Loading...
Contract - SpawGlass Contractors, Inc. - 12/21/2023 REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGER AT RISK Y CITY OF ROUND ROCK OLD SETTLERS PARK BUILDOUT ROUND ROCK TEXAS Solicitation Number: 23-315 APPROVE® BY CI ATTORNEY December, 2023 1 CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS For CONSTRUCTION MANAGER AT RISK CITY OF ROUND ROCK OLD SETTLERS PARK BUILDOUT 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 Old Settlers Park 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 Old Settlers Park Buildout. Proposals must be submitted on or before 2:00 PM on Thursday October 26, 2023. 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:Hroundrocktexas.bonfirehub.com. A pre-proposal meeting will be held virtually at Join a Microsoft Teams Meeting by ID I Microsoft Teams Meeting ID: 211 615 710 463 Passcode: 4youaz at 10:00 AM on Thursday October 12, 2023, and is not mandatory. Proposals will be publicly opened and read aloud online at 2:00 PM on Thursday October 26, 2023 via Teams Join a Microsoft Teams Meeting by ID I Microsoft Teams Meeting ID: 228 097 999 85 Passcode: 3EUVCp 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 3 Section I Instruction to Proposers 4 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 Old Settlers Park 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 by 5:00 PM Friday, September 29, 2023 1.2. Advertisement October 1, 2023, and October 8, 2023 1.3. Pre-proposal meeting 10:00 AM Thursday, October 12, 2023 1.4. Requests for Information Due 2:00 PM Thursday, October 19, 2023 1.5. Final Addendum Posted 2:00 PM Friday, October 20, 2023 1.6. Proposal Deadline 2:00 PM Thursday, October 26, 2023 1.7. Scoring and Ranking Monday, November 6, 2023 1.8. Interviews Wednesday, November 8, 2023 2. SUBMISSION OF PROPOSALS. Proposals are required to be submitted through the City's procurement portal "Bonfire" at: https:Hroundrocktexas.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." 5 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 Form(Exhibit B) as well as all other documents and forms electronically through Bonfire. 3.1 Proposers are to submit their Proposals through "Bonfire" at hLtps://roundrocktexas.bonfirehub.com. All Proposals must be received in Bonfire by no later than 2:00 PM on Thursday October 26, 2023. 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. 6 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 hgps://roundrocktexas.bonfirehub.com.All requests will be communicated through Bonfire and Bonfire only. All requests for information must be received by 2:00 PM on Thursday October 19, 2023. 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 Form (Exhibit 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 7 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. 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. 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: 8 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 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 9 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 Schematic Design, Design Development, 50% Construction Documents, and 95% Construction Documents and or an equivalent Schematic Design, 30% Documents, 60% Documents, 90% Documents for costing and constructability review. 8.2 The successful proposer will be required to submit to the City a guaranteed maximum price acceptable to the City at a percentage completion determined per work package by the Owner,A/E, and CM with for each work package release at no less than 60% and no more than 95% completion. 10 Section II Standard Terms and Conditions SECTION II. 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 DATEITERM. 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. 12 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 13 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 251h 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. 14 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 furnished 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. 15 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. TERMINATION 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 16 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. 17 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 parry 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 18 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. 19 Section III Scope of Service 20 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,Architect(s), and 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 engineering, 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 2 Lakeview Area 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. When 60%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. H. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. 21 I. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. J. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90%Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. B.Work Package 3A Harrell Parkway,Lakeview Parking,and Apex Relocation K. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). L. Consult with the Owner and Engineer regarding site use and improvements, and the selection of materials, and equipment. M. 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. N. 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. O. 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. P. 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. Q. When 60%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. R. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. S. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. T. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90%Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statute procurement guidelines. Facilitate and attend pre-bid conferences. C. Work Package 3B Tennis Complex,Parking Relo, and Maintenance Yard U. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). V. Consult with the Owner and Engineer regarding site use and improvements, and the selection of materials, and equipment. 22 W. 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. X. 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. Y. 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. Z. Provide a preliminary evaluation of the Owner's program and Project budget requirements. AA. 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. BB. When 60% 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. CC. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. DD. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. EE.When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. D. Work Package 3C Recreation Center, Admin Offices, Track, Fields, and Rock'N River Phase 3 FF.With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). GG. Consult with the Owner and Engineer regarding site use and improvements, and the selection of materials, and equipment. HH. 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. Il. 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. JJ. 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. 23 KK. Provide a preliminary evaluation of the Owner's program and Project budget requirements. LL.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. MM. When 60% 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. NN. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. 00. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. PP.When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. QQ. Provide a preliminary evaluation of the Owner's program and Project budget requirements. RR. With the Architect,jointly schedule and attend regular meetings with the Owner and Architect. SS.Consult with the Owner and Architect regarding site use and improvements, and the selection of materials, building systems, and equipment. TT.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 economics. W. Prepare, and periodically update, a preliminary Project schedule for the Architect's review and the Owner's approval. Coordinate and integrate the schedule with the services and activities of the Owner, Architect, and Construction Manager. W. Prepare for the review of the Architect and approval of the Owner a preliminary cost estimate utilizing area, volume, or similar conceptual estimating techniques. WW. When Schematic Design Documents have been prepared, prepare for the review of the Architect 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. XX. When Design Documents have been prepared, prepare for the review of the Architect 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. 24 YY. When 50% Construction Documents have been prepared,prepare for the review of the Architect 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. ZZ.Seek to develop subcontractor interest in the Project and furnish to the Owner and Architect for their information a list of possible subcontractors. AAA. Recommend to the Owner and Architect a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. BBB. When the Drawings and Specifications have reached an agreed upon percentage completion or are no more than 95%complete,propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. E. Work Package 3D MPC Expansion CCC. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). DDD. Consult with the Owner and Engineer regarding site use and improvements, and the selection of materials, and equipment. EEE. 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. FFF. 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. GGG. 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. HHH. Provide a preliminary evaluation of the Owner's program and Project budget requirements. III. 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. JJJ.When 60%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. KKK. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. LLL. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. 25 MMM. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90%Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. NNN. Provide a preliminary evaluation of the Owner's program and Project budget requirements. 000. With the Architect,jointly schedule and attend regular meetings with the Owner and Architect. PPP. Consult with the Owner and Architect regarding site use and improvements, and the selection of materials,building systems, and equipment. QQQ. . 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 economics. RRR. Prepare, and periodically update, a preliminary Project schedule for the Architect's review and the Owner's approval. Coordinate and integrate the schedule with the services and activities of the Owner,Architect,and Construction Manager. SSS. Prepare for the review of the Architect and approval of the Owner a preliminary cost estimate utilizing area,volume, or similar conceptual estimating techniques. TTT. When Schematic Design Documents have been prepared,prepare for the review of the Architect 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. UUU. When Design Documents have been prepared,prepare for the review of the Architect 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. VVV. When 50% Construction Documents have been prepared,prepare for the review of the Architect 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. WWW. Seek to develop subcontractor interest in the Project and furnish to the Owner and Architect for their information a list of possible subcontractors. XXX. Recommend to the Owner and Architect a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. YYY. When the Drawings and Specifications have reached an agreed upon percentage completion or are no more than 95%complete,propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines. Facilitate and attend pre-bid conferences. 26 CONSTRUCTION PHASE SERVICES: A. Work Package 2 Lakeview Area Construction o Obtain contractor required permits o Mobilization and construction preparation o Required preconstruction submittals o Preconstruction meetings • 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 3A Harrell Parkway, Lakeview Parking, and Apex Relocation Construction o Obtain contractor required permits o Mobilization and construction preparation o Required preconstruction submittals o Preconstruction meetings • 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 3B Tennis Complex, Parking Relo, and Maintenance Yard o Obtain contractor required permits o Mobilization and construction preparation o Required preconstruction submittals o Preconstruction meetings • Attend meetings as necessary, provide written reports • Provide cost control and value management 27 • 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 D. Work Package 3C Recreation Center, Admin Offices, Track, Fields, and Rock'N River Phase 3 o Obtain contractor required permits o Mobilization and construction preparation o Required preconstruction submittals o Preconstruction meetings • 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 E. Work Package 31) MPC Expansion o Obtain contractor required permits o Mobilization and construction preparation o Required preconstruction submittals o Preconstruction meetings o 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 28 POST CONSTRUCTION PHASE SERVICES: A. Perform all warranty service for at least 1 year following project completion except where longer periods apply B. 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 12 Months with overlap of work packages. C. The estimated time for Construction Services is 33 Months with overlap of work packages. 29 Section IV Exhibits 30 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 31 EXHIBIT A Description of Project 32 EXHIBIT A —Description of Proiect Project Title: Old Settlers Park Buildout Location of Work: Old Settlers Park 3300 E Palm Valley Blvd,Round Rock, TX 78665 Multipurpose Complex 2001 N Kenney Fort Blvd, Round Rock, TX 78665 Project Description: Old Settlers Park Master Plan Buildout, including site infrastructure, drainage, and utilities to include: Work Package 2 Lakeview Area The City is currently under contract and designing Lakeview Area with Waeltz&Prete, Inc. to develop a larger pavilion, larger restroom(connected to sewer), stage, festival area improvements, lighting and electrical improvements,Joanne Land Playground Replacement, associated site amenities and landscaping, etc. Work Package 3A Harrell Parkway,Lakeview Parking,and Apex Relocation The City is currently under contract with Kimley Hom and Associates for the design of constructing Harrell Parkway from US 79 to Old Settlers Drive. Improvements will consist of pavement reconstruction(maintaining a two-lane section),bridge replacement at Chandlers Branch, intersection improvements, culvert improvements, approximately one-half mile of roadway realignment,two new pedestrian grade separations (overpass and underpass), and retaining walls to support embankments. Additionally, Sports Capital Crossing and an additional Kenney Fort Connection approximately 900 ft north of the Dell Diamond Parking lot will be (re)constructed.As part of this project,two natural grass flat fields will be relocated(Apex Field Relocation)as well as construction of associated parking relocation. Work Package 3B Tennis Complex,Parking Relo,and Maintenance Yard Design Firm is currently being selected for Tennis/Pickleball Complex- 12 post-tension concrete tennis courts, associated shade, seating areas, fencing,parking, site work(design for ultimate buildout of 18 courts), 5 covered pickleball courts, associated social areas,parking and site work. New PARD Maintenance Yard-25,000 SF conditioned warehouse with loading dock, 2-3 6,000 SF pole barns, tree nursery, 2,000 SF metal building(gator storage), 4,000 SF employee breakroom, fueling and chemical storage area,parking for equipment, trailers,trucks,personal vehicles, etc., fencing,multiple gates (Harrell Pkwy and Kenney Fort), and associated site work. Work Package 3C Recreation Center,Admin Offices, Track,Fields, and Rock'N River Phase 3 The City is currently seeking to contract with an engineering/landscape firm and an architectural design firm for the design of Admin Offices (26,000 SF) including lobby, admin offices, conference rooms,rec/event storage, camp room/meeting room, loading dock, and support spaces.Recreation Center(20,000 SF)to include 1 gym and fitness area, outdoor track, and field area,4 lighted synthetic fields, and associated parking and site work. 33 Work Package 3D MPC Expansion The City is currently seeking to contract with an engineering/landscape firm and an architectural design firm for the design of Multipurpose Complex Expansion- 1 natural grass championship soccer field and 5 synthetic turf soccer fields. 9,200 SF clubhouse with locker rooms, meeting rooms, admin/operations office, restrooms, storage rooms, and support spaces. Auxiliary building with restrooms, storage, and concessions. Parking, lighting, bleachers/seating, shade structures, and related sitework. Period of Performance: See Schedule Attachment. Budget: Anticipated construction budget $140,000,000.00. The City has multiple funding sources for the Project including 2023 GO Bonds approved by Round Rock voters in May of 2023, Type B Funds, and allocations from the General Self Finance Construction budget. Estimated budgets for work packages are: Work Package 2 Lakeview Area$11,000,000 Work Package 3A Harrell Parkway, Lakeview Parking, and Apex Relocation $18,000,000 Work Package 3B Tennis Complex, Parking Relo, and Maintenance Yard $9,755,000 Work Package 3C Recreation Center, Admin Offices, Track, Fields, and Rock'N River Phase3 $54,400,000 Work Package 3D MPC Expansion $40,462,000 34 1' t ° 3D na .2 I�m+r IMbM 3B 3B 1� n Exhibit A Overview ` OSP Bond Project - Construction Sequencing 1 Silver Slugger Practice Area Relocation 2 Jan 2024 - Sep 2024 3p► In-House Design Design-Bid-Build ` - Grass established prior to parking relocation project start. 2 Lakeview Area Aug 2024 -Aug 2025 (Critical Schedule) Waeltz& Prete -� 3C Design-Bid-Build Park area closed during construction. 3A Harrell Pkwy, Lakeview Parking & Apex Reloc. t Aug 2024 -Oct 2025 (Critical Schedule) Kimley-Horn J Construction Manager at Risk - GMP#1 (3 funding sources) 3A.1) Road (Whitlow to Aten) and park area closed during construction. Complete by August 2025. 3A.2) Road will need to remain open for use with potential for short scheduled closures. 4 ti 3A.3) Road closed during construction. Complete by Oct 2025. Drive connection from Harrell Pkwy to Kenney Fort Blvd needs to be complete prior to A.3 beginning. 313 Tennis, Maintenance Yard and Parking Relocation Aug 2024 -Oct 2025 3B RFQ for Design Team I0 Construction Manager at Risk -GMP#2 or 1A(1 funding source •3 ' " " - Parking relocation complete by May 2025 for Juneteenth & >® r July 4th event parking. • '� 4 '� �''«►w� M^�f- �?` 3C Rec Center Complex & Rock'N River - Ph 3 dt* Jan 2025 -May 2026 o " " i` RFQ for Design Team Construction Manager at Risk -GMP#3 (1 funding source) Rock'N River & parking needs to be complete by April 1, 2026 for summer season. 4'J490Az w ;li 3D MPC Expansion Nov 2025 -Apr 2027 •� y,� �� 'I RFQ for Design Team 4VConstruction Manager at Risk -GMP#4 (1 funding source) „y 4 a)Tennis,Apex, Maintenance Yard and Parking Relocation projects must be complete prior to starting project. �, : 1 ,T 1, 1 i T :.... ..... a...,,...__...-..:2,..."' _I I I -7 ''"=.__-.±---.-1__.r:z......: : .: __.. _ _....... _._....�....... l.. .....i._ .. _..__.._. �.._.- it - - --• i . `tom i L ,... _._ - . 1- I� i II , .I1 rir ExxisiT s Construction Manager at Risk Response Form (Qualification Questionnaire) 38 SpawGIass Providing the Absolute Best Construction Experience 7 . • . .,� -,�tio • 6"t. • .. • 4W* ---- --J=�too , -V44I ..� .�-_ .z. i ANN- OR I TABLE OF CONTENTS 1 A. PROPOSER ORGANIZATION 2 B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATIONS QUESTIONNAIRE 46 C. FINANCIAL PROPOSAL ORGANIZATION 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 ofmain 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. As the Sports Capital of Texas,getting this expansive We are committed to providing the absolute best build out of Settler's Park right is paramount.You need construction experience.Your satisfaction is important to a construction manager with the right knowledge and us—it is our client oriented approach that sets us apart. expertise to guide you through the complexities of design We ensure our client's needs and concerns drive the and construction of the many facets and functions of the construction process rather than the project itself. project.SpawGlass has constructed over 50 top-tier athletic/recreation projects worth more than$700 SpawGlass has thoroughly reviewed all attachments million.We can ensure speed to market so you can start provided as part of the solicitation,and our firm accepts planning leagues and tournaments,and local residents can the requirements and the terms and conditions of the City start bringing their families out for a day of fun and friendly of Round Rock's Request.Our team has begun strategizing competition.Once complete,families in Round Rock and the best approach to the project and is ready to get the surrounding areas will have endless opportunities to started!Weare ready to help you deliver this landmark experience sports and recreation. project for the growing community you serve. Our team is known for their best-in-class preconstruction Bonding services.They understand the importance of partnering SpawGlass has an aggregate bonding capacity in excess of during the preconstruction phase and the benefits that $1.25 billion,but does not have a set limit.We work closely partnership can bring to a project.Our team will work with our bonding company to review bonding capacity for diligently to contribute their knowledge of construction all projects. processes,current and forecasted cost and market Federal Insurance Company conditions and value-based solutions to enhance the Agent:Michael Berry design process and lay the foundation for a successful Adams Insurance Service,Inc. construction phase.They consistently complete their 427 W 20th Street,Suite 500 projects on time and within or below budget. Houston,TX 77008 We know success lies in a true team effort and open 713-869-8346 communication.Throughout the project,our team will Insurance continually coordinate with the City of Round Rock and the John Prince design teams on every detail,material selection and quality Adams Insurance Service,Inc. of installation. 427 W.20th Street,Suite 500 Houston,TX 77008 713-869-8346 A. PROPOSER ORGANIZATION I 1 B. CONSTRUCTION QUALIFICATION QUESTIONNAIRE The Proposer shall complete and return the Construction Z. ORGANIZATION Manager-At-Risk Response Form(Exhibit 8). The Proposer will address all questions completely and concisely in the text 2.1.How many years has your organization been in business of the response. in its current capacity? 70 years. 1. FIRM INFORMATION 2.2.How many years has your organization been in business 1.1 Name of Firm: under its present name? SpawGlass Contractors,Inc. 30 years. 1.2 Address of Principal Office: Under what other or former names has your organization operated? 1111 Smith Road SpawGlass Inc.;SAE SpawGlass;SpawGlass Cahaba; Austin,Texas 78721 SpawGlass Construction Corp. 1.3 Phone,Fax,and Email 2.3.Ifyour organization is a corporation,answer the following: p:512-719-5251 Date of incorporation, e:David.PadenQSpawGlass.com 1.4 Form of Business Organization(corporation,partnership, 1993 individual,joint venture,other?): State ofincorporation, Corporation Texas 1.5 Year Founded. President's name, 1953 Joel Stone-Chairman/CEO 1.6 Primary Individual to Contact: Vice-President's name(s), David Paden,President,Austin Division Laurie Ingle,Hillary Cadra,Justin Calvin,Scott Hobza B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 2 Secretary's name, 2.8.What is the dollar value of work done in the Central Texas area for the past three year period,and what percentage of Bobby Friedel your total work does this represent? Treasurer's name. In the past three years,our Austin Division has completed 35 projects totaling$422,053,626.This is approximately Bobby Friedel 30%of our total work. 2.4.Ifyour organization is a partnership,answer the 2.9.What percentage ofyour work in the last five years has following:Date oforganization,Type ofpartnership(if been renovations and construction ofpublic outdoor spaces? applicable),Name(s)ofgeneral partner(s). SpawGlass has completed 296 major projects in the Not applicable. last five years.Sixty eight percent of our work has been renovations.Of the 296 major projects,26 projects(or 2.5.Ifyour organization is individually owned,answer the nine percent of our work)included construction of outdoor following:Date of organization,Name of owner. spaces. Not applicable. 2.10.Identify any potential conflicts ofinterest with the City, its Council members and employees or with the architects 2.6.If the form ofyour organization is other than those listed and engineers selected for the Project. above,describe it and name the principals. None. SpawGlass is 100%employee-owned and operated. Our firm is owned by nearly 400 employee shareholders, ranging from administrative staff and field laborers to 3. EXPERIENCE AND PAST PERFORMANCE executive management.Our principals include Joel Stone, CEO;Michael Emmons,COO;Bobby Friedel,CFO;along 3.1.Work over the last ten years:List up to the last five with David Paden,President,Austin Division. projects constructed byyour organization like or similar to the referenced"Project';for each project,provide the name, 2.7.Does your company principally work in the Central Texas Project Manager,Superintendent,nature of the project/ area? function of the building,size(SF),location,cost,contractual completion date,actual completion date,Owner and Architect(and their phone numbers and email addresses). Yes. Project sheets demonstrating our team and firm's experience with similar projects completed in the past ten years are included on the following pages. B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 3 s 1 A TMANAGER DavidPROJECT Paden THE UNIVERSITY OF TEXAS AT AUSTIN David P SUPERINTENDENT W H I TA K E R FIELDS RENOVATION Roy Brietzke DELIVERY METHOD AUSTIN, TEXAS Construction Manager-at-Risk PROJECT SIZE SpawGlass was selected to help modernize and update 36 acres of this popular 36 acres facility.The renovation included re-grading the entire site to improve drainage; and installing six new synthetic turf playing fields,12 new natural grass fields CONSTRUCTION COST and associated field lighting.The project also included construction of a new Original:$18,322,252 1 Final: 8,000-square-foot gateway building,great lawn area,large pavilion,four sand $18,412,152(added scope by change order) volleyball courts and perimeter fencing;renovation of the control building;and COMPLETION DATE parking lot resurfacing. Contractual and Actual:03/07/2017 The facility now boasts 44 acres of outdoor recreational space,including the OWNER existing 35 lighted tennis courts,four outdoor basketball courts and five pickleball The University of Texas at Austin courts.The outdoor space also offers shade structures with seating areas,a lawn,a Pete Schaack fire pit,a covered pavilion and new perimeter fencing to create a more comfortable 512-471-6045 environment. petes@austin.utexas.edu The new gateway building provides single-entry access for the convenience of ARCHITECT identification checks and equipment checkout and storage.It includes new lockers, Dewberry restrooms and lounge areas with flat screen TVs,vending,drinking fountains and Tom Shaw(no longer with company) 972-841-6135 bottle-filling stations.The 24-hour security lighting and controls and wireless scoreboard help give the complex a modern boost. PROPOSED TEAM MEMBER INVOLVEMENT 0 49 Division Safety President Coordinator I a u David Paden Juan Marquez ` t to ® � i IZ --__-_ Senior Estimator Tom McClanahan B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 4 f PROJECT MANAGER Parker Blaschke THE UNIVERSITY OF TEXAS AT AUSTIN SUPERINTENDENT RED RIVER STREET REALIGNMENT Harrison Holley DELIVERY METHOD AUSTIN, TEXAS Construction Manager-at-Risk(CMAR) SIZE OF PROJECT Formerly skirting around the campus,the new Red River Street route now runs a 15 city blocks straight path alongside the new Moody Center Arena,between Martin Luther King Jr.Boulevard and Dean Keeton Street.The new roadway covers 15 city blocks, CONSTRUCTION COST providing direct access to the Moody Center Arena and surrounding facilities— $36,969,644 improving the flow of traffic through an intersection bustling with activity.Crucial COMPLETION DATE steps of this project included constructing storm water quality features,installing Contractual and Actual:01/06/2023 miles of utilities and creating bicycle lanes and pedestrian walks.Aesthetic elements such as upgraded lighting and landscaping were installed to add a clean and modern OWNER look to the roadway. The University of Texas at Austin Michael Uyeda The extensive realignment project was carefully coordinated with five neighboring 512-217-1757 construction projects that were also underway,including completion of the arena muyeda@austin.utexas.edu itself,which required exhibiting an extraordinary level of communication with all ARCHITECT involved parties.The team went above and beyond to build trust and ensure that the Martinez Moore Engineers University and all stakeholders were considered and accommodated,going so far as Al Hajka to complete sections months ahead of schedule to avoid construction congestion 512-330-1297 during football season in front of the stadium. AHajka@martinezmooreengineers.com PROPOSED TEAM MEMBER INVOLVEMENT "..,SpawGlass sent an exceptionally great staff ofprofessionals and more importantly, good people to work on this project.From day one, we shared common goals and strived to produce quality work and quality relationships.My team provided professionalism ? t and humility in each part of this project never forgetting that our purpose was to serve Senior Project Senior the students,faculty and staff here at UT. Quality ofpeople did not stop at the SpawGlass Manager Superintendent team, these qualities were shared with the subcontractors chosen to work for them. These Parker Blaschke Harrison Holley subcontractors `bought in"to the projectgoals which resulted in a high-quality project that was not only completed in budget, but completed early..." 49 —Aaron Noto,Project Manager II, Office of Campus Construction Quality Control Safety Coordinator Coordinator Daylon Dyess Juan Marquez B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 5 Twth" y C ' a + _ iJll Rhodes R ell R PROJECT Russell BOYS & GIRLS CLUBS OF THE AUSTIN SUPERINTENDENT AREA HOME CLUB ON THE S H ET H FAMILY Harrison Holley CAMPUS DELIVERY METHOD Construction Manager-at-Risk(CMAR) AUSTIN, 1 ERAS SIZE OF PROJECT 32,000 SF As construction manager-at-risk for the project,SpawGlass delivered multiple CONSTRUCTION COST spaces intended to engage youth of all ages throughout the greater Austin area. $10,522,689 The aesthetic of each space was thoughtfully planned and constructed to create a COMPLETION DATE unique educational and recreational environment. Contractual and Actual:03/26/2019 The new 10-acre Sheth Family Campus has ample space to provide positive OWNER and supportive after school and out-of-school programming for an additional Boys&Girls Clubs of Austin 1,000-plus local youth each year.The 32,000-square-foot facility houses play and Misti Potter(no longer with organization) activity space,a teen center,a library,a Science,Technology,Engineering and Math 214-862-3434 (STEM)learning center,art and movement studios,indoor basketball gymnasium, mistip2020@gmail.com recording studio,office space,conference and break rooms.Outdoor spaces include ARCHITECT athletic fields,basketball court,tennis court,playgrounds,courtyard and extensive STG Design landscape and hardscape. Bret Hirsch,LEED AP 512-358-3582 The area designed to be a retention pond was formerly a landfill.To relocate the bhirsch@stgdesign.com excavated landfill material as hazardous waste would have cost around$1.2 million. Working with the dirt work contractor,geotechnical engineer and TCEQ,the project PROPOSED TEAM MEMBER team obtained approval to reuse the material onsite with a cap layer over it.This INVOLVEMENT saved the owner close to$1 million. i Senior Quality Control ...I trusted SpawGlass and Harry with constructing the first Flagship Club far BGCAA Superintendent Coordinator in over SO years,and they not only delivered on their promises made during their initial Harrison Holley Daylon Dyess presentation pitch, but they also went above and beyond and built a facility that has been used as a model for Clubs throughout the country..." 49 —Misti Potter, Former CEO of Boys and Girls Club of Austin Safety Coordinator Juan Marquez B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 6 ."t PROJECT MANAGER Chris Schubnell ALLIANCE CHILDREN'S GARDEN AT SUPERINTENDENT BUTLER PARK Adam Warden DELIVERY METHOD AUSTIN, TEXAS Construction Manager-at-Risk(CMAR) SIZE OF PROJECT Alliance Children's Garden is a 2.5-acre artisan playground located between 10,724 SF Dougherty Arts Center and the Palmer Events Center in downtown Austin.The CONSTRUCTION COST renovated space provides a dynamic and immersive outdoor experience for families $5,280,891 and visitors.It celebrates Austin's culture and invites play,learning and social interaction,creating a multi-generational gathering space. COMPLETION DATE Contractual and Actual:02/28/2020 The scope of work consisted of extensive site preparation,including demolition, OWNER landscaping,and utility upgrades.Various play and art elements were installed, City of Austin from swings to imaginative climbing structures.Concrete walls and large natural Riley Triggs cut stone placements were also installed,which seamless blended the natural 512-636-3521 environment with the man-made elements.The project also included extensive tree Riley.Triggs@austintexas.gov and vegetative plantings to provide a lush and vibrant atmosphere. ARCHITECT TBG Partners SpawGlass completed this unique park project in an active and congested area with Justin Lindabury careful coordination of site logistics and the delivery schedule.For example,the 512-327-1011 project team only accepted short trucks in order to prevent any negative impact to justin.lindabury@tbg-inc.com neighboring buildings,including the fully operational Dougherty Arts Center. PROPOSED TEAM MEMBER INVOLVEMENT y 1<s. "...When the inevitable questions or hiccups in the project appeared no matter the Quality Control Safety reason,your personnel handled it with aplomb,fairness, and an earnest focus on the Coordinator Coordinator solution which served to create a strong team environment. I looked forward to weekly Dayton Dyess Juan Marquez meetings with your team, and I always left feeling confident that the concerns of the City were foremost on their minds..." —Riley Triggs, Capital Delivery Project Manager Public Works, City of Austin B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 7 "✓ AIM 1400 %Nip APROJECT ndrew ER CITY OF BRYAN LEGENDS EVENT CENTER Andrew Kerbaw SUPERINTENDENT BRYAN, TEXAS Cullen Schoener DELIVERY METHOD Over 18 months,SpawGlass worked alongside PBK Architects,Inc.in a design-build Design/Build(D/B) partnership to transform a portion of the former Travis B.Bryan Municipal Golf SIZE OF PROJECT Course into Legends Event Center,a multi-purpose sports facility located in the 122,000 SF Midtown Park area of Bryan,Texas.Since the center's grand opening,the area has rapidly become a hub for athletes,gamers and families looking to break a sweat and CONSTRUCTION COST have some fun. $38,202,378 The 122,000-square-foot facility sits on a 148-acre site and features a vast playbook COMPLETION DATE of amenities.Locals and out-of-towners looking for a place to unwind and enjoy Contractual and Actual: 11/07/2022 a bit of friendly competition have access to 16 volleyball courts,eight basketball OWNER courts,an indoor turf area,arcade with state-of-the-art virtual reality games and an City of Bryan outdoor patio area with relaxing lakeside views. Frank Clark,Jr. 979-209-5112 As the design phase teed off,SpawGlass worked with PBK to tailor the project to FClark@bryantx.gov meet the City's needs and budget.After a thorough review,the team recommended an alternate slab design,identified additional unnecessary square footage in ARCHITECT prefunction space and recommended various alternate finishes.As a result of these PBK Architects, Inc. Trey Schneider design changes,the City was able to realize more than$4 million in savings. 713-965-0608 trey.schneider@pbk.com S�paw Glass Builds... From the very beginning of the project during pre-construction, SpawGlass' l�ommunities engagement helped the City and design team navigate the process by providing accurate budgets,cost saving ideas and thorough design assessments. This project was bid during a1•" Scan the OR code a time of many unknowns in the market in the middle of a pandemic. However, under or click the link to Spau,Glass'guidance, the budget was achieved and met all City goals for the facility. Deis take a look inside professionalism and thoroughness continued once ground was broken and construction • the world class started. ?he on-site team's attention to detail d-management of the schedule ensured that facility and largest the project would be on time and within budget...." venue ofits kind in the region. —Frank Clark,Jr., Business Liaison and Special Projects, City of Bryan B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 8 3.2.Provide a complete list ofall projects currently in progress and completed within the last three years.Indicate delivery method forprojects. Projects in Progress - Austin Division Project Name Completion Date MD Anderson Cancer Center The University of Texas MD Comparative Medicine and Research CMAR Anderson Cancer Center,Bastrop $28,000,000 April 2026 Building Expansion Bastrop,TX Campus Texas State University James Street CMAR Dormitory Texas State University $109,200,000 July 2025 San Marcos,TX CMAR City of West Lake Hills New City Hall West Lake Hills,TX City of West Lake Hills $15,750,000 June 2025 Frank Erwin Center Demolition D/B Austin,TX The University of Texas at Austin $33,500,000 October 2024 City of Austin Dove Springs Public D/B Health Facility City of Austin $17,939,525 August2024 Austin,TX City of Austin Emergency Medical CMAR Services Facility Renovations City of Austin $29,600,645 March 2024 Austin,TX Texas Facilities Commission Deferred Maintenance for DSHS Multiple Building CMAR projects Texas Facilities Commission $108,556,500 January 2024 Austin,TX M.D.Anderson Bastrop Rhesus Floor The University of Texas MD CMAR and Shell Replacement Anderson Cancer Center,Bastrop $7,500,000 December 2023 Bastrop,TX Campus City of Austin Faulk Library/Austin CMAR History Center Archival Repository City of Austin $13,846,120 November 2023 Austin,TX MDA Bastrop Rhesus Clinic AHU, The University of Texas MD CSP Boilers and PPB Improvement Anderson Cancer Center $5,000,000 October 2023 Bastrop,TX • CMAR-Construction Manager-at-Risk • NEG-Negotiated • SB-Select Bid • D/B-Design-Build • CSP-Competitive Sealed Proposal B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 9 Projects Completed - Austin Division Project Completion Date Frost Northwest Hills Financial Center CMAR Renovation Frost Bank Confidential September 2023 Austin,TX The University of Texas at Austin Hogg CMAR Memorial Auditorium Renovation The University of Texas at Austin $21,901,494 August 2023 Austin,TX Southwestern University Residential NEG Dining Renovation Southwestern University $2,505,325 August 2023 Georgetown,TX CMAR St.David's Episcopal Church St.David's Episcopal Church $5,497,983 August 2023 Austin,TX Wolf Lakes Village H-E-B CMAR H-E-B Confidential May 2023 Georgetown,TX Frost Tower Lobby Renovation CMAR Frost Bank Confidential March 2023 Austin,TX Texas State University Nueces CSP Renovation Texas State University $4,529,587 March 2023 San Marcos,TX The University of Texas at Austin Red CMAR River Street Realignment The University of Texas at Austin $36,969,644 January 2023 Austin,TX H-E-B A6-MOPAC CSP H-E-B Confidential December 2022 Austin,TX Wooded Acres H-E-B Expansion and CSP Remodel H-E-B Confidential November 2022 Waco,TX Austin Convention Center Marshalling D/B Yard and Warehouse City of Austin $36,746,048 August 2022 Austin,TX Austin South Terminal Airline Support N/A Facilities LONESTAR Airport Holdings LLC $1,073,939 July 2022 Austin,TX H-E-B Leander 2 CMAR H-E-B Confidential November 2021 Leander,TX Aspen Heights Riverside Parking N/A Garage Aspen Heights $13,287,079 September 2021 Austin,TX The University of Texas at Austin Maintenance Restroom Renovation CSP The University of Texas at Austin $3,505,624 August 2021 Kinsolving Dormitory Austin,TX Capitol West-1204 San Antonio Street CMAR Texas Association of Counties $21,217,182 July 2021 Austin,TX B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 10 Projects Completed - Austin Division (continued) Project Completion Date City of Austin Greater Austin Area Telecommunications Network(GAATN) CSP City of Austin $1,565,342 July 2021 Operations Control Center Austin,TX The University of Texas at Austin Sarah CMAR M.&Charles E.Seay Building Addition The University of Texas at Austin $15,532,460 July 2021 Austin,TX Palm Park Utilities Relocation NEG Waterloo Greenway Conservancy $1,692,748 July 2021 Austin,TX The University of Texas at Austin North Wing Renovation of the Anna Hiss CMAR The University of Texas at Austin $10,058,177 June 2021 Gymnasium Austin,TX The University of Texas at Austin CMAR Renovate Courtyard Townes Hall The University of Texas at Austin $4,058,731 May 2021 Austin,TX Samsung Austin Semiconductor SB Hardware Innovation Center Samsung $1,052,236 March 2021 Austin,TX The University of Texas at Austin CMAR Sanchez-2nd and 5th Floor Renovation The University of Texas at Austin $12,972,405 March 2021 Austin,TX Direct Orthopedic Care Round Rock NEG Renovation and Addition Direct Orthopedic Care $750,000 January 2021 Round Rock,TX Building B Renovation CMAR Texas Department of Public Safety $6,920,038 December 2020 Austin,TX Austin Community College Highland CMAR South Parking Garage Austin Community College $52,858,073 November 2020 Austin,TX The University of Texas at Austin Dell CMAR Medical School H-E-B Pharmacy Suite H-E-B Confidential October 2020 Austin,TX CMAR-Construction Manager-at-Risk • NEG-Negotiated • SB-Select Bid • DIB-Design-Build • CSP-Competitive Sealed Proposal B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 111 3.3.List the categories of work that your organization 3.4.List any subcontractors in which your organization normally performs with its own forces. has some ownership and list the categories of work those subcontractors normally perform. SpawGlass typically self performs 10 to 15-percent of the work.In addition to general conditions,we have the ability Not applicable. to perform the following scopes with our own forces: 3.5.Claims and suits(If the answer to any of the questions Structural excavation/earthwork below is yes,please attach details). Site layout(horizontal and vertical control) 3.5.1.Has your organization ever failed to complete any work Site utilities awarded?Ifyes,please explain. Site concrete(sidewalks,curbs,paving) Concrete placement and finish No. Formwork Miscellaneous metals 3.5.2.Are there anyjudgements,claims,arbitration Rough/Finish carpentry proceedings or suits,pending or outstanding against your Millwork organization or its officers? Door and hardware installation Demolition No. Cold form steel stud framing 3.5.3.Has your organization filed orbeen involved in any Finishes lawsuits or requested arbitration regarding construction Would you propose to do any work with your own forces or to contracts within the last five years? bid all work to subcontractors? No. SpawGlass will self-perform work if it offers the best 3.6. Within the last five years,has any officer orprincipal of project value,subject to City approval.To preserve your organization ever been an officer or principal of another competitive bidding,self-performed work proposals will organization when it failed to complete a construction be submitted to the City 24 hours before subcontractor contract?(If the answeris yes,please attach details) proposals.They will be evaluated alongside subcontractor proposals. No. 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. ADDING VALUE WITH SELF-PERFORM Notable projects are featured on the following pages. trades.SpawGlass delivers even greater value through our commitment and ability to self-perform critical executing fundamental scopes. offer greater control and set the tone and pace for each project. projectSelf-perform work offers many benefits to the improvement,such as schedule enhancements,budget superior . B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 12 SpawGlass Builds...Sports Facilities THE UNIVERSITY OF TEXAS AT AUSTIN EDGAR 0. AND MELANIE A. WELLER TEXAS TENNIS CENTER TENNIS CENTER AUSTIN, TEXAS AUSTIN, TEXAS A two-level foyer with graphics illustrating the history of Texas Tennis greets student-athletes and spectators at the new tennis center.The facility includes 12 outdoor tennis courts with ESPN-level LED sports lighting;men's and women's locker rooms;the Sheffield Family Players Lounge with a nearby study room;an athletic training room complete with a hydrotherapy plunge pool;and a large weight and fitness room.The grandstand can accommodate up to 1,200 spectators and includes t�.,• restrooms,a concession area and a press box.The project also features LED sports lighting,shade canopies and a 5,000-square-foot building expansion. The project included a$2.5 million dry duct bank package involving installation of five electrical manholes and switch gear housing with 32 conduits.The project required Located at The University of Texas Golf Club in the close coordination and careful planning with multiple Steiner Ranch community,the Edgar O.and Melanie A. stakeholders.As an example,the project team coordinated Weller Tennis Center provides practice and competition the location of the switch gear with the baseball stadium space for Golf Club members as well as The University of to ensure appropriate spacing remained for the Longhorn Texas at Austin's men's and women's tennis programs.A Network TV tower.During construction,summer camps pre-engineered metal building houses six indoor tennis were being held at the baseball stadium.SpawGlass courts,and an attached load bearing metal stud building ensured safety and security by providing signage, contains a pro shop,lounge and locker rooms. wayfinding and fencing. The outdoor area features four additional tennis courts PROJECT MANAGER CONTACT and a swimming pool.Sitework for the facility included a Jeff Eubank Michael Uyeda new parking lot,lighting,grading,new storm sewer with SUPERINTENDENT 512-475-6596 area drains,new site utilities,entry drive,and fire access Gilbert Martinez muyeda@austin.utexas.edu road.Members of the golf club have easy access to quality court time along with member privileges such as fitness, swimming,dining and social events. To ensure the University's budget was met,the project team recommended a reconfiguration of the building and revision to the grading plan that would minimize cut and fill operations.As a result,this helped to balance the site. PROJECT MANAGER CONTACT John Anglada Michael Uyeda 512-475-6596 SUPERINTENDENT �rv1 r Josh Wise muyeda@austin.utexas.edu B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 13 SpawGlass Builds...Parks and Recreation THE UNIVERSITY OF TEXAS AT AUSTIN CAVEN LACROSSE AND SPORTS CENTER AT CLARK FIELD AUSTIN, TEXAS a Nestled among the trees lining Waller Creek,the Caven J Lacrosse and Sports Center is an expansive green space dedicated to student use.SpawGlass replaced the existing natural grass with an artificial turf system,re-contoured the field area to improve the grading and maximize the ,,,.,,,,,,,.,..,,,. playing surface for lacrosse,flag football and ultimate disc. The existing track and exercise stations were refurbished, sports lighting was replaced,and bleacher seating was SOadded,along with support facilities.Further enhancements �K,ad!MOB i included installation of a new pedestrian bridge across Waller Creek,protective sports netting,scoreboards and a new public address system. PROJECT MANAGER CONTACT Bryan Lofton Pete Schaack SUPERINTENDENT 512-471-6045 Chris Schubnell petes@austin.utexas.edu �f CITY OF MCKINNEY INDOOR TENNIS CENTER AT GABE NESBITT PARK MCKINNEY, TEXAS The City of McKinney's Gabe Nesbitt Park is a multi- faceted public park that contains a variety of recreational resources.SpawGlass built a highly anticipated indoor addition to the tennis center that will provide for �„ a all-weather events,tournaments,instruction and recreational use.The 56,000-square-foot facility was F created to meet the City's growing demand,giving residents and visitors expanded resources in a first-class athletic complex.The new two-level structure consists of six tennis courts adjoining a commons area with lobby, lounge areas,a viewing mezzanine,exercise rooms, restrooms,shower facilities and administrative offices.The addition of these amenities has transformed the tennis center into a multi-use,competition-level facility. PROJECT MANAGER CONTACT Zeb Young Jill Yount SUPERINTENDENT 972-547-7500 Abraham Ortega jyount@mckinneytexas.org B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 14 SpawGlass Builds... Unique Water Play Features THE UNIVERSITY OF TEXAS AT AUSTIN SIX FLAGS FIESTA TEXAS LUCI AND IAN FAMILY GARDEN VARIOUS ATTRACTIONS AUSTIN, TEXAS SAN ANTONIO, TEXAS Located within the Lady Bird Johnson Wildflower Center, SpawGlass has completed multiple major projects for Six the Luci and Ian Family Garden is the new highlight of Flags Fiesta Texas,each contributing to the park's ongoing the Center's educational programming for children and transformation and commitment to enhancing the visitor families.Garden features include the Watering Hole,an experience.Projects included Road Runner Express, interactive earth sieve;Metamorphosis Maze,a maze Superman:Krypton Coaster,Scooby-Doo Ghostblaster, formed by native plants;Fibonacci Spiral with colorful Lazy River,Whirlpool,Big Bender,Hill Country Racer, ceramic tile artwork;Dry Creek Overlook,a canopy and Splashwater Springs.Additional attractions include walkway providing a bird's-eye view of the forest;Dinosaur Boomerang,Scream,Poltergeist,Chaos,Crazy Bus, Creek,a man-made creek with dinosaur"footprints"cast Frisbee,Motor Rama,Gully Washer,and a range of kiddie from dinosaur fossils found in the Central Texas area;the rides and water park.Our most recent major project for Stumpery,an interactive climbing and exploring area with Fiesta Texas was Batman:The Ride,a 4D free-fly coaster. large tree trunks and inverted cedar tree stumps;and T giant birds'nests made from grapevines.Structures built on the site include an open-air wooden pavilion;a stone grotto complete with caves and a waterfall;and a restroom r- building with native limestone exterior.Wind chimes, , mosaic tile walls,drawings based on local pictographs and wildlife sculptures are amongst art objects incorporated. The project is part of the Sustainable Sites Initiative :- (SITES)program developed by The University of Texas at Austin Lady Bird Johnson Wildflower Center in partnership with the U.S.Botanic Garden and the American Society of Landscape Architects. OA*"Ik The project was awarded 2014 Excellence in * Construction from the Associated Builders and Contractors organization. With the completion of these projects,Six Flags continues to maintain their reputation for excitement and innovation. SpawGlass performs general contracting services and maintenance on an as-needed basis. ' �• Y, PROJECT MANAGER CONTACT �<f�,�� i 'f �: �>• .. Mike Raley Ron Kohl (retired) SUPERINTENDENT Robert Moeller PROJECT MANAGER CONTACT Chris Schubnell Richard Rhodes SUPERINTENDENT 512-223-7000 Joey Clepper rrhodes@austincc.edu B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 15 SpawGlass Builds... The City of Round Rock AUSTIN COMMUNITY COLLEGE ROUND ROCK CAMPUS PHASES 1 AND 2 ROUND ROCK, TEXAS SpawGlass served as construction manager-at-risk to assist Austin Community College District(ACC)in creating its new Round Rock campus. The Round Rock Campus Phase 1 project included the development of an existing 60-acre agricultural site and construction of the campus's first five buildings,totaling 276,000 square feet. 11101 1►n- T Also included in the scope of this project were associated w o utility distribution systems,roadways,parking areas, walkways,landscaping and building mechanical,electrical and plumbing(MEP)systems.The use of Building Information Modeling(BIM)technology assisted the coordination of underground site utilities. Phase 2 included new construction of the 45,000-square- foot Building 8000 and its associated utilities,a 300-space parking lot,a chiller and cooling tower addition to the central utility plant and renovations to reprogram spaces in every building on campus.Through early-release bid packages and lean-driven coordination across an active campus,Building 8000 was completed on time for ACC's summer sessions. Phase 1 of the project was awarded 2010 Excellence in Construction from the Associated Builders and Contractors organization's Central Texas Chapter. PROJECT MANAGER CONTACT Weston Voss Jamie Hand SUPERINTENDENT 512-223-1120 " Mark Worrell jhand@austincc.edu M fr B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTA�I SpawGlass Builds...Nature Areas CONFLUENCE PARK ROBERT L.B. TOBIN LAND BRIDGE AT SAN ANTONIO, TEXAS PHIL HARDBERGER PARK Confluence Park is a microcosm of five Texas ecosystems SAN ANTONIO, TEXAS and the aquifers that give them life.The park's main pavilion is comprised of 29-foot-tall concrete petals, resembling giant whale tails,visible from the Mission Reach Hike and Bike Trails,a few hundred feet from where the San Antonio River meets the San Pedro Creek. r '`� '4"* Arrays of giant concrete petals channel rainwater into a retention pond adjacent to the main pavilion.The r ' harvested water then filters into a 100,000-gallon underground catchment system that feeds the irrigation for the entire park.Every drop of water that falls on the t ' 3-acre site is captured,either through the petals,pervious .,• pavers,gravel or topsoil.SpawGlass transformed the •; R� �_#„�"'/� aj topography of the flat site into gentle curves and slopes t r 2 brimming with native plant life.Although the foliage appears natural and cohesive,every tree,plant and blade of grass in Confluence Park had to be imported to the The Robert L.B.Tobin Land Bridge is the largest of its formerly asphalt-paved site.Several trees with multiple kind in the United States—stretching 165 feet wide by trunks and 36,000-pound rootballs were rescued from 160 feet long over a busy parkway.A key factor leading another site and transported over 210 miles. to the bridge's construction was reducing motorist and wildlife collisions in the Wurzbach Parkway area of San OThe project was awarded 2018 Excellence in Antonio while serving as a connector for Hardberger * Construction from the Associated Builders and Park's east and west sides.The bridge is comprised of Contractors organization. steel girders supporting a cast in place concrete deck covered with a waterproofing membrane,general fill soil PROJECT MANAGER CONTACT material,landscaping and trails for park users. The project Wayne Ambrose Stuart Allen features a walking trail where nature lovers may stop to SUPERINTENDENT 210-224-2694 admire all manner of four-legged and winged critters while Jorge Estello stuart@stuartallen.info suspended above the San Antonio roadway. A considerable challenge faced throughout the °# s construction process was ensuring minimal slowdowns for �.w commuters traveling Wurzbach Parkway.The project team had to do weekend closures when setting the massive steel girders.The project team also did a lot of nightly closures when forming the deck. \ l * The project was awarded 2021 Excellence in O Construction from the Associated Builders ® Ail l� and Contractors organization. PROJECT MANAGER CONTACT Grady Carlson Razi Hosseini SUPERINTENDENT 210-207-8020 Stephen Raley Razi.Hosseini@sanantonio.gov B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 17 4. FINANCIAL INFORMATION 4.2.Name and address of firm preparing attached financial statement and date thereof. 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 RSM US LLP statement showing the following items: 19026 Ridgewood Parkway,Suite 400 Current assets(e.g.,cash,joint venture accounts,accounts San Antonio,Texas 78259 receivable,notes receivable,accrued income,deposits, 210-828-6281 materials inventory,and prepaid expenses).Noncurrent assets(e.g.,net fixed assets,otherassets).Current liabilities 4.3•Is the attached financial statement for the identical (e.g.,accounts payable,notes payable,accrued expenses, organization named under item I above?If not,explain provision for income taxes,advances,accrued salaries and the relationship and financial responsibility of the accrued payroll taxes).Noncurrent liabilities(e.g.,notes organization whose financial statement is provided(e.g., payable).Capital accounts and retained earnings(e.g., parent-subsidiary). capital,capital stock,authorized and outstanding shares par value,earned surplus,and retained earnings). No,the financial statement is for SpawGlass Holding, *A copy of financial statement maybe included with proposal, L.P.SpawGlass Construction Corp.is a wholly-owned marked, "CONFIDENTIAL,"and submitted in the City's subsidiary of SpawGlass Holding,L.P. procurement portal"Bonfire"at https://roundrocktexas. bonfirehub.com. 4.4. Will the organization whose financial statement is attached act as guarantor of the contract for construction? We have submitted our confidential financial statements separately through Bonfire. Yes. 4.5.Provide name,address,and phone number ofyour financial institution. Frost Bank Lucas O'Brien Assistant Vice President 111 West Houston Street San Antonio,TX 78205 210-220-5125 4.6.Surety:Provide(Insert)bond letter from surety with name of bonding company and name and address of w agent.Performance and Payment Bonds for 100%of the --a construction cost will be required upon submission of the Guaranteed Maximum Price(GMP). rr Our bonding letter is included on the next page. 4.7.Provide a financial rating ofyour 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. A report snapshot of our current Dun&Bradstreet analysis is included following our bonding letter on the next page. B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 18 D N INSURANCE*SERVICE October 19, 2023 Richard Will, Building Construction Manager General Services Department Round Rock City Hall 221 E. Main Street Round Rock, TX 78664 Re: SpawGlass Contractors, Inc. Project: Old Settlers Park Buildout Austin, Texas Solicitation No. 23-315 To Mr. Will, The Federal Insurance Company, a corporation of the State of Indiana, with its principal offices in Whitehouse Station, New Jersey, and the Liberty Mutual Insurance Company, a corporation of the State of Massachusetts, with its principal offices in Boston, Massachusetts, currently provide co-surety credit for the SpawGlass Companies. The Federal Insurance Company is a member of the CHUBB Group of Insurance Companies and is currently rated by A. M. Best Company at A++ XV. The Liberty Mutual Insurance Company is a member of the Liberty Mutual Insurance Companies Group and is currently rated by A.M. Best Company at A XV. Both companies are listed in the current U.S. Treasury Federal Register of Approved Surety Companies, Circular 570, and are licensed to do business in the State of Texas. The SpawGlass Companies have the surety credit available to provide bonding on individual construction contracts in the $500 million range, with an aggregate program amount in the $1.25 billion range. SpawGlass Contractors, Inc. has the surety credit available to provide the required 100% Performance and Payment bonds for each stage/phase of the Old Settlers Park Buildout project, estimated in the $140,000,000.00 range.. This letter is not an assumption of liability and is issued as a prequalification reference request from our client. The SpawGlass Companies are held in the highest regard. Our long time and extensive knowledge of their management ability, financial strength, and construction expertise allows us to provide our strongest recommendation. We welcome all inquiries. Sincer yours, Ad s ns ce Service, Inc. J n A. ce, CRM, CIC xecutive Vice President Attorney-in-Fact for Federal Insurance Company; Liberty Mutual Insurance Company B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 19 dun&; bradstreet Business Information Report Snapshot SPAW GLASS CONTRACTORS, INC. D-U-N-S: 84-705-2479 ADDRESS: 9331 Corporate Dr,Schertz,TX,78154,United States Date: 02/01/2023 RISK ASSESSMENT SCORES AND RATINGS Max.Credit PAYDEX®SCORE Delinquency Predictor Financial Stress Supplier Evaluation Recommendation Percentile Percentile Risk Rating 72 81 US$ 950,000 LOW RISK LOW-MODERATE RISK MODERATE RISK MODERATE RISK MAXIMUM CREDIT RECOMMENDATION Overall Business Risk Maximum Credit Recommendation $ 950,000 The recommended limit is based on a low- moderate probability of severe delinquency. Dun&Bradstreet Thinks... Overall assessment of this organization over the next 12 months: STABILITY CONCERNS Based on the predicted risk of business discontinuation:AVERAGE RISK OF DISCONTINUED OPERATIONS OR BUSINESS INACTIVITY Based on the predicted risk of severely delinquent payments: LOW POTENTIAL FOR SEVERELY DELINQUENT PAYMENTS PAYDEX®SUMMARY 3 Months 24 Months 1 ow Risk(100) High Risk(1) 1 ow Rlsk(100) f Ugh Risk(1) When weighted by dollar amount,payments to suppliers When weighted by dollar amount,payments to suppliers average 12 days beyond terms.Value is based on average 12 days beyond terms.Value is based on payments collected over the last 3 months. payments collected over the last 24 months. PAYDEX® Based on 24 months or data B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 20 5. CONSTRUCTION MANAGER-AT-RISK 5.2.Describe your organization's methods for estimating costs,and for scheduling during the design phase. What 5.1.Describe your organization's concepts for working in a value does your organization add that other organizations team relationship with the Owner and Architect during the may not be able to provide? design and construction of major projects. Estimating Costs Using our Project Progression Plan(PPP),we are able to As this project requires 15 estimates,we have designated efficiently manage the design while bringing in the end a robust preconstruction team to the project,including users and facilities maintenance and operations personnel Project Executive/Preconstruction Services Manager Tyler at the beginning of the project—the people who service Wenzel,Senior Estimator Tom McClanahan and Senior the area and facilities after construction is complete—and Estimator Tyler Tuscher.They will work together with our include their valuable input in the design process. project team and in-house preconstruction support staff to ensure we are getting timely budgets. At the beginning of the project,SpawGlass will work with key stakeholders to develop a document of intent,stating We develop detailed estimates in real time,utilizing the the City's vision and project objectives.This ensures the design documents and a combination of our experience intent of the design is reflected in the documents and with similar projects,historic cost data and current local finished build-out.We encourage representatives from market conditions.Changes in scope or anticipated costs the various user groups(Transportation Department, will be readily identified and shared with the entire team Sports Management and Tourism Department,Parks before each milestone package is complete.This allows for and Recreation Department,and General Services tracking of design options per scope and facilitates easy, Department)to attend our kick-off meeting. informed decision-making in real time.We utilize CostOS, a cutting-edge software application that interfaces We also encourage the entire design team,including with our in-house cost database and quickly loads line subconsultants,to attend as this provides them with items into an estimate,giving us the ability to provide invaluable information on the project,including project continuous,updated estimates as needed. goals and feedback from user groups.More importantly,it allows us to establish a true team partnership at the start. Providingti ) t information is key in building Schematic Design(S mey coson y g CS Initial Cost Estimate in CSI Format trust amongst the team.Throughout the design phase, Based on minimal known project data Uses historical data,cost database and we will meet weekly to review and discuss progress and ° input from key subs consider options as appropriate for cost control.Any recommendations that affect the design will be presented. Systems,options and costs will be analyzed.We will make every effort to present alternatives that meet budget and Design Development(DD) Detailed Estimate with Units and program requirements without diminishing design intent. Quantities Early Bid Packages Adjustments to Maintain Budget KEY ACTIONS TO ACHIEVE STRATEGIES Construction Documents(CD) Bid Packages Subcontractor Solicitation Collaboratively develop • •value analysis • Constructability and Value Engineering detailed design schedule work sessions with all as Needed to Maintain Budget commitmentswith team r • es Reach agreement on deliverables each _ issues GMP Estimate design • - • -• • �O (� Includes Breakdown of Estimated �// Costs Organized by Categories problems,not • May Occur Earlier in the •• • • Preconstruction Phase em • '• to verify •track scope B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 21 Scheduling During Design Phase 5.5.Contingencies:Describe your organization's concept Senior Superintendent Harrison Holley will conduct an for estimating cost contingencies during design and during initial scheduling session early in the preconstruction construction. phase with the design team and City.During this session, we will seek input from the entire team to incorporate all Typically,our design progression contingency begins design and preconstruction activities into the schedule at 10%at Schematic Design(SD)and reduces to two and establish early deliverables.Preconstruction percent at Guaranteed Maximum Price(GMP),allowing activities,including design,approval and issuance of some monies to be used for final document changes or documents,will be scheduled with the same level of detail to address comments received from Authorities Having as construction activities,due to the tight coordination Jurisdiction(AHJ).Additionally,we typically carry a 3.5% and interdependence of construction activities with the Contractor's Contingency into the GMP. timely completion of design activities.We will determine the precise phasing of the design documents and establish Reallocation of funds from contingency to increase direct milestone dates for design deliverables that will ensure costs of the work will be submitted to the owner and construction begins on time. logged for approval.The submittal will provide back-up documentation of scope affected and basis for increase The schedule is a living document—constantly changing. in costs.We will keep an ongoing log of contingency We have the knowledge and expertise to adapt and refine expenditures.At the completion of the construction phase the schedule in response to evolving circumstances and/ services,any savings from the contingency will be returned or new information.The project schedule will be updated to the City at a time agreed by the project team. regularly during design to track progress of the work as the design is completed.We will promptly share new 5.6.Cost Information:Your firm would be required to make all cost information during design and construction available to information with the team and focus their attention on the Owner and Architect.Describe how this information would most critical tasks. be furnished and how the Owner and Architect would be 5.3.It is anticipated that the GMP will be furnished prior to assured that it is complete and accurate. completion of construction documents.Is this acceptable to you? We provide the following reports during construction to keep the owner informed of all costs: Yes.SpawGlass'standard operating procedure is to issue Buyout–After GMP and when buyout begins,we will a Guaranteend Maximum Price(GMP)prior to 100% submit a subcontractor evaluation matrix to the City for Construction Documents(CDs).We work with the team approval in selecting the best value subcontractor for each to understand where the design is at time of GMP and scope of work.It will show the various quotes received, thoughtfully include allowances and the appropriate GMP budget,and any savings/losses for the scope of contingencies to ensure total coverage. work.We keep a running log of comprehensive buyout 5.4.Describe your organization's approach to Savings:All savings,so the owner can see where the overall project is Savings are to be returned to the City(Owner of project). trending in relation to buyout savings.Typically,we return Does your organization agree with this concept?How will you a majority of the buyout savings once the project has work to assure savings are provided back to the Owner? achieved 90%buyout. Any savings,including buyout savings,allowances, Pay Applications–All monthly pay applications will include contingencies,general conditions or general all invoices to be paid by SpawGlass.This includes invoices reimbursables(GCs/GRs),taxes,etc.will be refunded to for water or trailer rental,to subcontractor pay apps. the owner through a formal change order process.This Change Orders–As changes occur,we keep an ongoing process initiates right at the onset of construction.We log to track costs and change status.We present this maintain detailed logs to track the direction of buyout log weekly at Owner,Architect and Contractor(OAC) trends,changes in contingency usage,along with other meetings,so everyone is aware of ongoing cost impacts. related information.We will collaborate closely with the City to ensure any savings are returned promptly. B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 22 S.7.Describe your organization's construction processes Our project team has already begun strategizing the best and procedures formanaging and constructing including project approach and recently visited the site with drone but not limited to safety,quality control,subcontractor technology to get an aerial view of the existing conditions. management,scheduling,and closeout. With the expansiveness of Settler's Park,overhead drone shots are crucial to help explain site logistics and phasing Management Philosophy plans. The construction manager-at-risk delivery method greatly increases the opportunity for a successful project by During construction,drone shots provide a detailed promoting close collaboration among the City,SpawGlass, view of the ongoing work,which will enhance the local and the design teams from the earliest stages of design. community's understanding of the development process. This proactive approach ensures that the project is set These images can be shared to illustrate shifts in traffic up for success before construction commences,resulting patterns,ensuring that nearby residents/businesses are in more predictable outcomes.Furthermore-When we well-informed—reducing any unexpected disruptions. come around a table together sharing decisions as a Furthermore,sharing these visuals can be helpful in team,creative solutions are born that result in increased communicating overall progress to the public and cost savings and streamlined schedules. stakeholders.Whether through social media,websites Our management philosophy can be summarized in five or in presentations,it is a great way to build trust and words:teamwork,collaboration,trust,communication and anticipation for the project. transparency. 0 Teamwork-It's all about the team!SpawGlass will conduct regular team meetings and set clear project goals that define what a successful project looks like to the City and stakeholders , as Collaboration-We will listen and understand everyone's viewpoint and utilize our strong reputation in the local subcontracting y s community to get better value pricing and proven performers on the team Trust-Our team will build trust by being Otransparent in all transactions,updating the City on delivery dates for critical items and providing updated estimates at each stage of 6.:..a---�•"" drawings and specifications "` ' Communication-Early and often!We will discuss the project phasing with the City and the stake holders to maximize performance while minimizing disruption.Great phasing plans save time,money and headaches for our clients Transparency-One of our core values is transparency.We will be good stewards of your budget and schedule and fully transparent in all •i business dealings. B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 23 Safety Weekly Toolbox Safety Meetings PFETY G Safety is our first priority. Mandatory for all personnel on site,each meeting is 0 Safety is a core value within pertinent to the particular work in progress and any p < SpawGlass'corporate potential hazards or hazardous materials that could arise R culture.At all levels of the or be encountered in the course of operations.In addition, company,SpawGlass we hold companywide safety meetings each quarter and maintains and practices a ""stand up"meetings each year to present and discuss ?'p p P{ "Zero Today"philosophy. safety-related issues,new developments and trainings. t00 We approach every day with the mindset to proactively OSHA-Level Inspections eliminate all incidents.For our team members,safety As an additional resource,Engineering Safety Consultants is at the forefront of everything we do. Project safety (ESC)serves as our third-party safety consultant.ESC is supported from the highest level within SpawGlass. performs bi-monthly reviews of each of our project sites, Our CEO and division presidents participate in the provides safety training and assists in root-cause analyses. SpawGlass Safety Council,which evaluates each project's Stop Work Authority performance and adjusts corporate and project safety ®STOP WORK AUTHORITY Our Stop Work Authority policies,programs and incentives as appropriate.Below is °°h--AUTHORITY �r 1,.. ­rI "ORUGATIOHmm°perry SmPWolk Aothorltywd.11 program authorizes any a brief overview of our safety resources. °°'"°°"° 6n," "° """'"°" "° °1°uesrrm.regeNm9 dK.W wufor°nY xhee w���muare in yooa team member to stop wna °i Pers"nN"roi aemsue rano Haase ronracr me a°come ro° roprWIty Ortheemimnnienl. reed my assnarrce in chs reparJ a work activity when Procore Construction Management Software Th.-11 prepertve Jo«St n Ch,." CEo °° °m" °w° �''�� D0651WO there is a safety concern. SpawGlass uses Procore to manage daily logs,inspections Sr V4S�GW,, and incidents all in one place.With data all in one place, All SpawGlass team we can mitigate risks and track opportunities for members,regardless of improvement. department orjob title,have the authority and obligation to stop any unsafe work activity,without fear of retaliation. Mandatory OSHA Certification This commitment,made by SpawGlass CEO Joel Stone, All SpawGlass management-level team members working is reinforced by Stop Work Authority cards presented on the project are required to maintain OSHA 30-Hour to all team members at hire.Team members who use certifications.All SpawGlass craft professionals are this authority are recognized and rewarded for their required to maintain OSHA 10-Hour certifications. contribution through our Good Catch/Near Miss Program. Safety Orientations Good Catch/Near Miss Program New-hire and site-specific safety orientations are required SpawGlass utilizes this incentive � prior to beginning any work on the site. program to encourage employees 1 - and subcontractor employees to Fl Site-Specific Safety Plan actively identify,intervene and report Our onsite safety coordinator will develop a site-specific I comprehensive risk assessment of the site in conjunction potentially hazardous activities on � theirjobsites.By having all workers with the project team focusing in project activities and onsite looking to mitigate any unsafe I ► potential exposures so that special attention and planning will be developed for the project. conditions and recognizing these activities at our quarterly safety Daily Jobsite Safety Analysis(JSA) meetings,we improve our safety performance,further Required daily,JSAs are utilized by both SpawGlass develop our safety culture and enable a higher level of employees and all subcontractors on a project.They safety leadership from all workers onsite. identify and analyze risk for the scheduled daily activities, Sub-Zero IMPACT Program listing established measures that will be taken to eliminate To eliminate subcontractor incidents,SpawGlass or mitigate a specific hazard. established this safety performance standard for the Stretch and Flex selection and evaluation of subcontractors.The"IMPACT" SpawGlass craft workers complete stretch and flex program elements include:contract preparation(Identify), exercises for 10 to 15 minutes a day prior to beginning subcontractor selection(Measure),subcontract award work.These exercises can help minimize potential (Promote),orientation and training(Advance),managing soreness or discomfort and prevent injuries from the work(Control)and post evaluation(Tag). construction-related work. B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 24 Quality Control SpawGlass uses Procore software to track and document As part of our commitment to provide the absolute best all quality control elements of the construction process. construction experience,SpawGlass will implement our This provides a centralized location for all team members Zero-Defect Process(ZDP),our multifaceted quality to access inspections,verifications,or daily entries at any control program,to ensure delivery of high-quality time. workmanship throughout the buildout of Settlers Park. This process focuses on planning and preparation.By In addition to the three phases of our ZDP,we also conduct taking a proactive approach to quality control,we are able material verifications on every piece of material that to identify potential issues and take corrective action early comes onsite. When a material is delivered to the site and in the construction process. prior to being unloaded,SpawGlass verifies the material For each significant construction activity and measurable being delivered is correct by checking it against the feature of work,the ZDP will be applied in three phases: approved submittal. If the material matches the approved submittal and is in good condition,the material is then unloaded.However,if the material does not match the • 1 ' INITIAL approved submittal or is in bad condition,the delivery is sent away never having left the truck.Identifying incorrect c � materials prior to installation results in time and cost savings. Subcontractor Management Review Contract Inspect Sample verify Conformance As a contractor in Austin for over 40 years,we know the Documents of Work capabilities of the subcontractor market.We do not hire based on price;we hire based on expertise and manpower. Preparatory Phase—Prior to beginning work,our project Subcontractors want to be part of our projects because we team will review contract specifications and drawings, treat them fairly,pay them promptly,genuinely appreciate manufacturers'installation instructions and required them and staff our projects with qualified and accredited inspections,and arrangements for required tests and professionals. inspections.We also will review each subcontractor's sitespecific quality management plan.At this stage, Our approach to managing subcontractors is all about our goal is to focus our quality efforts on preventing teamwork.Subcontractors are an integral part of our team.When subcontractors understand and embrace this deficiencies. approach,it builds trust and encourages collaborative Initial Phase—Once a representative sample of the work project execution.Our team leaders establish clear has been done,we will examine and photograph the first agreements and facilitate effective communication.We work-in-place to ensure a superior level of workmanship work with each subcontractor on an individual basis in and strict compliance with the construction documents, project scheduling,quality control and cost control while material samples,submittals and shop drawings.This mitigating risks and ensuring safety compliance. phase will be repeated each time a new crew begins working onsite or whenever specified quality is not met. We maintain constant communication with subcontractors to ensure everyone is on the same page and no one is left Verification Phase—Once a construction activity or without guidance or information.This occurs through feature of work is complete,we will verify conformance recurring pull planning meetings,weekly work plans,daily to the construction documents,and required tests and huddles,foreman's meetings,monthly project manager inspections will be performed.Any identified deficiencies meetings and weekly safety meetings. or nonconforming work will be corrected,re-inspected and documented before any subsequent construction We use Procore software to manage quality and safety activities proceed. on our projects.With Procore,we are able to send email reminders to relevant team members between both Utilizing the ZDP enables us to plan,schedule and install subcontractors and SpawGlass.The Procore dashboard work in an orderly,consistent manner that will reduce provides a centralized location to track to-do items,which rework and warranty issues,while helping keep the facilitates a more streamlined process.This prevents tasks schedule on track and costs in check on the project. from slipping through the cracks. B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 25 Scheduling Closeout The foundation of a successful project lies in the Our close-out process begins as soon as the project preconstruction phase.With a thorough understanding starts.We proactively incorporate close-out strategies of the project's specific challenges and perspectives and protocols into every phase of the construction of all stakeholders,we can develop a detailed plan process. for construction.As construction manager,we then communicate the plan with our subcontractors,many Senior Project Manager Parker Blaschke and the project of whom collaborate with us during the design phase. team will review the contract documents and develop a Effective and transparent communication of the comprehensive log of all required closeout deliverables, construction plan is key to predictable outcomes in i.e.record drawings,warranties and guarantees,operation construction—no surprises! and maintenance manuals,owner training processes,attic stock,testing reports and completed punch list items. We implement lean construction practices to enhance Parker will setup commissioning meetings early on in the the efficiency of our projects.Lean scheduling is based project to ensure the commissioning agent is reviewing on maximizing production to keep projects on track, submittals,etc. emphasizes respect for all project team members Parker will take note of any"close-out"items that cannot and promotes true collaboration throughout the preconstruction and construction process.Our team be postponed until the end of the project,such as members use Primavera P6 software for all levels of documenting existing conditions,maintaining as-built scheduling. drawings and documenting field quality control tests. He and the rest of the project team will develop a plan With lean scheduling,our team breaks down the for ensuring the items required during the course of measurable components of the whole project into smaller construction are completed and not overlooked. parts,keeping the workflow smooth and continuous. The lean process also bolsters quality assurance when Additionally,Parker will schedule a project close- sequencing the workflow to prioritize installations out meeting with the City,design teams and major properly.These practices allow SpawGlass to maximize subcontractors no later than 90 days prior to the seamless handoffs among project participants and scheduled date of substantial completion.During this promote reliable and predictable outcomes in every phase meeting,Parker will review,discuss and set close-out of the project. goals,expectations and submittal procedures. Our Lean Scheduling Process Op r x L 0000 0o GOOD O O .....• d d GOO O U U P6 Baseline Pull Planning Six-Week Look Weekly Work Daily Huddles Schedule Sessions Ahead Plans The team reviews what Documents the The P6 master schedule Provides a detailed Clearly identifies the was promised for the expected duration of is broken down into breakdown of the hand-off points within day,what is coming for a project,depicting smaller batches.These work tasks by laying an activity and the everyone the following the interrelationships sessions are repeated as them out on weekly manpower needed to day,and uncovers any and duration of all necessary every 10 to 12 planning boards. accomplish each task. unforeseen issues that construction activities weeks. come to light. B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 26 5.8.Describe your organization's experience,use,and BIM Kick off Meeting-We will meet with subcontractors personnel related to the use of Building Information Modeling to establish expectations,commitment and accountability (BIM).How has your organization leveraged BIM to be more regarding schedule,modeling details,prefabrication and effective and efficient? execution. The building modeling process allows us to prefabricate, Coordination Process-We will facilitate weekly as well as plan and schedule the project more efficiently.It virtual coordination meetings to ensure conflict- is an impactful way to reduce waste,save time and create free architecture,structure,MEP, fire,data and a safer project.It ensures a smooth transition between framing systems.This process has multiple benefits. design,construction and project completion.The cost Subcontractors are able to prefabricate material in their of this service is added to our cost of work and general shops knowing exactly what it is they are installing with no conditions. conflicts of other scopes.Additionally,the owner and end users can review potential maintenance access or discuss Futhermore,it enhances planning,communication and concerns up front with engineers. efficiency by allowing all team members,especially the owner,to see the virtual representation of a structure over Virtual Inspections-To mitigate"revise and resubmit" the project's lifecycle. scenarios,we will conduct a virtual inspection on conflict- free areas prior to shop drawing submittals. The BIM/VDC process results in a successful construction with predictable outcomes and no Field Verification-With iPads in hand,we will view surprises. the virtual model to verify systems are being installed according to commitments. At the onset of the project,BIM/VDC Coordinator Brian Claxton will coordinate with our team to leverage Drone technology-We can use drones to clearly define building information modeling(BIM)and virtual design and project conditions and convey project progress. contruction(VDC)processes to enhance productivity.He Hololens-With our Hololens mixed reality headset,we can is a proficient user of Revit,Navisworks,Innovaya,Sketch- offer a view of the virtual model overlaid in the physical Up,AutoCAD and many other BIM related software. environment.This enables owners to see the virtual As appropriate for this project, BIM/VDC will be utilized in representation of the project before construction starts. the following areas: Virtual Reality inspections of the model Virtual 3D mock-ups of challenging transitions or details Clash detection via augmented reality Quick estimate and constructability analysis Visual observation realizing space compliance Clash detection of material/element conflicts Scheduling and sequencing of operations Implementation of closeout and operations and maintenance data into the BIM model As-Built documentation B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 27 6. PERSONNEL QUALIFICATIONS 1. SAFETY 6.1.Given the scope and schedule of the"Project",identify 7.1.Provide the following information in connection with the specific Project Manager(s),Job Superintendent(s), your organization's safety program: Estimator(s)and Field Operations personnel who would work A. Your organization's OSHA(Occupational Safety and Health on the"Project."Provide a resume and references for each Administration)300 Logs for the last three(3)years. individual. The Project Manager and Job Superintendent will remain on the"Project"from pre-construction through final a.OSHA log must be completed.If no accidents,record"0"in completion. appropriate column totals. An organizational chart and resumes for our proposed OSHA 300 Logs for the last three years are included at the team are included on the following pages. end of this section. 6.2.Provide CMAR projects collaborated and completed by B.Loss analysis from your organization's insurance carrier proposed team. 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 Notable CMAR projects collaborated and completed by our claims"or SOC.) proposed team include: a.Loss run must be provided by your organization's insurance The University of Texas at Austin Texas Tennis Center carrier or insurance agent.Insurance carrier's company name or insurance agent(agency)must be clearly legible on The University of Texas at Austin Whitaker Fields documents provided.Names of claimants on loss run maybe Renovation redacted. The University of Texas at Austin Red River Street b.If there have been no losses,provide copy from your firm's Realignment insurance carrier showing no losses. The City of Austin Alliance Children's Garden at Butler C.Loss ratio from your organization's insurance carrier Park or insurance agent covering your organization's workers' Boys and Girls Club of the Austin Area Home Club on compensation insurance coverage. the Sheth Family Campus a.Loss ratio must be provided by your organization's The City of Austin Animal Center Kennel Addition and insurance carrier or insurance agent.Insurance carrier's Campus Infrastructure Improvements company name or insurance agent(agency)must be clearly Austin Community College Highland Chiller Plant legible on documents provided. Austin Community College Highland South Parking b.Loss ratio must be based on manual(unmodified) Garage premium.Manual(unmodified)premium is premium without Austin Community College Round Rock Campus Phases experience modifier applied. 1 and 2 c.If paid premium is submitted,experience modifier(from Bethany United Methodist Church New Worship Center insurance carrier)must be provided. Bluebonnet Studios d. Time period corresponding to loss ratio must be provided. City of Lakeway Police Facility The University of Texas at Austin Luci and Ian Family e. Typed or handwritten information concerning loss ratio prepared by your firm WILL NOT be accepted. Garden Texas Parks and Wildlife Mother Neff State Park f.Experience rating documents WILL NOTbe accepted for Redevelopment and Flood Damage Repair this Paragraph C. St.David's Episcopal Church Texas State University Bruce and Gloria Ingram Hall A letter from our insurance carrier is included at the end of The University of Texas at Austin Hogg Memorial this section and following our OSHA 300 Logs. Auditorium Renovation The University of Texas at Austin North and South Wings Renovation of the Anna Hiss Gymnasium The University of Texas at Austin Sarah M.&Charles E. Seay Building Addition B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 28 ORGANIZATION CHART LEGEND Management Support Team Lead/Single Point-of-Contact On-site Team Safety CITY OF ROUND ROCK 0 Preconstruction/Estimating Support DAVID PADEN E�NIORMLSTIMATOR CCLANAHAN DIVISION PRESIDENT 13 JOEY GEORGE TYLER TUSCHER OPERATIONS MANAGER SENIOR ESTIMATOR JUAN MARQUEZ L BRIAN CLAXTON SAFETY COORDINATOR BIMNDC COORDINATOR TYLER WENZEL PROJECT EXECUTIVE/ PRECONSTRUCTION SERVICES MANAGER PARKER BLASCHKE HARRISON HOLLEY SENIOR PROJECT MANAGER SENIOR SUPERINTENDENT © ASSISTANT PROJECT MANAGERS FASSISTANT SUPERINTENDENTS DAYLON DYESS QUALITY CONTROL COORDINATOR B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 29 TYLER WENZEL PROJECT EXECUTIVE/PRECONSTRUCTION SERVICES MANAGER EMPLOYEE OWNER As project executive and preconstruction services manager,Tyler will provide leadership throughout the project including oversight of the budget,schedule, risk management measures and subcontractor relations.Tyler will also serve as a resource to the project team and the City ensuring satisfaction throughout the construction process. CITY OF WEST LAKE HILLS NEW CITY HALL West Lake Hills,TX 1$15,750,0001 18,000 SF I Construction Manager-at-Risk New construction of a two-level municipal building to house the police department YEARS OF EXPERIENCE municipal court and administrative offices on the current site 18 years in the Industry 5 years with SpawGlass CITY OF AUSTIN DOVE SPRINGS PUBLIC HEALTH FACILITY EDUCATION Austin,TX 1$17,939,525123,000 SF I Design-Build B.S.Construction Science, Design-build of a new two-level,full-service neighborhood center,women infant The University of Oklahoma children(WIC)clinic,immunization clinic,high-quality child-care center,and multi- TRAINING purpose spaces for the community;includes soccer fields,rain garden,mulch trail OSHA 30-Hour and three playgrounds different age groups *prior to Spa wGlass CITY OF AUSTIN FAULK LIBRARY/AUSTIN HISTORY CENTER ARCHIVAL REPOSITORY Austin,TX 1$13,846,1201 81,699 SF I Construction Manager-at-Risk Renovations across multiple floors and two different buildings,consisting of both interior and exterior improvements to office and meeting space as well as lab and artifact storage areas;MEP renovations;exterior fagade restoration;and new soft and hardscapes for the entire block THE UNIVERSITY OF TEXAS AT AUSTIN SARAH M. & CHARLES E. SEAY BUILDING ADDITION Austin,TX 1 $15,545,778 135,000 SF I Construction Manager-at-Risk Four-level addition of 35,000 SF to an active and occupied research facility with sensitive operations,with scope including office,labs,interview rooms,conference rooms,entry area,mechanical room and connection to the campus utility tunnel UCI MEDICAL CENTER* HIGHLIGHTS Orange, CA 1$275,000,0001482,000 SF Construction of a seven-level hospital with 191 beds, 15 operating rooms and Single point-of-contact a neonatal intensive care unit(NICU)wing;new hospital connected to existing v Great hospital and was built without impacts to ongoing operations at existing hospital communic- • o goes above and beyond to progress t•clients f } f City of Austin Dove Springs Public Health Facility Rendering B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 30 O PARKER BLASCHKE SENIOR PROJECT MANAGER I EMPLOYEE OWNER As senior project manager, Parker will be responsible for overall construction management of the project.His responsibilities will also include subcontractor coordination,jobsite organization,contract administration and construction operations. THE UNIVERSITY OF TEXAS AT AUSTIN TEXAS TENNIS CENTER Austin,TX 1 $17,821,4791 24,000 SF I Construction Manager-at-Risk New,two-level sports facility including 12 outdoor tennis courts,locker rooms, players lounge with a nearby study room,athletic training room complete with a hydrotherapy plunge pool,and large weight and fitness room as well as a grandstand YEARS OF EXPERIENCE that can accommodate up to 1,200 spectators 9 years in the Industry THE UNIVERSITY OF TEXAS AT AUSTIN RED RIVER STREET REALIGNMENT 8years with SpawGlass Austin,TX 1$36,969,6441 Construction Manager-at-Risk EDUCATION Multi-phased road realignment of street to align with major intersection in an active B.S.Construction Science, and congested area,including new road profile,site lighting,sidewalk and bicycle Texas A&M University lane,landscaping and infrastructure for three intersections TRAINING ASHE Healthcare Construction TEXAS STATE UNIVERSITY BRUCE AND GLORIA INGRAM HALL Certificate(HCC) San Marcos,TX 1 $90,403,7101 166,851 SF I Construction Manager-at-Risk First Aid/CPR New six-level,166,851 SF science and engineering building,including spaces for OSHA 30 Hour administrative office,research and teaching labs,maker space,classrooms and common areas;and an extension of the campus utilities to serve the new facility THE UNIVERSITY OF TEXAS AT AUSTIN EAST CAMPUS PARKING GARAGE Austin,TX 1 $50,438,3251725,000 SF I Design-Build Design-build of a cast-in-place parking garage with seven levels in the first phase and five in the second phase,accommodating a total of 2,000 vehicles and providing offices and retail shell space EANES ISD DISTRICT-WIDE RENOVATIONS AND IMPROVEMENTS Austin,TX 1 $25,907,683 153,000 SF I Negotiated This multi-phase project is comprised of renovations,repairs,and upgrades to the six elementary schools,two middle schools,high school,and administrative offices HIGHLIGHTS v Vast experience managing a variety of tea:. r project scopesand sizes Excels at complex L rll f liilllwr F . - projects and is a great ,t communicator V Well-liked and respected by clients • subcontractors because of positive The University of Texas at Austin Texas Tennis Center strongattitude and work ethic B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 31 HARRISON HOLLEY SENIOR SUPERINTENDENT I EMPLOYEE OWNER As senior superintendent,Harrison will be responsible for safety,organization and mobilization of field operations,continuing project planning and scheduling, documentation of daily activities,inspection of work for quality conformance and ensuring activities align with the project schedule. THE UNIVERSITY OF TEXAS AT AUSTIN TEXAS TENNIS CENTER Austin,TX 1 $17,821,479124,000 SF I Construction Manager-at-Risk New,two-level sports facility including 12 outdoor tennis courts,locker rooms,players lounge with a nearby study room,athletic training room complete with a hydrotherapy plunge pool,and large weight and fitness room as well as a grandstand that can YEARS OF EXPERIENCE accommodate up to 1,200 spectators 11 years in the Industry BOYS & GIRLS CLUBS OF THE AUSTIN AREA HOME CLUB ON THE SHETH FAMILY CAMPUS 11 years with SpawGlass Austin,TX 1 $10,522,689132,000 SF I Construction Manager-at-Risk EDUCATION New construction of facility featuring play and activity space,a teen center,a library,a B.S. Construction Science and ent, Science,Technology, Engineering and Math(STEM)learning center,art and movement Texas Management, University studios,indoor basketball gymnasium,recording studio,office space,conference and break rooms;outdoor spaces include athletic fields,basketball court,tennis court, TRAINING playgrounds,courtyard and extensive landscape and hardscape OSHA 30-Hour First Aid/CPR/AED THE UNIVERSITY OF TEXAS AT AUSTIN RED RIVER STREET REALIGNMENT Austin,TX 1 $36,969,6441 Construction Manager-at-Risk Forklift Multi-phased road realignment of street to align with major intersection in an active Boom Lift and congested area,including new road profile,site lighting,sidewalk and bicycle lane, Scissor Lift landscaping and infrastructure for three intersections Supported Scaffolding LACKLAND AIR FORCE BASE AIRMEN TRAINING COMPLEX DORMITORY #4 Fall Protection San Antonio,TX 1 $52,394,893 1239,901 SF I Competitive Sealed Proposal Confined Space Entry New construction of a five-level dormitory facility,consisting of four levels plus a mechanical penthouse level and a utility crawlspace,with administrative offices and Hilti Firestop Products Certifi- cations service member dormitory space,built for the U.S.Army Corps of Engineers on an active military base Silica Standards CITY OF AUSTIN EMERGENCY MEDICAL SERVICES FACILITY RENOVATIONS Trenching and Excavation Austin,TX 1 $29,600,6451 Construction Manager-at-Risk Renovations,interior and exterior,and additions to five EMS stations,including site HIGHLIGHTS improvements,utility infrastructure,new MEP systems,new overhead doors and interior finishes,and exterior improvements including weather-resistive barrier and V Excels at complex thermal insulation,masonry and new roofing. projects V Solution-driven leader with excellent communication Understands importance • delivering a high quality _F project whil- keeping stewardship of budget and schedule top of mind Boys&Girls Clubs of the Austin Area Home Club on the Sheth Family Campus B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 32 DAYLON DYESS QUALITY CONTROL COORDINATOR I EMPLOYEE OWNER Daylon will be responsible for developing,implementing,documenting and - overseeing the site-specific quality control plan. He will ensure all work protocols and procedures conform to the contract documents,specifications and functional performance requirements;and conduct regular quality control inspections. THE UNIVERSITY OF TEXAS AT AUSTIN TEXAS TENNIS CENTER Austin,TX 1 $17,821,4791 24,000 SF I Construction Manager-at-Risk New,two-level sports facility including 12 outdoor tennis courts,locker rooms, players lounge with a nearby study room,athletic training room complete with a hydrotherapy plunge pool,and large weight and fitness room as well as a grandstand YEARS OF EXPERIENCE that can accommodate up to 1,200 spectators 17 years in the Industry THE UNIVERSITY OF TEXAS AT AUSTIN RED RIVER STREET REALIGNMENT 6 years with SpawGlass Austin,TX 1 $36,969,6441 Construction Manager-at-Risk TRAINING Multi-phased road realignment of street to align with major intersection in an active Acoustical Considerations for and congested area,including new road profile,site lighting,sidewalk and bicycle Building Design lane,landscaping and infrastructure for three intersections Chilled Water Air Handler Design for Commercial Designs THE UNIVERSITY OF TEXAS AT AUSTIN NORTH AND SOUTH WINGS RENOVATION OF Commercial and Healthcare THE ANNA HISS GYMNASIUM Exhaust Systems Austin,TX 1$20,458,1771 74,449 SF I Construction Manager-at-Risk Interior renovations to the South and North wings of a gymnasium that include Conditioning High and Quantities of Outside Air building envelope,minor exterior features,demolition,hazardous materials remediation,interior modifications and space repurposing Fan Coil Units Customization Local Union 286 Plumbers and TEXAS STATE UNIVERSITY BRUCE AND GLORIA INGRAM HALL Pipefitters Joint Apprenticeship San Marcos,TX 1$90,403,710 1166,851 SF I Construction Manager-at-Risk School New six-level,166,851 SF science and engineering building,including spaces for administrative office,research and teaching labs,maker space,classrooms and Registered Air Conditioning and Refrigeration Technician common areas;and an extension of the campus utilities to serve the new facility #128073 THE UNIVERSITY OF TEXAS AT AUSTIN HOGG MEMORIAL AUDITORIUM RENOVATION Apprentice Electrician#608338 Austin,TX 1 $21,901,4941 18,895 SF I Construction Manager-at-Risk ASHE HCC Workshop Renovation of an historic building on an active campus,including demolition and abatement of the interior;installation of new air handling unit,medium-voltage OSHA 30 Hour switchgear and architectural finishes;and restoration of existing finishes,including palter walls and decorative floor tiles HIGHLIGHTS --+ v Brings expert and innovative problem solving to the design . ,+tand . phase Actively involved scheduling, in s - - activities and r - The University of Texas at Austin Texas Tennis Center B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 33 JUAN MARQUEZ SAFETY COORDINATOR I EMPLOYEE OWNER Juan Marquez brings over 40 years of experience in the construction industry. As project safety coordinator,Juan will direct and implement SpawGlass'safety program to ensure a safe,healthy and accident-free work environment for employees and subcontractors.He will conductjobsite meetings and orientations and perform job hazard analyses and jobsite inspections. THE UNIVERSITY OF TEXAS AT AUSTIN WHITAKER FIELDS COMPLEX RENOVATION Austin,TX 1$18,412,152 18,000 SF I Construction Manager-at-Risk Renovation and modernization of 36 acres,including new gateway building,large pavilion,six new synthetic turf playing fields, 12 new natural grass fields,four sand YEARS OF EXPERIENCE volleyball courts and associated field lighting 44 years in the Industry EDGAR 0. AND MELANIE A. WELLER TENNIS CENTER 34 years with SpawGlass Austin,TX 1 $8,331,952 149,351 SF I Construction Manager-at-Risk TRAINING (PARTIAL LIST) New construction of pre-engineered metal building with six indoor tennis courts, OSHA 510 Course lounge/locker facility and four outdoor courts,related site and utility work OSHA Compliance and Workplace Safety Training CITY OF AUSTIN ALLIANCE CHILDREN'S GARDEN AT BUTLER PARK OSHA Construction Outreach Austin,TX 1 $5,280,891 1 10,724 SF I Construction Manager-at-Risk Trainer New construction of a 2.5-acre artisan playground,consisting mainly of site work, some concrete work,plumbing,electrical,and storm drain work.The scope included First Aid/CPR/AED many playscapes and art installations The University of Texas System OFPC Safety Leadership THE UNIVERSITY OF TEXAS AT AUSTIN RED RIVER STREET REALIGNMENT Austin,TX 1$36,969,6441 Construction Manager-at-Risk Multi-phased road realignment of street to align with major intersection in an active and congested area,including new road profile,site lighting,sidewalk and bicycle lane,landscaping and infrastructure for three intersections AUSTIN COMMUNITY COLLEGE ROUND ROCK CAMPUS PHASES 1 AND 2 Round Rock,TX 1$108,683,680 1321,000 SF I Construction Manager-at-Risk Development of an existing 60-acre agricultural site and construction of the campus's first five buildings;also included were associated utilities distribution systems,roadways,parking areas,landscaping and building mechanical,electrical and plumbing systems;Phase 2 included new construction of multiple academic and HIGHLIGHTS administrative buildings V Experience spans four decades in the construction industrya V Continually attends training courses further safety awareness and I coaching skills Fluentboth English i V • Spanish tA y �, The University of Texas at Austin Red River Street Regi b unm:r, B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 34 TOM MCCLANAHAN, LEED AP SENIOR ESTIMATOR I EMPLOYEE OWNER at Throughout his career,Tom has estimated projects of varying scopes and sizes for public and private owners.As senior estimator,Tom will be responsible for providing budgets and GMP pricing,soliciting bids from subcontractors and providing input for constructability reviews and value analysis. THE UNIVERSITY OF TEXAS AT AUSTIN TEXAS TENNIS CENTER Austin,TX 1 $17,821,479 124,000 SF I Construction Manager-at-Risk New,two-level sports facility including 12 outdoor tennis courts,locker rooms, players lounge with a nearby study room,athletic training room complete with a hydrotherapy plunge pool,and large weight and fitness room as well as a grandstand YEARS OF EXPERIENCE that can accommodate up to 1,200 spectators 28 years in the Industry THE UNIVERSITY OF TEXAS AT AUSTIN WHITAKER FIELDS COMPLEX RENOVATION 9 years with SpawGlass Austin,TX 1$18,412,152 18,000 SF I Construction Manager-at-Risk EDUCATION Renovation and modernization of 36 acres,including new gateway building,large B.B.A. Finance,Texas State pavilion,six new synthetic turf playing fields, 12 new natural grass fields,four sand University volleyball courts and associated field lighting TRAINING LEED Accredited Professional BOYS & GIRLS CLUBS OF THE AUSTIN AREA HOME CLUB ON THE SHETH FAMILY CAMPUS Austin,TX 1 $10,522,689 132,000 SF I Construction Manager-at-Risk New construction of facility featuring play and activity space,teen center,library, Science,Technology,Engineering,and Math(STEM)learning center,art and movement studios,recording studio,office space,and conference and break rooms CITY OF AUSTIN DOVE SPRINGS PUBLIC HEALTH FACILITY Austin,TX 1 $17,939,5251 23,000 SF I Design-Build Design-build of a new two-level,full-service neighborhood center,women infant children(WIC)clinic,immunization clinic,high-quality child-care center,and multi- purpose spaces for the community;includes soccer fields,rain garden,mulch trail and three playgrounds different age groups AUSTIN COMMUNITY COLLEGE ROUND ROCK CAMPUS PHASE 2 Round Rock,TX 1$27,351,072 145,000 SF I Construction Manager-at-Risk New construction of multiple academic and administrative buildings on active HIGHLIGHTS university campus V Actively assesses market fluctuations and proposes win-win solutions Provides cost savings re . .- . � wsal..wr achieveto desired ilk: � I., budgets The University of Texas at Austin Whitaker Fields Renovation B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 35 TYLER TUSCHER SENIOR ESTIMATOR I EMPLOYEE OWNER Having served as an estimator,project manager,superintendent,and quality control and safety manager,Tyler brings well-rounded knowledge of the preparation and processes necessary to successfully deliver a project in budget and on time.As senior estimator,Tyler will provide budgets and pricing for the GMP proposal,solicit bids from subcontractors and assist in constructability reviews and value analysis. CITY OF WEST LAKE HILLS NEW CITY HALL West Lake Hills,TX 1$15,750,000 118,000 SF I Construction Manager-at-Risk New construction of a two-level municipal building to house the police department municipal court and administrative offices on the current site YEARS OF EXPERIENCE CITY OF AUSTIN DOVE SPRINGS PUBLIC HEALTH FACILITY 8years in the Industry Austin,TX 1$17,939,525 123,000 SF I Design-Build 2 years with SpawGlass Design-build of a new two-level,full-service neighborhood center,women infant TRAINING children(WIC)clinic,immunization clinic,high-quality child-care center,and multi- OSHA 30-Hour purpose spaces for the community;includes soccer fields,rain garden,mulch trail First Aid/CPR and three playgrounds different age groups CITY OF AUSTIN FAULK LIBRARY/AUSTIN HISTORY CENTER ARCHIVAL REPOSITORY Austin,TX 1$13,846,1201 81,699 SF I Construction Manager-at-Risk Renovations across multiple floors and two different buildings,consisting of both interior and exterior improvements to office and meeting space as well as lab and artifact storage areas;MEP renovations;exterior facade restoration;and new soft and hardscapes for the entire block THE UNIVERSITY OF TEXAS M.D. ANDERSON BASTROP RHESUS CLINIC AHU, BOILERS AND PPB IMPROVEMENT Bastrop,TX 1$5,000,000 13,500 SF I Competitive Sealed Proposal Replacement of the air handler,hot water boiler,and vents serving the Rhesus Clinic and replacement of the Cambridge heaters with more energy efficient heaters; HVAC system is stand alone and includes an air handling unit,roof vents, and heating hot water boiler THE UNIVERSITY OF TEXAS AT AUSTIN HOGG MEMORIAL AUDITORIUM RENOVATION Austin,TX 1$21,901,4941 18,895 SF I Construction Manager-at-Risk HIGHLIGHTS Renovation of an historic building on an active campus,including demolition andV Brings ...-. value to abatement of the interior;installation of new air handling unit,medium-voltage the preconstruction switchgear and architectural finishes;and restoration of existing finishes,including having served palter walls and decorative floor tiles roles �F Strong . nships within the local *;. subcontracting community k0a. r, City of Austin Dove Spnng�Public Health Facility Rendu B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 36 BRIAN CLAXTON BIMNDC COORDINATOR I EMPLOYEE OWNER Specializing in Building Information Modeling(BIM)and Virtual Design and Construction(VDC)processes,Brian will work with all members of the team to resolve any potential issues in the construction documents through clash detection. Brian will also work with the team to pull together all building components and assist with submittals;coordination of mechanical,electrical and plumbing(MEP)systems; and closeout and commissioning. THE UNIVERSITY OF TEXAS AT AUSTIN TEXAS TENNIS CENTER Austin,TX 1 $17,821,4791 24,000 SF I Construction Manager-at-Risk New,two-level sports facility including 12 outdoor tennis courts,locker rooms, YEARS OF EXPERIENCE players lounge with a nearby study room,athletic training room complete with a 24 years in the Industry hydrotherapy plunge pool,and large weight and fitness room as well as a grandstand 15 years with SpawGlass that can accommodate up to 1,200 spectators TRAINING AUSTIN COMMUNITY COLLEGE ROUND ROCK CAMPUS PHASE 2 OSHA 30-Hour Round Rock,TX 1 $27,351,072 145,000 SF I Construction Manager-at-Risk New construction of multiple academic and administrative buildings on active university campus CITY OF AUSTIN DOVE SPRINGS PUBLIC HEALTH FACILITY Austin,TX 1 $17,939,525123,000 SF I Design-Build Design-build of a new two-level,full-service neighborhood center,women infant children(WIC)clinic,immunization clinic,high-quality child-care center,and multi- purpose spaces for the community;includes soccer fields,rain garden,mulch trail and three playgrounds different age groups THE UNIVERSITY OF TEXAS AT AUSTIN LUCI AND IAN FAMILY GARDEN Austin,TX 1 $3,299,887 12,400 SF I Construction Manager-at-Risk This SITESO Sustainable project included the development of a garden that included an interactive earth sieve,a maze,a Fibonacci spiral,grotto,giant bird's nest and canopy walk;garden provides educational opportunities with outdoor classroom areas and numerous innovative and creative features IGHLIGHTS Collaborates design team to establishguidelines and expectations Bringsadded value to the preconstruction phase by providing progressive The •• - The University of Texas at Austin Luci and Ian Family Garden constructability and budgetary feedback B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 37 JOEY GEORGE, LEED AP OPERATIONS MANAGER I EMPLOYEE OWNER Joey is recognized as a SpawGlass Master Builder having proven his ability to manage complex construction projects.Our master builders are sought after by our clients and are often requested to lead their projects.Joey has demonstrated construction expertise in diverse environments,showcasing his adaptability while demonstrating strong leadership and communication skills. THE UNIVERSITY OF TEXAS AT AUSTIN TEXAS TENNIS CENTER Austin,TX 1 $17,821,479 124,000 SF I Construction Manager-at-Risk New,two-level sports facility including 12 outdoor tennis courts,locker rooms, players lounge with a nearby study room,athletic training room complete with a hydrotherapy plunge pool,and large weight and fitness room as well as a grandstand that can accommodate up to 1,200 spectators MASTER BUILDER THE UNIVERSITY OF TEXAS AT AUSTIN WHITAKER FIELDS COMPLEX RENOVATION Austin,TX 1$18,412,152 18,000 SF I Construction Manager-at-Risk YEARS OF EXPERIENCE Renovation and modernization of 36 acres,including new gateway building,large 33 in Industry pavilion,six new synthetic turf playing fields, 12 new natural grass fields,four sand 28 with SpawGlass volleyball courts and associated field lighting EDUCATION/TRAINING LEED Accredited Professional THE UNIVERSITY OF TEXAS AT AUSTIN RED RIVER STREET REALIGNMENT Austin,TX 1 $36,969,644 1 Construction Manager-at-Risk OSHA 30-Hour Multi-phased road realignment of street to align with major intersection in an active and congested area,including new road profile,site lighting,sidewalk and bicycle lane,landscaping and infrastructure for three intersections AUSTIN COMMUNITY COLLEGE ROUND ROCK CAMPUS PHASE 2 Round Rock,TX 1 $27,351,072 145,000 SF I Construction Manager-at-Risk New construction of multiple academic and administrative buildings on active university campus TEXAS STATE UNIVERSITY BRUCE AND GLORIA INGRAM HALL San Marcos,TX 1$90,403,7101 166,851 SF I I Construction Manager-at-Risk New six-level, 166,851-square-foot science and engineering building,including spaces for administrative office,research and teaching labs,maker space, classrooms and common areas;and an extension of the campus utilities to serve the new facility HIGHLIGHTS SpawGlass Master BuilderN . TenuredSpavvGlass employee with I sqwealthof • in construction management having �kserved in various • - The University of Texas at Austin Red River Street Realignment B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 38 DAVID PADEN, LEED AP DIVISION PRESIDENT I EMPLOYEE OWNER .w David will serve on the executive review for this project,ensuring compliance with +y contract responsibilities,reviewing and approving management and resource commitments and giving final negotiating and approval authority for SpawGlass. THE UNIVERSITY OF TEXAS AT AUSTIN TEXAS TENNIS CENTER Austin,TX 1$17,821,4791 24,000 SF I Construction Manager-at-Risk New,two-level sports facility including 12 outdoor tennis courts,locker rooms, players lounge with a nearby study room,athletic training room complete with a hydrotherapy plunge pool,and large weight and fitness room as well as a grandstand that can accommodate up to 1,200 spectators YEARS OF EXPERIENCE THE UNIVERSITY OF TEXAS AT AUSTIN WHITAKER FIELDS COMPLEX RENOVATION 15 in Industry Austin,TX 1$18,412,152 18,000 SF I Construction Manager-at-Risk 14 with SpawGlass Renovation and modernization of 36 acres,including new gateway building,large EDUCATION/TRAINING pavilion,six new synthetic turf playing fields,12 new natural grass fields,four sand B.S.Construction Science volleyball courts and associated field lighting Management, Texas State University THE UNIVERSITY OF TEXAS AT AUSTIN RED RIVER STREET REALIGNMENT LEED Accredited Professional Austin,TX 1 $36,969,6441 Construction Manager-at-Risk Multi-phased road realignment of street to align with major intersection in an active and congested area,including new road profile,site lighting,sidewalk and bicycle lane,landscaping and infrastructure for three intersections HIGHLIGHTS CITY OF AUSTIN DOVE SPRINGS PUBLIC HEALTH FACILITY V Extensive experience Austin,TX 1 $17,939,525123,000 SF I Design-Build with athletic/recreation Design-build of a new two-level,full-service neighborhood center,women infant projects children(WIC)clinic,immunization clinic,high-quality child-care center,and multi- purpose spaces for the community;includes soccer fields,rain garden,mulch trail hands-on experience Dedicated leader and three playgrounds different age groups on several high-profile CITY OF LAKEWAY POLICE FACILITY projects Lakeway,TX 1$17,862,231 130,000 SF I Construction Manager-at-Risk V Passionate about New construction of police facility with administrative space,interview rooms, giving holding cells,a 911 dispatch call center,a media room,an evidence processing room communities and lab,property storage,a training center,a gym and a vehicle maintenance garage. r ^ The University of Texas at Austin Whitaker Fields Complex Renovation B. CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 39 SpawGlass Contractors, Inc. Attention:This form contains information relating to employee health and must be used in a manner OSHA's Form 300 (Rev.01/2004) that protects the oonfiden6alntyofemployees tothe Year 2022 extent possible while the information is being used Log of Work-Related Injuries and Illnesses for occupational safety and health puU.S.DepartmentofLabor poses Occupational Safety and Health Administration You mus:record information about every work--a steel injury or Ideas that involves Ins,of mnsc ousnessrastnctea won actvity or job Transfer,days away from work,or medical treatment beyond first Form approved OMB no.12180176 aid.You must also record significant work-related iniunes and illnesses that are diagnosed by a physician or iconsed Iselin care professional.You must also record work related injuries and illnesses mat meet any of the specific mommg cn—listed m 29 CFR 1904 8 through 190412 Feel free to use two hoes for a single rase d you need to You must complete an injury and illness no0enl report Establishment name SG Contractors Austin Consolidated (includes BS) (OSHA Form 301)or equivalenl form for arson injury or illness recorded on'this form Ir you re not sure whether a cases recortlable,call your local OSHA office for help City Austin State Texas Identify the person Describe the case Classify the case Enter me number of (A) (B) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the"injury"column or choose one type came No. Employee's Name Job Tire(e.g., Date of Where the event occumed is g Describe injury or illness,parts of body affected the most serious outcome for that caseworker was. of illness: Welder) injury or Loading dock norm end) and object/substance that directly injured or Iset of made person ill(e g.Second degree bums on (M) llness night forearm from acetylene torch) Days away Away On job m ( e/day) Death from work Remained at work From transfer or o o = esmction ` Job transfer Omar cam- Wor' (days) o - - o restriction able cases (days) stn - a G H (1) K L 1 2 3 4 5 8 Right ankle fracture-while unloading some 3021832-1 1 Carpenter 1/18/2022 1 La down yard material,worker rolled his ankle in loose gravel V 14 147 Right ankle sprain-worker rolled his ankle in a 3022023 Carpenter 8/16/2022 Field hole Abdomen strain-worker was curing radar with 3021832.2 Laborer 12/8/2022 worksite bolt cutters and strained his abdomen Page totals o 1 0 2 14 147 3 o d o d o Be sure to transfer these totals to the Summary page(Form 300A)before you post it. o 0 �o Publ—porong Widen for mu collection of mformatan is estimated 1e average 14 mmulds per rMpense.including time to renew n cj 5 = the instr'xtion search and gamer she data needed am complete and renew the collection of mfundede t Persons are ndK a Ad xo required;e respond b the collection of nnlormation unless A displays a wreney veld OMB corrod number If you have any comments a ado Them est—tes Or any aspects of mus data collection contact JS Deparment of Labor OSHA Of%m of Stzbstsa.Room N-3644.200 Constitubon Ave.NW,WasNngton.DC 20210 Do col send the completed forms to cors Olf- Page 1.1 1 (1) (2) (3) (4) (5) (6) B CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 40 SpawGlass Contractors, Inc. Abunntlon:This torte oon�ina Mo maim nilnirg (`*� x employee heats and moat be umd In a manna, OSHA's Form 300 �ReV.0112004) �.nothi the corROsr"aRlyor 1"adl'eaero� Year 2021 erehi{needs oft.the Irfmradon H being used Log of Work-Related Injuries and Illnesses upaddneseayand haempupoeee U.S.Department of Labor OmyN':anN Safely and Haan Admaaslraeon Yau mr naa>rd'nt.n�on about awy @.%leladery.IFeea fat imNa@'aaa d earrarneaa rseakbo enrs.mMq.;m tradr,drye eery ia,n.vrA,.madaOeearert bepnd hal ad. Form eppravao OMB no.121&0176 You rtarn an lec.d eat4Xnt eory.@ked Fj'.riaWdvtasam thet.ediegnaad bye prryeidn.fonad hwlh ase pC@rortel You rtr.si in remd.uF+sWsd in/.aea utd lyter.es Mrxn eq eree rA.ic—ang crsoY H.'ad in 29 CFR lease lhagh 190412 Fee ywtb t. in*sf, Nrq*rae,I1)un.eab Establishment name SG Contractors Austin Consolidated(Includes BS) 3011..y1vaYN bm br.@dt Ir*ry.lieu,.,arid m k4 brm dyeu5a ml aa.aMr.ar la ramdrbl.,dl your bol[)SHA ofM1a H rrlp City Austln state Texas Identity the person Oescnbe the case Classify the case Error Ufa nunber of (A) (B) (C) (D) (EI (F) CHECK ONLY ONE bon la each=based on day@ the aqur@d or iii ChedK the Inturine or°hoose one type of Cana No Employee'.Nene .lob Tole(e g, Date of Where Ne avant-"o "o(a.g Desenbe v*ry or them,pane&body n%ctad. the mon se iom outdo a for and .e: worear wu- y chlineae el W. n) atjuy or toad�nq dock north war, and ob)aegaub.ter—that dlrerJly'rlutnd or made onen Of parson I(e g Seoond degree b—on right M E'.ness laeartn from ecetylate for n) On ldb c (mo/day) Deem Remained at work Away Irrrder or From ranriotlon 5 g Jab tratala Fit-rarord- Work (day.)or rastriWdnle oNa (days) y U a I Z (G) (H) (11 (J) (K) P (1) (2) 3) < (5) (6) ° a mai fright ndex VW(oonluswn;Worker struck rte X118076 AbolerdoCatnenter 2125/202'Relantion well area f.. er vnth a hamrner d ower a s ram wv ,ng a —e 3013103 Mlle.Jose Carpenter 4/14=1 C"Mrd hoes and 1.4 s sten Ir hl.beat d 31 .� PaaAt.1.2 o 0 1 d o J1 Z 0 0 0 0 0 Be sure to transfer these totals tc the Summary page(Form 300A)before you post it. pWac ieWb9 lurd.n lar der wlacepn ditfonrbata.mnuidbae�g.11 r�nuMp.r respa.aa.bcbdrg lnebrw.ra da � � irebad�,..a.b w�ae eam baeae,ane aomya�a,e�„aw db own d eaamadar p.a.,a ae not�..s b � �`� 8 7 � nyond to ft md:h,or in —.,unlew 0 anpleys a--W wid OMB mead numb..Myo have,y oomnm'about '� E Fsea.endas.airy aapoch WFu dela ovB im,raa t LSDap twtoIl44..08FN0fhwof$besba.Ri N3644, 2 2000a.baiidn Ase NW,Waamgbr DC2e210 Do W..sad McrrphbdlanabHeaan. sego 1 of t (V fel Cul (<) (6) (e) B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 41 SpawGlass Contractors, Inc. Attention:This fofmcontameiifohnatl°nrelating Io employee health and must be used in a manner OSHA's Form 300 (Rev.ov2004) hetpmm st econfidenhal yofemPmyeestothe Year 2020 ./dant possible while the information is being used Log of Work-Related Injuries and Illnesses ter° "°raise(."andheah°up,aea U.S.Department of Labor Occupational Safety and Health Adminlstratlon You must record mbrmatlon about every work-related mlury or Illness Nat Involves loss of consdousness,resinded work actnity,or lob transfer,days away from work,m medical treabnent beyond first Form approved OMB no.1218-D176 aid You must also record significant work-related injunm and Illnesses Nat are diagnosed by a physician a licensed trealN ora pmfesslonal.You must afro record worlt related m unes and Illnesses Nat maetany ofthe speciflcreconing ratan,hidedin.29 CFR 1904.8 through 190412 Faelkeelouwe lineslofasingiocwdyouneadto.You must complete an Injury andlllnesainadant mi Establishment name SG Contractors Austin Consolidated (Includes BS) (OSHA Form 301)or equivalent form for each injury or 41ness recorded on this fame H you re not sure whether a case Is recordable,ball your bral OSHA office for help. City Austin State Texas Identify the person Describe the case Classify the case Enter the number of (A) (B) (C) (D) (E) lF) CHECK ONLY ONE box for each case based on days the injured or ill Check the'injury'column or choose one type of Case No Employee's Name Job Title le.g.. Date of Where the event occurred(e g Describe injury or illness.parts of body acted ffe . the most serious outcome for that case-. worker was illness Welder) injury or Loading dock north end) and objectau0.stance that directly injured or made eet of ill(a q Second dbums on right IM) °mperson degree Illness lorearn from acetylene torch) Days away Away O"iOb Death Remained at work f (mo/day) from work From transfer or c - restnd'ron Job transfer Other cord- Work (days) r o - rim1 cb- able cases (days) G H 1 J K L 1 2 3 4 5 6 Form Builder Back,neck and elbow contusion worker fell from 3017156-1 Satter 8y7i2020 outdoors i founder,,, Me 4th step of a 6 A frame ladder. 63 Heal related illness-worker was working Fonn Builder outdoors and suRered from some heat related 3017156-2 Setter 8/25/2020 outdoors I construction site illness s m lours 4 Back Strain worker strained his back while lining Bldg Services a 5 gallon bucket of paint. 3020814 Tech 3/132020 ground level(Yoga studio) 28 Page totals o t 2 0 ad 3 0 0 0 0 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it z o s_ `E Public reports g burden for this cplleNon of to--Is estimated to average 14 minutes per response.ndutlng rime to renew o m� ri Ne InsWmon.search and ga;nn 1M data need d,and complete and renew Ne mAeCm or rnl,rmabon Persons are n,l•egwred � � t N to respond to the Wlection of minrmaW,unless t displays a errantly valid OMB control number If you nave any comments about o Nese estimates a any aspects of Na data mnedrorr.cmtaa.US Department W Labor,OSHA Off-,f Stabsacs,Room N 3644, 200 Corsi—Ave.NW.Washington OC 20210.Do cal send the completed farms tu.rs,Poco. Page 1 of 1 (1) (2) (3) (4) (5) (6) B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 42 427 West 201h Street John A. Prince, CIC, CRM,ARM PO Box 7011 ADAMS Executive Vice President Houston, Texas 77248-7011 Telephone 713-869-8346 jprince@adamsins.cvm W Facsimile 713-869-9144 INSURANCE SERVICC October 13,2023 Mr. Richard Well Building Construction Manager General Services Department Round Rock, TX 78664 Re: SpawGlass Contractors—RFP CMAR for Old Settles Park Buildout Solicitation No. 23-315 Dear Mr. Well: We have reviewed Section 04 — Insurance Requirements included in the Request for Proposals for Construction Manager at Risk. SpawGlass Contractors can comply with all requirements including coverage types and levels as outlined if awarded this project. Sincer `I ohn A Prim,CIC, CRM,ARM Executive Vice President Adams Insurance Service, Inc. Adams Risk Management Services, LLC 8. REFERENCES 8.1.For five of the projects listed above(reference items 3.1 and 3.7),identify a representative of the owner and a representative of the architect(provide name,email and phone)whom we could contact as references regarding your organization's services. Boys&Girls Clubs of the Austin Area Home Club on the City of Bryan Legends Event Center Sheth Family Campus Owner Boys&Girls Clubs of Austin Architect Owner Architect Misti Potter(no longer at STG Design City of Bryan PBK Architects,Inc. organization) Bret Hirsch,LEED AP Frank Clark,Jr. Trey Schneider 214-862-3434 512-358-3582 979-209-5112 713-965-0608 mistip202O(@gmail.com FClarkQbryantx.gov trey.schneider(@pbk.com Alliance Children's Garden at Butler Park The University of Texas at Austin Red River Street `` Realignment Owner Architect Owner City of Austin TBG Partners The University of Texas at Architect Riley Triggs Justin Lindabury Austin Martinez Moore Engineers 512-636-3521 512-327-1011 Michael Uyeda Al Hajka Riley.Triggsna austintexas. justin.lindaburyna tbg-inc. 512-217-1757 512-330-1297 gov com The University of Texas at Austin Caven Lacrosse and Sports Center at Clark Field Owner Architect The University of Texas at Austin Dewberry Pete Schaack Tom Shaw(no longer with 512-471-6045 company) 972-841-6135 petes(a)austin.utexas.edu •.a/ 4 Pill 4. Loll _ 44 � � 9. UNIQUENESS Qualified and Accredited Professionals To provide the highest level of service to our clients,we 9.1. What do you feel will be unique about your company's provide opportunities for team member development. participation in this Project? Through our nationally recognized training program,our team members have the credentials to work safely and This combination of unique qualities is what sets efficiently across various construction environments. SpawGlass apart: Transparency Employee Owners on Every Project We provide complete transparency in our processes, SpawGlass is 100-percent employee-owned and operated documentation,accounting and record-keeping with our by a diverse group of shareholders.As employee-owners, clients and team members.Being open and visible with this we are driven to provide better and more effective ways information inspires trust and accountability in our client to support our clients.We bring a high level of personal relationships. accountability to our clients and fellow team members Full Life Cycle Construction Services because it's not only ourjob;it's our company. We offer construction services for every phase in the life of Client Experience Process a client's facility—from road to roof.With the capabilities Whether expediting the schedule,delivering cost savings, and expertise to provide a full range of services throughout or phasing construction,nothing is more important to us the life of a project,we can meet any need our clients have than meeting each client's goals.We identify each client's from project conception through facilities maintenance. expectations at our initial kick-off meeting and follow up With SpawGlass as a singular source for anything at defined stages throughout the project to measure how construction-related,our clients can focus on running we are meeting those expectations.Our client's success their businesses. defines our success. Through these unique qualities,we focus on our clients' needs and ensure commitment to their budgets and schedules. Feasibility, Budgeting Preconstruction & Cost Analysis Construction Advisory & Consulting U7191 i Civil & Infrastructure L01t, , r � Renovations & Expansions , 1 Facility P Vertical Maintenance Construction & Repair '' 414" B.CONSTRUCTION MANAGER-AT-RISK QUALIFICATION QUESTIONNAIRE 1 45 AT CLARK FIELD ME n n:n GUEST 'n U PERIOD •> ������.utrcc�purlx.or� FINANCIAL 1 PRIPI1 r , � f C. FINANCIAL PROPOSAL The Proposer shall complete and return the Proposal (8)Cost of the General Conditions.The Proposer shall Cost Form(Exhibit Q. The Proposer shall contain a state separately the Proposers fee for General Conditions. straightforward,concise delineation of the Proposer's fees to General Conditions are defined as the onsite management satisfy the requirements of this Request. and administrative personnel,insurance,bonds,field office (A)Pre-construction Costs.Costs shall include a lump sum and supplies to be supplied or performed by the Proposer fee forpreconstruction services to aid design team and (C)Fee.The Proposershall state separately the fee to be project owners in developing plans,costs,and schedule charged by the Proposer.The fee is defined as the payment a for the project.Weekly meetings will be required ofCMAR construction manager receives for its overhead and profit in throughout design. performing construction manager services. Our completed proposal form is included on the following pages. OPEN-BOOK MANAGEMENT Building trust and transparency are core values at SpawGlass.We pride ourselves on being good stewards of our clients funds. We are transparent with costs and do our best to make all costs easy to review.Our transparency extends not only to project finances but every aspect of construction from thejobsite trailer and throughout the field. C. FINANCIAL PROPOSAL 1 46 EXHIBIT C Selection Criteria and Proposal Cost Form 44 CITY OF ROUND ROCK Project: Old Settlers Park Buildout PROPOSED COST SUMMARY EXHIBIT C Attachment Exhibit C City of Round Rock CMAR Cost Proposal Form Project: Old Settlers Park Buildout Proposed Preconstruction Duration: 12 Months Proposed Construction Duration: 33 Months Proposed Construction Budget: $140,000,000.00 Proposers Company Name: SpawGIass Contractors,Inc. Proposers Company Address: 1111 Smith Road City, State, Zip Code: Austin,Texas 78721 Phone Number: 512-719-5251 Pre-Construction Services A. Pre-Construction Services $ 275,000 Written: Two Hundred & Seventy 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 engineering, 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 engineering conferences 45 C.FINANCIAL PROPOSAL 1 47 General Conditions b.l. Supervision & Management Proposed Cost$ 3,511,000 Written: Three Million, Five Hundred & Eleven Thousand 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 o General Superintendent(s) Manager/Engineer(s) o Assist. Superintendent(s) o Administrative Support o Field Engineer(s) o Other(s) required for management o Safety Engineer(s) 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." b.2. Temporary Facilities, Associated Equipment, and Supplies Proposed Cost $ 420,000 Written: Four Hundred & Twenty Thousand 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 Management Software Services o Communications Equipment & & Fees Phones o Site Office Water and Water o Computers & Printers Distribution System o Information Technology o Copiers, Paper& Office Supplies Software & Hardware o Postage & Shipping o First Aid Supplies 46 C.FINANCIAL PROPOSAL 1 48 o Vehicle(s) 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." b.3. Surety& Insurance(s) Lump Sum Cost $ 2,162,000 Written: Two Million, One Hundred & Sixty Two Thousand 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 cost including wrap up and captive programs, and all other special insurance requirements noted in this RFP. o CM Performance&Payment Bonds o Liability Insurance Premiums o Builders Risk Insurance o Other Insurance Required by RFP B. General Conditions Proposed Cost $ 6,093,000 Written: Six Million,Ninety Three Thousand 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 3.5 % 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. Acknowledgement: 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. 47 C.FINANCIAL PROPOSAL 1 49 S' ure of Pro ser a en Printed Name of Proposer President,Austin Division Title SpawGIass Contractors,Inc. Name of Firm 1111 Smith Road Austin,Texas 78721 Address of Firm 512-719-5251 Telephone Number of Firm �oQPwGLASS%', V �o [Corporate Seal, if a corporation] ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF \fU § SUBSCRIBED AND SWORN TO BEFORE ME on this the 2l00- day of the month of l-pbe f , 2023, in the capacity and for the purposes indicated. Notary Public, State of Texas CMI MICHELLE ALLING yExpires: 03 Oq ZC)Z5' _• :•` My Notary ID 0131036797 M Commission `�+ + Egims 9,2025 48 C.FINANCIAL PROPOSAL 1 50 r { }r r b d SpawGlass 1111 Smith Road Austin,Texas 78721 512-719-5251 SpawGlass.com Connect with us today! In // 1953-2023 CITY OF ROUND ROCK Project: Old Settlers Park Buildout 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) 45 Cost(Total 40 points) A. Proposed Fee for Pre-Construction (10) C. General Conditions and Other Charges (15) D. Fee Proposed (15) 46 EXHIBIT D Form of Agreement, General Conditions, Special Conditions, and Supplemental Conditions of Contract for Construction 51 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. 52 =Y" 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 in the year ADDITIONS AND DELETIONS: � The author of this document has (In words, indicate day, month, and year.)l�� tadded information needed for its G BETWEEN the Owner: completion.The author may also have revised the text of the original (Name, legal status, address, and other information) AIA standard form.An Additions and Ci of Round Rock Deletions Report that notes added �' information as well as revisions to the 221 East Main Street standard form text is available from Round Rock,Texas 78644 the author and should be reviewed.A Telephone Number 512-218-5400 vertical line in the left margin of this document indicates where the author and the Construction Manager: has added necessary information (Name, legal status, address, and other information) and where the author has added to or deleted from the original AIA text. SpawGlass Contractors,Inc. Road This document has important legal 11 11 Smith consequences.Consultation with an Austin,Texas 78721 Telephone Number 512-719-5251 attorney is encouraged with respect to its completion or modification. for the following Project: AIA Document A201 Tm-2017, (Name, location, and detailed description) General Conditions of the Contract for Construction, is adopted in this Old Settlers Park Buildout document by reference.Do not use Old Settlers Park 3300 E Palm Valley Blvd,Round Rock,TX 78665 with other general conditions unless Multipurpose Complex 2001 N Kenney Fort Blvd,Round Rock,TX 78665 this document is modified. Work Package 2 Lakeview Area The City is currently under contract and designing Lakeview Area with Waeltz&Prete, Inc.to develop a larger pavilion, larger restroom(connected to sewer), stage,festival area improvements,lighting and electrical improvements,Joanne Land Playground Replacement,associated site amenities and landscaping,etc. Work Package 3A Harrell Parkway,Lakeview Parking,and Apex Relocation The City is currently under contract with Kimley Horn and Associates for the design of constructing Harrell Parkway from US 79 to Old Settlers Drive.Improvements will consist of pavement reconstruction(maintaining a two-lane section),bridge replacement at Chandlers Branch, intersection improvements,culvert improvements,approximately one-half mile of roadway realignment,two new pedestrian grade separations(overpass and underpass),and retaining walls to support embankments. Additionally, Sports Capital Crossing and an additional Kenney Fort Connection approximately 900 ft north of the Dell Diamond Parking lot will be(re)constructed. As part of this project,two natural grass flat fields will be relocated(Apex Field Relocation)as well as construction of associated parking relocation. Work Package 3B Tennis Complex,Parking Rclo,and Maintenance Yard Design Firm is currently being selected for Tennis/Pickleball Complex- 12 post-tension concrete tennis courts,associated shade, seating areas,fencing,parking,site work(design Init. AIA Document Al 33—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 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) for ultimate buildout of 18 courts),5 covered pickleball courts,associated social areas,parking and site work.New PARD Maintenance Yard-25,000 SF conditioned warehouse with loading dock,2-3 6,000 SF pole barns,tree nursery,2,000 SF metal building(gator storage),4,000 SF employee breakroom,fueling and chemical storage area,parking for equipment, trailers,trucks,personal vehicles,etc.,fencing,multiple gates(Harrell Pkwy and Kenney Fort),and associated site work. Work Package 3C Recreation Center,Admin Offices,Track,Fields,and Rock'N River Phase 3 The City is currently seeking to contract with an engineering/landscape firm and an architectural design firm for the design of Admin Offices(26,000 SF)including lobby,admin offices,conference rooms,rec/event storage,camp room/meeting room,loading dock,and support spaces. Recreation Center(20,000 SF)to include 1 gym and fitness area,outdoor track,and field area,4 lighted synthetic fields,and associated parking and site work. Work Package 3D MPC Expansion The City is currently seeking to contract with an engineering/landscape firm and an architectural design firm for the design of Multipurpose Complex Expansion- 1 natural grass championship soccer field and 5 synthetic turf soccer fields. 9,200 SF clubhouse with locker rooms,meeting rooms,admin/operations office,restrooms,storage rooms,and support spaces.Auxiliary building with restrooms,storage,and concessions.Parking,lighting,bleachers/seating,shade structures,and related sitework. The Architect: (Name, legal status, address, and other information) Kimley Horn and Associates,Inc. 5301 Southwest Parkway,Building 3,Suite 100 Austin,Texas 78735 512-646-2237 Architect-TBD 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 16:31:02 ET on 2 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for 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: (1936225845) 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.) Onwer's program to be developed by Kimley Horn and Architect TBD § 1.1.2 The Project's physical characteristics: (Identify 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) Buildout of Old Settlers Park,Round Rock,Texas according to City's Old Settlers Park Master Plan § 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.) 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 16:31:02 ET on 3 01/22/2024 under Order No.2114503100 which expires on 01121/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1936225845) Anticipated construction budget$140,000,000.00.The City has multiple funding sources for the Project including 2023 GO Bonds approved by Round Rock voters in May of 2023,Type B Funds,and allocations from the General Self Finance Construction budget.Estimated budgets for work packages are: Work Package 2 Lakeview Area$11,000,000 Work Package 3A Harrell Parkway,Lakeview Parking,and Apex Relocation $18,000,000 Work Package 3B Tennis Complex,Parking Relo,and Maintenance Yard$9,755,000 Work Package 3C Recreation Center,Admin Offices,Track,Fields,and Rock'N River Phase3$54,400,000 Work Package 3D MPC Expansion$40,462,000 § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: See Attachment Exhibit A .2 Construction commencement date: See Attachment Exhibit A .3 Substantial Completion date or dates: See Attachment Exhibit A .4 Other milestone dates: See Attachment Exhibit A § 1.1.5 The Owner's requirements for accelerated or fast-track scheduling,or phased construction,are set forth below: (Identify any requirements for fast-track scheduling or phased construction) N/A § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) N/A § 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. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) Maintain current Old Settlers Park scheduled events during construction operations, § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information) Richard Will,Building Construction Manager 212 Commerce Blvd Round Rock,Texas 78644 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 16:31:02 ET on 4 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1936225845) § 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) Austin Powers,Kimley Horn Architect TDB Gina Corderio,PM General Services Brain Stillman,Operations Manager,Sports Management and Tourism Katie Baker,Parks Development Manager,Parks and Recreations Department Gregory Ciaccio,Project Manager,Transportation Department § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: Arnie Hammock,PE ROCK ENGINEERING AND TESTING LABORATORY,LLC(TBPE FIRM NO.2101) 7 ROUNDVILLE LANE•AUSTIN,TEXAS,78664 OFFICE:(512)284-8022 .2 Civil Engineer: Austin Powers Kimley Horn and Associates,Inc. 5301 Southwest Parkway,Building 3,Suite 100 Austin,Texas 78735 512-646-2237 .3 Other,if any: (List any other consultants retained by the Owner,such as a Project or Program Manager.) SAM COMPANIES 512.447.0575 Office TBPELS#10064300 Preferred Technologies—security and cameras Aaron Jamieson aaronjamieson@pref-tech.com 737-222-1158 Austin Structured Cabling—IT and AV Jayson LeBlanc jleblanc@austinstructuredcabling.com 512-964-1561 m. HTS—Controls Bo Burns Bo.Bums@hts.com C 512.923.4150 Facilities Resources—Furniture Heidi Chiappardi RID,IrDA,NCrDQ hchiappardi@fri-texas.com M: 214-402-9397 § 1.1.11 The Architect's representative: (List name, address, and other contact information.) TBD § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information) Tyler Wenzel SpawGlass Contractors,Inc. 1111 Smith Road Austin,Texas 78721 Telephone Number 512-719-5251 § 1.1.13 The Owner's requirements for the Construction Manager's staffing plan for Preconstruction Services,as required under Section 3.1.9: 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 16:31:02 ET on 5 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225645) (List any Owner-specific requirements to be included in the staffingplan) Exhibit B Construction Manager at Risk Response Form § 1.1.14 The Owner's requirements for subcontractor procurement for the performance of the Work: (List any Owner-specific requirements for subcontractor procurement.Prequalify key subcontractors,Texas State Statutes § 1.1.15 Other Initial Information on which this Agreement is based: Project scheduling and milestone subject to decision by Owner,Consultants,and Construction Manager based on the Exhibit A initial schedule. § 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 in furthering the interests 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 the Owner's interests.The Owner agrees to 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. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase,AIA Document A201 rm-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 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 16:31:02 ET on s 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with f the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1936225845) 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 and Architect 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 Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect 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.The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 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,using AIA Document E203T"L2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. § 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 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 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. 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 16:31:02 ET on 7 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) § 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 and Architect 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 E234T"-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 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) 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 16:31:02 ET on 8 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (19362251145) The intent of the Pre-Construction services phase is to work with the project's Owner,Architect(s),and 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 engineering,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 2 Lakeview Area 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. When 60%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. H. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. I. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. J. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. B.Work Package 3A Harrell Parkway,Lakeview Parking,and Apex Relocation K. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). L. Consult with the Owner and Engineer regarding site use and improvements,and the selection of materials,and equipment. M. 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. N. 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. O. 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. P. 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. Q. When 60%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. R. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. 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 16:31:02 ET on 9 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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.cwm. User Notes: (1936225845) S. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. T. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statute procurement guidelines.Facilitate and attend pre-bid conferences. C. Work Package 3B Tennis Complex,Parking Relo,and Maintenance Yard U. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). V. Consult with the Owner and Engineer regarding site use and improvements,and the selection of materials,and equipment. W. 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. X. 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. Y. 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. Z. Provide a preliminary evaluation of the Owner's program and Project budget requirements. AA. 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. BB. When 60%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. CC. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. DD. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. EE. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. D. Work Package 3C Recreation Center,Admin Offices,Track,Fields,and Rock'N River Phase 3 FF. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). GG. Consult with the Owner and Engineer regarding site use and improvements,and the selection of materials,and equipment. HH. 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. II. 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. H. 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. KK. Provide a preliminary evaluation of the Owner's program and Project budget requirements. LL. 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. MM. When 60%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. 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 16:31:02 ET on 0 01/22/2024 under Order No.2114503100 which expires on 01/21!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: (1936225845) NN. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. 00. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. PP. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. QQ. Provide a preliminary evaluation of the Owner's program and Project budget requirements. RR. With the Architect,jointly schedule and attend regular meetings with the Owner and Architect. SS. Consult with the Owner and Architect regarding site use and improvements,and the selection of materials, building systems,and equipment. TT. 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 economics. W. Prepare,and periodically update,a preliminary Project schedule for the Architect's review and the Owner's approval.Coordinate and integrate the schedule with the services and activities of the Owner,Architect,and Construction Manager. W. Prepare for the review of the Architect and approval of the Owner a preliminary cost estimate utilizing area, volume,or similar conceptual estimating techniques. WW. When Schematic Design Documents have been prepared,prepare for the review of the Architect 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. XX. When Design Documents have been prepared,prepare for the review of the Architect 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. YY. When 50%Construction Documents have been prepared,prepare for the review of the Architect 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. ZZ. Seek to develop subcontractor interest in the Project and furnish to the Owner and Architect for their information a list of possible subcontractors. AAA. Recommend to the Owner and Architect a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. BBB. When the Drawings and Specifications have reached an agreed upon percentage completion or are no more than 95%complete,propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. E. Work Package 3D MPC Expansion CCC. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). DDD. Consult with the Owner and Engineer regarding site use and improvements,and the selection of materials,and equipment. EEE. 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. FFF. 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. GGG. 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. HHH. Provide a preliminary evaluation of the Owner's program and Project budget requirements. III. 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. 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 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) JJJ. When 60%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. KKK. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. LLL. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. MMM. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. NNN. Provide a preliminary evaluation of the Owner's program and Project budget requirements. 000. With the Architect,jointly schedule and attend regular meetings with the Owner and Architect. PPP. Consult with the Owner and Architect regarding site use and improvements,and the selection of materials, building systems,and equipment. QQQ. 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 economics. RRR. Prepare,and periodically update,a preliminary Project schedule for the Architect's review and the Owner's approval.Coordinate and integrate the schedule with the services and activities of the Owner,Architect,and Construction Manager. SSS. Prepare for the review of the Architect and approval of the Owner a preliminary cost estimate utilizing area, volume,or similar conceptual estimating techniques. TTT. When Schematic Design Documents have been prepared,prepare for the review of the Architect 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. UUU. When Design Documents have been prepared,prepare for the review of the Architect 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. VVV. When 50%Construction Documents have been prepared,prepare for the review of the Architect 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. WWW. Seek to develop subcontractor interest in the Project and furnish to the Owner and Architect for their information a list of possible subcontractors. XXX. Recommend to the Owner and Architect a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. YYY. When the Drawings and Specifications have reached an agreed upon percentage completion or are no more than 95%complete,propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. § 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: 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 16.31:02 ET on 12 01/22/2024 under Order No.2114503100 which expires on 01/21/1025,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: (1936225845) .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. § 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. 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 16:31:02 ET on 13 01/22/2024 under Order No.2114503100 which expires on 01121/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with f the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.cwm. User Notes: (1936225845) § 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 Architect,and shall provide this information in its monthly reports to the Owner and Architect,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. § 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 fumish 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 with reasonable promptness 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. 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 16:31:02 ET on 14 01/22/2024 under Order No.2114503100 which expires on 01121/2025,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: (1936225845) § 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 with reasonable promptness 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"t--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 133Tm-2019,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 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) Two hundred seventy five thousand dollars and no cents($275,000.00)plus a pre work allowance of five hundred thousand dollars and no cents($500,000.00)for a total of seven hundered-seventy five thousand dollars and no cents ($775,000.00) §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.) N/A Individual or Position Rate N/A N/A § 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. Init. AIA Document All 33—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 16:31:02 ET on 5 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documentsm Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1936225845) § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within twelve( 12) 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 (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. (Insert rate of monthly or annual interest agreed upon) (Paragraph deleted) Interest shall be pursuant to the 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 otherprovision for determining the Construction Manager's Fee) 3.5% § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: 3.5% § 6.1.4 Limitations,if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: 15%overhead and profit § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed zero percent(0%)of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any.) Five thousand dollars($5,000)per day § 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) N/A § 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. 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 16:31:02 ET on 16 01/22/2024 under Order No.2114503100 which expires on 01121/2025,is not for 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: (1936225845) § 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. 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: (Idents the personnel, type of activity and, if applicable,any agreed upon percentage of time to be devoted to the Work.) N/A § 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. 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 16:31:02 ET on 17 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) § 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. § 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. 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 16:31:02 ET on 18 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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. UserNotea: (1936225845) § 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 had reason to believe 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,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. § 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 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 16:31:02 ET on 19 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) 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 .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 the Construction Manager may require that a Change Order 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. �tt�t 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 16:31:02 ET on 20 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) § 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. § 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 25th 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 Architect 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. 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 16:31:02 ET on 21 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1936225645) § 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. § 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% § 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.) N/A 111.1.8.2 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) 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 16:31:02 ET on 22 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacwntracts.com. User Notes: (1936225145) Acceptance by owner for final acceptance of the work and all applicable requirements.Reference City of Round Rock Standards for Final Acceptance of the Work. 111.1.8.3 Except as set forth in this Section 11.1.8.3,upon Substantial 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 Substantial Completion) Acceptance by owner for final acceptance of the work and all applicable requirements.Reference City of Round Rock Standards for Final Acceptance of the Work. §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 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. 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 16:31:02 ET on 23 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1936225845) § 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 Texas Prompt Payment Act 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.) Austin Powers Kimley Horn and Associates,Inc. 5301 Southwest Parkway,Building 3,Suite 100 Austin,Texas 78735 512-646-2237 § 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.) [ ] Arbitration pursuant to Article 15 of AIA Document A201-2017 [X ] Litigation in a court of competent jurisdiction 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 16:31:02 ET on 24 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) [ ] Other: (Specify) 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 terns 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: .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. 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 16:31:02 ET on 25 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225645) § 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.) § 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. 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 16:31:02 ET on 26 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) § 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 Five million ($ 5,000,000.00 )for each occurrence and ten million ($ 10,000,000.00 )in the aggregate for bodily injury and property damage. § 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 five million ($5,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided that such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 14.3.1.1 and 14.3.1.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 14.3.1.4 Workers'Compensation at statutory limits and Employers Liability with policy limits not less than one million ($ 1,000,000.00 )each accident,one million ($ 1,000,000.00 )each employee,and one million ($ 1,000,000.00 ) policy limit. § 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 zero ($ 0 )per claim and zero ($0 )in the aggregate. § 14.3.1.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits) Coverage Limits Builders Risk Per construction guaranteed maximum price § 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 AI33T"--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: 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 16:31:02 ET on 27 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documentsm Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1936225845) (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) N/A § 14.5 Other provisions: N/A 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 A 133Tm-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 A133T11-2019,Exhibit A,Guaranteed Maximum Price Amendment,if executed .3 AIA Document A133Tm-2019,Exhibit B,Insurance and Bonds .4 AIA Document A201 TM-2017,General Conditions of the Contract for Construction .5 AIA Document E203T"IL-2013,Building Information Modeling and Digital Data Exhibit,dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) .6 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.) [ ) Supplementary and other Conditions of the Contract: Document Title Date Pages .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 or proposals, 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.) RFP-CMAR_OSP Buildout SpawGlass Buildout Old Settlers Park 10262023 This Agreement is entered into as of the day and year first written above. In1t. 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 16:31:02 ET on 28 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1936225845) OWNER(Si ature) CO TION M ER(Signature) CraigMoranMV avid Paden stdent Austin Division (Printed name and title) ame 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 16:31:02 ET on 29 01/22/2024 under Order No'2114503100 which expires on 01/21/2025,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: (1936225845) Additions and Deletions Report for AIA®Document A 133®— 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 16:31:02 ET on 01/22/2024. PAGE 1 City of Round Rock 221 East Main Street Round Rock,Texas 78644 Telephone Number 512-218-5400 SpawGlass Contractors,Inc. 111 I Smith Road Austin,Texas 78721 Telephone Number 512-719-5251 Old Settlers Park Buildout Old Settlers Park 3300 E Palm Valley Blvd,Round Rock,TX 78665 Multipurpose Complex 2001 N Kenney Fort Blvd,Round Rock,TX 78665 Work Package 2 Lakeview Area The City is currently under contract and designing Lakeview Area with Waeltz&Prete,Inc.to develop a larger pavilion,larger restroom(connected to sewer),stage,festival area improvements, lighting and electrical improvements,Joanne Land Playground Replacement,associated site amenities and landscaping etc. Work Package 3A Harrell Parkway,Lakeview Parking,and Apex Relocation The City is currently under contract with Kimley Horn and Associates for the design of constructing Harrell Parkway from US 79 to Old Settlers Drive.Improvements will consist of pavement reconstruction(maintaining a two-lane section),bridge replacement at Chandlers Branch,intersection improvements,culvert improvements,approximate one-half mile of roadway realignment,two new pedestrian grade separations(overpass and underpass),and retaining walls to support embankments. Additionally,Sports Capital Crossing and an additional Kenney Fort Connection approximately 900 ft north of the Dell Diamond Parking lot will be(re)constructed.As part of this project,two natural grass flat fields will be relocated(Apex Field Relocation)as well as construction of associated parking relocation. Work Package 3B Tennis Complex,Parking Relo,and Maintenance Yard Design Firm is currently being selected for Tennis/Pickleball Complex- 12 post-tension concrete tennis courts, associated shade,seating areas,fencing parking,site work(design for ultimate buildout of 18 courts),5 covered pickleball courts,associated social areas,parking and site work.New PARD Maintenance Yard-25,000 SF conditioned warehouse with loading dock,2-3 6,000 SF pole barns,tree nursery,2,000 SF metal building(gator storage),4,000 SF employee breakroom,fueling and chemical storage area,parking for equipment,trailers,trucks, personal vehicles,etc.,fencing,multipleag tes(Harrell Pkwy and Kenney Fort),and associated site work. Work Package 3C Recreation Center,Admin Offices,Track,Fields,and Rock'N River Phase 3 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 produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/2112025,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: (1936225845) The City is currently seeking to contract with an en in�eering/landscape firm and an architectural design firm for the design of Admin Offices(26,000 SF)including lobby,admin offices,conference rooms rec/event storage camp room/meeting room,loading dock,and support spaces. Recreation Center(20,000 SF)to include 1 gym and fitness area,outdoor track,and field area,4 lighted� synthetic fields,and associated parking and site work Work Package 3D MPC Expansion The City is currently seeking to contract with an engineeringAandscgpe firm and an architectural design firm for the design of Multipurpose Complex Expansion- 1 natural grass championship soccer field and 5 synthetic turf soccer fields.9,200 SF clubhouse with locker rooms,meeting rooms,admin/operations office,restrooms storage rooms and support spaces.Auxiliary building with restrooms,storage,and concessions.Parking,lighting,bleachers/seating, shade structures,and related sitework. The Architect: (Name, legal status, address, and other information) Kimley Hom and Associates,Inc. 5301 Southwest Parkway,Building 3,Suite 100 Austin,Texas 78735 512-646-2237 Architect-TBD PAGE 3 Onwer's program to be developed by Kimley Hom and Architect TBD Buildout of Old Settlers Park,Round Rock,Texas accordingto o City's Old Settlers Park Master Plan PAGE 4 Anticipated construction budget$140,000,000.00.The City has multiple funding sources for the Project including 2023 GO Bonds approved by Round Rock voters in May of 2023,Type B Funds,and allocations from the General Self Finance Construction budget.Estimated budgets for work packages are: Work Package 2 Lakeview Area$11,000,000 Work Package 3A Harrell Parkway,Lakeview Parking,and Apex Relocation $18,000,000 Work Package 3B Tennis Complex,Parking Relo,and Maintenance Yard$9,755,000 Work Package 3C Recreation Center,Admin Offices,Track,Fields,and Rock'N River Phase3$54,400,000 Work Package 3D MPC Expansion$40,462,000 See Attachment Exhibit A See Attachment Exhibit A See Attachment Exhibit A See Attachment Exhibit A 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 draft 2 was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225645) N/A N/A Maintain current Old Settlers Park scheduled events during construction operations, Richard Will,Building Construction Manager 212 Commerce Blvd Round Rock,Texas 78644 PAGE 5 Austin Powers,Kimle Architect TDB Gina Corderio,PM General Services Brain Stillman,Operations Manager,Sports Management and Tourism Katie Baker,Parks Development Manager,Parks and Recreations Department Gregory Ciaccio,Project Manager,Transportation Department Amie Hammock,PE ROCK ENGINEERING AND TESTING LABORATORY,LLC(TBPE FIRM NO.2101) 7 ROUNDVILLE LANE•AUSTIN,TEXAS,78664 OFFICE:(512)284-8022 Austin Powers Kimley Hom and Associates,Inc. 5301 Southwest Parkway,Building 3,Suite 100 Austin,Texas 78735 512-646-2237 (List any other consultants retained by the Owner,such as a Project or Program Manager.) SAM COMPANIES 512.447.0575 Office TBPELS#10064300 Preferred Technologies—security and cameras Aaron Jamieson aaronjamieson(a)pref-tech.com 737-222-1158 Austin Structured Cabling—IT and AV Jayson LeBlanc jleblanc(cbaustinstructuredcabling.com 512-964-1561 m. HTS—Controls Bo Bums Bo.Bums@,hts.com C 512.923.4150 Facilities Resources—Fumiture Heidi Chiappardi RID,IIDA,NCIDQ hchiappardi@fri-texas.com M: 214-402-9397 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 draft 3 was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) TBD Tyler Wenzel SpawGlass Contractors,Inc. 1 111 Smith Road Austin,Texas 78721 Telephone Number 512-719-5251 PAGE 6 Exhibit B Construction Manager at Risk Response Form (List any Owner-specific requirements for subcontractor pFeeurerfinent.) procurement.Prequalify keysubcontractors,Texas State Statutes Project scheduling and milestone subject to decision by Owner,Consultants,and Construction Manager based on the Exhibit A initial schedule. PAGE 9 The intent of the Pre-Construction services phase is to work with the project's Owner,Architect(s),and En ince 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 engineering,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 2 Lakeview Area A. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and En ingLeer(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 utilizinglinear inear 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,pEWare 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. When 60%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. H. Seek to develop subcontractor interest in the Project and famish to the Owner and Engineer for their information a list of possible subcontractors. I. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery_of long-lead items. 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 draft 4 was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) J. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. B.Work Package 3A Harrell Parkway,Lakeview Parking and Apex Relocation K. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s) L. Consult with the Owner and Engineer regarding site use and improvements,and the selection of materials and equipment. M. Provide recommendations on construction feasibility,time requirements for procurement,installation,and construction completion and factors related to construction cost,including estimates of altemative designs or materials,preliminary budgets,and possible cost savings. N. Prepare for the review of the Engineer and approval of the Owner a preliminary cost estimate utilizinglinear inear feet,square feet,or similar conceptual estimatingtechniques. chniques. O. 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. P. 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. O. When 60%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. R. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. S. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. T. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statute procurement guidelines.Facilitate and attend pre-bid conferences. C. Work Package 3B Tennis Complex,Parking Relo,and Maintenance Yard U. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s). V. Consult with the Owner and Engineer regarding site use and improvements,and the selection of materials, and equipment. W. Provide recommendations on construction feasibility,time requirements for procurement,installation,and construction completion and factors related to construction cost,including estimates of altemative designs or materials,preliminM budgets,and possible cost savings. X. Prepare for the review of the Engineer and approval of the Owner a preliminary cost estimate utilizinglinear inear feet,square feet,or similar conceptual estimating techniques. Y. 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. Z. Provide a preliminary evaluation of the Owner's program and Project budget requirements. AA. When 30%Design Documents have been prepared,prepare for the review of the Engineer and approval of the Owner,a detailed estimate with supportingdata,ata,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. BB. When 60%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 gpproved estimates or the Owner's budget,the Construction Manager shall make appropriate recommendations. CC. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. DD. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. 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 draft 5 was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01121/2025,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: (1936225845) EE. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% _Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. D. Work Package 3C Recreation Center,Admin Offices,Track Fields and Rock'N River Phase 3 FF. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and Engineer(s) GG. Consult with the Owner and Engineer regarding site use and improvements and the selection of materials and equipment. HH. Provide recommendations on construction feasibility,time requirements for procurement installation and construction completion and factors related to construction cost,including estimates of altemative designs or materials,preliminary budgets,and possible cost savings. II. 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. jj. 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. KK Provide a preliminary evaluation of the Owner's program and Project budget requirements LL. When 30%Desist 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. MM When 60%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. NN. Seek to develop subcontractor interest in the Project and furnish to the Owner and Engineer for their information a list of possible subcontractors. 00. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. PP. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. 00. Provide apreliminM evaluation of the Owner's program and Project budget requirements. RR. With the Architect,jointly schedule and attend regular meetings with the Owner and Architect. SS. Consult with the Owner and Architect regarding site use and improvements,and the selection of materials, building systems,and equipment. TT. 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 economics. W. Prepare,and periodically update,a preliminary Project schedule for the Architect's review and the Owner's approval. Coordinate and integrate the schedule with the services and activities of the Owner,Architect,and Construction Manager. W. Prepare for the review of the Architect and approval of the Owner a preliminary cost estimate utilizing area, volume,or similar conceptual estimating techniques. WW. When Schematic Design Documents have been prepared,prepare for the review of the Architect 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. XX. When Design Documents have been prepared,prepare for the review of the Architect 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. YY. When 50%Construction Documents have been prepared,prepare for the review of the Architect 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. 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 draft s was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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@laiacontracts.com. User Notes: (1936225845) zz. Seek to develop subcontractor interest in the Project and furnish to the Owner and Architect for their information a list of possible subcontractors. AAA. Recommend to the Owner and Architect a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. BBB. When the Drawings and Specifications have reached an agreed upon percentage completion or are no more than 95%complete,propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. E. Work Package 3D MPC Expansion CCC. With the Engineer(s),jointly schedule and attend regular meetings with the Owner and En tg�neer(s). DDD. Consult with the Owner and Engineer regarding site use and improvements,and the selection of materials, and equipment. EEE. 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. FFF. Prepare for the review of the Engineer and approval of the Owner a preliminary cost estimate utilizing linear feet,square feet,or similar conceptual estimatingtgues. GGG. 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. HHH. Provide a preliminary evaluation of the Owner's program and Project budget requirements. III. 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. JJJ. When 60%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. KKK. Seek to develop subcontractor interest in the Project and famish to the Owner and Engineer for their information a list of possible subcontractors. LLL. Recommend to the Owner and Engineer a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. MMM. When the Drawings and Specifications are complete to an agreed upon percentage or no more than 90% Construction Documents propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. NNN. Provide a preliminary evaluation of the Owner's program and Project budget requirements. 000. With the Architect,jointly schedule and attend regular meetings with the Owner and Architect. PPP. Consult with the Owner and Architect regarding site use and improvements,and the selection of materials, building systems,and equipment. 000. 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 economics. RRR. Prepare,and periodically update,a preliminary Project schedule for the Architect's review and the Owner's approval.Coordinate and integrate the schedule with the services and activities of the Owner,Architect,and Construction Manager. SSS. Prepare for the review of the Architect and approval of the Owner a preliminary cost estimate utilizing area, volume,or similar conceptual estimating techniques. TTT. When Schematic Design Documents have been prepared,prepare for the review of the Architect 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. UUU. When Design Documents have been prepared,prepare for the review of the Architect 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. Additions and Deletions Report for AIA Document At 33—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 draft 7 was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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.cwm. User Notes: (1936225845) VVV. When 50%Construction Documents have been prepared,prepare for the review of the Architect 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. WWW. Seek to develop subcontractor interest in the Project and furnish to the Owner and Architect for their information a list of possible subcontractors. JX. Recommend to the Owner and Architect a schedule for procurement of long-lead time items and expedite the delivery of long-lead items. YYY. When the Drawings and Specifications have reached an agreed upon percentage completion or are no more than 95%complete,propose a detailed Guaranteed Maximum Price by competitively bidding following state statutes procurement guidelines.Facilitate and attend pre-bid conferences. PAGE 15 Two hundred seventy five thousand dollars and no cents($275.000.00)plus a pre work allowance of five hundred thousand dollars and no cents($500.000.00)for a total of seven hundered-seventy five thousand dollars and no cents ($775,000.00) N/A N/A N/A PAGE 16 § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within twelve( 12) 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. Interest shall be pursuant to the Texas Prompt Payment Act 3.5% 3.5% 15%overhead and profit § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed zero percent(0%)of the standard rental rate paid at the place of the Project. 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 draft 8 was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) Five thousand dollars($5,000)per day N/A § 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 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 17 N/A § 7.2.4 Costs paid or incurred by the Construction Manager,as required by law or collective bargaining agreements, for taxes,insurance,contributions,assessments-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 21 § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 25'' day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the day-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 f—}45 days after the Architect receives the Application for Payment. PAGE 22 5% N/A PAGE 23 Acceptance by owner for final acceptance of the work and all applicable requirements.Reference City of Round Rock Standards for Final Acceptance of the Work. Acceptance by owner for final acceptance of the work and all applicable requirements.Reference City of Round Rock Standards for Final Acceptance of the Work. PAGE 24 Pursuant to Texas Prompt Payment Act Austin Powers Kimley_Horn and Associates,Inc. 5301 Southwest Parkway,Building 3,Suite 100 Austin,Texas 78735 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 draft 9 was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) 512-646-2237 [X Litigation in a court of competent jurisdiction PAGE 27 § 14.3.1.1 Commercial General Liability with policy limits of not less than Five million ($ 5,000,000.00 )for each occurrence and ten million ($ 10,000,000.00 )in the aggregate for bodily injury and property damage. § 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 five million ($5,000,000.00 )per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than one million ($ 1,000,000.00 )each accident,one million ($ 1,000,000.00 )each employee,and one million ($ 1,000,000.00 )policy limit. § 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 zero ($ QJ per claim and zero ($Q_J in the aggregate. Builders Risk Per construction guaranteed maximum price PAGE 28 NA NA RFP-CMAR OSP Buildout SpawGlass Buildout Old Settlers Park 10262023 PAGE 29 Craig Morgan,Mayor David Paden,President Austin Division 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 draft 1 O was produced at 16:31:02 ET on 01/22/2024 under Order No.2114503100 which expires on 01/21/2025,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: (1936225845) Certification of Document's Authenticity AIA Document D401 TM — 2003 I,Stephanie L.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 16:31:02 ET on 01/22/2024 under Order No.2114503100 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A 133TM—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. (Title) a,2/ iy�y (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 16:31:02 ET on 01/22/2024 under Order No.2 1 14503100 which expires on 01/21/2025,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: (1936225845) 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. 53 =-i-I.&AIA Document A201 " - 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Old Settlers Buildout Old Settlers Park 3300 E.Palm Valley Blvd.,Round Rock,TX 78665 ADDITIONS AND DELETIONS: The author of this document has THE OWNER: added information needed for its (Name, legal status and address) completion.The author may also City of Round Rock have revised the text of the original AIA standard form.An Additions and 221 East Main Street Deletions Report that notes added Round Rock,TX 78664 information as well as revisions to the standard form text is available from THE ARCHITECT: the author and should be reviewed.A (Name, legal status and address) vertical line in the left margin of this TBD document indicates where the author has added necessary information and where the author has added to or TABLE OF ARTICLES deleted from the original AIA text. 1 GENERAL PROVISIONS This document has important legal consequences.Consultation with an 2 OWNER attorney is encouraged with respect to its completion or modification. 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 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.All rights reserved."The Init. 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 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for t 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: (1735355499) INDEX Architect's Administration of the Contract (Topics and numbers in bold are section headings.) 3.1.3,4.2,3.7.4, 15.2,9.4.1,9.5 Architect's Approvals 2.4,3.1.3,3.5,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3, 12.3 3.5,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.1.7, 1.5 Access to Work Architect's Decisions 3.16,6.2.1, 12.1 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Accident Prevention 7.3.7,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 10 13.5.2, 15.2, 15.3 Acts and Omissions Architect's Inspections 3.2,3.3.2,3.12.8,3.18,4.2.3,8.3.1,9.5.1, 10.2.5, 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Architect's Instructions Addenda 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2 1.1.1,3.11 Architect's Interpretations Additional Costs,Claims for 4.2.11,4.2.12 3.7.4,3.7.5,6.1.1,7.3.7.5, 10.3, 15.1.4 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.4.2,9.8.3, 12.2.1,13.5 Architect's Relationship with Contractor Additional Insured 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5, 11.1.4 3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16,3.18, Additional Time,Claims for 4.1.2,4.1.3,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, 3.2.4,3.7.4,3.7.5,3.10.2,8.3.2, 15.1.5 9.7,9.8,9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5,15.2 Administration of the Contract Architect's Relationship with Subcontractors 3.1.3,4.2,9.4,9.5 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3.7 Advertisement or Invitation to Bid Architect's Representations 1.1.1 9.4.2,9.5.1,9.10.1 Aesthetic Effect Architect's Site Visits 4.2.13 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 Allowances Asbestos 3.8,7.3.8 10.3.1 All-risk Insurance Attorneys'Fees 11.3.1, 11.3.1.1 3.18.1,9.10.2, 10.3.3 Applications for Payment Award of Separate Contracts 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.6.3,9.7,9.10, 11.1.3 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1,2.2.2,2.4,3.1.3,3.10.2,3.12.8,3.12.9,3.12.10, Portions of the Work 4.2.7,9.3.2, 13.5.1 5.2 Arbitration Basic Definitions 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1,5.2.1, 11.4.1 Architect,Definition of Binding Dispute Resolution 4.1.1 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, Architect,Extent of Authority 15.3.2, 15.4.1 2.4,3.12.7,4.1,4.2,5.2,6.3,7.1.2,7.3.7,7.4,9.2, Boiler and Machinery Insurance 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 11.3.2 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Bonds,Lien Architect,Limitations of Authority and Responsibility 7.3.7.4,9.10.2,9.10.3 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, Bonds,Performance,and Payment 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4,9.4.2, 7.3.7.4,9.6.7,9.10.3, 11.3.9,11.4 9.5.3,9.6.4, 15.1.3, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 2 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Capitalization Compliance with Laws 1.3 1.6,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4, 10.2.2, Certificate of Substantial Completion 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 9.8.3,9.8.4,9.8.5 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 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, 15.1.3 Conditions of the Contract Certificates of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 13.5.4 Consent,Written Certificates of Insurance 3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5,9.9.1, 9.10.2, 11.1.3 9.10.2,9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Change Orders Consolidation or Joinder 1.1.1,2.4,3.4.2,3.7.4,3.8.2.3,3.11,3.12.8,4.2.8, 15.4.4 5.2.3,7.1.2,7.1.3,7.2,7.3.2,7.3.6,7.3.9,7.3.10,8.3.1, CONSTRUCTION BY OWNER OR BY 9.3.1.1,9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, SEPARATE CONTRACTORS 15.1.3 1.1.4,6 Change Orders,Definition of Construction Change Directive,Definition of 7.2.1 7.3.1 CHANGES IN THE WORK Construction Change Directives 2.2.1,3.11,4.2.8,7,7.2.1,7.3.1, 7.4,8.3.1,9.3.1.1, 1.1.1,3.4.2,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, 11.3.9 9.3.1.1 Claims,Definition of Construction Schedules,Contractor's 15.1.1 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 CLAIMS AND DISPUTES Contingent Assignment of Subcontracts 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4, 10.3.3, 15, 15.4 5.4, 14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 15.4.1 15.1.3 Claims for Additional Cost Contract,Definition of 3.2.4,3.7.4,6.1.1,7.3.9, 10.3.2, 15.1.4 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR 3.2.4,3.7.4,6.1.1,8.3.2, 10.3.2, 15.1.5 SUSPENSION OF THE Concealed or Unknown Conditions,Claims for 5.4.1.1, 11.3.9, 14 3.7.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.1.1, Contract Award and Execution,Conditions Relating 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.3.6, 11.4.1 15.3.1, 15.4.1 Contract Documents,Copies Furnished and Use of Cleaning Up 1.5.2,2.2.5,5.3 3.15,6.3 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2.2.1,3.2.2,3.4.1,3.7.1,3.10.1,3.12.6,5.2.1,5.2.3, Contract Sum 6.2.2,8.1.2,8.2.2,8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 3.7.4,3.8,5.2.3,7.2,7.3,7.4,9.1,9.4.2,9.5.1.4,9.6.7, 15.1.4 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Commencement of the Work,Definition of Contract Sum,Definition of 8.1.2 9.1 Communications Facilitating Contract Contract Time Administration 3.7.4,3.7.5,3.10.2,5.2.3,7.2.1.3,7.3.1,7.3.5,7.4, 3.9.1,4.2.4 8.1.1,8.2.1,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2, Completion,Conditions Relating to 15.1.5.1, 15.2.5 3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, Contract Time,Definition of 9.10, 12.2, 13.7, 14.1.2 8.1.1 COMPLETION,PAYMENTS AND CONTRACTOR 9 3 Completion,Substantial Contractor,Definition of 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, 3.1,6.1.2 13.7 Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 3 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Contractor's Construction Schedules Cutting and Patching 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 3.14,6.2.5 Contractor's Employees Damage to Construction of Owner or Separate 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Contractors 11.1.1, 11.3.7, 14.1, 14.2.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, Contractor's Liability Insurance 12.2.4 11.1 Damage to the Work Contractor's Relationship with Separate Contractors 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 and Owner's Forces Damages,Claims for 3.12.5,3.14.2,4.2.4,6, 11.3.7, 12.1.2, 12.2.4 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.1.1, Contractor's Relationship with Subcontractors 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, Damages for Delay 11.3.1.2, 11.3.7, 11.3.8 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 Contractor's Relationship with the Architect Date of Commencement of the Work,Definition of 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5, 8.1.2 3.7.4,3.10,3.11,3.12,3.16,3.18,4.1.3,4.2,5.2,6.2.2, Date of Substantial Completion,Definition of 7,8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, 8.1.3 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Day,Definition of Contractor's Representations 8.1.4 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Decisions of the Architect Contractor's Responsibility for Those Performing the 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2,6.3, Work 7.3.7,7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 3.3.2,3.18,5.3,6.1.3,6.2,9.5.1, 10.2.8 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Contractor's Review of Contract Documents Decisions to Withhold Certification 3.2 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, 9.7 Rejection and Correction of Contractor's Right to Terminate the Contract 2.3,2.4,3.5,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 14.1, 15.1.6 9.9.3,9.10.4, 12.2.1 Contractor's Submittals Definitions 3.10,3.11,3.12.4,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1, 9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3, 11.4.2 15.1.1,5.1,6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1 Contractor's Superintendent Delays and Extensions of Time 3.9, 10.2.6 3.2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, Contractor's Supervision and Construction 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Procedures Disputes 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, 6.3,7.3.9, 15.1, 15.2 7.3.5,7.3.7,8.2, 10, 12, 14, 15.1.3 Documents and Samples at the Site Contractual Liability Insurance 3.11 11.1.1.8, 11.2 Drawings,Definition of Coordination and Correlation 1.1.5 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Drawings and Specifications,Use and Ownership of Copies Furnished of Drawings and Specifications 3.11 1.5,2.2.5,3.11 Effective Date of Insurance Copyrights 8.2.2, 11.1.2 1.5,3.17 Emergencies Correction of Work 10.4, 14.1.1.2, 15.1.4 2.3,2.4,3.7.3,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2 Employees,Contractor's Correlation and Intent of the Contract Documents 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 1.2 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Cost,Definition of Equipment,Labor,Materials or 7.3.7 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Costs 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3, 2.4,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 7.3.3.3,7.3.7,7.3.8,7.3.9,9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 4 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Execution and Progress of the Work Insurance,Boiler and Machinery 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3.1,3.4.1,3.5, 11.3.2 3.7.1,3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.5,8.2, Insurance,Contractor's Liability 9.5.1,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 11.1 Extensions of Time Insurance,Effective Date of 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 8.2.2, 11.1.2 10.4, 14.3, 15.1.5, 15.2.5 Insurance,Loss of Use Failure of Payment 11.3.3 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Insurance,Owner's Liability Faulty Work 11.2 (See Defective or Nonconforming Work) Insurance,Property Final Completion and Final Payment 10.2.5,11.3 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, Insurance,Stored Materials 12.3, 14.2.4, 14.4.3 9.3.2 Financial Arrangements,Owner's INSURANCE AND BONDS 2.2.1, 13.2.2, 14.1.1.4 11 Fire and Extended Coverage Insurance Insurance Companies,Consent to Partial Occupancy 11.3.1.1 9.9.1 GENERAL PROVISIONS Intent of the Contract Documents 1 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Governing Law Interest 13.1 13.6 Guarantees(See Warranty) Interpretation Hazardous Materials 1.2.3,1.4,4.1.1,5.1,6.1.2, 15.1.1 10.2.4,10.3 Interpretations,Written Identification of Subcontractors and Suppliers 4.2.11,4.2.12, 15.1.4 5.2.1 Judgment on Final Award Indemnification 15.4.2 3.17,3.18,9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, Labor and Materials,Equipment 11.3.7 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Information and Services Required of the Owner 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3, 2.1.2,2.2,3.2.2,3.12.4,3.12.10,6.1.3,6.1.4,6.2.5, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, Labor Disputes 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 8.3.1 Initial Decision Laws and Regulations 15.2 1.5,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4,9.9.1, Initial Decision Maker,Definition of 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 1.1.8 14, 15.2.8, 15.4 Initial Decision Maker,Decisions Liens 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 2.1.2,9.3.3,9.10.2,9.10.4, 15.2.8 Initial Decision Maker,Extent of Authority Limitations,Statutes of 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 12.2.5, 13.7, 15.4.1.1 15.2.5 Limitations of Liability Injury or Damage to Person or Property 2.3,3.2.2,3.5,3.12.10,3.17,3.18.1,4.2.6,4.2.7, 10.2.8, 10.4 4.2.12,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, 11.1.2, Inspections 11.2, 11.3.7, 12.2.5, 13.4.2 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Limitations of Time 9.9.2,9.10.1, 12.2.1, 13.5 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, Instructions to Bidders 5.2,5.3,5.4.1,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3, 1.1.1 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 11.1.3, 11.3.1.5, Instructions to the Contractor 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, 12, 13.5.2 Loss of Use Insurance Instruments of Service,Definition of 11.3.3 1.1.7 Material Suppliers Insurance 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 3.18.1,6.1.1,7.3.7,9.3.2,9.8.4,9.9.1,9.10.2, 11 Materials,Hazardous 10.2.4, 10.3 AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.All rights reserved."The Init. American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of 5 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Materials,Labor,Equipment and Owner's Authority 1.1.3, 1.1.6, 1.5.1,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13, 1.5,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3, 4.1.3,4.2.4,4.2.9,5.2.1,5.2.4,5.4.1,6.1,6.3,7.2.1, 9.5.1.3,9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1,9.6.4,9.9.1, Means,Methods,Techniques,Sequences and 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, Procedures of Construction 13.2.2, 14.3, 14.4, 15.2.7 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 Owner's Financial Capability Mechanic's Lien 2.2.1, 13.2.2, 14.1.1.4 2.1.2, 15.2.8 Owner's Liability Insurance Mediation 11.2 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, Owner's Relationship with Subcontractors 15.4.1 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Minor Changes in the Work Owner's Right to Carry Out the Work 1.1.1,3.12.8,4.2.8,7.1,7.4 2.4, 14.2.2 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, 1.1.2,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, Owner's Right to Stop the Work 10.3.2, 11.3.1 2.3 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 Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications 2.3,2.4,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service 12.2.1 1.1.1, 1.1.6, 1.1.7, 1.5,2.2.5,3.2.2,3.11,3.17,4.2.12, Notice 5.3 2.2.1,2.3,2.4,3.2.4,3.3.1,3.7.2,3.12.9,5.2.1,9.7, Partial Occupancy or Use 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 9.6.6,9.9, 11.3.1.5 14.1, 14.2, 15.2.8, 15.4.1 Patching,Cutting and Notice,Written 3.14,6.2.5 2.3,2.4,3.3.1,3.9.2,3.12.9,3.12.10,5.2.1,9.7,9.10, Patents 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1,13.3, 14, 15.2.8, 3.17 15.4.1 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, 3.7.4, 10.2.8,15.1.2, 15.4 14.2.3, 14.2.4, 14.4.3 Notice of Testing and Inspections Payment,Certificates for 13.5.1, 13.5.2 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, Observations,Contractor's 9.10.3, 13.7, 14.1.1.3, 14.2.4 3.2,3.7.4 Payment,Failure of Occupancy 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 2.2.2,9.6.6,9.8, 11.3.1.5 Payment,Final Orders,Written 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 1.1.1,2.3,3.9.2,7,8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 13.7, 14.2.4, 14.4.3 14.3.1 Payment Bond,Performance Bond and OWNER 7.3.7.4,9.6.7,9.10.3, 11.4 2 Payments,Progress Owner,Definition of 9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 2.1.1 PAYMENTS AND COMPLETION Owner,Information and Services Required of the 9 2.1.2,2.2,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, Payments to Subcontractors 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 PCB 10.3.1 Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 s Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Performance Bond and Payment Bond Rules and Notices for Arbitration 7.3.7.4,9.6.7,9.10.3,11.4 15.4.1 Permits,Fees,Notices and Compliance with Laws Safety of Persons and Property 2.2.2,3.7,3.13,7.3.7.4, 10.2.2 10.2, 10.4 PERSONS AND PROPERTY,PROTECTION OF Safety Precautions and Programs 10 3.3.1,4.2.2,4.2.7,5.3, 10.1, 10.2, 10.4 Polychlorinated Biphenyl Samples,Definition of 10.3.1 3.12.3 Product Data,Definition of Samples,Shop Drawings,Product Data and 3.12.2 3.11,3.12,4.2.7 Product Data and Samples,Shop Drawings Samples at the Site,Documents and 3.11,3.12,4.2.7 3.11 Progress and Completion Schedule of Values 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.3 9.2,9.3.1 Progress Payments Schedules,Construction 9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 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 Shop Drawings,Definition of 4.2.10 3.12.1 Property Insurance Shop Drawings,Product Data and Samples 10.2.5, 11.3 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 1.5,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.4.2,9.10.1, 13.5 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, Site Visits,Architect's 15.2.8, 15.4 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 Rejection of Work Special Inspections and Testing 3.5,4.2.6, 12.2.1 4.2.6, 12.2.1, 13.5 Releases and Waivers of Liens Specifications,Definition of 9.10.2 1.1.6 Representations Specifications 3.2.1,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2, 1.1.1,1.1.6, 1.2.2, 1.5,3.11,3.12.10,3.17,4.2.14 9.10.1 Statute of Limitations Representatives 13.7, 15.4.1.1 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.2,4.2.10,5.1.1,5.1.2, Stopping the Work 13.2.1 2.3,9.7, 10.3, 14.1 Responsibility for Those Performing the Work Stored Materials 3.3.2,3.18,4.2.3,5.3,6.1.3,6.2,6.3,9.5.1, 10 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Retainage Subcontractor,Definition of 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 5.1.1 Review of Contract Documents and Field SUBCONTRACTORS Conditions by Contractor 5 3.2,3.12.7,6.1.3 Subcontractors,Work by Review of Contractor's Submittals by Owner and 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2,9.6.7 Architect Subcontractual Relations 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 Review of Shop Drawings,Product Data and Samples Submittals by Contractor 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.7,9.2,9.3,9.8, 3.12 9.9.1,9.10.2,9.10.3, 11.1.3 Rights and Remedies Submittal Schedule 1.1.2,2.3,2.4,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 3.10.2,3.12.5,4.2.7 6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, Subrogation,Waivers of 13.4, 14, 15.4 6.1.1, 11.3.7 Royalties,Patents and Copyrights 3.17 Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 7 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Substantial Completion Time Limits 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, 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, 13.7 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, Substantial Completion,Definition of 9.5,9.6,9.7,9.8,9.9,9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 9.8.1 15.1.2, 15.4 Substitution of Subcontractors Time Limits on Claims 5.2.3,5.2.4 3.7.4, 10.2.8, 13.7, 15.1.2 Substitution of Architect Title to Work 4.1.3 9.3.2,9.3.3 Substitutions of Materials Transmission of Data in Digital Form 3.4.2,3.5,7.3.8 1.6 Sub-subcontractor,Definition of UNCOVERING AND CORRECTION OF WORK 5.1.2 12 Subsurface Conditions Uncovering of Work 3.7.4 12.1 Successors and Assigns Unforeseen Conditions,Concealed or Unknown 13.2 3.7.4,8.3.1, 10.3 Superintendent Unit Prices 3.9, 10.2.6 7.3.3.2,7.3.4 Supervision and Construction Procedures Use of Documents 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, 1.1.1, 1.5,2.2.5,3.12.6,5.3 7.3.7,8.2,8.3.1,9.4.2, 10, 12, 14, 15.1.3 Use of Site Surety 3.13,6.1.1,6.2.1 5.4.1.2,9.8.5,9.10.2,9.10.3, 14.2.2, 15.2.7 Values,Schedule of Surety,Consent of 9.2,9.3.1 9.10.2,9.10.3 Waiver of Claims by the Architect Surveys 13.4.2 2.2.3 Waiver of Claims by the Contractor Suspension by the Owner for Convenience 9.10.5, 13.4.2, 15.1.6 14.3 Waiver of Claims by the Owner Suspension of the Work 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 5.4.2, 14.3 Waiver of Consequential Damages Suspension or Termination of the Contract 14.2.4, 15.1.6 5.4.1.1, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.7.4 Waivers of Subrogation Termination by the Contractor 6.1.1, 11.3.7 14.1, 15.1.6 Warranty Termination by the Owner for Cause 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, 13.7 5.4.1.1, 14.2, 15.1.6 Weather Delays Termination by the Owner for Convenience 15.1.5.2 14.4 Work,Definition of Termination of the Architect 1.1.3 4.1.3 Written Consent Termination of the Contractor 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5, 14.2.2 9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 TERMINATION OR SUSPENSION OF THE Written Interpretations CONTRACT 4.2.11,4.2.12 14 Written Notice Tests and Inspections 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,5.2.1,8.2.2,9.7, 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4,13.3, 14, 9.10.1, 10.3.2, 11.4.1, 12.2.1,13.5 15.4.1 TIME Written Orders 8 1.1.1,2.3,3.9,7,8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, Time,Delays and Extensions of 15.1.2 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 a Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) 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 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 and certify termination of the Agreement under Section 14.2.2. § 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 and reasonably inferable from them as being necessary to produce the indicated results. Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 9 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 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 will retain all common law,statutory and other reserved rights,including copyrights.The Contractor,Subcontractors,Sub-subcontractors,and material or equipment 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 this 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 material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them 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 material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions,unless otherwise already provided in the Agreement or the Contract Documents. 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 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work,the Contractor 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. Thereafter,the Contractor may only request such evidence if(1)the Owner fails to make payments to the Contractor as the Contract Documents require;(2)a change in the Work materially changes the Contract Sum;or(3)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due.The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the Init. AIA Document A201-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 10 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) portion of the Work affected by a material change.After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 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. § 2.2.3 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. § 2.2.4 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. § 2.2.5 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. § 2.3 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. § 2.4 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 written 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 deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor 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. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. 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. § 3.1.3 The Contractor shall not be relieved of 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. Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 11 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 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. § 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 2.2.3,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 otherwise specifically provided in the Contract Documents. § 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 make 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 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,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences or procedures,the Contractor shall evaluate the jobsite safety thereof and,except as stated below,shall be fully and 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 written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect.If the Contractor is then instructed to proceed with the required means,methods,techniques,sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required 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. Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 12 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 3A.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 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. § 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 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 furnish satisfactory evidence as to the kind and quality of materials and equipment. § 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 21 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 an equitable adjustment 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 in writing,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may proceed 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 Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 13 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for I 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: (1735355499) 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. § 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 furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent.The Architect may reply within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to the proposed superintendent or(2)that the Architect requires additional time to review.Failure of the Architect to reply 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 SCHEDULES § 3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,and shall submit the schedule(s)for the Architect's approval. The Architect's approval shall not unreasonably be 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.If the Contractor fails to submit a submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of 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 maintain at the site for the Owner one copy of the Drawings, Specifications,Addenda,Change Orders and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and one copy of approved Shop Drawings,Product Data, Samples and similar required Init. AIA Document A201-2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 14 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for 1 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: (1735355499) submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 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 the way by which 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 in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,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 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. § 3.12.7 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 requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,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 written 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.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 cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop AIA Document A201—2007.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.All rights reserved."The [nit. American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of 15 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or 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,accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review,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.The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 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,and 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 and patching shall be restored to the condition existing prior to the cutting,fitting and 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 such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's 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 or 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 Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect 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 such 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 the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such 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 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 Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 16 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) 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 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. § 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. § 4.1.3 If the employment of the Architect is terminated,the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 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,except as provided in Section 3.3.1. § 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 report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)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 FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. § 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 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed. Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 17 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for I 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: (1735355499) However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and equipment 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 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,unless otherwise specifically stated by the Architect,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 authorize 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 duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under,and 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 of,and reasonably inferable from,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 and will not be liable for results of interpretations or decisions rendered in good faith. § 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 subcontractors of a separate contractor. Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 18 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for I 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: (1735355499) § 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. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for each principal portion of the Work.The Architect may reply within 14 days to the Contractor in writing stating(1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or(2)that the Architect requires additional time for review.Failure of the Owner or Architect to reply 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 previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement,written where legally required for validity,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,which the Contractor,by these 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 in writing;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. Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 19 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 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 such 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 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 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions 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 other separate contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. § 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,the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor 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 report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report 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,except as to defects not then reasonably discoverable. § 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 the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors 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. Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 20 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 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. 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 among the Owner,Contractor and Architect;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,and the Contractor shall proceed promptly,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 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect 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. Init. AIA Document A201—2007.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 21 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 7.3.6 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. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and 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 may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers'compensation insurance; .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 related to the Work;and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 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 has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. 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. Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 22 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 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,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance. § 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 an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner;or by changes ordered in the Work;or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control;or by delay authorized by the Owner pending mediation and arbitration;or by other causes that the Architect determines may justify delay,then the Contract Time shall be extended by Change Order 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 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. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Architect,before the first Application for Payment,a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's 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.Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material 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 material 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 Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 23 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for I 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: (1735355499) compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials 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,material suppliers,or other persons or entities making a claim by reason of having 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 issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part 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 comprising the Application for Payment,that,to the best of the ,Architect's knowledge,information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.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.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.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 material 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 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 the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. § 9.5.3 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 material or equipment suppliers to whom the Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 24 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) 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 Architect will reflect such payment on the next Certificate 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 material and equipment 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 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,except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment 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 and 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,shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 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'written 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 shut-down,delay and start-up,plus interest as provided for in the Contract Documents. § 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. Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 25 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 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,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and shall 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 such Certificate.Upon such acceptance and consent of surety,if any, the Owner shall make payment of retainage applying to such 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 as required under Section 11.3.1.5 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 written 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 and,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 terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due 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 and will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 26 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for I 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: (1735355499) Documents,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,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.If such lien 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 such lien,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 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 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;or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material 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 or the Contractor's Subcontractors or Sub-subcontractors;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. § 10.2.3 The Contractor shall 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 owners and users of adjacent sites and utilities. § 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 Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 27 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) 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,except damage or loss 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,written notice of such 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 § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials.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 report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written 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 furnish 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 such material or substance or who are to perform the task of removal or safe containment of such 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 in the amount of the Contractor's reasonable additional costs of shut-down,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, 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 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 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. Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 28 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs(1)for remediation of a material or substance 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 indemnify 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 LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 Claims under workers'compensation,disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 Claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 Claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations;and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment,and,with respect to the Contractor's completed operations coverage,until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner.An additional certificate evidencing continuation of liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2.Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1)the Owner,the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;and(2)the Owner as an additional Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 29 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract Modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub-subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an"all-risk"or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without duplication of coverage,theft,vandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework, testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance that will protect the interests of the Contractor,Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above,without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law,which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner,Contractor,Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including consequential losses due to fire or other hazards however caused. Init. AIA Document A201—2007.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 30 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 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,the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days'prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION 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,and(2)the Architect,Architect's consultants,separate contractors described in Article 6,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 covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants, separate contractors described in Article 6,if any,and the subcontractors,sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance 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 11.3.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity,shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement.If the Owner and Contractor have selected arbitration as the method of binding dispute resolution,the Owner as fiduciary shall make settlement with insurers or,in the case of a dispute over distribution of insurance proceeds,in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 31 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 11.4.2 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. 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,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents,such costs and the cost of convection shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,whether discovered before or after 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 an 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 written 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 2.4. § 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. § 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,whether completed or partially completed,of the Owner or separate contractors 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 Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 32 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for I 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: (1735355499) 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 except that,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 such 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 such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual,to a member of the firm or entity,or to an officer of the corporation for which it was intended;or if delivered at,or sent by registered or certified mail or by courier service providing proof of delivery to,the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 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. § 13.4.2 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 there under,except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 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(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests,inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 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 13.5.1,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 13.5.3,shall be at the Owner's expense. Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 33 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 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. § 13.5.4 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. § 13.5.5 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. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may 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. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise,against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time 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 13.7. 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 or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,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 promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,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' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,including reasonable overhead and profit,costs incurred by reason of such termination,and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor 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'written 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—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 34 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 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 for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .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 above reasons exist,the Owner,upon certification by the Initial Decision Maker that sufficient cause exists to justify such action,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'written 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 as described in 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 Che Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written 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 Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 35 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) 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,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. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written 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 must 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 CONTINUING CONTRACT PERFORMANCE 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.The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum,written notice as provided herein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,written notice as provided herein 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. § 15.1.5.2 If adverse weather conditions 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. § 15.1.6 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 .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 15.1.6 shall be deemed to preclude an award of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims,excluding those arising under Sections 10.3, 10.4, 11.3.9,and 11.3.10,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 arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no 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. Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.Ali 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 36 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,is not for resale,is licensed for I 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: (1735355499) § 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 such 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 an initial decision,demand in writing that the other party file for mediation within 60 days of the initial decision.If such a demand is made and the party receiving the demand fails to file for mediation within the time required,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. § 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 15.1.6 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. Init. AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 37 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) § 15.3.3 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.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 Either party,at its sole discretion,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). § 15.4.4.2 Either party,at its sole discretion,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 the Owner and Contractor under this Agreement. Init. AIA Document A201—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 38 Architects.This document was produced at 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Additions and Deletions Report for AIA® Document A2010— 2007 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 11:24:40 ET on 02/14/2024. PAGE 1 Old Settlers Buildout Old Settlers Park 3300 E.Palm Valley Blvd.,Round Rock,TX 78665 City of Round Rock 221 East Main Street Round Rock,TX 78664 TBD Additions and Deletions Report for AIA Document A201—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007.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 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) Certification of Document's Authenticity AIA Document D401 TM — 2003 I,Stephanie L.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 11:24:40 ET on 02/14/2024 under Order No.2114509649 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A201TM—2007,General Conditions of the Contract for Construction,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) i D/ (Tit1e �yi. y � (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 11:24:40 ET on 02/14/2024 under Order No.2114509649 which expires on 02/13/2025,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: (1735355499) 00900 SPECIAL CONDITIONS CMAR 54 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. 1 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. 2 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 at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) hltp://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=O Construction Types: Heavy and Highway hllp://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v--O Construction Type: Building htti)://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v--1, 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. 3 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. 4 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 REOUIRED 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 REOUIREMENTS 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 REOUIREMENTS 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$25,000,000 2. Aggregate$25,000,000 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. 6 EXHIBIT D.1 Performance and Payment Bond Reference 00600 Insurance and Bond Forms Reference 00610 Performance Bond Reference 00620 Payment Bond EXHIBIT D.2 Certificate of Liability Insurance Reference 00650 Certificate of Insurance CMAR g DATE(MM/DD/YYYY) A�o® CERTIFICATE OF LIABILITY INSURANCEF 1/25/2024 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 terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mirta Tamez Adams Risk Management Services, LLC PHONE FAx Adams Insurance Service, Inc. 713 869-8346 A/c No): 713 869-9144 E-M427 W. 20th Street, Suite 500 ADDRESS: mtamez@adamsins.com Houston TX 77008 INSURERS AFFORDING COVERAGE NAIC a INSURER A:American Contractors Insurance Co.RRG 12300 INSURED SGADMIN-01 INSURER B:ACIG Insurance Company 19984 SpawGlass Contractors, Inc. INSURER C:Travelers Lloyds Insurance Company 41262 1111 Smith Road Austin,TX 78721 INSURER D:Valley Fore Insurance Company 20508 INSURER E:The Continental Insurance Company 35289 INSURER F: COVERAGES CERTIFICATE NUMBER:1082189101 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 ADDLTYPE OF INSURANCE INSO WVD SUER POLICY NUMBER MM/POLICY MPOLICY /DFSP LTR 1 LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL23ABC00046 6/1/2023 6/1/2024 EACH OCCURRENCE $10,000,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY JE° F-1 LOC PRODUCTS-COMP/OP AGG $10,000,000 OTHER: $ D AUTOMOBILE LIABILITY Y Y BUA7033775896 6/1/2023 6/1/2024 COMBINED SINGLE LIMIT $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ E UMBRELLA LIAR X OCCUR Y Y CUE7034067095 6/1/2023 6/1/2024 EACH OCCURRENCE $10,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $10,000,000 DED F RETENTION $ B WORKERS COMPENSATION Y WCA000008323 6/1/2023 6/1/2024 X TA UTE OTH AND EMPLOYERS'LIABILITY YSER ANYPROPRIETOR/PARTNER/EXECUTIVE M N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C EQUIPMENT FLOATER QT-630-7625835-0-TLC-23 6/1/2023 6/1/2024 PER ITEM 1,500,000 LEASED/RENTED AGGREGATE 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Automobile policy includes the following endorsements: 1)CNA63359-Blanket Additional Insured as required by written contract executed prior to the bodily injury or property damage.2)CNA63359-Blanket Waiver of Subrogation as required by written contract executed prior to the bodily injury or property damage.3)CNA63359-Primary Non-Contributory basis only when required by a written contract prior to Accident or Loss.4)CNA68021 -Notice of Cancellation-30 days blanket as required by written contract. The General Liability policy includes the following endorsements: 1)1170-Additional Insured-Automatic Status as required by Contract-Blanket-Who is an insured is amended to include as Additional Insured any person or organization when you have agreed in a written contract that such person or organization be added as an additional insured on your policy.The endorsement also provides for the coverage to apply on a primary and non-contributory basis for ongoing See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 East Main Street ;AUTH RIZEDREPRESENTATIVE Round Rock TX 78644 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: SGADMIN-01 LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Adams Risk Management Services,LLC SpawGlass Contractors, Inc. 1111 Smith Road POLICY NUMBER Austin,TX 78721 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE and completed operations when required by written contract.2)205-Blanket Waiver of Subrogation when required in a written contract or agreement.3)336- Notice of Cancellation,Nonrenewal or Material Change-30 days blanket as required by written contract.4)9-Aggregate Limits of insurance Per Project. The Workers'Compensation policy includes the following endorsements: 1)WC990304-Waiver of Subrogation-Blanket waiver for any person or organization for whom the named insured has agreed in a written contract to furnish the waiver.2)WG420601 -Notice of Cancellation-30 days blanket as required by written contract. The Umbrella/Excess Liability policy applies in excess and follows form of the underlying General Liability,Automobile Liability and Employers Liability policies above including the terms of any additional insured,waiver of subrogation and 30 day notice of cancellation endorsements.The policy follows the terms and conditions of such underlying policies unless they are inconsistent with the terms of the policy. The Equipment Floater policy includes a Blanket Automatic Loss Payee Endorsement CMU618 that provides Loss Payee status to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. Re.Project Old Settlers Park Buildout Old Settlers Park,3300 E.Palm Valley Blvd.,Round Rock,TX 78665,Multipurpose Complex 2001 N.Kenney Fort Blvd., Round rock,TX 78665. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET LOSS PAYEES This endorsement modifies insurance provided under the COMMERCIAL INLAND MARINE COVERAGE PART The following is added to Section E — ADDITIONAL b. Pay any claim for loss or damage jointly to you COVERAGE CONDITIONS: and the Loss Payee as your interests may Loss Payable Provision appear. In the event of a Covered Cause of Loss to Covered This endorsement applies to all Covered Property for Property in which both you and a Loss Payee share which a Loss Payee is on file with us or your an insurable interest, we will: insurance agent or insurance broker. a. Adjust the loss or damage with you; and SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC Travelers Property & Casualty Co. Policy No. QT-630-7625B35-0-TLC-23 CM U6 18 05 21 ©2021 The Travelers Indemnity Company Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. ADDITIONAL INSURED - AUTOMATIC STATUS 170 AS REQUIRED BY CONTRACT - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization that you are required by written contract to include as an additional insured on this policy if the contract is executed prior to the loss. A. Section II,Who Is An Insured is amended to include as an additional insured any person or organization shown in the above SCHEDULE (called additional insured),but only with respect to liability for"bodily injury',"property damage"or"personal and advertising injury'arising out of your premises or your operations for the additional insured, and only to the extent and for the minimum limits required in the written contract. B. The insurance provided to the additional insured is subject to the following limitations: 1. Unless a written contract specifically requires additional insured coverage for your completed operations,this insurance does not apply to"bodily injury"or"property damage"occurring after"your work"for the additional insured has been completed or after that portion of "your work"out of which the"bodily injury"or"property damage"arises has been put to its intended use by any person or organization, whichever occurs first. 2. Unless specifically required by written contract,this insurance provides additional insured coverage only for liability for"bodily injury", "property damage"or"personal and advertising injury'to the extent caused by the named insured's acts or omissions or the acts or omissions of those acting on the named insured's behalf. 3. This insurance does not apply to"bodily injury',"property damage"or"personal and advertising injury'for which the additional insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement. 4. This insurance does not apply to"bodily injury", "property damage"or"personal and advertising injury'arising out of the rendering or failure to render any professional services by any insured or on any insured's behalf,including: a) The preparing, approving or failing to prepare or approve maps,shop drawings, opinions, reports, surveys,field orders,change orders,drawings or specifications;or b) Supervisory, inspection,architectural,or engineering services. 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. 5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy specifically applies to that person or organization. 6. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional insured coverage in the construction industry. 7. The insurance afforded to the additional insured shall not exceed the minimum limits required in the written contract. C. In no event shall the insurance provided to the additional insured exceed the minimum coverage required by the written contract,including but not limited to minimum limits,minimum scope of coverage,or minimum duration of coverage. If a written contract or agreement requires that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037,then the terms of that endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant and limitations in Sections A. and B. of this endorsement. In the event that CG2010 and/or CG2037 are required but no edition dates are specified,the 04/13 editions shall apply. D. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing.However,this insurance is always excess to other insurance,whether primary,excess,contingent or on any other basis,when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary,alter,waive or extend any of the terms,conditions, provisions,agreements or limitations of the mentioned Policy,other than as above stated. 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: 6/1/2023 Policy No.: GL23ABC00046 Policy Effective: 6/1/2023 Insured: SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC Insurance Company: American Contractors Insurance Company Risk Retention Group los WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Persons or Organization(s): Any person or organization for whom you have agreed by written contract to furnish this waiver. Section IV—Commercial General Liability Conditions, 14. Transfer of Rights of Recovery Against Others to Us Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or`your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. 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: 6/1/2023 Policy No.: GL23ABC00046 Policy Effective: 6/1/2023 Insured: SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC Insurance Company: American Contractors Insurance Company Risk Retention Group 336 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. 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: 6/1/2023 Policy No.: GL23ABC00046 Policy Effective: 6/1/2023 Insured: SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC Insurance Company: American Contractors Insurance Company Risk Retention Group 9 AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is hereby understood and agreed the General Aggregate Limit under Section III, Limits of Insurance of the Coverage Form applies separately to each of your projects away from premises owned by or rented to you. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. 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: 6/1/2023 Policy No.: GL23ABC00046 Policy Effective: 6/1/2023 Insured: SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC Insurance Company: American Contractors Insurance Company Risk Retention Group CNASpawGlass Business Auto Policy SpawGlass Contractors,Inc.,SpawGlass Construction Corp., Civil Construction,Inc.,Westland Equipment and Supplies,LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. (K)Any person or organization that you are required by a written contract to name as an additional Insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Policy No:BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01/2023 I!, -- - ------ — ..... *Copyright CNA All Rights Reserved. Includes copyrighted material of the Incie—nno gn—inoc nffino Inn ticorl —ith itc nnrmiccinn CHA Business Auto Policy Policy Endorsement C. Fellow Employee Section 11, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section 111, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Policy No:BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01/2023 ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Ines ern—Carvi— (lffipa Inr i wuri —ith ite nArmi—inn CNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Policy No:BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01/2023 i _......_ ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Incl vonro Rarvirnc nffiro Inr i marl -ritFh itc normiccinn Business Auto Policy CNA Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are cutive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us e rap A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not spect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance ed to Section IV, Paragraph B.S.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Policy No:BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01/2023 j I --------- ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Inco—n— Cnrviroc nffir Inr iicnrl —ith ite normiccinn CNA Business Auto Policy Policy Endorsement It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. SpawGlass Contractors,Inc.,SpawGlass Construction Corp., SpawGlass Civil Construction,Inc.,Westland Equipment and Supplies,LLC Form No: CNA68021 XX (02-2013) Policy No:BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01/2023 ®Copyright CNA All Rights Reserved. MCA Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. SpawGlass Contractors,Inc.,SpawGlass Construction Corp., SpawGlass Civil Construction,Inc.,Westland Equipment and Supplies,LLC Form No: CNA71527XX (10-2012) Policy No: BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01/2023 ° Copyright CNA All Rights Reserved. TEXAS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 99 03 04 (Ed. 04-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver. This waiver does not extend to the statutory right of reimbursement from a claimant who recovers any amount under Section 417.002 of the Texas Labor Code. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This waiver does not extend to the statutory right of reimbursement under Section 417.002 of the Texas Labor Code. 2. Operations: CONSTRUCTION AND RELATED CONSTRUCTION RELATED WORK ALL TEXAS OPERATIONS 3. Premium: The premium charge of this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Minimum Premium: $0 5. Advance Premium: $0 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above. Policy Effective Date: 6/1/2023 Policy No. WCA000008323 Endorsement No. Premium$ Insured SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC Carrier Name/Code: ACIG Insurance Company WC 99 03 04 (Ed. 04-07) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 03-13) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1 . Number of days advance notice: 60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only 10 days advance notice will be provided. 2. Notice will be mailed to: All certificate holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. The notice will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide written notice. 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 06/01/2023 Policy No. WCA 0000083 2 3 Endorsement No. Insured SpawGlass Contractors,Inc. , SpawGlass Construction Corp. , Premium$ SpawGlass Civil Construction, Inc. , Westland Equipment and Supplies, LLC Insurance Company ACIG Insurance Company WC 42 06 01 Wolters Kluwer Financial Services I Uniform Forms Page 1 of 1 (Ed.03-13) TM