA EXHIBIT C Selection Criteria The responses to the Questionnaire and Proposed Cost Summary from the Construction Manager-at-Risk(CMAR) will be evaluated by the City of Round Rock Construction Committee based on the following criteria. Each performance measure will be rated by assigning a point value between 0 (not acceptable/poor) and 5 (excellent)points. The maximum points achievable is 100. The maximum number of points per category is noted. Qualifications (Total 60 Points) Company Information and Past Performance (Total 5 Points) 1. Is the company competent and stable with a history free from claims and suits? (5) Company Past Project Performance and Reputation (Total 10 Points) 2. Has the proposer performed local projects (local is defined as the Austin-Round Rock MSA)? (2) 3. Has the proposer performed work for public clients listed and was the project overall a positive experience for those clients? (4) 4. Are the projects presented equal or greater in complexity, scope, and dollar value when compared with the proposed project? (4) Strength of Company Financials (Total 10 Points) 5. Is the company financially stable reflected by income to debt ratio? (5) 6. Can the company financially support the project with existing financial commitments? (5) Company Performance as a Construction Manager at Risk (Total 15 Points) 7. CMAR's described methodology for pre-construction services (3) 8. CMAR's described methodology of cost control and savings (3) 9. CMAR's described methodology of construction phase services (3) 10. CMAR's described methodology of BIM and use of BIM to facilitate quality construction (3) 11. CMAR's proposed plan, value add, and/or unique contribution to project (3) Proposer's Personnel and Team Qualifications (Total 15 Points) 12. Do the construction team's resumes reflect technical knowledge and practical experience managing and constructing CMAR projects, equal to the proposed project? (5) 13. Does the team's references and past project performance reflect a positive, collaborative, and problem-solving ability? (10) Company Safety Plan and Rating (Total 5 Points) 14. Has the company been successful at minimizing work site accidents and loss (5) 46 Cost (Total 40 points) A. Total Proposed Fee for Pre-Construction(10) B. General Conditions (15) C. Base Fee and Other Charges (15) 47 EXHIBIT C FINANCIAL PROPOSAL 1ACC Y J N r - Baca Building,just one of the many buildings brought to life during C • • Bennett's tenure. PROPOSALFORM CITY OF ROUND ROCK PROPOSED COST SUMMARY EXHIBIT C Attachment Exhibit C City of Round Rock CMAR Cost Proposal Form Project: Bob Bennett Phases II, III, and IV Proposed Preconstruction Duration: 18 Months Proposed Construction Duration: 48 Months Proposed Construction Budget: $48,000,000.00 Proposers Company Name: HENSEL PHELPS CONSTRUCTION CO. Proposers Company Address: 8326 CROSS PARK DR. City, State,Zip Code: AUSTIN,TEXAS 78754 Phone Number: 512.834.9848 Pre-Construction Services A. Pre-Construction Services $ 25,000.00 Written: TWENTY-FIVE THOUSAND DOLLARS The intent of the Pre-Construction services phase is to work with the project's Owner and Designers to help deliver a satisfactory project that meets the Owner's objectives. In addition to estimating, the pre-construction team will participate in design decisions, evaluations, studies, value Architecting, value analysis, scheduling, constructability reviews, and other services described herein. Design costs, permitting, land acquisition, and life-cycle costs may also be evaluated. In delivering pre-construction services, the Construction Manager will also be negotiating for project construction services and an agreed upon guaranteed maximum price (GMP) for the project. o Project estimates and variance o Provide constructability reviews reports o Risk reduction o Establish bidders; list and pre-qualify o Budget escalation control and value o Promote the project and hold pre-bid Architecting conferences 48 QHENSEL PHELPS 160 Plan. Build. Manage. PROPOSALFORM General Conditions b.l. Supervision & Management Proposed Cost $ 4,327,356.00 FOUR MILLION THREE HUNDRED TWENTY-SEVEN THOUSAND Written: THREE HUNDRED FIFTY-SIX DOLLARS The Construction Manager is responsible to always provide adequate management and supervision of the project and your proposal will be scored accordingly against the lowest cost of all proposals. A requirement of this proposal is for all costs associated to this responsibility to be included in Management Personnel Cost for this project. All supervisory and management personnel such as Project Managers, Superintendents, Field and Project Engineers, General Foremen, Quality Assurance, Safety, and any other home office and jobsite support staff shall be included in your proposal. The owner will not incur any additional costs for supervisory or management personnel required for the proper execution and oversight of the Work. In no case will the Construction Manager be allowed to add additional fees or require subcontractors or suppliers to include an additional fee for the Construction Manager in a bid package. o Project Manager(s) o Quality Assurance Manager/ o General Superintendent(s) Engineer(s) o Assist. Superintendent(s) o Administrative Support o Field Engineer(s) o Other(s) onsite required for o Safety Engineer(s) execution and oversight A"General Requirements" section will be included in the bid package for the Project containing items such as: BIM coordination and BIM personnel. General Requirement Items shall be inclusive to the cost of the "Work." See section 00900 for acceptable General Requirements b.2. Temporary Facilities, Associated Equipment, and Supplies Proposed Cost $ 623,165.00 Written: SIX HUNDRED TWENTY-THREE THOUSAND ONE HUNDRED SIXTY-FIVE DOLLARS The Construction Manager shall provide necessary support for the safe and efficient construction of the project. This should include provisions for site offices and storage facilities, all communications equipment, computers and printers, copiers, paper and office supplies, postage. Expenses for cars and pickup trucks should also be included. o Site Office and Storage Facilities o Site Office Water, Wastewater, o Communications Equipment & and Power Fees Phones o Copiers, Paper& Office Supplies o Computers & Printers o Postage & Shipping o Information Technology o First Aid Supplies Software & Hardware o Personnel Vehicle(s) o Management Software Services & Fees 49 QHENSEL PHELPS 161 Plan Build Manage. PROPOSALFORM A"General Requirements" section will be included in the bid package for the Project containing items such as: Construction Trash, Temp Toilets, Project Signage, Dumpsters, Barricades, Fence, Cleaning, Erosion Control, Hoisting, Lifting, Construction Equipment, and Utility Connections and Consumption for temporary and permanent utilities. General Requirement Items shall be inclusive to the cost of the "Work." See section 00900 for acceptable General Requirements b.3. Surety & Insurance(s) Lump Sum Cost$ 734,233.00 Written: SEVEN HUNDRED THIRTY-FOUR THOUSAND TWO HUNDRED THIRTY-THREE DOLLARS All surety and insurance costs should be based on the proposed project budget. This should include the total cost for the Construction Manager's performance and payment bonds, liability insurance costs, and all other special insurance requirements noted in this RFP. o CM Performance & Payment Bonds o Liability, Worker Comp, and Umbrella Liability Insurance Premiums o Builders Risk Insurance o Other Insurance Required by RFP B. General Conditions Proposed Cost $ 5,684,756.00 Written: FIVE MILLION SIX HUNDRED EIGHTY-FOUR THOUSAND SEVEN HUNDRED FIFTY-SIX DOLLARS Sum of Supervisory and Management Personnel, Temporary Facilities, Associated Equipment, Supplies, and Surety & Insurance(s) Lump Sum Cost. Construction Managers Fee C. Construction Manager Base Fee Stated as Percentage 3.25 Must be expressed as a percentage. The proposed base fee shall include all related executive expenses (Project Executive/Principle in Charge), legal expenses for contract and subcontract administration, accounting services, all primary office clerical & secretarial work, miscellaneous cost for office copies and printing, and all forms, documents, and reports. Must be stated as a percent. The percent stated will be applied according to A133-2019 terms and conditions. Subcontractor Bonds and Subcontractor Default Insurance D. Subcontractor Bonds or SDI Program Costs Stated as Percentage 1.5 % Must be expressed as a percentage based on the actual cost of work. Percentage should not be applied to General Conditions. The expressed percentage will be the maximum allowable costs incurred to the project, reimbursable by the Owner. [PROJECT BUDGET- FEE- GC's] x 1.5% QHENSEL PHELPS 162 Plan. Build. Manage. COST • E1. Bob Bennett Phases II, III, IV Cost Form Table Proposed Construction Total Proposed Pe Budget$48,000,000.00 Percent Proposed Cost Percent Proposed Cost Percent Proposed Cost Cost Form Phase II- 12 Months- Phase III-24 Months- Phase IV-12 Months- I8 million 23 million 7 million A. Preconstruction ° $ ° $ 0 0.00% $ $ Services 0.14/° 25,000.00 0.00/° 0 25,000.00 b.1 Supervisory and 6.31 /°° $ 1,135,685.00 9.88% $ 2,271,370.00 13.15% 920,301.00 $ 4,327,356.00 Management b.2 Temporary Facilities, 1.17% $ $ 211,141.00 1.21% $ 279,446.00 1.89% 132,578.00 $ 623,165.00 Equipment, Supplies b.3 Performance and Payment Bonds 0.62% 111,600.00 0.62% 142,600.00 0.62% 43,400.00 297,600.00 b.3 Insurance Premiums 0.75% $ 135,000.00 0.75% $ 172,500.00 ° $ 52,500.00 $ 360,000.00 � 0.75/° 8 0 b.3 Builders Risk 0.11% $ 19,409.00 0.22% $ 49,676.00 0.11% $ 7,548.00 $ 76,633.00 a� C. Construction $ $ $ $ Managers Fee 3.25% 585,000.00 3.25% 747,500.00 3.25% 227,500.00 1,560,000.00 y O o D. Subcontractor Bonds $ $ $ $ �- 1.27% 229,248.00 1.27% 292,928.00 1.27% 89,152.00 611,329.00 p., and Default Insurance W SubTotal 13.62% $2,452,083.00 17.20% $ 3,956,021.00 21.04% $ 1,472,980.00 $ 7,881,083.00 QHENSEL PHELPS 163 Plan. Build. Manage. Exhibit C Section E2 Manloader Sheets Page 1 of 3 Addendum #3 / Insert Project Duration in Months here \LV�LO_-1DER General Contractor's Staff Total Project Duration in Months 12 Ins ertJlonth: Jun Jul Aug Sep Oct Nov Dec Jan Feb Afar Apr _lfac %Ionth\o.: 1 '_ 3 4 6 7 8 9 10 11 12 Insert staff positron here Total Total FT Total Months Months 0/0 Commitment Assigned Committed Ch1-site Administration S tafE'Co.tiame 1 Proect\Iana2er Priscilla\oioskv loox loot loot loot 100% 100% 100% loot toot toor. toot t00% 100°0 12.00 1'_.00 Project Superintendent D-.Ynoru ue Burton 100% 100% 100% 100% l00% 100% t00% 100% 100% loo/ 100% 1002 100°0 12.00 1100 3 _Area Superintendent-Self Rork>Iana2er Philip Goertz i Self Rork' 0°'0 0.00 0.00 1 A'DC Engineer 0°'0 0.00 0.00 Pro'ectFnaineer Juan Balderas tow.. t00% 1010% 100% 100% t00% t00% tool 100% t00% t00% 100% 100"0 12.00 12.00 6 Office En=eer 1 TBD 50x 50%1 50%1 507 50% 50% 50%1 50/ 507 1 507 1 507 507 1 50% 12.00 6.00 - Office En dineer_ r 0°'0 0.00 0.00 S FieldEnaineer 1 TBD 100% 100% 100% 100% l00% 100% 100% 100Y. t00% t00%1 t00% 100% 10000 1'.00 ! 12.00 9 Field Eneineer_' TBD Self'k ork` 00wo 0.00 0.00 10 -Admin TBD 4or. 40% 40% 40% 40% ao% 40% 40% 40% ao% 40% 40% 400-0 12.00 4.80 11 Staff'Support toox mo% 100% 259.0 3.00 3.00 12 094 0.00 0.00 13 V,4 0.00 0.00 14 0% 0.00 0.00 1i 00/0 0.00 0.00 16 004 0.00 0.00 17 0°0 0.00 0.00 13 0°0 0.00 0.00 19 00/0 0.00 0.00 20 11 1 0,0 0 00 0.00 Total FT On-Site 5.9 5.9 1 +".9 1 4.9 1 4.9 1 4.9 1 4.9 1 4.9 1 4.51 1 4.9 1 4.9 1 4.9 1 75.00 1 61.80 QHENSEL PHELPS 164 Plan. Build. Manage. Exhibit C Section E2 Manloader Sheets Page 2 of 3 Addendum Ata Insert Project Duration in Months here \U1NLOADFR Insert%commitment of time for the current month. General Contractor's Staff Total Ptogect Dwauon m Months 24 , 2026 20 2028 Insert-Month:Jul Aug Sep Oct Nm Dec Jan Feb afar Apr Mar Jun Jul Au Oct Nov Dec Jan Feb Mar Apr May Jun Month No.: 1 2 3 4 5 6 7 8 9 10 11 12 13 4 1 15 16 17 18 19 20 21 22 23 24 Insert staff position here Total T@W Total FT \� %CommtentimWaft Months Asuipmd Committed On-site Administration Staff/Co.Name I Project Mwtaeer Pnsalla Norosk, 100% 100% 100% 100% 100% 100% /00% 100% 1002 1001 1001 100% 100% 1002 1002 100% 100% 100% 10P/. 100% 100% 100% t00% 100% 100". 24.00 2400 2 Project$ enntendent Drutnoue Burton 100% 100% !Lo 100% 100% 100% 100% 100% 100% 100-%. 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100'. 2400 24.00 3 _Area Su ermtendent-Self Work\Ianaeer Goertz(Self R'otk 00. 0.00 0.00 1-CDC Engineer 0°a 0.00 0.00 5 Project Enzjneer Juan Balderas 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100". 24.00 24.00 6 Office Engineer 1 TBD 100% 100% 100% 100% l00% 100% 1007.. 100% 100% 100% 100% 100% 500. 12.00 12.00 - Office Engineer 01. 0.00 0.00 8 Field Enetneer l TBD 100% m0% 100% 100% 100% I00% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% t00% 1001 loo.. 100% 100% 100% 100% 100°. 24.00 24.00 9 Field Engineer_2 TBD(Self Wort 0°0 0.00 0.00 10 Admu1 TBD 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40°. 24.00 9.60 11 Staff S ort lar/ 100% 100% 100% 100% 100% _'5.. 6.00 6.00 12 Ir. 0.00 0.00 13 00-0 0.00 000 14 00. 0.00 0.00 15 000 0.00 0.00 16 000 0.00 0.00 1' 000 0.00 0.00 I S 000 0.00 0.00 19 V. 0.00 0.00 20 00. 000 000 Total FT U45.On-Site 6.4 6.4 6.4 5.J 5.4 .+.4 +.4 :.4 SA 5.4 4A 4.4 4A 4.4 4.4 4.4 4.4 4.4 138.00 123.60 QHENSEL PHELPS 165 Plan. Build. Manage. Exhibit C Section E 2 Manloader Sheets Page 3 of 3 Addendum#3 Insert Project Duration in Months here ]L�\ZO.�DEft Insert% commitm, for the current General Contractor's Staff Total Project Duration m\lonths 1.2 202Y Insect Month: Aug Sep Oct \m Dec Jan Feb \lar Apr ]lad- Jun Jalc Month No.! 1 2 3 4 5 6 78 9 10 11 12 Insert staff positron here Total Total FT \ Total -lfonths Uonths %Contmitntent Assigned Committed On-site Administration Staff/Co.Name 1 Proect\lanager PnsctUa\oroskz- loo/ 100% t00% 100% too. 1001% too•% t00% l00% 100% t00% l00% 100°0 1'_.00 I_.DO Project Su enntertdent Dvtmon1 ue Burton too. too. foo. lacy l00% l00% loot l00% 1100% l00% l00% to %. 1011°0 12.00 12.00 3 Area Su enntendent-Self«-ork Manager ?tali GOertz 'Self'Work-) 0°0 0.00 0.00 4 -DC Enzineer 0% 0.00 0.00 5 ProectEngmeer Juan Balderas t00% t00% loot t00% l00% 100% 100% 100% t00% roc% 100% 100% 100% 12.00 12.00 6 Office Engineer 1 TBD 0% 0.00 0.00 Office Engineer_' 046 0.00 0.00 8 Field Engineer I TBD loo/ f00% 1007 loo/ loo. 100% 50°0 6.00 6.00 9 Field Engineers TBD Self Work 000 0.00 0.00 10 Admin TBD 40% 40% 40% 1 40% 40% 40% 40% 40% 40% 40% 40% 40% 1000 12.00 480 11 0% 0.00 0.00 12 0"-b 0.00 0.00 13 0% 0.00 0.00 14 0100 0.00 0.00 15 04% 0.00 0.00 16 00/0 0.00 0.00 17 Of% 0.00 0.00 IS Oao 0.00 D.00 19 0% 0.00 0.00 20 0/0 0.00 0.00 Total FT On-S ite 4.4 4.4 4.4 4.4 4.4 4.4 3.4 3.4 3.4 3.3 3.4 3.4 54.010 46.80 QHENSEL PHELPS 166 Plan. Build. Manage. Acknowledy,ement: The foregoing is true and correct. The City of Round Rock, or any authorized representative of the City of Round Rock, is authorized by the undersigned to contact any firm, institution, or person listed above to obtain information about the firm's services, financial condition, and any other information which the City of Round Rock might determine as being desirable. Signature of Proposer Printed Name of Proposer BRADLEY D. WINANS Title REGIONAL VICE PRESIDENT Name of Firm HENSEL PHELPS CONSTRUCTION CO. Address of Firm 8326 CROSS PARK DR.,AUSTIN,TEXAS 78754 Telephone Number of Firm 512.834.9848 [Corporate Seal, if a corporation] ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF W'AkC�fY) -!O r) § SUBSCRIBED AND SWORN TO BEFORE ME on this the�'��day of the month of 7:5 t h.vgR , 2024, in the capacity and for the purposes indicated. t& .0 , Notary Public, State of Texas. My Commission Expires: Y-0Vj-rk-kDLaj �.�a�P�•,, CRISTAL JAWELL BROWN Notary Public.State of Texas Comm.Expires 02-17.2027 Notary ID 134208178 c� QHENSEL PHELPS 167 Plan. Build. Manage EXHIBIT D Form of Agreement, General Conditions, Special Conditions, and Supplemental Conditions of Contract for Construction 54 FORM OF AGREEMENT Reference AIA Document A 13 3-2019 Standard Form Agreement Between Owner and Construction Manager as Constructor where the basis is cost of Work Plus a Fee with a Guaranteed Maximum Price *The City reserves the right to negotiate terms and revisions to the A133-2019 with agreement between City and Contractor. 55 Document A133' - 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the day of September in the year 2024. ADDITIONS AND DELETIONS: (In words, indicate day, month, and year.) The author of this document has added information needed for its completion.The author may also have revised the text of the original BETWEEN the Owner: AIA standard form.An Additions and (Name, legal status, address, and other information) Ci of Round Rock Deletions Report that notes added City information as well as revisions to the 221 East Main St standard form text is available from Round Rock,Texas 78664 the author and should be reviewed.A vertical line in the left margin of this and the Construction Manager: document indicates where the author (Name, legal status, address, and other information) has added necessary information Hensel Phelps Construction Company and where the author has added to or 8326 Cross Park Dr. deleted from the original AIA text. Austin,Texas 87854 This document has important legal consequences.Consultation with an for the following Project: attorney is encouraged with respect (Name, location, and detailed description) to its completion or modification. BOB BENNETT PHASES H,III,AND IV The Owner,along with Jacobs Engineering,developed a Master Plan of all AIA Document A201 TM-2017, phases to create the Bob Bennett Complex(BBC)—a single campus that contains General Conditions of the Contract Administrative Office and Departmental Shop functions for Utility and Environmental for Construction,is adopted in this Engineering(EU),Transportation(T),and General Services Fleet Maintenance,Facility document by reference.Do not use Maintenance,and Administrative departments.The Master Plan envisioned a 20-year with other general conditions unless growth plan accomplished in three phases.Phase 1 of the Master Plan was completed in this document is modified. 2019 and included all functions for the Utility and Environmental group and the engineering services for Transportation.The scope of services will review and update the Master Plan to verify all groups and functions are accommodated.The Master Plan will address Owner's needs beyond the original 2035 long term goals as the Owner's growth rates have exceeded the original master plan goals.The planning date will be determined during the Master Plan update.From this Master Plan phases 2,3,and 4 will be designed and built over the following 5 to 7 years to eventually complete the full Bob Bennett Complex(BBC).The took and feel of all phases of the design will be consistent with the Phase I facility. The Architect: (Name, legal status, address, and other information) Jacobs Engineering Group,Inc. 1999 Bryan Street Suite 3500 Dallas,Texas 75201 The Owner and Construction Manager agree as follows. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES,AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project,as described in Section 4.1.1: (Insert the Owner's program,idents documentation that establishes the Owner's program,or state the manner in which the program will be developed.) Program to be developed.Reference Request for Proposal May 2024. § 1.1.2 The Project's physical characteristics: (Idents or describe pertinent information about the Project's physical characteristics, such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site, etc) Reference Request for Proposal May 2024,Exhibit A-Description of Project. § 1.1.3 The Owner's budget for the Guaranteed Maximum Price,as defined in Article 6: (Provide total and, if known, a line item breakdown) $48,000,000.00(forty-eight million dollars and no cents) Reference Request for Proposal May 2024,Exhibit A-Description of Project. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 2 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 1.1.4 The Owner's anticipated design and construction milestone dates: (Paragraphs deleted) Reference Request for Proposal May 2024,Exhibit A-Description of Project. § 1.1.5 The Owner's requirements for accelerated or fast-track scheduling,or phased construction,are set forth below: (Idents any requirements for fast-track scheduling or phased construction.) NA § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Idents and describe the Owner's Sustainable Objective for the Project, if any.) NA § 1.1.6.1 If the Owner identifies a Sustainable Objective,the Owner and Construction Manager shall complete and incorporate AIA Document E234Tm-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition, into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E234-2019 is incorporated into this agreement,the Owner and Construction Manager shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. Reference Request for Proposal May 2024. § 1.1.7 Other Project information: (Idents special characteristics or needs of the Project not provided elsewhere) Reference Request for Proposal May 2024. § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information) Matthew Smith,Project Manager,City of Round Rock 212 Commerce Blvd Round Rock,Texas 78664 Office: 512-218-7016 Cell:512-639-7433 § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other contact information) Jacobs Engineering Group,Inc. § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer:UES 7 Roundville Lane Round Rock,TX 78664 Phone: 512-284-8022 .2 Civil Engineer:Jacobs Engineering Group,Inc. 1999 Bryan Street Suite 3500 Dallas,Texas 75201 .3 Other,if any: (List any other consultants retained by the Owner,such as a Project or Program Manager.) Preferred Technologies LLC Austin Structured Cabling Powers Engineering HTS Texas Ford AV Inst. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 3 08/19/2024 under Order No'2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 1.1.11 The Architect's representative: (List name,address,and other contact information) Kris Kunkel,Senior Project Architect,Jacobs Engineering Group,Inc. 979-476-0090 2705 Bee Cave Road,Suite 300 Austin,TX USA § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information) Priscilla Norosky-Project Manager,Hensel Phelps Construction Company 8326 Cross Park Dr Austin,TX 78754 512-834-9848 § 1.1.13 The Owner's requirements for the Construction Manager's staffing plan for Preconstruction Services,as required under Section 3.1.9: (List any Owner-specific requirements to be included in the staffingplan) Priscilla Norosky-Project Manager,Hensel Phelps Construction Company DymoniQue Burton-Superintendent,Hensel Phelps Construction Company Elissa Adams-Senior Estimator,Hensel Phelps Construction Company Reference Response to Request for Proposals-Exhibit C § 1.1.14 The Owner's requirements for subcontractor procurement for the performance of the Work: (Paragraph deleted) Competitive bidding following Texas Government Code 2269 as qualified by Construction Manager § 1.1.15 Other Initial Information on which this Agreement is based: § 1.2 The Owner and Construction Manager may rely on the Initial Information.Both parties,however,recognize that such information may materially change,and,in that event,the Owner and the Construction Manager shall appropriately adjust the Project schedule,the Construction Manager's services,and the Construction Manager's compensation.The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days'prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 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,all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.If anything in the other Contract Documents,other than a Modification,is inconsistent with this Agreement,this Agreement shall govern.An enumeration of the Contract Documents,other than a Modification,appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment of the Owner to furnish efficient construction administration,management services,and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with this Agreement.The Owner agrees to furnish or approve,in a timely manner,information required by the Construction Init. AIA Document A133-2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 4 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase,AIA Document A201 Tm-2017,General Conditions of the Contract for Construction,shall apply as follows: Section 1.5,Ownership and Use of Documents; Section 1.7,Digital Data Use and Transmission;Section 1.8,Building Information Model Use and Reliance; Section 2.2.4,Confidential Information; Section 3.12.10,Professional Services;Section 10.3,Hazardous Materials;Section 13.1,Governing Law.The term "Contractor"as used in A201-2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase,the general conditions of the contract shall be as set forth in A201-2017,which document is incorporated herein by reference.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2,and in the applicable provisions of A201-2017 referenced in Section 2.3.1.The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3.The Owner and Construction Manager may agree,in consultation with the Architect,for the Construction Phase to commence prior to completion of the Preconstruction Phase,in which case,both phases will proceed concurrently.The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services.The Owner shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of services and information furnished by the Construction Manager.The Construction Manager,however,does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price.The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws,statutes,ordinances, codes,rules and regulations,or lawful orders of public authorities,but the Construction Manager shall promptly report to the Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Owner may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress,coordination,and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials,building systems,and equipment.The Construction Manager shall also provide recommendations to the Owner and Architect,consistent with the Project requirements,on constructability;availability of materials and labor;time requirements for procurement,installation and construction;prefabrication;and factors related to construction cost including,but not limited to,costs of alternative designs or materials,preliminary budgets,life-cycle data,and possible cost reductions. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified,the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance.The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services.The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's services,other Owner consultants' services,and the Owner's responsibilities;and identify items that affect the Project's timely completion.The updated Project schedule shall include the following:submission of the Guaranteed Maximum Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects;"American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 5 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with 1 the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Price proposal;components of the Work;times of commencement and completion required of each Subcontractor; ordering and delivery of products,including those that must be ordered in advance of construction;and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager,in consultation with the Architect,shall provide recommendations with regard to accelerated or fast-track scheduling,procurement,and sequencing for phased construction.The Construction Manager shall take into consideration cost reductions,cost information,constructability,provisions for temporary facilities,and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare,for the Architect's and Owner's review and the Owner's approval,preliminary estimates of the Cost of the Work or the cost of program requirements using area,volume,or similar conceptual estimating techniques.If the Architect or Construction Manager suggests alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation,and market conditions,until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work.The estimate shall be provided for the Architect's review and the Owner's approval.The Construction Manager shall inform the Owner in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget,and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules,for the Architect's review and the Owner's approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment,materials,services,and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner's review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234Tm-2019,Sustainable Projects Exhibit, Construction Manager as Constructor Edition,attached to this Agreement. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14,the Construction Manager shall provide a subcontracting plan,addressing the Owner's requirements,for the Owner's review and approval. § 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement The Construction Manager shall prepare,for the Architect's review and the Owner's acceptance,a procurement schedule for items that must be ordered in advance of construction.The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction.If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,the Owner shall procure the items on terms and Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 6 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with / the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) conditions acceptable to the Construction Manager.Upon the establishment of the Guaranteed Maximum Price,the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities applicable to its performance under this Contract,and with equal employment opportunity programs,and other programs as may be required by governmental and quasi-governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager,or reference an exhibit attached to this document (Describe any other Preconstruction Phase services,such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc) § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review,and the Owner's acceptance.The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work,the Construction Manager's contingency described in Section 3.2.4,and the Construction Manager's Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development,the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope,systems,kinds and quality of materials,finishes,or equipment,all of which,if required,shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which shall include the following: .1 A list of the Drawings and Specifications,including all Addenda thereto,and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal,including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price,including a statement of the estimated Cost of the Work organized by trade categories or systems,including allowances;the Construction Manager's contingency set forth in Section 3.2.4;and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based;and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal,the Construction Manager shall include a contingency for the Construction Manager's exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal.In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis,or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal,the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager.Following acceptance of a Guaranteed Maximum Price,the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement,a copy of which the Owner shall provide to the Architect.The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA;the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 7 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment,unless the Owner provides prior written authorization for such, costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment.The Owner shall promptly furnish such revised Contract Documents to the Construction Manager.The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales,consumer,use and similar taxes for the Work provided by the Construction Manager that are legally enacted,whether or not yet effective,at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201-2017,the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or,prior to acceptance of the Guaranteed Maximum Price proposal,by written agreement of the parties.The written agreement shall set forth a description of the Work to be performed by the Construction Manager,and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,progress, coordination,scheduling,and status of the Work.The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment,the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201-2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis,or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and Architect,showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep,and make available to the Owner and Architect,a daily log containing a record for each day of weather,portions of the Work in progress,number of workers on site,identification of equipment on site, problems that might affect progress of the work,accidents,injuries,and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work,including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner,and shall provide this information in its monthly reports to the Owner,in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness,regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,constraints,and criteria,including schedule,space requirements and relationships,flexibility and expandability,special equipment,systems,sustainability and site requirements. Init. AIA Document A133-2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 8 08/19/2024 under Order No'2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.After execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Article 7,(2)the Owner's other costs,and(3)reasonable contingencies related to all of these costs.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work as not to delay the progress of the Work,after receiving the Construction Manager's written request for such information or services.The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests,inspections,and reports,required by law and as otherwise agreed to by the parties, such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; Adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade, including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner,when such services are requested,shall furnish services of geotechnical engineers,which may include test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials, seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work as not to delay the progress of that Work,after receiving the Construction Manager's written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234T"r-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project.The Owner's representative shall render decisions promptly and furnish information expeditiously,so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1 of A201-2017,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. § 4.2.1 Legal Requirements.The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 4.3 Architect The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B 133T"L2019,Standard Form of Agreement Between Owner and Architect,Construction Manager as Constructor Edition,including any additional services requested by the Construction Manager that are necessary for the Inst. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,"`American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 9 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Preconstruction and Construction Phase services under this Agreement.The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect,and any further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2,the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items,,as applicable) $25,000.00(twenty-five thousand dollars and no cents)reference Response to Request for Proposal May 2024 Exhibit C and$400,000.00(four hundred thousand dollars and no cents)as a prework allowance. §5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager's Consultants and Subcontractors,if any,are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) NA Individual or Position Rate (Row deleted) § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager,as required by law or collective bargaining agreements,for taxes,insurance,contributions, assessments and benefits and,for personnel not covered by collective bargaining agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within twelve( 18) months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid Thirty-one(3 1)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon) Refer to Texas Prompt Payment Act ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment.The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) 3.25%percentage of Cost of Work in accordance with terms and conditions herein. § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: NA § 6.1.4 Limitations,if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: 10%(ten)overhead and 5%(five)profit. § 6.1.5 Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA;the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 10 08/19/2024 under Order No'2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) With respect to any construction work that the Construction Manager elects to undertake with its own forces,after written approval from Owner,Construction Manager shall be paid at: A lump sum amount based either upon the written authorization of the Owner following the receipt of competitive bids for such work,unless the requirement for competitive bids is waived by the Owner; § 6.1.6 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any.) The Construction Manager understands that if Substantial Completion is not attained within the Contract Time,as modified by this Agreement,the Owner will suffer damages which are difficult to determine and accurately specify.The Construction Manager agrees that if Substantial Completion is not attained within the Contract Time,the Construction Manager shall pay the Owner$1,500.00 per day as liquidated damages and not as a penalty for each day that Substantial Completion extends beyond the Contract Time.The liquidated damages provided in this Section shall be in lieu of all liability for any and all extra costs,losses,expenses,claims,penalties,and any other damages of whatsoever nature incurred by the Owner which are occasioned by any delay in achieving Substantial Completion. § 6.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum) All cost savings return to the Owner.No provisions for bonuses or incentive programs. § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment,subject to additions and deductions by Change Order as provided in the Contract Documents.Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. § 6.3 Changes in the Work § 6.3.1 The Owner may,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions,or other revisions.The Owner shall issue such changes in writing.The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201-2017,General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201-2017,as they refer to"cost"and"fee,"and not by Articles 6 and 7 of this Agreement.Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price,the terms"cost"and"costs"as used in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term"fee" shall mean the Construction Manager's Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager's Fee in the case of changes in the Work,or if the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager,the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 11 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The tern Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work.The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. § 7.1.2 Where,pursuant to the Contract Documents,any cost is subject to the Owner's prior approval,the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project,except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. § 7.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site and performing Work,with the Owner's prior approval. § 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative personnel when performing Work and stationed at a location other than the site,but only for that portion of time required for the Work,and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable,any agreed upon percentage of time to be devoted to the Work.) Reference Response to Request for Proposal,Exhibit C. § 7.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or while traveling,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Construction Manager,as required by law or collective bargaining agreements,for taxes,insurance,contributions,assessments,and benefits and,for personnel not covered by collective bargaining agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs,in lieu of actual costs,are provided in this Agreement,the rates shall remain unchanged throughout the duration of this Agreement,unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs,including transportation and storage at the site,of materials and equipment incorporated,or to be incorporated,in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials,if any,shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Construction Manager.Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation,storage,installation,dismantling,maintenance,and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work.Costs of materials, supplies,temporary facilities,machinery,equipment,and tools,that are not fully consumed,shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.Costs for items not fully consumed by the Construction Manager shall mean fair market value. Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 12 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 7.5.2 Rental charges for temporary facilities,machinery,equipment,and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site,and the costs of transportation, installation,dismantling,minor repairs,and removal of such temporary facilities,machinery,equipment,and hand tools. Rates and quantities of equipment owned by the Construction Manager,or a related party as defined in Section 7.8,shall be subject to the Owner's prior approval.The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager's site office,including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,subject to the Owner's prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self-insurance,for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager,with the Owner's prior approval. § 7.6.2 Sales,use,or similar taxes,imposed by a governmental authority,that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit,and for other permits,licenses,and inspections,for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents;except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201-2017 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design,process,or product,required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents,payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims,and payments of settlements made with the Owner's consent,unless the Construction Manager knew that the required design,process,or product was an infringement of a copyright or a patent,and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017.The costs of legal defenses,judgments,and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services,data processing,electronic equipment,and software,directly related to the Work and located at the site,with the Owner's prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal,mediation and arbitration costs,including attorneys'fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. Inst. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 13 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 7.6.10 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work,with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work,with the Owner's prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage,injury,or loss,in case of an emergency affecting the safety of persons and property,as provided in Article 10 of AIA Document A201-2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors,or suppliers,provided that such damaged or nonconforming Work was not caused by the negligence of,or failure to fulfill a specific responsibility by,the Construction Manager,and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties,Subcontractors,suppliers,or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work,notwithstanding any provision of AIA Document A201-2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs,unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8,the term"related party"shall mean(1)a parent,subsidiary,affiliate,or other entity having common ownership of,or sharing common management with,the Construction Manager;(2)any entity in which any stockholder in,or management employee of,the Construction Manager holds an equity interest in excess of ten percent in the aggregate;(3)any entity which has the right to control the business or affairs of the Construction Manager; or(4)any person,or any member of the immediate family of any person,who has the right to control the business or affairs of the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after such notification,authorizes the proposed transaction in writing,then the cost incurred shall be included as a cost to be reimbursed,and the Construction Manager shall procure the Work,equipment,goods,or service,from the related party,as a Subcontractor,according to the terms of Article 9.If the Owner fails to authorize the transaction in writing,the Construction Manager shall procure the Work,equipment,goods,or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office,except as specifically provided in Section 7.2,or as may be provided in Article 14; .2 Bonuses,profit sharing,incentive compensation,and any other discretionary payments,paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,unless the Owner has provided prior approval; .3 Expenses of the Construction Manager's principal office and offices other than the site office; .4 Overhead and general expenses,except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager's capital expenses,including interest on the Construction Manager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement,costs due to the negligence of,or failure to fulfill a specific responsibility of the Contract by,the Construction Manager,Subcontractors,and suppliers,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded;and Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 14 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsm Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1)before making the payment,the Construction Manager included the amount to be paid,less such discount,in an Application for Payment and received payment from the Owner,or(2)the Owner has deposited funds with the Construction Manager with which to make payments;otherwise,cash discounts shall accrue to the Construction Manager.Trade discounts, rebates,refunds,and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager.The Owner may designate specific persons from whom,or entities from which,the Construction Manager shall obtain bids.The Construction Manager shall obtain bids from Subcontractors,and from suppliers of materials or equipment fabricated especially for the Work,who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents.The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept.The Owner then has the right to review the Construction Manager's list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1,to object to any subcontractor or supplier.Any advice of the Architect,or approval or objection by the Owner,shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents.The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier(1)is recommended to the Owner by the Construction Manager;(2)is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted,then a Change Order shall be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval.If a subcontract is awarded on the basis of cost plus a fee,the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work,and exercise such controls,as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Construction Manager's records and accounts,including complete documentation supporting accounting entries,books,job cost reports,correspondence,instructions,drawings,receipts,subcontracts,Subcontractor's proposals, Subcontractor's invoices,purchase orders,vouchers,memoranda,and other data relating to this Contract.The Construction Manager shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager,and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum,to the Construction Manager,as provided below and elsewhere in the Contract Documents. Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA;the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 15 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 251'day of a month,the Owner shall make payment of the amount certified to the Construction Manager not later than the 35 days of the following month.If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certified shall be made by the Owner not later than 45 days after the Architect receives the Application for Payment. (Federal,state or local laws may require payment within a certain period of time) § 11.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,plus payrolls for the period covered by the present Application for Payment,less that portion of the progress payments attributable to the Construction Manager's Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among:(1)the various portions of the Work;(2)any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order;and(3)the Construction Manager's Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values,the Construction Manager shall submit supporting documentation to the Architect and Owner. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed,or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has'made payment or intends to make payment prior to the next Application for Payment,by(b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or,if approved in writing in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified;and .4 The Construction Manager's Fee,computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 16 08/19/2024 under Order No'2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with / the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier,unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017; .5 The shortfall,if any,indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 5%(five) § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc) Services related to pre construction activities.Material purchased with the intent to install during completion of the work is subject to 5%(five)retainage. § 11.1.8.2 Reduction or limitation of retainage,if any,shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work,insert provisions for such modification) NA § 11.1.8.3 Except asset forth in this Section 11.1.8.3,upon Final Completion of the Work,the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage,such as upon completion of the Owner's audit and reconciliation, upon Final Completion.) To include completion of punch list,lien waivers,consent to surety,warranty information,operating and maintenance information,final acceptance by Owner,and other requirements specifically listed in specified in project specifications. § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager,the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 11.1.10 Except with the Owner's prior written approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors,and the percentage of retainage held on Subcontracts,and the Construction Manager shall execute subcontracts in accordance with those agreements. § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager,and such action shall not be deemed to be a representation that(1)the Architect has made a detailed examination,audit,or arithmetic verification,of the documentation submitted in accordance with Section 11.1.4 or other supporting data;(2)that the Architect has made Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects;"American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 17 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with / the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) exhaustive or continuous on-site inspections;or(3)that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract.Such examinations, audits,and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract,except for the Construction Manager's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements,if any,which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment;and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. § 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work,the Owner shall,within 10 days after completion of the audit,submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1,or receipt of notice that the Owner will not conduct an audit,and provided that the other conditions of Section 11.2.1 have been met,the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of AIA Document A201-2017.The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201-2017.The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 11.2.2.3 If the Owner's auditors'report concludes that the Cost of the Work,as substantiated by the Construction Manager's final accounting,is less than claimed by the Construction Manager,the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017.A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment.Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager.Pending a final resolution of the disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: § 11.2.4 If,subsequent to final payment,and at the Owner's request,the Construction Manager incurs costs,described in Sections 7.1 through 7.7,and not excluded by Section 7.9,to correct defective or nonconforming Work,the Owner shall reimburse the Construction Manager for such costs,and the Construction Manager's Fee applicable thereto,on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price.If adjustments to the Contract Sum are provided for in Section 6.1.7,the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Pursuant to the Texas Prompt Payment Act. Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 18 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201-2017.However,for Claims arising from or relating to the Construction Manager's Preconstruction Phase services,no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution,and Section 12.1.2 of this Agreement shall not apply. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017 for Claims arising from or relating to the Construction Manager's Construction Phase services,unless the parties appoint below another individual,not a party to the Agreement,to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect.) Kris Kunkel,Senior Project Architect,Jacobs Engineering Group,Inc. 979-476-0090 2705 Bee Cave Road,Suite 300 Austin,TX USA § 12.2 Binding Dispute Resolution For any Claim subject to,but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Check the appropriate box.) 0 Arbitration pursuant to Article 15 of AIA Document A201-2017 [X] Litigation in a court of competent jurisdiction [] Other: (Spec) If the Owner and Construction Manager do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price,the Owner may terminate this Agreement upon not less than seven days'written notice to the Construction Manager,and the Construction Manager may terminate this Agreement,upon not less than seven days'written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1,the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination,in accordance with the terms of this Agreement.In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment,the Owner may terminate this Agreement upon not less than seven days'written notice to the Construction Manager for the Owner's convenience and without cause,and the Construction Manager may terminate this Agreement,upon not less than seven days'written notice to the Owner,for the reasons set forth in Article 14 of A201-2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3,the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows,which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 19 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.wm. User Notes: (1968195449) .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion;and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 13,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders.All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts,purchase orders or rental agreements as described above,the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase order or rental agreement,if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated.If the Owner chooses not to accept assignment of any subcontract,purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated,the Construction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201-2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017,the amount,if any,to be paid to the Construction Manager under Article 14 of AIA Document A201-2017 shall not cause the Guaranteed Maximum Price to be exceeded,nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee,computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or,if the Construction Manager'Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract the costs and damages incurred,or to be incurred,by the Owner under Article 14 of AIA Document A201-2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 13,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or method for determining the fee, if any,payable to the Construction Manager following a termination for the Owner's convenience) Init. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 20 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017;in such case,the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201-2017,except that the term"profit"shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017.Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager,respectively,bind themselves,their partners,successors,assigns and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 14.2.2 of this Agreement,and in Section 13.2.2 of A201-2017,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §14.2.2 The Owner may,without consent of the Construction Manager,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents.The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3 Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement.If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains,the Owner shall reimburse the Construction Manager for any additional cost. § 14.3.1.1 Commercial General Liability with policy limits of not less than ($)for each occurrence and ($)in the aggregate for bodily injury and property damage. Reference Request for Proposal May 2024,00900 Special Conditions § 14.3.1.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Construction Manager with policy limits of not less than ($)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. Reference Request for Proposal May 2024,00900 Special Conditions § 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided that such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 14.3.1.1 and 14.3.1.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. Reference Request for Proposal May 2024,00900 Special Conditions § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than ($)each accident, ($)each employee,and ($ )policy limit. Reference Request for Proposal May 2024,00900 Special Conditions § 14.3.1.5 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than ($)per claim and ($)in the aggregate. Reference Request for Proposal May 2024,00900 Special Conditions § 14.3.1.6 Other Insurance Inst. AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA;the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 21 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits) NA Coverage Limits (Row deleted) § 14.3.1.7 Additional Insured Obligations.To the fullest extent permitted by law,the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment,the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133TM-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,Exhibit B,Insurance and Bonds,and elsewhere in the Contract Documents. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document A133TM-2019 Exhibit B,and elsewhere in the Contract Documents. § 14.4 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name,title,and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission) § 14.5 Other provisions: ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 AIA Document A133TM-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A133TM-2019,Exhibit A,Guaranteed Maximum Price Amendment,if executed .3 AIA Document A133TM-2019,Exhibit B,Insurance and Bonds .4 AIA Document A201TM-2017,General Conditions of the Contract for Construction .5 (Paragraphs deleted) Other Exhibits: (Check all boxes that apply.) [] AIA Document E234TM-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,dated as indicated below: (Insert the date of the E234-2019 incorporated into this Agreement.) [X] Supplementary and other Conditions of the Contract: Document Title Date Pages (Row deleted) Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 22 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Request for Proposal Bob Bennett Phases II,III,and IV May 2024 1-72 AIA Supplemental AIA Supplemental Exhibit"A" 1-5 AIA Supplemental AIA Supplemental Exhibit"B" 1-2 .7 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201-2017 provides that the advertisement or invitation to bid,Instructions to Bidders,sample forms, the Construction Manager's bid or proposal,portions of Addenda relating to bidding or proposal requirements,and other information furnished by the Owner in anticipation of receiving bids orproposals, are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should be listed here only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above. OWNER( ' nature) =Winans, ON MANAGER(Signature) Craig Morgan,Mayor Regional Vice President (Row deleted) (Printed name and title) (Printed name and title) Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 23 0811912024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Additions and Deletions Report for AIA®Document A 1330— 2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:58:44 ET on 08/19/2024. PAGE 1 AGREEMENT made as of the JMV of September in the year 2024. City of Round Rock 221 East Main St Round Rock,Texas 78664 Hensel Phelps Construction Company 8326 Cross Park Dr. Austin,Texas 87854 BOB BENNETT PHASES II,III,AND IV The Owner,along with Jacobs Engineering,developed a Master Plan of all phases to create the Bob Bennett Complex(BBC)—a single campus that contains Administrative Office and Departmental Shop functions for Utility and Environmental Engineering_(EU),Transportation(T),and General Services Fleet Maintenance,Facility Maintenance,and Administrative departments.The Master Plan envisioned a 20-yearrg owth plan accomplished in three phases.Phase 1 of the Master Plan was completed in 2019 and included all functions for the Utility and Environmental group and the engineering services for Transportation.The scope of services will review and update the Master Plan to verify all groups and functions are accommodated.The Master Plan will address Owner's needs beyond the original 2035 long term goals as the Owner's growth rates have exceeded the original master plangoals.The planning date will be determined during the Master Plan update.From this Master Plan phases 2,3,and 4 will be designed and built over the following5, to 7 years to eventually complete the full Bob Bennett Complex(BBC).The look and feel of all phases of the design will be consistent with the Phase 1 facility. Jacobs Engineering Group,Inc. 1999 Bryan Street Suite 3500 Dallas,Texas 75201 PAGE 2 Program to be developed.Reference Request for Proposal May 2024. Reference Request for Proposal May 2024,Exhibit A-Description of Project. Additions and Deletions Reportfor AIA Document A133-2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) $48,000,000.00(forty-eight million dollars and no cents) Reference Request for Proposal Mn 2024,Exhibit A-Description of Project. PAGE 3 .1 Design phase milestone dates,if any! .2 Gen stmetien eammeneementdate: sub-stantial Completion ate or-dates- .4 Other-milesteme dates: Reference Request for Proposal May 2024,Exhibit A-Description of Project. NA NA Reference Request for Proposal May 2y 024. Reference Request for Proposal Ma 2y 024. Matthew Smith,Project Manager,City of Round Rock 212 Commerce Blvd Round Rock,Texas 78664 Office:512-218-7016 Cell:512-639-7433 Jacobs En ineerin,„Group, Inc. .1 Geotechnical Engineer:UES 7 Roundville Lane Round Rock,TX 78664 Additions and Deletions Report for AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 2 produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Phone: 512-284-8022 .2 Civil Engineer:Jacobs Engineering Group,Inc. 1999 Bryan Street Suite 3500 Dallas,Texas 75201 Preferred Technologies LLC Austin Structured Cabling Powers En ing eering HTS Texas Ford AV PAGE 4 Kris Kunkel,Senior Project Architect,Jacobs Engineering Group,Inc. 979-476-0090 2705 Bee Cave Road,Suite 300 Austin,TX USA Priscilla Norosky-Project Manager,Hensel Phelps Construction Company 8326 Cross Park Dr Austin,TX 78754 512-834-9848 Priscilla Norosky-Project Manager,Hensel Phelps Construction Company Dy oniQue Burton-Superintendent,Hensel Phelps Construction Company Elissa Adams-Senior Estimator,Hensel Phelps Construction Company Reference Response to Request for Proposals-Exhibit C (List any Owner&peeifie requir-entent;yfor-;gubeentmeter]pr-eeur-enieno Competitive bidding following Texas Government Code 2269 as qualified by Construction Manager § 1.2 The Owner and Construction Manager may rely on the Initial Information.Both parties,however,recognize that such information may materially ekenge-change and,in that event,the Owner and the Construction Manager shall appropriately adjust the Project schedule,the Construction Manager's services,and the Construction Manager's compensation.The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment f the Owner to furnish efficient construction administration,management services,and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Ov,%er's interests.this Agreement.The Owner agrees to Additions and Deletions Reportfor AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 3 produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) furnish or approve,in a timely manner,information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. PAGE 5 The Construction Manager shall exercise reasonable care in performing its Preconstruction Services.The Owner and A&ehiteet-shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of services and information furnished by the Construction Manager.The Construction Manager,however,does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Construction Manager shall promptly report to the "~^p'i'e^`and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Ar-ehiteetOwner may require. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials,building systems,and equipment.The Construction Manager shall also provide recommendations to the Owner and Architect,consistent with the Project requirements,on constructability; availability of materials and labor;time requirements for procurement,installation and construction;prefabrication; and factors related to construction cost including,but not limited to,costs of alternative designs or materials, preliminary budgets,life-cycle data,and possible cost reductions.The Censtraefien Managef shall eensult with the § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing"tten pr-eteeels for-the development,use,4msfaissien,Felianee,and exeliange of digital data,ineluding building ififefmatien fnedels buildiniz information modeling and digital data protocols for the Project. PAGE 6 § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare,for the Architect's and Owner's review and the Owner's approval,preliminary estimates of the Cost of the Work or the cost of program requirements using area,volume,or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement.The Construction Manager shall include in the estimate those costs to allow for the further development of the design,price escalation,and market conditions,until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work.The estimate shall be provided for the Architect's review and the Owner's approval.The Construction Manager shall inform the Owner ana�et n the event that the estimate of the Cost of the Work exceeds the latest approved Project budget,and make recommendations for corrective action. PAGE 8 The Construction Manager shall develop a system of cost control for the Work,including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Oymer-and "r-ehiteet Owner,and shall provide this information in its monthly reports to the Owner-and "r-ehiteet,Owner,in accordance with Section 3.3.2.3 above. PAGE 9 § 4.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work as not to delgy the progress of the Work,after receiving the Construction Manager's written request for such information or services.The Construction Manager shall be entitled to rely on the Additions and Deletions Report for AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 4 produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.5 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable pias not to delay the progress of that Work,after receiving the Construction Manager's written request for such information or services. PAGE 10 $25,000.00(twenty-five thousand dollars and no cents)reference Response to Request for Proposal May 2024 Exhibit C and$400,000.00(four hundred thousand dollars and no cents)as a prework allowance. NA § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within twelve( 1� months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid Thirty-one(31)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. Refer to Texas Prompt Payment Act 3.25%percentage of Cost of Work in accordance with terms and conditions herein. NA 10%(ten)overhead and 5%(five)profit. § 6.1.5 Rental rates fer Genstfuetien Manager-ewned equipment sha4l net exeeed pereent ef the stmdaf A. Fental Fate paid at the plaee of the Pr-ejeet. With respect to any construction work that the Construction Manager elects to undertake with its own forces,after written approval from Owner,Construction Manager shall be paid at: Additions and Deletions Report for AIA Document A133-2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 5 produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) A lump sum amount based either upon the written authorization of the Owner following the receipt of competitive bids for such work,unless the requirement for competitive bids is waived by the Owner; PAGE 11 The Construction Manager understands that if Substantial Completion is not attained within the Contract Time,as modified by this Agreement,the Owner will suffer damages which are difficult to determine and accurately specify. The Construction Manager agrees that if Substantial Completion is not attained within the Contract Time,the Construction Manager shall pay the Owner$1,500.00 per day as liquidated damages and not as a penalty for each day that Substantial Completion extends beyond the Contract Time.The liquidated damages provided in this Section shall be in lieu of all liability for any and all extra costs,losses,expenses,claims,penalties,and any other damages of whatsoever nature incurred by the Owner which are occasioned by any delay in achieving Substantial Completion. All cost savings return to the Owner.No provisions for bonuses or incentive programs. § 6.3.1 The Owner may,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletiens-deletions,or other revisions.The Owner shall issue such changes in writing.The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. PAGE 12 Reference Response to Request for Proposal,Exhibit C. § 7.2.4 Costs paid or incurred by the Construction Manager,as required by law or collective bargaining agreements, for taxes,insurance,contributions, assessments,and benefits and,for personnel not covered by collective bargaining agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. PAGE 13 § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents,payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims,and payments of settlements made with the Owner's consent,unless the Construction Manager had reason to be ye knew that the required design,process,or product was an infringement of a copyright or a patent,and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017.The costs of legal defenses,judgments,and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services,data processing,electronic equipment,and software,directly related to the Work and located at the site,with the Owner's prior approval. PAGE 15 § 9.1.1 When a specific subcontractor or supplier(1)is recommended to the Owner by the Construction Manager;(2) is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted,then tete GeamFuefien Manager-may a Change Order shall be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. PAGE 16 Additions and Deletions Report for AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 6 produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the X35 days of the following month.If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than(—}45 days after the Architect receives the Application for Payment. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the f Owner may require.The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values,the Construction Manager shall submit supporting documentation to the "+ Architect and Owner. PAGE 17 5% five Services related to pre construction activities.Material purchased with the intent to install during completion of the work is subject to 5%(five)retainage. NA § 11.1.8.3 Except as set forth in this Section 11.1.8.3,upon Substantia47Final Completion of the Work,the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage,such as upon completion of the Owner's audit and reconciliation, upon . Final Completion.) To include completion of punch list lien waivers consent to surety,warranty information,operating and maintenance information final acceptance by Owner,and other requirements specifically listed in specified in project specifications. PAGE 18 Vie—Pursuant to the Texas Prompt Payment Act. PAGE 19 Kris Kunkel,Senior Project Architect,Jacobs Engineering Group,Inc. 979-476-0090 2705 Bee Cave Road,Suite 300 Austin,TX USA {�—a_Arbitration pursuant to Article 15 of AIA Document A201-2017 []--XLLitigation in a court of competent jurisdiction [—+—jLOther: (Spec) PAGE 21 Additions and Deletions Reportfor AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 7 produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Reference Request for Proposal May 2024,00900 Special Conditions Reference Request for Proposal May 2024,00900 Special Conditions Reference Request for Proposal May 2024,00900 Special Conditions Reference Request for Proposal May 2024,00900 Special Conditions Reference Request for Proposal May 2024,00900 Special Conditions PAGE 22 NA § 14.3.1.7 Additional Insured Obligations.To the fullest extent permitted by law,the Construction Manager shall cause the primary and excess or umbrella pelieies- olp ices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.4 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance witha building infefmation modeling e3 ,AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (If other than in accordance with ,AIA Document E203-2013. insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) .5 Building infoFmation Modeling Exhibit,if eempleted! —Other Exhibits: F-+ Supplementary and other Conditions of the Contract: Additions and Deletions Report for AIA Document A133-2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 8 produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Request for Proposal Bob Bennett Phases II,III,and IV May 2024 1-72 AIA Supplemental AIA Supplemental Exhibit"A" 1-5 AIA Supplemental AIA Supplemental Exhibit"B" 1-2 PAGE 23 OWNER(Signature) CONSTRUCTION MANAGER(Signature) Craig Morgan,Mayor Bradley D. Winans,Regional Vice President Additions and Deletions Report for AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 9 produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) Certification of Document's Authenticity AIA3 Document D401 TM — 2003 I,Stephanie Sandre,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:58:44 ET on 08/19/2024 under Order No.2114525200 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document Al33TM—2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,other than those additions and deletions shown in the associated Additions and Deletions Report. i Kzt1e4)1" (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:58:44 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1968195449) AIA Supplemental Exhibit"A"-Page 1 of 5 Pricing of Construction Contract Change Orders Lump Sum(Fixed Price)and/or Unit Price Contracts The contract language contained in this Exhibit"A"will supplement and take precedence over all other change order pricing contract provisions in the contract documents provided by either the Owner, Construction Manager (Contractor),General Contractor(Contractor)and/or Architect/Engineer. It is understood that these contract provisions will govern the pricing and administration of all change order proposals to be submitted by Contractors and/or all other lower tier subcontractors (all referred to as "Contractor" in this Exhibit "A"). In the event of a conflict between the other contract documents used for the project, the change order pricing contract provisions in this Exhibit"A"shall govern. Contractor agrees that it will incorporate the provisions of this Exhibit "A" into all agreements with lower tier Contractors who will also include this Exhibit "A" into agreements with all lower tier subcontractors, etc. It is understood that these change order pricing provisions apply to all types of contracts and/or subcontracts specifically including lump sum (or fixed price contracts), unit price contracts. It is further understood that these change order provisions will apply to all methods of change order pricing specifically including lump sum change order proposals, unit price change order proposals,and cost-plus Fee change order proposals. Whenever change order proposals to adjust the contract price become necessary, the Owner will have the right to select the method of pricing to be used by the contractor in accordance with the pricing provisions found in this Exhibit"A". The options will be(1)lump sum change order proposal, (2)unit price change order proposal,or(3)cost plus Fee change order proposal as defined in the following provisions. 1.1 Lump Sum Change Order Proposals: The Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the additional work and/or the work to be deleted. This proposal will be itemized for the various components of work and segregated by labor, material, and equipment in a detailed format satisfactory to Owner. The Owner will require itemized change orders on all change order proposals from the Contractor,subcontractors,and sub-subcontractors regardless of tier. Details to be submitted will include detailed line item estimates showing detailed materials quantity take-offs, material prices by item and related labor hour pricing information and extensions(by line item or by drawing as applicable.) 1.2 Labor: Estimated labor costs to be included for self-performed work shall be based on the actual cost per hour paid by the Contractor for those workers or crews of workers who the contractor reasonably anticipates will perform the change order work. Estimated labor hours shall include hours only for those workmen and working foremen directly involved in performing the change order work. Supervision above the level of working foremen (such as general foremen, non- working foremen, superintendent, project manager, etc.) is considered to be included in the Markup Percentages as outlined in paragraphs 1.6 and 1.7 of this Exhibit"A". Note: No separate allowances for warranty or safety expenses will be allowed as a direct cost of a change order. Costs attributed to warranty expenses and safety expense will be considered to be covered by the Markup Percentages as outlined in paragraphs 1.6 and 1.7 of this Exhibit"A". 1.3 Labor Burden: Labor burden allowable in change orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits(or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employer for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts,dividends,rebates,expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self-insured losses, assigned risk rebates, etc. Contractor shall reduce their standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. (An estimated percentage for labor burden may be used for pricing change orders. However,the percentage used for labor burden to price change orders will be examined at the conclusion of the project and an adjustment to the approved change orders will be processed if it is determined that the actual labor burden percentage should have been more or less than the estimated percentage used.) This document has important legal consequences;consultation with your attorney is encouraged with respect to the incorporation of these contract concepts as part of your standard construction contract documents. Exhibit"A"-Page ( of 5 Exhibit"A"-Page 2 of 5 Pricing of Construction Contract Change Orders Lump Sum(Fixed Price)and/or Unit Price Contracts 1.4 Material: Estimated material change order costs shall reflect the Contractor's reasonably anticipated net actual cost for the purchase of the material needed for the change order work. Estimated material costs shall reflect cost reductions available to the Contractor due to "non- Cash" discounts, trade discounts, free material credits, and/or volume rebates. "Cash" discounts (i.e. prompt payment discounts of 1.5%or less)available on material purchased for change order work shall be credited to Owner if the Contractor is provided Owner funds in time for Contractor to take advantage of any such"cash"discounts. Price quotations from material suppliers must be itemized with unit prices for each specific item to be purchased. "Lot pricing"quotations will not be considered sufficient substantiating detail. 1.5 Equipment: Allowable change order estimated costs may include appropriate amounts for rental of major equipment specifically needed to perform the change order work (defined as tools and equipment with an individual purchase cost of more than 750). For contractor owned equipment, the "bare" equipment rental rates allowed to be used for pricing change order proposals shall be 75% of the monthly rate listed in the most current publication of The AED Green Book divided by 173 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the change order work. Further,for contractor owned equipment the aggregate equipment rent charges for any single piece of equipment used in all change order work shall be limited to 50% of the fair market value of the piece of equipment when the first change order is priced involving usage of the piece of equipment. Fuel necessary to operate the equipment will be considered as a separate direct cost associated with the change order work. 1.6 Maximum Markup Percentage Allowable on Self-Performed Work: With respect to pricing change orders,the maximum Markup Percentage Fee to be paid to any Contractor(regardless of tier) on self-performed work shall be a single markup percentage not-to-exceed fifteen percent (15%) of the net direct cost of(1)direct labor and allowable labor burden costs applicable to the change order or extra work;(2)the net cost of material and installed equipment incorporated into the change or extra work, and (3) net rental cost of major equipment and related fuel costs necessary to complete the change in the Work. 1.7 Maximum Markup Percentages Allowable on Work Performed by Lower Tier Contractors: With respect to pricing the portion of change order proposals involving work performed by lower tier contractors, the maximum Markup Percentage Fee allowable to the Contractor supervising the lower tier contractor's work shall not exceed fifteen percent (15%) of the net of all approved change order work performed by all subcontractors combined for any particular change order proposal. 1.8 No Markup on Bonds and Liability Insurance Costs: Change Order cost adjustments due increases or decreases in bond or insurance costs (if applicable) shall not be subject to any Markup Percentage Fee unless specifically allowed under agreement. 1.9 Direct and Indirect Costs Covered by Markup Percentages: As a further clarification,the agreed upon Markup Percentage Fee is intended to cover the Contractor's profit and all indirect costs associated with the change order work. Items intended to be covered by the Markup Percentage Fee include, but are not limited to: home office expenses, branch office and field office overhead expense of any kind; project management; superintendents, general foremen; non-working foremen, estimating, engineering; coordinating; expediting; purchasing; detailing; legal, accounting, data processing or other administrative expenses; shop drawings; permits; auto insurance and umbrella insurance; pick-up truck costs; and warranty expense costs. The cost for the use of small tools is also to be considered covered by the Markup Percentage Fee. Small tools shall be defined as tools and equipment(power or non-power)with an individual purchase cost of less than$750. This document has important legal consequences;consultation with your attorney is encouraged with respect to the incorporation of these contract concepts as part of your standard construction contract documents. Exhibit"A"-Page 2 of 5 Exhibit"A"-Page 3 of 5 Pricing of Construction Contract Change Orders Lump Sum(Fixed Price)and/or Unit Price Contracts 1.10 Deduct Change Orders and Net Deduct Changes: The application of the markup percentages referenced in the preceding paragraphs 1.6 and 1.7 will apply to both additive and deductive change orders. In the case of a deductive change order,the credit will be computed by applying the sliding scale percentages as outlined in paragraphs 1.6 and 1.7 so that a deductive change order would be computed in the same manner as an additive change order. In those instances where a change involves both additive and deductive work,the additions and deductions will be netted and the markup percentage adjustments will be applied to the net amount. 1.11 Contingency: In no event will any lump sum or percentage amounts for "contingency" be allowed to be added as a separate line item in change order estimates. Unknowns attributable to labor hours will be accounted for when estimating labor hours anticipated to perform the work. Unknowns attributable to material scrap and waste will be estimated as part of material costs. 1.12 Change Order Proposal Time and Change Directives: The Contractor's proposals for changes in the contract amount or time shall be submitted within fourteen(14)calendar days of the Owner's request,unless the Owner extends such period of time due to the circumstances involved. If such proposals are not received in a timely manner, if the proposals are not acceptable to Owner,or if the changed work should be started immediately to avoid damage to the project or costly delay, the Owner may direct the Contractor to proceed with the changes without waiting for the Contractor's proposal or for the formal change order to be issued. In the case of an unacceptable Contractor proposal,the Owner may direct the Contractor to proceed with the changed work on a cost-plus basis with an agreed upon "not-to-exceed" price for the work to be performed. Such directions to the Contractor by the Owner shall be confirmed in writing by a"Notice to Proceed on Changes"letter within seven (7)calendar days. The cost or credit, and or time extensions will be determined by negotiations as soon as practical thereafter and incorporated in a Change Order to the Contract. 1.13 General Liability Insurance and Bonds: In the event the Contractor has been required to furnish comprehensive general liability insurance and/or performance and/or payment bonds as part of the base contract price, a final contract change order will be processed to account for the Contractor's net increase or decrease in comprehensive general liability insurance costs and/or net bond premium costs associated with change orders to Contractor's base contract price. Note: If a change order or a separate payment is made to reimburse the Contractor for the cost of a Performance and/or Payment Bond. The contractor will be required to remit any bond dividend or rebate that it will receive from the Surety after the successful completion of the project. 2.1 Unit Price Change Order Proposals: As an alternative to Lump Sum Change Order Proposals,the Owner or the Construction Manager acting with the approval of the Owner may choose the option to use Contract Unit Prices. Agreed upon Contract Unit Prices shall be the same for added quantities and deductive quantities. Unit Prices are not required to be used for pricing change orders where other methods of pricing change order work are more equitable. 2.2 The Contractor will submit,within seven(14)days after receipt of the Owner's written request for a Unit Price Proposal, a written Unit Price proposal itemizing the quantities of each item of work for which there is an applicable Contract Unit Price. The quantities must be itemized in relation to each specific contract drawing. 2.3 Contract Unit Prices will be applied to net differences of quantities of the same item. Such Contract Unit Prices will be considered to cover all direct and indirect costs of furnishing and installing the item including the subcontractor's Markup Percentage Fee. This document has important legal consequences;consultation with your attorney is encouraged with respect to the incorporation of these contract concepts as part of your standard construction contract documents. Exhibit"A"-Page 3 of 5 Exhibit"A"-Page 4 of 5 Pricing of Construction Contract Change Orders Lump Sum(Fixed Price)and/or Unit Price Contracts 3.1 Cost Plus Change Order Proposals: As an alternative to either Lump Sum Change Order Proposals or Unit Price Change Order Proposals, the Owner may elect to have any extra work performed on a cost plus markup percentage fee basis. Upon written notice to proceed, the Contractor shall perform such authorized extra work at actual cost for direct labor (working foremen, journeymen, apprentices, helpers, etc.), actual cost of labor burden, actual cost of material used to perform the extra work, and actual cost of rental of major equipment (without any charge for administration, clerical expense, general supervision or superintendent of any nature whatsoever, including general foremen, or the cost or rental of small tools, minor equipment, or plant) plus the approved Markup Percentage Fee. The intent of this clause is to define allowable cost plus chargeable costs to be the same as those allowable when pricing Lump Sum Change Proposals as outlined in subparagraphs 1.1 through 1.13 above. Owner and Contractor may agree in advance in writing on a maximum price for this work and Owner shall not be liable for any charge in excess of the maximum. Daily time sheets with names of all Contractor's employees working on the project will be required to be submitted to the Owner for both labor and equipment used by the Contractor for time periods during which extra work is performed on a cost plus fee basis. Daily time sheets will break down the paid hours worked by the Contractor's employees showing both base contract work as well as extra work performed by each employee. This document has important legal consequences;consultation with your attorney is encouraged with respect to the incorporation of these contract concepts as part of your standard construction contract documents. Exhibit"A"-Page 4 of 5 Exhibit"A"-Page 5 of 5 Pricing of Construction Contract Change Orders Lump Sum(Fixed Price)and/or Unit Price Contracts 4.1 Accurate Change Order Pricing Information: Contractor (subcontractor or sub-sub contractor) agrees that it is responsible for submitting accurate cost and pricing data to support its Lump Sum Change and/or Cost Plus Change Order Proposals or other contract price adjustments under the contract. Contractor further agrees to submit change order proposals with cost and pricing data which is accurate, complete, current, and in accordance with the terms of the contract with respect to pricing of change orders. Contractor agrees that any "buy-out savings" on change orders shall accrue 100%to Owner. "Buy-out savings" are defined as any savings negotiated by the Contractor with a subcontractor or a material supplier after receiving approval of a change order amount that was designated to be paid to a specific subcontractor or supplier for the approved change order work. 4.2 Right to Verify Change Order Pricing Information: Contractor, subcontractor and sub-sub- contractor agrees that any designated Owner's representative will have the right to examine (copy or scan)the records of the Contractor,subcontractor or sub-subcontractor's records(during the contract period)to verify the accuracy and appropriateness of the pricing data used to price all change order proposals and/or claims. Contractor agrees that if the Owner determines the cost and pricing data submitted (whether approved or not) was inaccurate, incomplete, not current,or not in compliance with the terms of the contract regarding pricing of change orders,an appropriate contract price adjustment will be made. Such post-approval contract price adjustments will apply to all levels of contractors and/or subcontractors and to all types of change order proposals specifically including lump sum change orders,unit price change orders,and cost- plus change orders. 4.3 Requirements for Detailed Change Order Pricing Information: Contractor, subcontractor agrees to provide and require all Subcontractors and sub-subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined in this Exhibit "A". 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. 5.1 Discounts: If a Contractor enters into an agreement to pay a subcontractor before they receive payment the Owner and in return they negotiate an early payment discount,the amount of any such discount that the contractor is allowed to keep as a "cash discount earned" will be limited to one and %2 percent (1.5%) of the costs subject to discount. Any percentage of discount greater than 1 and Y2 percent (1.5%)% shall be credited to the Owner as a reduction to the reimbursable Cost of Work and a credit to trade contracts or material purchases,and change orders as applicable. This document has important legal consequences;consultation with your attorney is encouraged with respect to the incorporation of these contract concepts as part of your standard construction contract documents. Exhibit"A"-Page 5 Of 5 -°� Document A133" - 2019 Exhibit B Insurance and Bonds This Insurance and Bonds Exhibit is part of the Agreement,between the Owner and the Construction Manager,dated the day of in the year (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: for the following PROJECT: The author of this document has added information needed for its (Name and location or address) completion.The author may also have revised the text of the original Bob Bennet Phases II,III,and IV AIA standard form.An Additions and Work Package 1-Phase 2:(Northeast)900 Luther Peterson Pl,Round Rock,TX 78665 Deletions Report that notes added Work Package 2-Phase 3: (Northwest)910 Luther Peterson Pl,Round Rock,TX 78665 information as well as revisions to the Work Package 3-Phase 4:(Southwest)901 Luther Peterson Pl,Round Rock,TX 78665 standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author THE OWNER: has added necessary information (Name, legal status, and address) and where the author has added to or deleted from the original AIA text. City of Round Rock 221 East Main Street This document has important legal Round Rock,Texas 78644 consequences.Consultation with an attorney is encouraged with respect Telephone Number 512-218-5400 to its completion or modification. This document is intended to be used in conjunction with AIA Document THE CONSTRUCTION MANAGER: A201 TM-2017,General Conditions of (Name, legal status, and address) the Contract for Construction.Article 11 of A201 TM-2017 contains Hensel Phelps Construction Company additional insurance provisions. 8326 Cross Park Dr. Austin,Texas 87854 TABLE OF ARTICLES B.1 GENERAL B.2 OWNER'S INSURANCE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS BA SPECIAL TERMS AND CONDITIONS ARTICLE B.1 GENERAL The Owner and Construction Manager shall purchase and maintain insurance,and provide bonds,as set forth in this Exhibit.As used in this Exhibit,the term General Conditions refers to AIA Document A201TM-2017,General Conditions of the Contract for Construction. Init. AIA Document Al 33—2019 Exhibit B.Copyright @ 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA;'the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 12:26:39 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract I Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1882156082) ARTICLE B.2 OWNER'S INSURANCE § B.2.1 General Prior to commencement of the Work,the Owner shall secure the insurance,and provide evidence of the coverage, required under this Article B.2.The copy of the policy or policies provided shall contain all applicable conditions, definitions,exclusions,and endorsements. § B.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual general liability insurance. § B.2.3 Required Property Insurance § B.2.3.1 As provided in Section B.3.3.2.1,the Construction Manager shall purchase and maintain,from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located,property insurance written on a builder's risk"all-risks"completed value or equivalent policy form and sufficient to cover the total value of the Work on a replacement cost basis.The property insurance coverage shall be no less than the amount of the initial Contract Sum,plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others.The property insurance shall be maintained until Final Completion.This insurance shall include the Owner,Construction Manager,Subcontractors,and Sub-subcontractors in the Project as insureds.This insurance shall include the interests of mortgagees as loss payees. § B.2.3.1.1 Causes of Loss.The insurance required by this Section B.2.3.1 shall provide coverage for direct physical loss or damage,and shall not exclude the risks of fire,explosion,theft,vandalism,malicious mischief,collapse, earthquake,flood,or named storm.The insurance shall also provide coverage for ensuing loss or resulting damage from error,omission,or deficiency in construction methods,design,specifications,workmanship,or materials via LEG 3/96 wording. Sub-limits,if any,are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Cause of Loss Sub-Limit § B.2.3.1.2 Specific Required Coverages.The insurance required by this Section B.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures,and to building systems from testing and startup.The insurance shall also cover debris removal,including demolition occasioned by enforcement of any applicable legal requirements,expediting cost and extra expense coverage,and reasonable compensation for the Architect's and Construction Manager's services and expenses required as a result of such insured loss,including claim preparation expenses. Sub-limits,if any,are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages) Coverage Sub-Limit § B.2.3.1.3 Upon Final Completion,the Owner shall replace the insurance policy required under Section B.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § B.2.3.1.4 Deductibles and Self-insured Retentions.If the insurance required by this Section B.2.3 is subject to deductibles or self-insured retentions,and if the loss is caused by the Construction Manager,a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,then the Construction Manager shall be responsible for any applicable deductible or self insured retention up to a maximum of$25,000 Otherwise,the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § B.2.3.2 Occupancy or Use Prior to Substantial Completion.The Owner's occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance of coverage.The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation,lapse,or reduction of insurance,unless they agree otherwise in writing. Init. AIA Document A133—2019 Exhibit B.Copyright©2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:26:39 ET on 08/19/2024 under 2 Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract / Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1882156082) § B.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure,the Owner shall purchase and maintain,until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks"property insurance,on a replacement cost basis,protecting the existing structure and contents against direct physical loss or damage from the causes of loss identified in Section 13.2.3.1, notwithstanding the undertaking of the Work.The Owner shall be responsible for all deductibles and co-insurance penalties. § B.2.4 (Paragraphs deleted) Intentionally omitted. (Paragraphs deleted) § B.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es)next to the description(s)ofselected insurance.) [ ] § B.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ] § B.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits) Coverage Limits ARTICLE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS § B.3.1 General § 13,3.11 Certificates of Insurance.The Construction Manager shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article 13.3 at the following times: (1)prior to commencement of the Work;(2)upon renewal or replacement of each required policy of insurance;and(3)upon the Owner's written request.An additional certificate evidencing continuation of commercial liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section B.3.2.1 and Section 13.3.3.1.The certificates will show the Owner as an additional insured on the Construction Manager's Commercial General Liability and excess or umbrella liability policy or policies. § 6.3.1.2 Intentionally omitted. § 6.3.1.3 Additional Insured Obligations.The Construction Manager shall cause the commercial general liability coverage to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions for which loss occurs during Construction Manager's operations and completed operations.The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations.To the extent commercially available,the additional insured coverage shall be no less than that provided by Insurance Services Office,Inc.(ISO) forms CG 20 10 04 13 and CG 20 37 04 13. § B.3.2 Construction Manager's Required Insurance Coverage § B.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions. Init. AIA Document A133-2019 Exhibit B.Copyright @ 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:26:39 ET on 08/19/2024 under 3 Order No.2 1 14525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract I Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1882156082) § B.3.2.2 Commercial General Liability § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than five million dollars ($5,000,000 )each occurrence,ten million dollars ($ 10,000,000 )general aggregate,and ten million dollars ($ 10,000,000 )aggregate for products-completed operations hazard,providing coverage for claims including .1 damages because of bodily injury,sickness or disease,including occupational sickness or disease,and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property,including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations;and .5 the Construction Manager's indemnity obligations under Section 3.18 of the General Conditions. § B.3.2.2.2 The Construction Manager's Commercial General Liability policy under this Section B.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured,if the exclusion or restriction is based solely on the fact that the claimant is an insured,and there would otherwise be coverage for the claim. .2 Claims for property damage to the Construction Manager's Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Intentionally omitted. .8 Claims related to roofing,if the Work involves roofing. .9 Claims related to exterior insulation finish systems(EIFS),synthetic stucco or similar exterior coatings or surfaces,if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement,where the Work involves such hazards. .11 Claims related to explosion,collapse and underground hazards,where the Work involves such hazards. § B.3.2.3 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Construction Manager, with policy limits of not less than five million dollars ($5,000,000 )per accident,for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § B.3.2.4 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella insurance policies.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § B.3.2.5 Workers'Compensation at statutory limits. § B.3.2.6 Employers'Liability with policy limits not less than one million dollars ($ 1,000,000 )each accident,one million dollars ($ 1,000,000 )each employee,and one million dollars ($ 1,000,000 )policy limit. § B.3.2.7 Jones Act,and the Longshore&Harbor Workers' Compensation Act,as required,if the Work involves hazards arising from work on or near navigable waterways,including vessels and docks. § B.3.2.8 If the Construction Manager is required to furnish professional services as part of the Work,the Construction Manager shall procure Professional Liability insurance covering performance of the professional services,with policy Init. AIA Document A133—2019 Exhibit B.Copyright @ 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:26:39 ET on 08119/2024 under 4 Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract / Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1882156082) limits of not less than three million dollars ($3,000,000 )per claim and three million dollars ($3,000,000 )in the aggregate. § B.3.2.9 If the Work involves the transport,dissemination,use,or release of pollutants,the Construction Manager shall procure Pollution Liability insurance,with policy limits of not less than three million dollars ($3,000,000 )per claim and three million dollars ($3,000,000 )in the aggregate. § B.3.2.10 Coverage under Sections B.3.2.8 and B.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy,with combined policy limits of not less than three million dollars ($ 3,000,000 )per claim and three million dollars ($3,000,000 )in the aggregate. § B.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel,if the Work requires such activities,with policy limits of not less than one million dollars ($ 1,000,000 )per claim and two million dollars ($ 2,000,000 )in the aggregate. § B.3.2.12 Insurance for the use or operation of manned or unmanned aircraft,if the Work requires such activities,with policy limits of not less than one million dollars ($ 1,000,000 )per claim and two million dollars ($2,000,000 )in the aggregate. § B.3.3 Construction Manager's Other Insurance Coverage § B.3.3.1 Intentionally omitted. § B.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section B.3.3.1. (Paragraph deleted) § B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section B.2.3 Upon request,the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. (Paragraph deleted) § B.3.3.2.2 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits) Coverage Limits (Paragraphs deleted) § B.3.4 Performance Bond and Payment Bond The Construction Manager shall provide surety bonds,from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located,as follows: (Speck type and penal sum of bonds.) Type Penal Sum ($0.00) Payment Bond Performance Bond Payment and Performance Bonds shall be AIA Document A312TM,Payment Bond and Performance Bond,or contain provisions identical to AIA Document A312TM,current as of the date of this Agreement. ARTICLE BA SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit,if any,are as follows: Init. AIA Document A133—2019 Exhibit B.Copyright©2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:26:39 ET on 08/19/2024 under 5 Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract t Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1882156082) Additions and Deletions Report for AIA®Document A 133°— 2019 Exhibit B This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:26:39 ET on 08/19/2024. PAGE Bob Bennet Phases II,III,and IV Work Package 1-Phase 2: (Northeast 900 Luther Peterson Pl,Round Rock,TX 78665 Work Package 2-Phase 3: (Northwest)910 Luther Peterson Pl,Round Rock,TX 78665 Work Package 3-Phase 4: (Southwest)901 Luther Peterson Pl,Round Rock,TX 78665 City of Round Rock 221 East Main Street Round Rock,Texas 78644 Telephone Number 512-218-5400 (Name, legal status, and address) Hensel Phelps Construction Company 8326 Cross Park Dr. Austin,Texas 87854 PAGE 2 Prior to commencement of the Work,the Owner shall secure the insurance,and provide evidence of the coverage, required under this Miele B.2--a __the r,._st..ae fi M o_'s ;de of the�veFt. __r_ request, rvp .Article B.2.The copy of the policy or policies provided shall contain all applicable conditions,definitions,exclusions,and endorsements. § B.2.3.1 As provided in Section B.3.3.2.1 the Construction Manager shall purchase and maintain,from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located,property insurance written on a builder's risk"all-risks"completed value or equivalent policy form and sufficient to cover the total value of the entire Wejeet Work on a replacement cost basis.The Owner property insurance coverage shall be no less than the amount of the initial Contract Sum,plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others.The property insurance shall be maintained until Substantial Completion a*d thereafter-as pfevided in Seetien B.2.3.1.3,unless other-wise provided in the Geatfaet Deetiffients eF ether-wise agreed in wr-iti"by the paFties te this Agr-eemeot.This inswanee shall inehade the Final Completion.This insurance shall include the Owner,Construction Manager,Subcontractors,and Sub-subcontractors in the Project as insureds.This insurance shall include the interests of mortgagees as loss payees. Additions and Deletions Report for AIA Document A133—2019 Exhibit B.Copyright @ 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:26:39 ET on 08/19/2024 under Order No.2114525200 which expires on 04/10/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1882156082) f 1 R 6.2.4.2!1 d' OF l In ran f«the able and_neeessar-y sts t. satisfy the miaLmum i , GENERAL CONDITIONS Reference AIA Document A201 -2017 General Conditions of a Contract for Construction *The City reserves the right to negotiate terms and revisions to the A201-2017 with agreement between City and Contractor. 56 k1A \�',/l; Document A201 — 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Bob Bennet Phases II,III,and IV ADDITIONS AND DELETIONS: Work Package 1-Phase 2: (Northeast)900 Luther Peterson PI,Round Rock,TX 78665 The author of this document has Work Package 2-Phase 3: (Northwest)910 Luther Peterson P1,Round Rock,TX 78665 added information needed for its completion.The author may also Work Package 3-Phase 4: (Southwest)901 Luther Peterson Pl,Round Rock,TX 78665 have revised the text of the original AIA standard form.An Additions and Deletions Report that notes added THE OWNER: information as well as revisions to the (Name, legal status and address) standard form text is available from the author and should be reviewed.A City of Round Rock vertical line in the left margin of this 221 East Main Street document indicates where the author Round Rock,Texas 78644 has added necessary information Telephone Number 512-218-5400 and where the author has added to or deleted from the original AIA text. THE ARCHITECT: ( This document has important legal Name, legal status and address) Jacobs Engineering Group,Inc. consequences.Consultation with an attorney is encouraged with respect 1999 Bryan Street to its completion or modification. Suite 3500 Dallas,Texas 75201 For guidance in modifying this document to include supplementary conditions,see AIA Document TABLE OF ARTICLES A503TI,Guide for Supplementary Conditions. 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for I resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 2 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) INDEX Architect's Authority to Reject Work (Topics and numbers in bold are Section headings.) 3.5,4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Acceptance of Nonconforming Work Architect's Decisions 9.6.6,9.9.3,12.3 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Acceptance of Work 7.3.4,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 13.4.2, 15.2 Access to Work Architect's Inspections 3.16,6.2.1, 12.1 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.4 Accident Prevention Architect's Instructions 10 3.2.4,3.3.1,4.2.6,4.2.7, 13.4.2 Acts and Omissions Architect's Interpretations 3.2,3.3.2,3.12.8,3.18,4.2.3,8.3.1,9.5.1, 10.2.5, 4.2.11,4.2.12 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Architect's Project Representative Addenda 4.2.10 1.1.1 Architect's Relationship with Contractor Additional Costs,Claims for 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, 3.7.4,3.7.5, 10.3.2, 15.1.5 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, Additional Inspections and Testing 3.18,4.1.2,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, 9.4.2,9.8.3, 12.2.1, 13.4 9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Additional Time,Claims for Architect's Relationship with Subcontractors 3.2.4,3.7.4,3.7.5,3.10.2,8.3.2,15.1.6 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3 Administration of the Contract Architect's Representations 3.1.3,4.2,9.4,9.5 9.4.2,9.5.1,9.10.1 Advertisement or Invitation to Bid Architect's Site Visits 1.1.1 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Aesthetic Effect Asbestos 4.2.13 10.3.1 Allowances Attorneys'Fees 3.8 3.18.1,9.6.8,9.10.2, 10.3.3 Applications for Payment Award of Separate Contracts 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.5.4,9.6.3,9.7,9.10 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1,2.3.1,2.5,3.1.3,3.10.2,3.12.8,3.12.9, Portions of the Work 3.12.10.1,4.2.7,9.3.2, 13.4.1 5.2 Arbitration Basic Definitions 8.3.1, 15.3.2, 15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1 Architect,Definition of Binding Dispute Resolution 4.1.1 8.3.1,9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, Architect,Extent of Authority 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 2.5,3.12.7,4.1.2,4.2,5.2,6.3,7.1.2,7.3.4,7.4,9.2, Bonds,Lien 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 7.3.4.4,9.6.8,9.10.2,9.10.3 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Bonds,Performance,and Payment Architect,Limitations of Authority and Responsibility 7.3.4.4,9.6.7,9.10.3, 11.1.2, 11.1.3, 11.5 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, Building Information Models Use and Reliance 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4,9.4.2, 1.8 9.5.4,9.6.4, 15.1.4, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Capitalization Architect's Administration of the Contract 1.3 3.1.3,3.7.4, 15.2,9.4.1,9.5 Certificate of Substantial Completion Architect's Approvals 9.8.3,9.8.4,9.8.5 2.5,3.1.3,3.5,3.10.2,4.2.7 Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 3 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) Certificates for Payment Concealed or Unknown Conditions 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, 3.7.4,4.2.8,8.3.1, 10.3 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Conditions of the Contract Certificates of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 13.4.4 Consent,Written Certificates of Insurance 3.4.2,3.14.2,4.1.2,9.8.5,9.9.1,9.10.2,9.10.3, 13.2, 9.10.2 15.4.4.2 Change Orders Consolidation or Joinder 1.1.1,3.4.2,3.7.4,3.8.2.3,3.11,3.12.8,4.2.8,5.2.3, 15.4.4 7.1.2,7.1.3,7.2,7.3.2,7.3.7,7.3.9,7.3.10,8.3.1, CONSTRUCTION BY OWNER OR BY 9.3.1.1,9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 2.2.2,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1, Construction Change Directives 11.5 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, Claims,Definition of 9.3.1.1 15.1.1 Construction Schedules,Contractor's Claims,Notice of 3.10,3.11,3.12.1,3.12.2,6.1.3, 15.1.6.2 1.6.2, 15.1.3 Contingent Assignment of Subcontracts CLAIMS AND DISPUTES 5.4, 14.2.2.2 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4, 10.3.3, 15, 15.4 Continuing Contract Performance Claims and Timely Assertion of Claims 15.1.4 15.4.1 Contract,Definition of Claims for Additional Cost 1.1.2 3.2.4,3.3.1,3.7.4,7.3.9,9.5.2, 10.2.5, 10.3.2, 15.1.5 CONTRACT,TERMINATION OR Claims for Additional Time SUSPENSION OF THE 3.2.4,3.3.1,3.7.4,6.1.1,8.3.2,9.5.2, 10.3.2, 15.1.6 5.4.1.1,5.4.2, 11.5, 14 Concealed or Unknown Conditions,Claims for Contract Administration 3.7.4 3.1.3,4,9.4,9.5 Claims for Damages Contract Award and Execution,Conditions Relating 3.2.4,3.18,8.3.3,9.5.1,9.6.7, 10.2.5, 10.3.3, 11.3, to 11.3.2, 14.2.4, 15.1.7 3.7.1,3.10,5.2,6.1 Claims Subject to Arbitration Contract Documents,Copies Furnished and Use of 15.4.1 1.5.2,2.3.6,5.3 Cleaning Up Contract Documents,Definition of 3.15,6.3 1.1.1 Commencement of the Work,Conditions Relating to Contract Sum 2.2.1,3.2.2,3.4.1,3.7.1,3.10.1,3.12.6,5.2.1,5.2.3, 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2,5.2.3,7.3, 7.4, 6.2.2,8.1.2,8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 9.1,9.2,9.4.2,9.5.1.4,9.6.7,9.7, 10.3.2, 11.5, 12.1.2, Commencement of the Work,Definition of 12.3, 14.2.4, 14.3.2, 15.1.4.2,15.1.5,15.2.5 8.1.2 Contract Sum,Definition of Communications 9.1 3.9.1,4.2.4 Contract Time Completion,Conditions Relating to 1.1.4,2.2.1,2.2.2,3.7.4,3.7.5,3.10.2,5.2.3,6.1.5, 3.4.1,3.11,3.15,4.2.2,4.2.9, 8.2,9.4.2,9.8,9.9.1, 7.2.1.3,7.3.1,7.3.5,7.3.6,7,7,7.3.10,7.4,8.1.1, 9.10, 12.2, 14.1.2, 15.1.2 8.2.1, 8.2.3,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, COMPLETION,PAYMENTS AND 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 9 Contract Time,Definition of Completion,Substantial 8.1.1 3.10.1,4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1, CONTRACTOR 9.10.3, 12.2, 15.1.2 3 Compliance with Laws Contractor,Definition of 2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4, 10.2.2, 13.1, 3.1,6.1.2 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, Contractor's Construction and Submittal 15.4.2, 15.4.3 Schedules 3.10,3.12.1,3.12.2,4.2.3,6.1.3, 15.1.6.2 Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 4 AmericanInstitute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) Contractor's Employees Damage to Construction of Owner or Separate 2.2.4,3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, Contractors 10.3, 11.3, 14.1, 14.2.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Liability Insurance Damage to the Work 11.1 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Relationship with Separate Contractors Damages,Claims for and Owner's Forces 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.3.2, 3.12.5,3.14.2,4.2.4,6, 11.3, 12.2.4 11.3, 14.2.4, 15.1.7 Contractor's Relationship with Subcontractors Damages for Delay 1.2.2,2.2.4,3.3.2,3.18.1,3.18.2,4.2.4,5,9.6.2,9.6.7, 6.2.3,8.3.3,9.5.1.6,9.7, 10.3.2, 14.3.2 9.10.2, 11.2, 11.3, 11.4 Date of Commencement of the Work,Definition of Contractor's Relationship with the Architect 8.1.2 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, Date of Substantial Completion,Definition of 3.5.1,3.7.4,3.10,3.11,3.12,3.16,3.18,4.2,5.2,6.2.2, 8.1.3 7,8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, Day,Definition of 11.3, 12, 13.4, 15.1.3, 15.2.1 8.1.4 Contractor's Representations Decisions of the Architect 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,6.3,7.3.4, Contractor's Responsibility for Those Performing the 7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 13.4.2, Work 14.2.2, 14.2.4, 15.1, 15.2 3.3.2,3.18,5.3,6.1.3,6.2,9.5.1, 10.2.8 Decisions to Withhold Certification Contractor's Review of Contract Documents 9.4.1,9.5,9.7, 14.1.1.3 3.2 Defective or Nonconforming Work,Acceptance, Contractor's Right to Stop the Work Rejection and Correction of 2.2.2,9.7 2.5,3.5,4.2.6,6.2.3,9.5.1,9.5.3,9.6.6,9.8.2,9.9.3, Contractor's Right to Terminate the Contract 9.10.4, 12.2.1 14.1 Definitions Contractor's Submittals 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 6.1.2, 7.2.1,7.3.1,8.1,9.1,9.8.1, 15.1.1 9.8.3,9.9.1,9.10.2,9.10.3 Delays and Extensions of Time Contractor's Superintendent 3.2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 3.9, 10.2.6 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Contractor's Supervision and Construction Digital Data Use and Transmission Procedures 1.7 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, Disputes 7.3.4,7.3.6,8.2, 10, 12, 14, 15.1.4 6.3,7.3.9, 15.1, 15.2 Coordination and Correlation Documents and Samples at the Site 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 3.11 Copies Furnished of Drawings and Specifications Drawings,Definition of 1.5,2.3.6,3.11 1.1.5 Copyrights Drawings and Specifications,Use and Ownership of 1.5,3.17 3.11 Correction of Work Effective Date of Insurance 2.5,3.7.3,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2, 12.3, 8.2.2 15.1.3.1, 15.1.3.2, 15.2.1 Emergencies Correlation and Intent of the Contract Documents 10.4, 14.1.1.2, 15.1.5 1.2 Employees,Contractor's Cost,Definition of 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 7.3.4 10.3.3, 11.3, 14.1, 14.2.1.1 Costs Equipment,Labor,or Materials 2.5,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 7.3.3.3,7.3.4,7.3.8,7.3.9,9.10.2, 10.3.2, 10.3.6, 11.2, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Cutting and Patching Execution and Progress of the Work 3.14,6.2.5 1.1.3, 1.2.1, 1.2.2,2.3.4,2.3.6,3.1,3.3.1,3.4.1,3.7.1, 3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.6,8.2,9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 5 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) Extensions of Time Insurance,Stored Materials 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 9.3.2 10.4, 14.3, 15.1.6, 15.2.5 INSURANCE AND BONDS Failure of Payment 11 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Insurance Companies,Consent to Partial Occupancy Faulty Work 9.9.1 (See Defective or Nonconforming Work) Insured loss,Adjustment and Settlement of Final Completion and Final Payment 11.5 4.2.1,4.2.9,9.8.2,9.10, 12.3, 14.2.4, 14.4.3 Intent of the Contract Documents Financial Arrangements,Owner's 1.2.1,4.2.7,4.2.12,4.2.13 2.2.1, 13.2.2, 14.1.1.4 Interest GENERAL PROVISIONS 13.5 1 Interpretation Governing Law 1.1.8, 1.2.3,1.4,4.1.1,5.1,6.1.2, 15.1.1 13.1 Interpretations,Written Guarantees(See Warranty) 4.2.11,4.2.12 Hazardous Materials and Substances Judgment on Final Award 10.2.4,10.3 15.4.2 Identification of Subcontractors and Suppliers Labor and Materials,Equipment 5.2.1 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Indemnification 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 10.2.1, 3.17,3.18,9.6.8,9.10.2, 10.3.3, 11.3 10.2.4, 14.2.1.1, 14.2.1.2 Information and Services Required of the Owner Labor Disputes 2.1.2,2.2,2.3,3.2.2,3.12.10.1,6.1.3,6.1.4,6.2.5, 8.3.1 9.6.1,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, Laws and Regulations 14.1.1.4, 14.1.4, 15.1.4 1.5,2.3.2,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, Initial Decision 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.2 15.4 Initial Decision Maker,Definition of Liens 1.1.8 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 Initial Decision Maker,Decisions Limitations, Statutes of 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 12.2.5, 15.1.2, 15.4.1.1 Initial Decision Maker,Extent of Authority Limitations of Liability 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 3.2.2,3.5,3.12.10,3.12.10.1,3.17,3.18.1,4.2.6, Injury or Damage to Person or Property 4.2.7,6.2.2,9.4.2,9.6.4,9.6.7,9.6.8, 10.2.5, 10.3.3, 10.2.8, 10.4 11.3, 12.2.5, 13.3.1 Inspections Limitations of Time 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 9.9.2,9.10.1, 12.2.1, 13.4 5.2,5.3,5.4.1,6.2.4, 7.3,7.4,8.2,9.2,9.3.1,9.3.3, Instructions to Bidders 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15, 1.1.1 15.1.2, 15.1.3, 15.1.5 Instructions to the Contractor Materials,Hazardous 3.2.4,3.3.1,3.8.1,5.2.1,7, 8.2.2, 12, 13.4.2 10.2.4, 10.3 Instruments of Service,Definition of Materials,Labor,Equipment and 1.1.7 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Insurance 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 6.1.1,7.3.4,8.2.2,9.3.2,9.8.4,9.9.1,9.10.2, 10.2.5,11 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Notice of Cancellation or Expiration Means,Methods,Techniques,Sequences and 11.1.4, 11.2.3 Procedures of Construction Insurance,Contractor's Liability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 11.1 Mechanic's Lien Insurance,Effective Date of 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 8.2.2, 14.4.2 Mediation Insurance,Owner's Liability 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 11.2 15.4.1.1 Insurance,Property Minor Changes in the Work 10.2.5, 11.2, 11.4, 11.5 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 6 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 13 6.3 Modifications,Definition of Owner's Right to Perform Construction and to 1.1.1 Award Separate Contracts Modifications to the Contract 6.1 1.1.1, 1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, Owner's Right to Stop the Work 10.3.2 2.4 Mutual Responsibility Owner's Right to Suspend the Work 6.2 14.3 Nonconforming Work,Acceptance of Owner's Right to Terminate the Contract 9.6.6,9.9.3, 12.3 14.2, 14.4 Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications 2.4,2.5,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service 12.2 1.1.1, 1.1.6, 1.1.7, 1.5,2.3.6,3.2.2,3.11,3.17,4.2.12, Notice 5.3 1.6, 1.6.1, 1.6.2,2.1.2,2.2.2.,2.2.3,2.2.4,2.5,3.2.4, Partial Occupancy or Use 3.3.1,3.7.4,3.7.5,3.9.2,3.12.9,3.12.10,5.2.1,7.4, 9.6.6,9.9 8.2.2 9.6.8,9.7,9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, Patching,Cutting and 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 3.14,6.2.5 15.1.6, 15.4.1 Patents Notice of Cancellation or Expiration of Insurance 3.17 11.1.4, 11.2.3 Payment,Applications for Notice of Claims 4.2.5, 7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, 1.6.2,2.1.2,3.7.4,9.6.8, 10.2.8,15.1.3, 15.1.5, 15.1.6, 14.2.3, 14.2.4, 14.4.3 15.2.8, 15.3.2, 15.4.1 Payment,Certificates for Notice of Testing and Inspections 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, 13.4.1, 13.4.2 9.10.3, 14.1.1.3, 14.2.4 Observations,Contractor's Payment,Failure of 3.2,3.7.4 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Occupancy Payment,Final 2.3.1,9.6.6,9.8 4.2.1,4.2.9,9.10, 12.3, 14.2.4, 14.4.3 Orders,Written Payment Bond,Performance Bond and 1.1.1,2.4,3.9.2,7,8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3, 11.1.2 14.3.1 Payments,Progress OWNER 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 2 PAYMENTS AND COMPLETION Owner,Definition of 9 2.1.1 Payments to Subcontractors Owner,Evidence of Financial Arrangements 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 2.2, 13.2.2, 14.1.1.4 PCB Owner,Information and Services Required of the 10.3.1 2.1.2,2.2,2.3,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, Performance Bond and Payment Bond 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3, 11.1.2 14.1.1.4, 14.1.4, 15.1.4 Permits,Fees,Notices and Compliance with Laws Owner's Authority 2.3.1,3.7,3.13,7.3.4.4, 10.2.2 1.5,2.1.1,2.3.32.4,2.5,3.4.2,3.8.1,3.12.10,3.14.2, PERSONS AND PROPERTY,PROTECTION OF 4.1.2,4.2.4,4.2.9,5.2.1,5.2.4,5.4.1,6.1,6.3,7.2.1, 10 7.3.1,8.2.2, 8.3.1,9.3.2,9.5.1,9.6.4,9.9.1,9.10.2, Polychlorinated Biphenyl 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 10.3.1 15.2.7 Product Data,Definition of Owner's Insurance 3.12.2 11.2 Product Data and Samples,Shop Drawings Owner's Relationship with Subcontractors 3.11,3.12,4.2.7 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Progress and Completion Owner's Right to Carry Out the Work 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.4 2.5, 14.2.2 Progress Payments 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 7 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) Project,Definition of Separate Contracts and Contractors 1.1.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6, 8.3.1, 12.1.2 Project Representatives Separate Contractors,Definition of 4.2.10 6.1.1 Property Insurance Shop Drawings,Definition of 10.2.5, 11.2 3.12.1 Proposal Requirements Shop Drawings,Product Data and Samples 1.1.1 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site,Use of 10 3.13,6.1.1,6.2.1 Regulations and Laws Site Inspections 1.5,2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.9.2,9.4.2,9.10.1, 13.4 10.2.2,13.1,13.3, 13.4.1, 13.4.2, 13.5,14, 15.2.8, 15.4 Site Visits,Architect's Rejection of Work 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 4.2.6, 12.2.1 Special Inspections and Testing Releases and Waivers of Liens 4.2.6, 12.2.1, 13.4 9.3.1,9.10.2 Specifications,Definition of Representations 1.1.6 3.2.1,3.5,3.12.6,8.2.1,9.3.3,9.4.2,9.5.1,9.10.1 Specifications Representatives 1.1.1, 1.1.6, 1.2.2, 1.5,3.12.10,3.17,4.2.14 2.1.1,3.1.1,3.9,4.1.1,4.2.10, 13.2.1 Statute of Limitations Responsibility for Those Performing the Work 15.1.2, 15.4.1.1 3.3.2,3.18,4.2.2,4.2.3,5.3,6.1.3,6.2,6.3,9.5.1, 10 Stopping the Work Retainage 2.2.2,2.4,9.7, 10.3, 14.1 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Stored Materials Review of Contract Documents and Field 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Conditions by Contractor Subcontractor,Definition of 3.2,3.12.7,6.1.3 5.1.1 Review of Contractor's Submittals by Owner and SUBCONTRACTORS Architect 5 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Subcontractors,Work by Review of Shop Drawings,Product Data and Samples 1.2.2,3.3.2,3.12.1,3.18,4.2.3,5.2.3,5.3,5.4,9.3.1.2, by Contractor 9.6.7 3.12 Subcontractual Relations Rights and Remedies 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 1.1.2,2.4,2.5,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, Submittals 6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9.3,9.8, 12.2.4, 13.3, 14, 15.4 9.9.1,9.10.2,9.10.3 Royalties,Patents and Copyrights Submittal Schedule 3.17 3.10.2,3.12.5,4.2.7 Rules and Notices for Arbitration Subrogation,Waivers of 15.4.1 6.1.1, 11.3 Safety of Persons and Property Substances,Hazardous 10.2, 10.4 10.3 Safety Precautions and Programs Substantial Completion 3.3.1,4.2.2,4.2.7,5.3, 10.1, 10.2, 10.4 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, Samples,Definition of 15.1.2 3.12.3 Substantial Completion,Definition of Samples,Shop Drawings,Product Data and 9.8.1 3.11,3.12,4.2.7 Substitution of Subcontractors Samples at the Site,Documents and 5.2.3,5.2.4 3.11 Substitution of Architect Schedule of Values 2.3.3 9.2,9.3.1 Substitutions of Materials Schedules,Construction 3.4.2,3.5,7.3.8 3.10,3.12.1,3.12.2,6.1.3, 15.1.6.2 Sub-subcontractor,Definition of 5.1.2 Init. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 8 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for I resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentss Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) Subsurface Conditions Time Limits 3.7.4 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, Successors and Assigns 5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 13.2 9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15.1.2, Superintendent 15.1.3, 15.4 3.9, 10.2.6 Time Limits on Claims Supervision and Construction Procedures 3.7.4, 10.2.8, 15.1.2, 15.1.3 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, Title to Work 7.3.4,8.2,8.3.1,9.4.2, 10, 12, 14, 15.1.4 9.3.2,9.3.3 Suppliers UNCOVERING AND CORRECTION OF WORK 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.5.4,9.6, 12 9.10.5, 14.2.1 Uncovering of Work Surety 12.1 5.4.1.2,9.6.8,9.8.5,9.10.2,9.10.3, 11.1.2, 14.2.2, Unforeseen Conditions,Concealed or Unknown 15.2.7 3.7.4,8.3.1, 10.3 Surety,Consent of Unit Prices 9.8.5,9.10.2,9.10.3 7.3.3.2,9.1.2 Surveys Use of Documents 1.1.7,2.3.4 1.1.1, 1.5,2.3.6,3.12.6,5.3 Suspension by the Owner for Convenience Use of Site 14.3 3.13,6.1.1,6.2.1 Suspension of the Work Values,Schedule of 3.7.5,5.4.2, 14.3 9.2,9.3.1 Suspension or Termination of the Contract Waiver of Claims by the Architect 5.4.1.1, 14 13.3.2 Taxes Waiver of Claims by the Contractor 3.6,3.8.2.1,7.3.4.4 9.10.5, 13.3.2, 15.1.7 Termination by the Contractor Waiver of Claims by the Owner 14.1, 15.1.7 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Termination by the Owner for Cause Waiver of Consequential Damages 5.4.1.1, 14.2, 15.1.7 14.2.4, 15.1.7 Termination by the Owner for Convenience Waiver of Liens 14.4 9.3,9.10.2,9.10.4 Termination of the Architect Waivers of Subrogation 2.3.3 6.1.1, 11.3 Termination of the Contractor Employment Warranty 14.2.2 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.2,9.10.4, 12.2.2, 15.1.2 TERMINATION OR SUSPENSION OF THE Weather Delays CONTRACT 8.3, 15.1.6.2 14 Work,Definition of Tests and Inspections 1.1.3 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Written Consent 9.9.2,9.10.1, 10.3.2, 12.2.1, 13.4 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2, 9.3.2,9.10.3, TIME 13.2, 13.3.2, 15.4.4.2 8 Written Interpretations Time,Delays and Extensions of 4.2.11,4.2.12 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, Written Orders 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 1.1.1,2.4,3.9,7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 9 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement, and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive,or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement or invitation to bid,Instructions to Bidders,sample forms,other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants,or(4)between any persons or entities other than the Owner and the Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment,and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details,schedules,and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models, sketches,drawings,specifications,and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2.The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 10 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for 1 resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions.If it is determined that any provision of the Contract Documents violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Contract Documents shall be construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles,or(3)the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings,Specifications,and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and retain all common law,statutory,and other reserved rights in their Instruments of Service,including copyrights.The Contractor,Subcontractors, Sub-subcontractors,and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'reserved rights. § 1.5.2 The Contractor,Subcontractors,Sub-subcontractors,and suppliers are authorized to use and reproduce the Instruments of Service provided to them,subject to any protocols established pursuant to Sections 1.7 and 1.8,solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.The Contractor,Subcontractors,Sub-subcontractors,and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner,Architect,and the Architect's consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2,where the Contract Documents require one party to notify or give notice to the other party,such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail,or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203T"--2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 11 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) G202Tm-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization.Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor,within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of,or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.If commencement of the Work is delayed under this Section 2.2.1,the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if(1)the Owner fails to make payments to the Contractor as the Contract Documents require; (2)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or(3)a change in the Work materially changes the Contract Sum.If the Owner fails to provide such evidence,as required,within fourteen days of the Contractor's request,the Contractor may immediately stop the Work and,in that event,shall notify the Owner that the Work has stopped.However,if the request is made because a change in the Work materially changes the Contract Sum under(3)above,the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided.If the Work is stopped under this Section 2.2.2,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as"confidential,"the Contractor shall keep the information confidential and shall not disclose it to any other person.However,the Contractor may disclose"confidential"information,after seven(7)days'notice to the Owner,where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or by court or arbitrator(s)order.The Contractor may also disclose"confidential"information to its employees,consultants, sureties,Subcontractors and their employees,Sub-subcontractors,and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture,or an entity lawfully practicing architecture,in the jurisdiction where the Project is located.That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 12 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 2.3.3 If the employment of the Architect terminates,the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents,the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,except to the extent required by Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may,pursuant to Section 9.5.1,withhold or nullify a Certificate for Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect,or failure.If current and future payments are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner.If the Contractor disagrees with the actions of the Owner or the Architect,or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term"Contractor"means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents and approved submittals. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed,and correlated personal observations with requirements of the Contract Documents. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 13 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.3.4,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15.If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner,subject to Section 15.1.7,as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations,the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents,for differences between field measurements or conditions and the Contract Documents,or for nonconformities of the Contract Documents to applicable laws,statutes, ordinances,codes,rules and regulations,and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for,and have control over,construction means,methods,techniques,sequences, and procedures,and for coordinating all portions of the Work under the Contract.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences,or procedures,the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means,methods, techniques,sequences,or procedures.If the Contractor determines that such means,methods,techniques,sequences or procedures may not be safe,the Contractor shall give timely notice to the Owner and Architect,and shall propose alternative means,methods,techniques,sequences,or procedures.The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction.Unless the Architect objects to the Contractor's proposed alternative,the Contractor shall perform the Work using its alternative means,methods, techniques,sequences,or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for,or on behalf of,the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 14 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect, the Contractor shall fumish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material,equipment,or other special warranties required by the Contract Documents shall be issued in the name of the Owner,or shall be transferable to the Owner,and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits,Fees,Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits,fees,licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are(1)subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if the Architect determines that 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,will recommend that an equitable adjustment be made in the Contract Sum or Contract Time,or both.If the Architect 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 Architect shall promptly notify the Owner and Contractor,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may submit a Claim as provided in Article 15. § 3.7.5 If,in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect.Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 15 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfc@aiacontracts.com. User Notes: (812078184) § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit,and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and qualifications of a proposed superintendent.Within 14 days of receipt of the information,the Owner may notify the Contractor,stating whether the Owner(1)has reasonable objection to the proposed superintendent or(2) requires additional time for review.Failure of the Owner to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor,promptly after being awarded the Contract,shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall contain detail appropriate for the Project,including(1)the date of commencement of the Work,interim schedule milestone dates,and the date of Substantial Completion;(2)an apportionment of the Work by construction activity;and(3)the time required for completion of each portion of the Work.The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents.The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,shall submit a submittal schedule for the Architect's approval.The Architect's approval shall not be unreasonably delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and(2)allow the Architect reasonable time to review submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available,at the Project site,the Contract Documents,including Change Orders, Construction Change Directives,and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and the approved Shop Drawings,Product Data,Samples,and similar required submittals.These shall be in electronic form or paper copy,available to the Architect and Owner,and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,'"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 16 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings,diagrams,schedules,and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier,or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams,and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials,equipment,or workmanship,and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings,Product Data,Samples,and similar submittals are not Contract Documents.Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals.Review by the Architect is subject to the limitations of Section 4.2.7.Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents,approve,and submit to the Architect,Shop Drawings,Product Data,Samples,and similar submittals required by the Contract Documents,,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings,Product Data,Samples,and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed them,(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples,or similar submittals,until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples,or similar submittals,unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and(1)the Architect has approval of the submittal,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples,or similar submittals,by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples,or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such notice,the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences,and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents.The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings,and other submittals prepared by such professional.Shop Drawings,and other submittals related to the Work,designed or Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 17 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfc@aiacontracts.com. User Notes: (812078184) certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications,and approvals performed or provided by such design professionals,provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria,the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances,codes, rules and regulations,lawful orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting,fitting,or patching required to complete the Work or to make its parts fit together properly.All areas requiring cutting,fitting,or patching shall be restored to the condition existing prior to the cutting,fitting,or patching,unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting,patching,or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor.Consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold,from the Owner or a Separate Contractor,its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools,construction equipment,machinery,and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for defense or loss when a particular design,process,or product of a particular manufacturer or manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications,or other documents prepared by the Owner or Architect.However,if an infringement of a copyright or patent is discovered by,or made known to,the Contractor,the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner, Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages,losses, and expenses,including but not limited to attorneys'fees,arising out of or resulting from performance of the Work, provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 18 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not far resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss,or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation,or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts,or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties,responsibilities,and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified,or extended without written consent of the Owner,Contractor,and Architect.Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor, and(3)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of,and will not be responsible for acts or omissions of,the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and suppliers shall be through the Contractor.Communications by and with Separate Contractors shall be through the Owner.The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3,whether or not the Work is fabricated,installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 19 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,suppliers, their agents or employees,or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals such as Shop Drawings,Product Data,and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness as to cause no delay in the Work while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5,and 3.12.The Architect's review shall not constitute approval of safety precautions or of any construction means,methods,techniques,sequences,or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may order minor changes in the Work as provided in Section 7.4.The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree,the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site.The Owner shall notify the Contractor of any change in the duties,responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor"does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 20 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents,the Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work,including those who are to furnish materials or equipment fabricated to a special design.Within 14 days of receipt of the information,the Architect may notify the Contractor whether the Owner or the Architect(1)has reasonable objection to any such proposed person or entity or(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor,person,or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work that the Contractor,by these Contract Documents,assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies,and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity.If the Owner assigns the subcontract to a successor contractor or other entity,the Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 21 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term"Separate Contractor(s)"shall mean other contractors retained by the Owner under separate agreements.The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract,including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The 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 any Separate Contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to its 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. § 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors,the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract,including, without excluding others,those stated in Article 3,this Article 6,and Articles 10, 11,and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work.Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work.The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays,improperly timed activities or defective construction.The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays,improperly timed activities,damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor,Separate Contractors,and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 22 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement between the Owner and Contractor.A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor.An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents.The Contractor shall proceed promptly with changes in the Work,unless otherwise provided in the Change Order, Construction Change Directive,or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor,and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment,if any,in the Contract Sum;and .3 The extent of the adjustment,if any,in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions,or other revisions,the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect Owner shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount. In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect and Owner and may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor,including applicable payroll taxes,fringe benefits required by agreement or custom, workers' compensation insurance,and other employee costs approved by the Architect; .2 Costs of materials,supplies,and equipment,including cost of transportation,whether incorporated or consumed; .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit fees,and sales,use,or similar taxes,directly related to the change;and Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are trademarks of The 23 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time,the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect and Owner of the Contractor's agreement or disagreement with the method,if any,provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment.The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines,in the Architect's professional judgment,to be reasonably justified.The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and the Architect will prepare a Change Order.Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect's order for minor changes shall be in writing.If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time,the Contractor shall notify the Architect and Owner and shall not proceed to implement the change in the Work. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 24 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by(1)an act or neglect of the Owner or Architect,of an employee of either,or of a Separate Contractor;(2)by changes ordered in the Work; (3)by labor disputes,fire,unusual delay in deliveries,unavoidable casualties,adverse weather conditions documented in accordance with Section 15.1.6.2,or other causes beyond the Contractor's control;(4)by delay authorized by the Owner pending mediation and binding dispute resolution;or(5)by other causes that the Contractor asserts,and the Architect determines,justify delay,then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit a schedule of values to the Architect before the first Application for Payment,allocating the entire Contract Sum to the various portions of the Work.The schedule of values shall be prepared in the form,and supported by the data to substantiate its accuracy,required by the Architect.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment.Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require,and unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2,for completed portions of the Work.The application shall be notarized,if required,and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require,such as copies of requisitions,and releases and waivers of liens from first tier Subcontractors and suppliers,and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials Init. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects;"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 25 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage, and transportation to the site,for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information,and belief,be free and clear of liens,claims,security interests,or encumbrances,in favor of the Contractor,Subcontractors,suppliers,or other persons or entities that provided labor, materials,and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either(1)issue to the Owner a Certificate for Payment in the full amount of the Application for Payment,with a copy to the Contractor;or(2)issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due,and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1;or(3)withhold certification of the entire Application for Payment,and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based on the Architect's evaluation of the Work and the data in the Application for Payment,that,to the best of the Architect's knowledge,information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion,and to specific qualifications expressed by the Architect. However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;(2)reviewed construction means,methods,techniques,sequences,or procedures;(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims,unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1,in whole or in part,that party may submit a Claim in accordance with Article 15. Inst. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 26 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 9.5.3 When the reasons for withholding certification are removed,certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered.If the Owner makes payments by joint check,the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work.If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay,or to see to the payment of money to,a Subcontractor or supplier,except as may otherwise be required by law. § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both, under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,create any fiduciary liability or tort liability on the part of the Contractor for breach of trust,or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents,the Contractor shall defend and indemnify the Owner from all loss,liability,damage or expense,including reasonable attorney's fees and litigation expenses,arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier.Upon receipt of notice of a lien claim or other claim for payment,the Owner shall notify the Contractor.If approved by the applicable court,when required,the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents,the amount certified by the Architect or awarded by binding dispute resolution,then the Contractor may,upon seven additional days'notice to the Owner and Architect,stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided for in the Contract Documents. Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 27 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall, before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion;establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance;and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate.Upon such acceptance,and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,retainage,if any,security,maintenance, heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor,and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection.When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due Inst. AIA Document A201—2017.Copyright(9 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 28 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect,(3)a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety,if any,to final payment,(5)documentation of any special warranties,such as manufacturers' warranties or specific Subcontractor warranties,and(6)if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts and releases and waivers of liens,claims,security interests,or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien,claim,security interest,or encumbrance.If a lien, claim,security interest,or encumbrance remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien,claim,security interest,or encumbrance,including all costs and reasonable attorneys'fees. § 9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed,corrected,and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment.Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens,Claims,security interests,or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents;or .4 audits performed by the Owner,if permitted by the Contract Documents,after final payment. § 9.10.5 Acceptance of final payment by the Contractor,a Subcontractor,or a supplier,shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury,or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody,or control of the Contractor,a Subcontractor,or a Sub-subcontractor;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures,and utilities not designated for removal,relocation,or replacement in the course of construction. § 10.2.2 The Contractor shall comply with,and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities,bearing on safety of persons or property or their protection from damage,injury,or loss. Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 29 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 10.2.3 The Contractor shall implement,erect,and maintain,as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards;promulgating safety regulations;and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment,or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3.The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,notice of the injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall ftimish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown,delay,and start-up. § 10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants,and agents and employees of any of them from and against claims, Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 30 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) damages,losses,and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),except to the extent that such damage,loss,or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents.The Owner shall be responsible for hazardous materials or substances required by the Contract Documents,except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs(1)for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury,or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Owner shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types,for such penal sums,and subject to such terms and conditions as required by the Contract Documents.The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance.Within three(3)business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents,the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration.Upon receipt of notice from the Contractor,the Owner shall,unless the lapse in coverage arises from an act or omission of the Owner,have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor.The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 31 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 11.2.2 Failure to Purchase Required Property Insurance.If the Owner fails to purchase and maintain the required property insurance,with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents,the Owner shall inform the Contractor in writing prior to commencement of the Work.Upon receipt of notice from the Owner,the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor,Subcontractors,and Sub-Subcontractors in the Work.When the failure to provide coverage has been cured or resolved,the Contract Sum and Contract Time shall be equitably adjusted.In the event the Owner fails to procure coverage,the Owner waives all rights against the Contractor,Subcontractors,and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner.The cost of the insurance shall be charged to the Owner by a Change Order.If the Owner does not provide written notice,and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance,the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance.Within three(3)business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents,the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration.Unless the lapse in coverage arises from an act or omission of the Contractor: (1)the Contractor,upon receipt of notice from the Owner,shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor;(2)the Contract Time and Contract Sum shall be equitably adjusted;and(3)the Owner waives all rights against the Contractor, Subcontractors,and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled.If the Contractor purchases replacement coverage,the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors, sub-subcontractors,agents,and employees,each of the other;(2)the Architect and Architect's consultants;and(3) Separate Contractors,if any,and any of their subcontractors,sub-subcontractors,agents,and employees,for damages caused by fire,or other causes of loss,to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project,except such rights as they have to proceeds of such insurance.The Owner or Contractor,as appropriate,shall require similar written waivers in favor of the individuals and entities identified above from the Architect,Architect's consultants,Separate Contractors,subcontractors,and sub-subcontractors.The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation.This waiver of subrogation shall be effective as to a person or entity(1)even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise,(2)even though that person or entity did not pay the insurance premium directly or indirectly, or(3)whether or not the person or entity had an insurable interest in the damaged property. §11.3.2 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,to the extent permissible by such policies,the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner,at the Owner's option,may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property,or the inability to conduct normal operations,due to fire or other causes of loss.The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property,due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.5.2.The Owner shall pay the Architect and AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights Inst. reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 32 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) Contractor their just shares of insurance proceeds received by the Owner,and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss,the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds.The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds.If the Contractor does not object,the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation.Upon receipt,the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions.Thereafter,if no other agreement is made or the Owner does not terminate the Contract for convenience,the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose.If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds,the Owner may proceed to settle the insured loss,and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15.Pending resolution of any dispute,the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 if a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if requested in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate.If such Work is not in accordance with the Contract Documents,the costs of uncovering the Work,and the cost of correction,shall be at the Contractor's expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,discovered before Substantial Completion and whether or not fabricated,installed or completed. Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of any applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of notice from the Owner to do so,unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 33 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors,whether completed or partially completed,caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns,and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights,and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner,Architect,or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests,inspections,and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws,statutes,ordinances,codes,rules,and regulations or lawful orders of public authorities.Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections,and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections,and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests,inspections,or approvals that do not become requirements until after bids are received or negotiations concluded.The Owner shall directly arrange and pay for tests,inspections,or approvals where building codes or applicable laws or regulations so require. Init. AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 34 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 13.4.2 If the Architect,Owner,or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection,or approval not included under Section 13.4.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection,or approval,by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs, except as provided in Section 13.4.3,shall be at the Owner's expense. § 13.4.3 If procedures for testing,inspection,or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure,including those of repeated procedures and compensation for the Architect's services and expenses,shall be at the Contractor's expense. § 13.4.4 Required certificates of testing,inspection,or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests,inspections,or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work,for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government,such as a declaration of national emergency,that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work, repeated suspensions,delays,or interruptions of the entire Work by the Owner as described in Section 14.3,constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days'notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,and for proven losses with respect to materials,equipment,tools and construction equipment and machinery,as well as reasonable overhead and profit on Work not executed,and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days'notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 35 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist,and upon certification by the Architect that sufficient cause exists to justify such action,the Owner may,without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days'notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Initial Decision Maker,upon application,and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work,in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay,or interruption under Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent .1 that performance is,was,or would have been,so suspended,delayed,or interrupted,by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience,the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience,the Owner shall pay the Contractor for Work properly executed;costs incurred by reason of the termination,including costs attributable to termination of Subcontracts;and the termination fee,if any,set forth in the Agreement. Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects;"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 36 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking,as a matter of right,payment of money,a change in the Contract Time,or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the party making the Claim.This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract,whether in contract,tort,breach of warranty or otherwise,in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect,if the Architect is not serving as the Initial Decision Maker.Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party.In such event,no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision,subject to the right of either party to proceed in accordance with this Article 15.The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum,notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,notice as provided in Section 15.1.3 shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay,only one Claim is necessary. § 15.1.6.2 If adverse weather conditiohs are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated,and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and Init. AIA Document A201—2017.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 37 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit,except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims,excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4,and 11.5,shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker,unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim.If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker,the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered.Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions:(1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Initial Decision Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data,such party shall respond,within ten days after receipt of the request,and shall either(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished,or(3)advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor;and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time,subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may,within 30 days from the date of receipt of an initial decision,demand in writing that the other party file for mediation.If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may, but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. Init. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,'"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 38 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims,disputes,or other matters in controversy arising out of or related to the Contract,except those waived as provided for in Sections 9.10.4,9.10.5,and 15.1.7,shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of binding dispute resolution proceedings but,in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 15.3.3 Either party may,within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute,demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof,then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any Claim subject to,but not resolved by,mediation shall be subject to arbitration which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement.The Arbitration shall be conducted in the place where the Project is located,unless another location is mutually agreed upon.A demand for arbitration shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement,shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common questions of law or fact,and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). Init. AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 39 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4,whether by joinder or consolidation,the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. (nit. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 40 American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (812078184) Additions and Deletions Report for AIA` Document A201°— 2017 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:10:56 ET on 08/19/2024. PAGE 1 Bob Bennet Phases II,III,and IV Work Package 1-Phase 2:(Northeast)900 Luther Peterson Pl,Round Rock,TX 78665 Work Package 2-Phase 3:(Northwest1910 Luther Peterson Pl,Round Rock,TX 78665 Work Package 3-Phase 4: (Southwest)901 Luther Peterson Pl,Round Rock,TX 78665 City of Round Rock 221 East Main Street Round Rock,Texas 78644 Telephone Number 512-218-5400 (Name, legal status and address) Jacobs Engineering Group,Inc. 1999 Bryan Street Suite 3500 Dallas,Texas 75201 PAGE 10 § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract results-.Documents. PAGE 11 The parties shall agree upon rprotocols governing the transmission and use^f-,an .olianeo em,of lnstruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203Tm-2013 Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. Any use of,or reliance on,all or a portion of a building information model without agreement to;.rimprotocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013 Building Information Modeling_and Digital Data Exhibit,and the requisite AIA Document G202Tm-2013 Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. PAGE 13 Additions and Deletions Report for AIA Document A201—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Doeuments.Documents and approved submittals. PAGE 14 § 3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.3.4,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional,unless ethtapmxis speeifieally provided in the Gentfaet professional. PAGE 16 § 3.9.2 The Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and qualifications of a proposed superintendent.Within 14 days of receipt of the information,the Afelikee Owner may notify the Contractor,stating whether the Owner er-the A&ehiteet-(1)has reasonable objection to the proposed superintendent or(2)requires additional time for review.Failure of the "~Owner to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.10.2 The Contractor,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,shall submit a submittal schedule for the Architect's approval.The Architect's approval shall not be unreasonably delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and(2)allow the Architect reasonable time to review submittals.Tr.we G-AM ".,.,..,._fails to submit a sub-mittal sehedule,er.fails to provide submittals in aeeefdanee with the appr-w.edsuhmi#Rl sehedule,the Centmetef shall fiet be entitled te any iner-ease in GentEaet StH:R of emteftsi Aeta elf G.A._A_#_A_et Time based en the time PAGE 17 § 3.12.5 The Contractor shall review for compliance with the Contract Documents,approve,and submit to the Architect, Shop Drawings,Product Data,Samples,and similar submittals required by the Contract Documents,iff sehedule—,iwith reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings,Product Data,Samples,and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them,(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples,or similar submittals,unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and(1)the Architect has a miner-ehange in the Work,— proval of the submittal,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples,or similar submittals,by the Architect's approval thereof. PAGE 20 Additions and Deletions Report for AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are 2 trademarks of The American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (812078184) § 4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals such as Shop Drawings,Product Data,and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness as to cause no delay in the Work while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5,and 3.12.The Architect's review shall not constitute approval of safety precautions or of any construction means,methods,techniques,sequences,or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.11 The Architect will interpret and decide matters concerning , requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent efi, c&"Contract Documents and will be in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to ither. PAGE 22 § 6.1.1 The term"Separate Contractor(s)"shall mean other contractors retained by the Owner under separate agreements.The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract,including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such claim as provided in Article 15. PAGE 23 § 7.1.2 A Change Order shall be based upon agreement ameng the Owner-,G'al'a*^~,andehiteet.between the Owner and Contractor.A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor.An order for a minor change in the Work may be issued by the Architect alone. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect Owner shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect and Owner and may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.4 shall be limited to the following: PAGE 24 § 7.3.6 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect and Owner of the Contractor's agreement or disagreement with the method,if any,provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. Additions and Deletions Report for AIA Document A201—2017.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are 3 trademarks of The American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (812078184) The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect's order for minor changes shall be in writing.If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time,the Contractor shall notify the Architect and Owner and shall not proceed to implement the change in the Work. if th,Gent...,ter-per-fefms the Wer-k set f"+t"in ther-ehiteet's order-f ehange without prior-nefiee to Rhe Affeb—iteet that sueh ehange will affeet the Centf-aet Sum or-Gent.-aet Time,the Gentfaeter-waives any adjustment te the Gefitfaet Sum of extension ef the Genifftet Ti PAGE 25 § 9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2,for completed portions of the Work.The application shall be notarized,if required,and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require,such as copies of requisitions,and releases and waivers of liens from first tier Subcontractors and suppliers,and shall reflect retainage if provided for in the Contract Documents. PAGE 31 § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Ow e_ Mehiteet andr-ehiteet's,,,.nsul.,,„t, Owner shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. PAGE 35 § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days'notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,and for proven losses with respect to materials,equipment,tools and construction equipment and machinery,as well as reasonable overhead and profit on Work not executed,and costs incurred by reason of such termination. Additions and Deletions Report for AIA Document A201—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are 4 trademarks of The American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (812078184) Certification of Document's Authenticity AIA' Document D401111 — 2003 I,Stephanie Sandre,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:10:56 ET on 08/19/2024 under Order No.2114559687 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA8 Document A201 TM—2017,General Conditions of the Contract for Construction,other than those additions and deletions shown in the associated Additions and Deletions Report. ign (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:10:56 ET on 08/19/2024 under Order No.2114559687 which expires on 08/18/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (812078184) 00900 SPECIAL CONDITIONS 00900-4-2020 Pagc 57 Special Conditions 00443643 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. 00900-4-2020 Page 1 Special Conditions 00443643 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. 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. 009004-2020 Page 2 Special Conditions 00443643 2258.051. Duty ofPublic 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 for the following: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) Construction Types: Heavy and Highway Construction Type: Building 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. 009004-2020 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. SECTION 04-INSURANCE REQUIREMENTS 04-01 CERTIFICATES OF INSURANCE Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 04-02 REQUIRED INSURANCE POLICIES The following standard insurance policies shall be required: A. General Liability Policy B. Automobile Liability Policy C. Umbrella Liability D. Worker's Compensation Policy E. Builders Risk 04-03 GENERAL POLICY REQUIREMENTS The following general requirements are applicable to all policies: A. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. Additional coverage may be required based on deductible limits. C. Claims made policies shall not be accepted, except for Professional Liability D. Policy limits exceeding requirements are acceptable 04-04 POLICY LIMIT REQUIREMENTS A. Upon request, certified copies of all insurance policies shall be furnished to the City. B. Policies shall include,but not be limited to,the following minimum limits: 5 a. Commercial General Liability 1. Each Occurrence $5,000,000 2. Damage to Rented Premise $100,000 3. Personal and ADV Injury $10,000,000 4. General Aggregate $10,000,000 b. Umbrella Liability 1. Each Occurrence $10,000,000 2. Aggregate $10,000,000 c. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with combined single limit $5,000,000 d. Worker's Compensation and Employer's Liability 1. Each Accident$1,000,000 2. Disease-EA Employee $1,000,000 3. Disease-Policy Limit$1,000,000 e. Builders Risk 1. Unless otherwise agreed to in the contract documents, Builders Risk coverage shall be in force when vertical construction begins and can be terminated at the time that the City accepts the structure as substantially complete, unless the project is being completed in phases; then the coverage shall remain in effect until the City accepts the entire structure or structures as substantially complete. 04-05 POLICY TERM With regard to any approved claims-made policy form, a contractor shall maintain and keep in force and effect said coverage during the term of this contract and for a period of two (2)years following the expiration or completion of the contract with the City, either through an existing carrier or a carrier of comparable financial statute and reputation. SECTION 05- SUBCONTRACT RISK MANAGEMENT Subcontractor Bonds and Default Insurance Programs are considered part of the cost of the"Work". The City reserves the right to verify proof of all bonds acquired as part of the project or all insurance program requirements, specifications, and enrollments. SECTION 06- DIVISION 01 GENERAL REQUIREMENTS Division 01 General Requirements Acceptable General Requirements for rental,purchase,or biddable items: o Asbuilt Drawing reproduction and printing o Professional jobsite photographs and videos o Water,ice,cups stations for field workers o First aid,eyewash stations, and other safety requirements for field workers o Fire extinguishers o Temp power setup and temp power for construction related activities o Temp water meter setup and water(provided by City of Round Rock) 6 o Storage containers and temporary storage* o Portable Toilets rentals and services o Equipment and machinery for general site use* o Hoisting and lifting equipment and machinery for general site use o UTV's and other small equipment for general site use* o Misc.fuel,oil,grease,and for equipment,machinery,and small equipment for general site use* o Misc.small tools for general site use* o Temporary fencing and barricades o Regulatory fees including permits and associated services o Erosion control and BMP measures o Signage including project and OSHA related o Surveying and surveying supplies for layout and documentation o Onsite misc.labor o Traffic control measures o Street cleaning o Final cleaning o Trash and dumpsters o Dust control measures o Surface water pumping/dewatering o Project milestone events *As a public entity,any sustainable items purchased for project use will be the property of the City of Round Rock at the end of project.All equipment,machinery,tools,UTV's,and any other sustainable items are City of Round Rock property and will be maintained according to City of Round Rock standards. 7 EXHIBIT D.1 Performance and Payment Bond Reference 00600 Insurance and Bond Forms Reference 00610 Performance Bond Reference 00620 Payment Bond 8 EXHIBIT D.2 Certificate of Liability Insurance Reference 00650 Certificate of Insurance CMAR 9 ® DATE(MM/ Y) A CERTIFICATE OF LIABILITY INSURANCE oe/2s/2024202a 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terns 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 Denise Hill-Holligan NAME: Flood and Peterson AICNN Etl: (970)356 0123 FAX No): (970)330-1867 PO Box 578 E-MAIL Dhiliholligan@floodpeterson.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC/ Greeley CO 80632 INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: American Zurich Insurance Company 40142 Hensel Phelps Construction Co. INSURER C: American Guarantee and Liability Ins.Co. 26247 Southcentral Region INSURER D: XL Insurance America,Inc. 24554 8326 Cross Park Dr. INSURER E: National Fire&Marine Ins.Co. 20079 Austin TX 78754 INSURER F: Steadfast Insurance Co. 26387 COVERAGES CERTIFICATE NUMBER: X25 60M UMB/CPPI 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 ADDL 3UOR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 6,000,000 DAMAGE TO RENTED CLAIMS-MADE � OCCUR PREMISES Ea occurrence $ 500,000 MED EXP(Any one person) $ A GL0369726419 01/01/2024 01/01/2025 PERSONAL&ADV INJURY $ 6,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 10,000,000 19 PRO- 10,000,000 POLICY X JECT 7 LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 5,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BAP369726119 01/01/2024 01/01/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 C EXCESS LIAR CLAIMS-MADE AUC928038422 01/01/2024 01/01/2025 AGGREGATE $ 10,000,000 DED I I RETENTION$ �(A/ddt'I Limits Attached) $ WORKERS COMPENSATION /� STAPERTUTE ETH AND EMPLOYERS'LIABILITY Y/N 2,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBEREXCLUDED? � N/A WC369726520 01/01/2024 01/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Occurrence $25,000,000 Professional and Pollution F Liability EOC937461720 01/01/2024 01/01/2025 Aggregate $25,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) [Job#:HP 7024208 Job Type:] RE: Bob Bennett Phases II,III and IV,Round Rock,TX City of Round Rock is included as Additional Insured as required by written contract for liability caused by the named insured,subject to policy terms, exclusions,and conditions.The coverage is primary and non-contributory to any other valid and/or collectible insurance where required by written contract, subject to policy terms,exclusions, and conditions. Waiver of subrogation applies where required by written contract and legally permissible. This Certificate is issued as a matter of information only,confers no rights upon the certificate holder,and does not alter the insurance coverage afforded by the policies described herein. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main St AUTHORIZED REPRESENTATIVE Round Rock TX 78664 _�, Ula •I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACORO® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Flood and Peterson Hensel Phelps Construction Co. POLICY NUMBER Various CARRIER NAIC CODE Various EFFECTIVE DATE: 01/01/2024 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes 2-D)XL Insurance America, Inc. Umbrella US00095537LI24A$15,000,000 Each Occurrence/Aggregate 3-C)American Guarantee and Liability Ins.Co.AEC422694504$15,000,000 Each Occurrence/Aggregate 4-E)National Fire&Marine Ins.Co. 42-XSF-31308604 $20,000,000 Each Occurrence/Aggregate TOTAL UMBRELLA POLICY LIMITS:$60,000,000 EACH OCCURRENCE/$60,000,000 AGGREGATE ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GL0369726419 Effective Date: 1/01/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37(10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s),but only to the extent that"bodily injury", "property damage"or"personal and advertising injury"arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above;or (2) "Your work",with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the"bodily injury","property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to 'bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office(ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37(07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s),but only to the extent that'bodily injury", "property damage"or"personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW(02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. in the performance of. (a) Your ongoing operations, with respect to Paragraph 2.a. above: or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury". "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement: and (ii) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury". "property damage" or"personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf. in the performance of your ongoing operations,which is the subject of the written contract or written agreement. However. solely with respect to this Paragraph 3.. insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured: and (c) Only applies if the"bodily injury"."property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified). such person or organization is then an additional insured only to the extent that"bodily injury"or"property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured: (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW(02,19) Page 2 of 4 Includes copyrighted material of Insurance Services Office,Inc..with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement. the following additional exclusion applies: This insurance does not apply to "bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports. surveys, field orders, change orders or drawings and specifications;or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision. hiring. employment. training or monitoring of others by that insured, if the'occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement. the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that. (1) We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary,excess,contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement. the following is added to Section III — Limits Of Insurance: Additional Insured —Automatic—Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW(02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc..with its permission. 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions. provisions and exclusions of this policy remain the same. U-GL-2162-A CW(02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office,Inc..with its permission. 0 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer Addl Prem Return Prem L0369726419 I/01/2024 1/01/2025 1/0l2024 $ N/A S N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW(12/01) Page I of I Other Insurance Amendment — Primary And Non- Contributory ZURICH Policy No. Eff.Date of Pol. I Exp.Date of Pol. Eff.Date of End. Producer No. Add'1.Prem Return Prem. GLO369726419 1 01/01/2024 1 01/01/2025 33123000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:Hensel Phelps Construction Co. Address(including ZIP Code): This endorsement modifies insurance provided under the.- Commercial he:Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-B CW(04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: BAP369726119 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hensel Phelps Construction Co. Endorsement Effective Date: 1/01/2024 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NOW CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Formsrm POLICY NUMBER: BAP369726119 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hensel Phelps Construction Co. Endorsement Effective Date: 1/01/2024 SCHEDULE Name(s) Of Person(s)Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 C Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right agains! the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED,EXECUTED PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No.WC369726520 Endorsement No. Insured Hensel Phelps Construction Co. Premium$N/A Insurance Company American Zurich Insurance Co. Countersigned by Teri Valletos,Account Manager WC124 (4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance,Inc. Uniform FormsT`°