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20-853
ORDINANCE NO. 20-853 AN ORDINANCE OF THE CITY OF DENTON , A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONSTRUCTION MANAGER AT RISK CONTRACT WITH THOS. S. BYRNE, INC., A TEXAS CORPORATION, FOR PRE-CONSTRUCTION SERVICES FOR THE RENOVATION OF POLICE HEADQUARTERS AND DEVELOPMENT AND CONSTRUCTION OF THE POLICE SUBSTATION AND FIRING RANGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND , PROVIDING AN EFFECTIVE DATE (RFQ 7249 -CMAR AWARDED TO THOS. S . BYRNE, INC., IN THE NOT-TO-EXCEED AMOUNT OF $45,000 FOR PRE-CONSTRUCTION SERVICES). WHEREAS, the City of Denton has engaged in a request for qualifications for the renovation of the police headquarters and development and construction of a police substation and firing range ("Projects"); and WHEREAS, Thos. S. Byrne , Inc. has been selected as the most qualified firm to provide Construction Manager at Risk ("CMAR") services for the Projects; and WHEREAS, the City Council desires to establish a not-to-exceed amount of $45 ,000 for preconstruction services for the Projects; and WHEREAS , after full review of all matters related thereto , the City Council is of the opinion that the City Manager, or his designee, should be authorized to execute the CMAR contract with Thos. S. Byrne , Inc. for preconstruction services for the Projects in a not-to-exceed amount of $45 ,000; NOW, THEREFORE , THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings in the preamble of this ordinance are incorporated herein by reference. SECTION 2. A not-to-exceed amount of $45,000 for preconstruction services for the renovation of the police headquarters and development and construction of the police substation and firing range has been established and reviewed by City Council and found to be in the best interest of the City and its citizens and is in all things approved. SECTION 3. The City Manager, or his designee, on behalf of the City of Denton, is authorized to execute the CMAR contract, attached as Exhibit "A" and incorporated herein, with Thos. S. Byrne, Inc. for preconstruction services for the renovation of the police headquarters and development and construction of the police substation and firing range. SECTION 4 . This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made b y /(Fet Y /3£ I 6&6 and seconded by c/e6Sr5 c/)tl(/ 16 , the ordinance was passed and approved by the following vote L1_ -_Q]: Aye Nay Abstain Absent Mayor Chris Watts: ./ Gerard Hudspeth, District 1 : Keely G . Briggs , District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor , At Large Place 5: Paul Meltzer, At Large Place 6: 7 PASSED AND APPROVED this the ~~q/ day of ~ , 2020. CI!FJS a/s ,~~r~ ATTEST: ROSA RIOS , CITY SECRETARY BY:~ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Constructrion Manager at Risk (CMAR) Jody Word Not Applicable RFP 7249 N/A April 21, 2020 20-853 Document A133TM – 2009 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 Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 1 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the Tenth day of March in the year Two Thousand and Twenty (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status and address) City of Denton 215 East McKinney Street Denton, Texas 76201 (940) 349-8307 and the Construction Manager: (Name, legal status and address) Thos. S. Byrne, Inc. 551 East Berry Street Fort Worth, TX 76104 for the following Project:Projects: (Name and address or location) Police Department Headquarters Renovation City Hall East Building 601 East Hickory Street Denton, TX 76205 and; Police Substation & Firing Range 4111 Vintage Blvd Denton, TX 76226 The Architect: (Name, legal status and address) Brandstetter Carroll, Inc. 2360 Chauvin Drive Lexington, KY 40517 The Owner’s Designated Representative: (Name, address and other information) for the Police Department Headquarters Renovation: Larry Chan DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 2 and, for the Police Substation & Firing Range: Jody Strickland City of Denton Facilities Management 869 South Woodrow Lane Denton, TX 76205 The Construction Manager’s Designated Representative: (Name, address and other information) Martin Lehman Thos. S Byrne, Inc. President, North Texas 551 East Berry Street Fort Worth, TX 76104 The Architect’s Designated Representative: (Name, address and other information) Michael E. Carroll Brandstetter Carroll, Inc. Senior Vice President 2360 Chauvin Drive Lexington, KY 40517 The Owner and Construction Manager agree as follows. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 3 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 OWNER’S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENTEXHIBITs "A" – "M" AND "X" – "Z" ARTICLE 1 GENERAL PROVISIONS § 1.1 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 the execution of this Agreement, other documents listed in Exhibit "Z" – Schedule of Exhibits, 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 2.2.3 and identified in the Exhibit "Y" — Guaranteed Maximum Price Amendment Amendment, and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. 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. § 1.1.1 If, and to the extent of, any inconsistency, ambiguity, discrepancy or error in the Contract Documents (referred to collectively in this Section 1.1.1 as "discrepancy"), the Construction Manager shall immediately seek clarification from the Architect and notify the Owner that clarification has been requested. In the event that the Architect fails to clarify such discrepancy, within a reasonable time under the circumstances, the Construction Manager shall proceed with the Work with the written permission from the Owner, and give precedence to the Contract Documents in the following descending order of priority: .1 Modifications issued after execution of the Owner-Construction Manager Agreement, including all exhibits not specifically referenced in Section 1.1; .2 the Owner-Construction Manager Agreement; .3 Addenda issued prior to the execution of the Owner-Construction Manager Agreement, with the Addenda bearing the latest date taking precedence; DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 4 .4 the General Conditions of the Contract for Construction; and .5 the Drawings and Specifications. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to to, without limitation, 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 reasonably timely manner, information required by the Construction Manager when such information is requested in writing and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents.Documents and in accordance with Texas Government Code Ch. 2251. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201™–2007, A201™–2017, General Conditions of the Contract for Construction, as modified, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall also be as set forth in A201–2007, A201–2017, which document is incorporated herein by reference. The term "Contractor" as used in A201–2007 shall mean the Construction Manager. "Construction Manager" in this A133 Agreement shall mean and include the use of the terms "Construction Manager at Risk", or "CMaR". The term "Contractor" as used in A201–2017 shall also mean and include the use of the terms "Construction Manager at Risk", or "CMaR". ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager’s Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager at Risk, after carefully reviewing Exhibit "A" – Scope of Work and the Conditions of the Contract, shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. program for the Project, and the Construction Manager’s Work which is a portion thereof, and will work with the Owner and Architect to establish the general parameters of the Construction Manager’s management plan, budget, and schedule for the Work, each in terms of the other. Such parameters shall be agreed upon meetings held with the Parties as needed for the purpose, and a more detailed understanding of the work plan, budget and schedule shall be proposed by the Construction Manager to the Owner and Architect in a written preliminary draft of a Construction Management Plan thereafter, but prior to the execution of this Agreement. § 2.1.1.1 The Construction Manager, after consulting with the Owner and Architect, shall update the preliminary proposed Construction Management Plan for the Work for the Architect’s further review and Owner’s approval. Such review and approval shall not in any way reduce the Construction Manager’s responsibility to indemnify the Indemnitees; including but not limited to those specified in Sections 3.18.2 and 4.2.3.1 of the AIA A201 General Conditions, as amended. In preparing the Construction Management Plan, the Construction Manager shall consider, without limitation, the Owner’s safety, schedule, cost, quality, and design goals and requirements for the Construction Manager’s Work and the Owner’s Project, each in terms of the other. The Construction Manager shall then develop and consider various alternatives for the sequencing and management of the Work and shall recommend to the Architect and Owner those alternatives that are best suited to the goals of both the Work and the Project. The Construction Management Plan must include, at a minimum and without limitation, these separate deliverables: .1 Safety and Logistics Plan; .2 Construction Manager’s Project Schedule; .3 Cost Management Plan, Control Estimate and Schedule of Values; .4 Quality Management, Commissioning and Turnover Plan; and .5 Information Management System. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 5 As part of this Construction Management Plan, the Construction Manager shall prepare and submit to the Architect for review, and subsequently for the Owner’s written approval, a Control Estimate either with the proposed Construction Management Plan prior to the execution of this Agreement, or if specifically agreed otherwise in writing by the Owner within twenty-one (21) days of executing this Agreement. The Control Estimate shall include the estimated Cost of the Work plus the Construction Manager’s Fee. The Control Estimate shall be used to monitor the conformance of the Design Documents with the Owner’s Budget during the Preconstruction Phase and the actual costs and the timely performance of the Work during the Construction Phase. The Control Estimate shall be updated continuously, or a minimum of every other week, in addition to full Construction Estimates at the end of each phase. The Construction Manager shall update the Control Estimate not later than fifteen (15) business days after release of Drawings and Specifications identified by Owner, either directly or through the Architect, as prepared for Construction Manager’s pricing (a "Pricing Submittal") during the Preconstruction Phase and again not later than each Application for Payment to reflect Changes in the Work during the Construction Phase. § 2.1.1.2 The Control Estimate must include: .1 a list of the documents enumerated in Article 1 of the Agreement, including their dates, 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 Control Estimate, including assumptions made, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 a statement of the estimated Cost of the Work organized by trade categories or systems and the Construction Manager’s Contingency, General Conditions and Construction Manager’s Fee; as those costs are further described and detailed in Exhibit "C" – Construction Manager’s Soft Costs and Fee; .4 schedules indicating proposed activities, activity sequences and durations, milestone dates for receipt and approval of pertinent information; schedule of shop drawings/submittals, and samples; procurement and delivery of materials or equipment that must be ordered well in advance of construction; materials testing inspections, and permitting activities; and the Owner’s occupancy requirements, showing portions of the Work and the Project having occupancy priority; and .5 contingencies for further development of design and construction as required by Section 2.1.1.4. § 2.1.1.3 The Construction Manager shall meet with the Owner and Architect to review the Control Estimate. In the event that the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Control Estimate. When the Control Estimate is acceptable to the Owner, the Owner shall acknowledge it in writing. The Owner’s acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. § 2.1.1.4 The Drawings and Specifications are anticipated to require further development by the Architect, and the Construction Manager shall provide in the Control Estimate for 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 in a revised Control Estimate by mutual agreement of the parties. § 2.1.1.5 The Construction Manager shall develop and implement a detailed system of cost control (the "Cost Management Plan") that will provide the Owner and Architect with timely information as to the anticipated total Cost of the Work. The Cost Management Plan shall detail the processes used to compare the Control Estimate with the Pricing Sets released during the Preconstruction Phase, and during the Construction Phase, the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes. This information shall be reported to the Owner, through the Construction Manager, in writing, no later than twenty-one (21) days after the release date of any Pricing Set during the Preconstruction Phase and again not later than the Construction Manager’s first Application for Payment and shall thereafter be revised and submitted with each Application for Payment. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 6 § 2.1.2 Consultation 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. The Construction Manager shall advise the Owner and the Architect on on, without limitation, proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on on, among other aspects of the Work and the Project, constructability; availability of materials and labor; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction; 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. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the 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 Exhibit "B" – Construction Manager’s 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 could affect the Project’s timely completion. The updated Project schedule shall Construction Manager’s Project Schedule must 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 well in advance of construction; and the occupancy requirements of the Owner. As design proceeds, the Construction Manager’s Project Schedule shall be updated by the Construction Manager to indicate, in increasing detail and without limitation, proposed sequences and durations of the Preconstruction Phase activities and the activities necessary to complete the Work during the Construction Phase. This schedule will include, at minimum, the following milestones: .1 dates for receipt and approval of pertinent information by the Owner, governmental agencies and other stakeholders; .2 Owner’s submittal dates of information agreed to be required by the Construction Manager and Architect; .3 dates for Construction Manager’s submittal and the Architect’s and Owner’s review and subsequent Owner’s approval of the initial Control Estimate and subsequent updates; .4 submittal, review by the Architect and Owner, and Owner’s subsequent approval of the Construction Management Plan; .5 preparation and processing of shop drawings and samples; ,6 delivery of materials or equipment requiring long-lead-time procurement; .7 Owner’s occupancy requirements showing portions of both the Work and the Project having occupancy priority; and .8 proposed dates of Substantial Completion and Final Payment. If the Construction Manager’s Project Schedule updates indicate that previously accepted schedules may not be met, the Construction Manager shall make appropriate recommendations for acceleration, concurrency of activities, and other alternatives to the Owner and Architect to maintain the most recently accepted target dates for the Work. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications (if any) to facilitate the Construction Manager’s Project Schedule taking into consideration such factors as, without limitation, relative cost impacts (if any), constructability, procurement and construction scheduling issues, economies, long lead item requirements, time of performance, availability of labor and materials, and provisions for temporary facilities. § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on updates to the preliminary design and other new design criteria prepared by the Architect, or otherwise provided, and in addition to the formal Control Estimates above, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect’s review and Owner’s approval. If the Architect or Construction DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 7 Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 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, estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget or appear likely to exceed the latest approved Control Estimate and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders’ interest in the Project. Subcontractor and supplier interest in the Work and shall furnish to the Owner and Architect for their information a list of potential Subcontractors and suppliers that are qualified to possibly furnish materials, services or equipment, from whom competitive proposals will be requested for each principal portion of the Work. The Owner, after consulting with the Architect, will promptly reply in writing to the Construction Manager if they object to any such Subcontractors or suppliers, or if there are additional Subcontractors or suppliers, they wish the Construction Manager to consider. The Construction Manager will be required to utilize the procedures set forth in Section 2269.256 for review of bids or proposals for all trade contractor or subcontractor bids or proposals. The receipt of any such list of prequalified Subcontractors or suppliers shall not require the Owner or Architect to investigate the qualifications of any proposed Subcontractor or supplier; nor shall it waive the right of the Owner, or Architect later to object to or reject any proposed Subcontractor or supplier. Review by the Owner or Architect of all or a portion of such list or their request for the Construction Manager to consider additional Subcontractors or suppliers shall not relieve the Construction Manager of its obligation to prequalify all Subcontractors and suppliers later solicited for bids, or any other responsibility for the performance of the Construction Manager or any Subcontractor or supplier under this Agreement. § 2.1.7 The Construction Manager shall prepare, propose, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well 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 Owner, after review and acceptance of those terms by 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. responsibility for them as if procured by the Construction Manager. If such long-lead-time items are proposed to be procured by the Owner, they shall be procured on Owner’s terms and conditions, which shall be provided to the Construction Manager for review. § 2.1.7.1 Selection by Competitive Bid: Except as otherwise agreed in writing by both parties hereto, the Construction Manager must publicly advertise for bids or proposals and receive competitive bids or proposals from any and all trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in the general conditions and receive no less than three (3) responsive bids in the following categories, where applicable: .1 Work performed by Construction Manager’s Forces. If the Construction Manager wishes to perform Work with the Construction Manager’s own forces, or through a Related Party as defined in Section 6.10, the Construction Manager must: a.obtain no less than three (3) additional responsive bids or proposals from responsible Subcontractors acceptable to the Owner; b.submit a written bid or proposal for such Work to the Owner and Architect in the same manner as all other trade contractors or subcontractors; and c.obtain approval from the Owner and Architect that the Construction Manager’s bid or proposal provides the best value for the Owner. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 8 .2 The Construction Manager shall use all effort available to solicit interest from all the potential qualified Subcontractor bidders for such Work; vigorously and proactively communicate to them the Construction Manager’s obligation to provide its bid to the Owner in advance; and deliver all Subcontractor bids for such Work to the Architect and Owner within four (4) hours of their receipt by Construction Manager. .3 Other than services normally associated with Construction Manager’s performance of the General Conditions, Construction Manager shall not perform any portions of the Work unless it has been awarded such portion in accordance with the same procedures imposed upon all other trade contractors or subcontractors as specified above, and then, only if the Owner has determined that the Construction Manager’s bid or proposed bid provides the best value for the Owner. .4 In the event any Work is to be performed by the Construction Manager’s own forces or by a Related Party, such Work shall be covered in a separate agreement between the Owner and the Construction Manager or the Related Party when required by the Owner. Such agreement shall, without limitation, satisfy all requirements for subcontracts as set forth herein. .5 In the event the Construction Manager cannot, using its utmost efforts, secure the required three (3) or more Subcontractors willing to provide responsive bids for any scope of the Work, the Owner and Architect shall work with the Construction Manager to solicit these responsive bids. In the event that the Construction Manager working in conjunction with the Owner and Architect is still unsuccessful in securing three (3) responsive bids for a scope of the Work, the Owner shall waive the requirement for three (3) competitive bids, where allowed by law, but solely for the category of Work in question. § 2.1.7.2 Pre-Qualifying Bidders The Construction Manager shall develop lists of possible Subcontractor and other necessary bidders and pre-qualify bidders, unless otherwise agreed to in writing by Owner. .1 The Construction Manager’s pre-qualification process shall include some, or all, of following services for some, or all, of the Subcontractors and suppliers as agreed in advance with the Owner and Architect: preparation and transmission of requests for qualifications; receiving and analyzing qualifications; interviewing possible bidders, bonding agents, and financial institutions; and preparing summary reports regarding these activities to the Owner and Architect. .2 The Construction Manager shall also prepare a proposed qualified bidders list for each bid package for the Work for the review and comment of the Owner and Architect. .3 The Owner or Architect may designate specific persons or entities from whom the Construction Manager shall obtain bids; however, if the Guaranteed Maximum Price has been agreed, the Owner may not prohibit the Construction Manager from obtaining bids from other bidders that are otherwise qualified and approved by the Owner and Architect. Such approval shall not be unreasonably withheld. .4 The Construction Manager shall be responsible for pre-qualifying all Subcontractors and suppliers; shall be responsible for their performance; and shall not be required to contract with any Subcontractor or supplier to whom the Construction Manager can demonstrate a factual and reasonable, or legal objection. § 2.1.7.3 Delivery of Bid Documents The Construction Manager shall expedite the delivery of bid documents to the bidders. The Construction Manager shall obtain documents from the Architect and arrange for electronic distribution to Subcontractors and other vendors, with electronic confirmation of receipt; or in the case of hard copy distribution, printing, binding, wrapping and delivery to the bidders. The Construction Manager will determine the vendor(s) to be used for printing, and costs of hard copy printing, binding, and distribution shall be billed directly to the Owner as directed by the Construction Manager. The Owner prefers electronic distribution but will approve a reasonable amount for hard copies when a budget is submitted by the Construction Manager in advance. The Construction Manager shall maintain a record of bidders receiving documents. § 2.1.7.4 Pre-Bid Conference DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 9 In conjunction with the Owner and Architect, the Construction Manager shall conduct Pre-bid Conferences. These conferences shall be forums for the Construction Manager to explain to the bidders the requirements of the Work and the proposed Contract Documents, including, without limitation information concerning the Construction Management Plan and its safety, logistics, schedule, quality, cost control and other requirements; access restrictions; the project’s administrative procedures; and technical design and engineering information. § 2.1.7.5 Information to Bidders The Construction Manager shall develop and coordinate procedures to document, forward to the Architect, track questions from, and provide and document answers to bidders’ questions. § 2.1.7.6 Addenda The Construction Manager shall receive from the Architect a copy of all addenda. The Construction Manager shall review all addenda for clarity; consistency of response; and insure coordination of distribution and receipt among the bidders. By performing the reviews described herein, the Construction Manager is conducting the review in its capacity as a contractor and is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the content of the Design Documents or the design intent. § 2.1.7.7 Bid Openings § 2.1.7.7.1 The Construction Manager shall receive, open, and evaluate the bids with the Owner and Architect in attendance, at their option. Whether or not they attend, the Owner, Construction Manager and Architect will promptly be provided with copies of all Subcontractor and supplier bids received, initialed by hand or electronically by the Construction Manager to confirm each as an accurate and timely submitted copy. The Construction Manager will have the right to reject any and all bids or proposals. § 2.1.7.7.2 The Construction Manager shall evaluate all apparent responsible bidders for all major components of Work, and may conduct interviews to determine the responsiveness of their bids or proposals. In evaluating the responsiveness of bid or proposals and in making a determination as to the best value bid or proposal submitted, the Construction Manager, in addition to bid or proposal price, may consider the following factors: past performance on similar projects; qualifications and experience of personnel assigned to the Safety and Logistics Plan, the Quality Management, Commissioning and Turnover Plan, and other components of the Work; approach or understanding of the Work to be performed; performance schedule to complete the Work; or other criteria agreed upon with the Owner and Construction Manager in advance and in writing which must be included in the public advertisement. § 2.1.7.7.3 Any portion of the Construction Manager’s evaluation of Subcontractor and supplier bids by the Construction Manager may be attended by the Architect and Owner, at their option, and they will be given compete access to all aspects of the process. Such participation by the Owner, Architect and Owner, or their receipt of copies of Subcontractors’ and suppliers’ bids and proposals shall not impose any burden of review or analysis on them or relieve the Construction Manager of its sole responsibility for the Construction Manager’s, Subcontractors’ and suppliers’ performance under this Agreement. § 2.1.7.7.4 The Construction Manager will resolve any Subcontractor or supplier bid withdrawal, protest or disqualification in connection with the award at no increase in the Cost of Work. § 2.1.7.8 Analyzing Bids and Award Recommendation Upon receipt of bids and completion of each bid package’s evaluation, the Construction Manager shall prepare a formal award recommendation, including alternate prices and unit prices (if any), for each bid package for the Owner’s and Architect’s review. Subsequent and subject to such review, Construction Manager shall request the Owner’s review and approval of its award recommendation. The Owner will then determine, with the advice of the Construction Manager and subject to the reasonable objection of the Architect, which bids will be accepted. Notwithstanding any other provision in this agreement, the Owner reserves the right to reject any and all bids. § 2.1.7.8.1 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner and Architect (1) is recommended to the Owner by the Construction Manager; (2) is qualified and approved by Owner to perform that portion of the Work; and (3) has submitted a bid which 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 shall be entitled to submit a DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 10 Change Order allowing for an adjustment to the Contract Time, if needed and an adjustment to 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. § 2.1.7.9 Construction Contracts At the direction of the Owner, the Construction Manager shall prepare, execute, and deliver the Contract Documents between the Construction Manager and the Subcontractors and suppliers. The Construction Manager shall also issue the notices to proceed to each Subcontractor and Supplier after execution of such Contract Documents. .1 All Work shall be performed under written subcontracts or by other appropriate written agreements with the Construction Manager. .2 Such subcontracts and agreements shall contain the same obligations for the Subcontractor to the Construction Manager for their portions of the work as the Construction Manager has to the Owner for the Work under this Agreement. .3 Subcontracts and other agreements shall not be awarded on the basis of cost plus a fee without the prior written consent of the Owner. § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. 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 authorities. However, if the Construction Manager recognizes, or a Construction Manager of similar size and experience would have recognized that portions of the Drawings and Specifications are at variance therewith, 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. The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to review by the Architect and approval of the Owner and the Owner’s other professional consultants. § 2.1.9 Notices and 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 quasi-governmental authorities for inclusion in the Contract Documents. § 2.1.10 Construction Manager’s Review of Design Documents Prepared by the Architect The Construction Manager shall review the Design Documents for clarity, consistency, constructability and coordination among the Subcontractors. The results of the review shall be provided as either electronic notes or "red-line" notations on the documents themselves. With the exception of the Design-Build Scope, the Construction Manager is not responsible for providing, nor does the Construction Manager control the design intent and contents of the Design Documents prepared by the Architect. By performing the reviews described herein, the Construction Manager is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Design Documents prepared by the Architect or their design intent. The Construction Manager’s action in reviewing the Project design and Design Documents prepared by the Architect and in making recommendations as provided herein for such documents are only advisory to the Owner. § 2.1.11 Design Recommendation The Construction Manager shall make recommendations to the Owner and Architect with respect to constructability, construction cost, and sequence of construction, construction duration, possible means and methods of construction, time for construction and separation of the Work into contracts for various categories procurement and performance, and compliance with the previously approved Work Breakdown Structure (referred to as "WBS"). All Design Document reviews by the Construction Manager, and subsequent design recommendations shall be in accordance with the Owner’s goals for the Work and the Project, and in conformance with the Quality Management, Commissioning, and Turnover Plan. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 11 § 2.1.12 Owner Design Reviews The Construction Manager shall expedite the Owner’s design reviews by compiling and conveying the Owner’s comments in its review comments to the Architect. § 2.1.13 Approvals by Regulatory Agencies In accordance with the most recently approved Construction Manager’s Construction Schedule, the Construction Manager shall monitor transmittal of documents to regulatory agencies for review and shall advise the Owner and Architect of potential delays and problems in completing such reviews, offer recommendations for mitigating their impact, and shall compile and convey the regulatory agencies’ comments to the Architect. § 2.1.14 Public Relations When specifically directed in writing, the Construction Manager shall assist the Owner in public relations activities and shall prepare information for and attend public meetings regarding the project. Such assistance, information, and participation by Construction Manager shall be subject to strict oversight and control by the Owner and be bound by Owner’s confidentiality requirements as shown in Exhibit "E" – Confidentiality of the Project. § 2.1.15 Revisions to Construction Manager’s Construction Schedule While performing the services required to implement the Construction Management Plan, and as necessary throughout the Preconstruction Phase, the Construction Manager shall recommend revisions to the Construction Manager’s Construction Schedule, if and when appropriate, for Owner’s and Architect’s review. Subject to such review, and the Owner’s subsequent approval, the Architect shall issue Change Orders as needed to the appropriate parties to implement the approved revisions to the Construction Manager’s Construction Schedule. § 2.1.16 Monitoring the Construction Manager’s Construction Schedule While performing the services in this Agreement, the Construction Manager shall monitor the Architect’s compliance with the Architect’s responsibilities for reviews and approvals shown in the Construction Manager’s Construction Schedule. The Construction Manager shall inform the Architect and Owner of any significant risk for delay due to the Project due to the Architect’s non-compliance or failure to timely perform known Architect responsibilities and issue updates as necessary to keep the Owner and Architect informed of other schedule impacts. § 2.1.17 Bidding and Award Schedule Prior to transmitting the proposed Contract Documents to bidders and as a component of the Construction Manager’s Construction Schedule, the Construction Manager shall prepare a detailed Bidding and Award Schedule for procurement of each part of the Work and make the schedule available to the Owner and Architect for review, and incorporate those revisions reasonably requested by the Owner or Architect as a result of such review. § 2.1.18 Impacts to the Construction Budget and Schedule The Construction Manager shall make recommendations to the Architect and Owner to mitigate, without limitation, the cost and time impacts of any ongoing design changes; unforeseeable delays or scope changes; and other factors beyond the responsibility of the Construction Manager to control under this Agreement that may result in revision to the Construction Manager’s Construction Schedule or Control Estimate. § 2.1.19 Preconstruction Cost and Schedule Control In accordance with Cost Management Plan and Section 2.1.1.1, the Construction Manager shall prepare a formal update to the Control Estimate for each Pricing Submittal released by the Architect. Each new Control Estimate submittal shall be accompanied by a report to the Owner and Architect identifying specific variances from the previous Construction Manager’s Control Estimate and impacts to the Construction Manager’s Construction Schedule. The Construction Manager shall clearly identify the specific changes by line item in the proposed Control Estimate and proposed Construction Manager’s Construction Schedule, and also clearly identify the specific changes in scope and quality from the previous Pricing Submittal not reasonably inferable therefrom causing such proposed changes in cost and time. In the event no additional scope or quality changes have been made in the new Pricing Submittal that were not reasonably inferable from earlier submittals, the Construction Manager will identify the other cause(s) of such proposed changes in the Control Estimate and Construction Manager’s Construction Schedule and provide supporting detail acceptable to the Architect and Owner sufficient to easily validate such changes. The Construction Manager shall coordinate, facilitate, and request acceleration of the activities of the Owner and Architect DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 12 when changes to the design are required to remain within the cost shown in the Control Estimate, and meet the Construction Manager’s Construction Schedule. § 2.1.20 Sustainability and Environmentally Responsible Design One of the Owner’s goals is an energy efficient, sustainable Project, and therefore the Construction Manager shall participate in interactive work sessions when scheduled by the Architect for the purpose of identifying environmentally responsible alternatives for the Work, evaluating the relative merits of each, and assisting with selecting the preferred alternative(s) to be incorporated into the Project. The Owner may attend and participate in such work sessions at its option. § 2.1.21 Value Studies Using the information obtained during the work sessions described above and other meetings, and such energy models and other data on systems and materials as may be provided by the Architect, the Construction Manager shall prepare Value Studies as defined by either SAVE International (www.value-eng.org), or by using such other method for value analysis as mutually agreed by the Owner, Construction Manager and Architect to be most efficient and effective for comparing the viable alternatives for major components of the Work. The results of these studies shall be in report form, contain Value Engineering Proposals, and be distributed to the Owner and Architect for their review and use. § 2.1.22 Value Engineering Each Value Engineering Proposal submitted by the Construction Manager must include, without limitation, the following: (1) a detailed description of the difference between the requirements of the current design and the proposed changes and comparative advantages and disadvantages of each; (2) itemization of aspects of the current design affected by the enactment of the proposal; (3) the impact of the proposal upon both Control Estimate and the Construction Manager’s Construction Schedule; (4) a list of the projects to the extent known, where the proposal was previously used in similar circumstances, and the results of that experience; (5) any other information reasonably necessary to fully evaluate the proposal; and (6) the date by which the Owner must accept the proposal in order for the Construction Manager’s cost and time estimates to remain valid. § 2.1.23 Cash Flow Report The Construction Manager shall integrate the Control Estimate and the Construction Manager’s Construction Schedule using the WBS, and periodically prepare, update, and distribute a Cash Flow Report that results from such integration. The frequency of issuance of such Cash Flow Reports shall be acceptable to the Owner and Architect. § 2.1.24 Preconstruction Phase Change Report The Construction Manager shall prepare and distribute Preconstruction Phase Change Reports weekly that shall list all Owner-approved Change Orders; all pending Change Order Requests; all pending Proposal Requests as of the date of the report; and shall state the actual effect of such Change Orders, including the potential effect of such pending Change Order Requests and pending Proposal Requests on the Control Estimate and the Construction Manager’s Construction Schedule. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare propose conversion of the most recently approved Control Estimate to a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager’s Fee. § 2.2.1.1 Alternatively, during the Preconstruction Phase, but not later than sixty (60) days prior to the date the Work is scheduled to begin being advertised for bids, the Owner, at its sole option, may request the Construction Manager to establish a Guaranteed Maximum Price for the Work. The Guaranteed Maximum Price shall be documented by the Construction Manager as defined in Section 2.2.3 and, once established the Guaranteed Maximum Price shall be subject to modification only as defined in this Agreement. § 2.2.1.2 The Guaranteed Maximum Price shall be submitted by the Construction Manager in response to Section 2.2.1.1 above to the Owner and Architect not more than thirty (30) days after receipt by the Construction Manager of the Owner’s request for the Guaranteed Maximum Price. Owner, at its sole option and discretion, may reject the Guaranteed Maximum Price proposal or any of them in the case of multiple proposals, or attempt to renegotiate the DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 13 proposal with Construction Manager (with the right to cease negotiations at any time and reject the proposal). Construction Manager shall not withdraw its Guaranteed Maximum Price proposal and its proposal shall be irrevocable and open to acceptance by Owner for Ninety (90) days after Owner’s receipt of such. Owner’s rejection of Guaranteed Maximum Price proposal shall in no way entitle Construction Manager to make any claim for compensation or damages due to such rejection, all of which claims are hereby waived and released. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall must include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .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, allowances, contingency, and the Construction Manager’s Fee; .4 The anticipated date of Substantial Completion and Construction Manager’s Project Schedule upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. Price; .6 Documentation and detail supporting the Cost of the Work (e.g. detailed quantities, unit costs, quotations, Subcontractors proposals, etc.); .7 A separate listing of any previously agreed upon Allowances and their basis; and .8 A detailed listing of the further information required from the Owner and Architect and their required issuance dates upon which the date of Substantial Completion is based. § 2.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency ("Construction Manager’s Contingency") for the Construction Manager’s exclusive use to cover those costs considered reimbursable as the Cost of the Work Work, but not included in a Change Order. § 2.2.4.1 The Construction Manager shall also include in the Guaranteed Maximum Price a separate line item labeled "Owner’s Contingency" in an amount specified by the Owner, which shall be used as specified in Section 6.7.8.4 of this Agreement. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and 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. § 2.2.6 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 Exhibit "Y" 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. § 2.2.6.1 In the event the Owner does not accept the Construction Manager’s Guaranteed Maximum Price proposal and elects not to go forward with either the Construction Manager, the Work or both, the Construction Manager shall be reimbursed in accordance with Section 10.1.2 herein. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 14 § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed upon assumptions and clarifications contained in Exhibit "Y", the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall not 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.any taxes from which the Owner is exempt by virtue of its status as a governmental entity. In the event that the Contractor is required to pay or bear the burden of any new federal, state, or local tax, or if any rate increase of an existing tax (except tax on net profits), as a result of any statue, court decision, written ruling, or regulation takes effect after the contract date, the Guaranteed Maximum Price shall be increased by the amount of the new tax, or tax increase. § 2.2.10 In determining the proposed Guaranteed Maximum Price and proposed Contract Time, the Construction Manager shall take into account the level of completeness of the proposed Contract Documents and exercise the best skill and efforts of the Construction Manager to make: .1 Appropriate judgments and inferences in connection with the requirements of such documents; .2 Such site visits and investigations of existing and observable conditions necessary to allow therefore; .3 All inquires of the Architect and Owner necessary to clarify the documents; and .4 Appropriate judgments and inferences in connection with the requirements of such documents to calculate and firmly establish both the proposed Contract Sum shown in the proposed Guaranteed Maximum Price and the proposed Contract Time represented in the updated and proposed Construction Manager’s Construction Schedule. § 2.2.11 Construction Manager warrants, represents, covenants, and agrees that all of the services to be performed by Construction Manager under or pursuant to this Agreement (including submission of the proposed Guaranteed Maximum Price and proposed Contract Time) shall be of the standard and quality which prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services in major United States urban areas under the same or similar circumstances and involving a project such as the Project. § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201–2007, A201–2017, the date of commencement of the Work shall mean means the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence commences upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal or the Owner’s issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 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 by 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 and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.Omitted. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 15 § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (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 Contract Time and 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 and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner.Omitted. § 2.3.2.3 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 prior consent of the Owner. If the Subcontract is awarded on a cost plus fee basis, 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 Section 6.11 below.Omitted. § 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related party" according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. Omitted. § 2.3.2.5 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 to the Owner and Architect. § 2.3.2.6 Upon the execution of Exhibit "Y", the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and detailed submittal schedule in accordance with Section 3.10 of A201–2007. A201–2017. § 2.3.2.7 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. The Construction Manager shall also 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. The complete log shall be made readily available to the Owner and Architect. § 2.3.2.8 The In conformance with the Construction Management Plan, 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. tracking the status and potential cost and time impacts of pending Proposal Requests, Change Order Requests, and cost and time impact of Change Orders, and Construction Change Directives. 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 2.3.2.7 above. § 2.4 Professional Services Section 3.12.10 of A201–2007 A201–2017 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201–2007 A201–2017 shall apply to both the Preconstruction and Construction Phases. § 2.6 The Construction Manager shall provide and maintain a management team on the site to provide, without limitation, sufficient contract administration to meet its obligations under this Agreement and shall establish and implement coordination and communication procedures among the Owner, Construction Manager, Architect and Subcontractors, all in accordance with the Construction Management Plan and its Information Management Plan. § 2.7 In accordance with the Construction Management Plan and its Information Management Plan, the Construction Manager shall establish and implement procedures for expediting and processing, without limitation, requests for information, shop drawings, material and equipment sample submittals, Construction Manager’s Project Schedule DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 16 adjustments, Proposal Requests, Change Order Requests, Change Orders, Construction Change Directives, substitutes, payment requests, and the maintenance of logs. The Construction Manager shall be the party to whom requests for information, submittals, Subcontractor schedule adjustment, requests, substitution requests, Proposal Requests, Change Order Requests, Change Orders, Construction Change Directives, and payment requests shall be submitted. § 2.8 Project Personnel .1 The Construction Manager shall furnish only skilled and properly trained staff for the performance of the Work. The key members of the Construction Manager’s staff shall be persons agreed upon with the Owner and identified in Exhibit "D" – Key Personnel, which is attached hereto and incorporated Herein for all purposes. .2 Such key members of the Construction Manager’s staff shall not be changed without the written consent of the Owner, unless such person becomes unable to perform any required duties due to death, disability, or termination of employment with the Construction Manager. If a key member is no longer capable of performing in the capacity described in Exhibit "D" – Key Personnel, the Owner and Construction Manager shall agree on a mutually acceptable substitute. .3 During the performance of the Work, the Construction Manager shall keep a competent superintendent at the Project site, who is fully authorized to act on behalf of the Construction Manager. Notice from the Owner or the Architect to such superintendent, in connection with defective work, instructions for performance of the Work, or any and all other issues shall be considered notice of such issues to the Construction Manager. § 2.9 Project Site Meetings Periodically the Construction Manager shall conduct meetings at the site with each Subcontractor and the Construction Manager shall conduct coordination meetings with all Subcontractors and the Architect. The Construction Manager shall record, transcribe and promptly distribute minutes to all attendees, the Owner, and the Architect, after the Construction Manager has allowed the Architect two (2) business days for review and edit of such minutes. Such Architect’s edits shall be incorporated into the minutes by the Construction Manager unless demonstrably inaccurate or misleading. § 2.10 Observation, Coordination of Other Independent Consultants Technical inspection and testing provided by the Architect or Owner’s other consultants shall be coordinated by the Construction Manager. The Construction Manager shall be provided a copy of all inspection and testing reports, preferably on the day the results of the inspection or test are available. The Owner shall provide or contract for the construction materials engineering, testing, and inspection services and the verification testing services necessary for acceptance of the Work by the Owner. The Construction Manager is not responsible for providing, nor does the Construction Manager control the actual performance of technical inspection and testing. The Construction Manager is performing a coordination function and is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of such inspection and testing performed by the Architect, Owner, or the Owner’s other consultants. § 2.11 Review and Incorporation of Time Extension Requests The Construction Manager shall, prior to the issuance of a Change Order Request to the Owner and Architect, determine, diligently validate, and negotiate on behalf of the Owner the least proposed effect of time extensions requested by the Subcontractor on the Construction Manager’s Project Schedule. If such Change Order Request is approved by Change Order, the Construction Manager shall verify that the Work and any adjustment of time required by such approval has been promptly incorporated into the Construction Manager’s Project Schedule and that of the affected Subcontractor(s). § 2.12 Construction Manager’s Project Schedule The Construction Manager shall adjust and update the Construction Manager’s Project Schedule frequently and distribute updated copies not less than monthly to the Owner and Architect for review, and subject to such review, for the Owner’s approval. All adjustments to the Construction Manager’s Project Schedule shall be made for the benefit of the Owner. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 17 § 2.13 Subcontractor’s Construction Schedule The Construction Manager shall review each Subcontractor’s Construction Schedule and shall verify that the schedule is prepared in accordance with the Construction Management Plan, its WBS, as well as the requirements of the Contract Documents and that its established completion dates comply with the requirements of the Construction Manager. § 2.14 Construction Schedule Report The Construction Manager shall review the progress of construction of each Subcontractor on a weekly basis, shall evaluate the percentage complete of each construction activity as indicated in the Subcontractor’s Construction Schedule and shall review such percentages with the Subcontractor. This evaluation shall serve as data for input to the periodic Construction Schedule Report that shall be prepared and distributed to the Subcontractor, Owner and Architect. The Construction Schedule Report shall indicate the actual progress compared to scheduled progress and shall serve as the basis for the progress payments to the Construction Manager. The Construction Manager shall determine and implement alternative courses of action that may be necessary to achieve schedule and other contract compliance by the Subcontractor. § 2.15 Recovery Schedules The Owner or Architect may require the Construction Manager, and the Construction Manager shall require the Subcontractor to prepare and submit a Recovery Schedule satisfactory to the Construction Manager when it is apparent or appears likely the Construction Manager or Subcontractor(s) will fail to meet important milestones as specified in the Construction Management Plan. § 2.16 Schedule of Values (Each Contract) The Construction Manager shall, with participation of the Subcontractors, determine a Schedule of Values for each of the construction trade subcontracts. The Schedule of Values shall comply with the WBS and shall be the basis for the allocation of the contract price to the activities shown in the Subcontractor’s Construction Schedule. § 2.17 Allocation of Costs to Subcontractor’s Construction Schedule The Subcontractor’s Construction Schedule shall have the total contract price allocated among the Subcontractor’s scheduled activities so that each of the Subcontractors activities shall be given its approximate cost and the sum of the costs of the activities shall equal the total contract price. The Construction Manager shall review the contract price allocations, first with the Subcontractors and verify they are made in accordance with the WBS and the requirements of the Contract Documents. After such verification, the allocations shall be included in the Construction Manager’s cash flow report and Construction Manager’s Project Schedule and submitted to the Construction Manager for review and approval. § 2.18 Cost Records In instances where a Construction Change Directive is issued, the Construction Manager shall, in addition to the requirements of Section 2.26, require each affected Subcontractor to keep separate records of the cost of payroll, materials and equipment expended on such Work, and the keep separate records of the amount of payments to Sub-subcontractors incurred by the Subcontractor in performing the Work. § 2.19 Progress Payments (Construction Manager) In consultation with the Owner and Architect, the Construction Manager shall review the payment applications submitted by each Subcontractor and determine whether the amount requested reflects the progress of the Subcontractor’s work. The Construction Manager shall make appropriate adjustments to each payment application and shall prepare and forward to the Owner, through the Architect, a Progress Payment Report. Each Progress Payment Report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. Included in this report shall be an Application for Payment that shall be prepared in accordance to the Contract Documents, signed by the Construction Manager and delivered to the Owner through the Architect. The Construction Manager acknowledges it is holding payments due to Subcontractors in trust, and shall make payments to all Subcontractors, suppliers and vendors as specified in the Contract Documents, and in all cases within ten (10) days following receipt of payment for such Work from the Owner unless allowed to withhold those payments based upon Subcontract provisions or as otherwise allowed by law. Receipt by the Construction Manager of payment from the Owner is required before the Construction Manager is required to make payment to a Subcontractor. In addition, the Construction Manager shall keep the Work and the site on which work is performed free and clear of DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 18 all liens and claims from its Subcontractors, Sub-subcontractors, suppliers, and vendors as further described in A201 – 2017, General Conditions. Appropriate statutory conditional and unconditional waivers and releases of lien shall be required for all progress payments and final payments to the Subcontractors, Sub-subcontractors, suppliers, and vendors. § 2.20 Cash Flow Reports The Construction Manager shall prepare, update and distribute Cash Flow Reports monthly during the Construction Phase to the Owner and the Architect. The Reports shall specify actual cash flow as compared to previously projected cash flow in the level of detail agreed to in the Construction Management Plan. § 2.21 Progress Payment Reports (Each Subcontract) The Construction Manager shall prepare and distribute the appropriate section of the Progress Payment Reports to each affected Subcontractor for their information. This section of the report shall be identical to that provided to the Owner, and shall state the total Subcontract price, payment to date, current payment requested, retainage, and actual amounts owed to that Subcontractor for that period. § 2.22 Construction Manager’s Safety Program Report In accordance with the Safety and Logistics Plan, the Construction Manager shall review the safety programs of each Subcontractor as required by the Contract Documents and coordinate the safety programs for the Project, as well as report all near-misses and safety incidents occurring on site to the Owner and Architect in writing within thirty (30) minutes of the first discovery by the Construction Manager of their occurrence. Construction Manager is solely responsible for all safety precautions and programs in connection with the Work. § 2.23 Quality Review The Construction Manager shall establish and implement a Quality Management, Commissioning and Turnover Plan to, among other things, monitor the quality of the Work. One of the purposes of the program shall be to guard the Owner against defects and deficiency in the Work of the Subcontractor(s). The Construction Manager shall reject work and transmit to the Subcontractor a notice of nonconforming Work when it is the opinion of the Construction Manager that the Work does not conform to the requirements of the Contract Documents. Except for minor variations as stated herein, the Construction Manager is not authorized as part of this service to change, evoke, enlarge, relax, alter, or release any requirement of the Contract Documents or to approve or accept any portion of the Work not performed in accordance with the Contract Documents. § 2.24 Record Documents The Construction Manager shall coordinate and expedite submittals of information from the Subcontractors for record drawings and specification preparations and shall coordinate and expedite the transmittal of Record Documents to the Owner as required by the Contract Documents. § 2.25 Operation and Maintenance Materials The Construction Manager shall receive and carefully review all operation and maintenance manuals, warranties and guarantees for materials and equipment installed in the Project Subcontractors, suppliers and manufacturers, as required by the Contract Documents. The Construction Manager shall approve those in compliance with the Contract Documents, and promptly reject in writing those not acceptable. § 2.26 Organize and Index Operations and Maintenance Materials Prior to final completion of the Work, the Construction Manager shall compile the approved editions of the Subcontractor’s, Supplier’s, and manufacturer’s operations and maintenance manuals, warranties, and guarantees, prepare electronically accessible records of, and bind hard copies of, such documents in an organized manner. § 2.27 Occupancy Permit The Construction Manager shall assist the Owner in obtaining Occupancy Permits, both a Temporary and a Final, by, without limitation, coordinating the appropriate governmental officials during inspections of the Work; preparing and submitting documentation to governmental agencies; coordinating final testing and distributing results of such testing; and other activities necessary to obtain such Occupancy Permits. § 2.28 Occupancy Plan DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 19 In accordance with the Contract Documents, if called for as part of the Project requirements, the Construction Manager shall assist the Owner in the preparation and implementation of a detailed Occupancy Plan for the Owner and the Project. This Occupancy Plan will graphically show the sequencing of Owner’s occupancy of the facility by area, with dates, access points, and parking allocations acceptable to both the Owner and Construction Manager. ARTICLE 3 OWNER’S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program 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. § 3.1.2 Prior to the execution of Exhibit "Y", 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. Thereafter, the Construction Manager may only request such evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager 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 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 Construction Manager and Architect. § 3.1.3 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 Section 6.1.1, (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. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work 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 carefully scrutinize such information for consistency with other information about the Work and exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 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. § 3.1.4.2 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 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 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. § 3.1.4.3 The Owner, when such services are requested, reasonably requested by Construction Manager to perform the Work, shall furnish services of geotechnical engineers, which may include but are not limited to 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. § 3.1.4.4 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 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 20 promptness after receiving the Construction Manager’s written request for such information or services.other services under the Owner’s control when (1) such services are reasonably required by the scope of the Work; (2) are scheduled by the Construction Manager in the approved Construction Manager’s Project Schedule; (3) and requested by the Construction Manager in writing reasonably in advance of the date required by the Construction Manager to allow the Owner to begin procurement of the requested consultant(s), and such consultant(s) to complete the requested services in the normal course of the consultant(s)’ business. § 3.2 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 A201–2007, A201–2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, insurance, accounting, auditing services, testing services, and inspection services required by statute that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B133™–2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. normally and customarily provided on projects of similar size and quality. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager’s Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager’s Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) Forty-Five Thousand dollars ($45,000) § 4.1.3 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. § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager’s personnel providing Preconstruction Phase services on the Project and the Construction Manager’s costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid ( ) 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.) % within thirty (30) days of the date the Owner receives the Construction Manager’s approvable invoice. Amounts unpaid shall bear interest at the legal rate allowed by Texas Government Code Ch. 2251. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 21 ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager’s Fee. § 5.1.1 The Construction Manager’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) As limited by the Guaranteed Maximum Price set forth in Section 5.2, the Construction Manager shall receive a basic fee (the "Construction Manager’s Fee") equal to two point three percent (2.3%) of the Cost of Work, until acceptance of the final update to the Guaranteed Maximum Price, when it will be converted to and fixed as a lump sum. § 5.1.1.1 For changes in the Work, the rate of the Construction Manager’s Fee shall be adjusted at a rate of two point three percent (2.3%), General Conditions, with the exception of an amount equal to the first zero point nine percent (0.9%) of the GMP (excluding Owner’s Contingency) in Change Orders, which shall include Zero percent (0%) Fee. § 5.1.1.2 The General Construction Manager’s Fee includes without limitation, all required off-site corporate management personnel; contract and trade contract negotiations; administration; accounting; information technology and related labor costs; off-site corporate office equipment, infrastructure and staff; and other corporate office requirements the Construction Manager may need for its operations or to complete the Work. Construction Manager shall not charge any of said costs as Costs of Work. § 5.1.1.3 The Construction Manager’s Fee shall not be subject to reduction for decreases in the Cost of the Work for accepted Value Engineering Proposals, or deductive changes in the Work. If, however, an individual reduction in the scope of the Work is substantial and exceeds zero point nine percent (0.9%) of the GMP (excluding Owner’s Contingency) in value, the Construction Manager’s Base Fee shall be reduced by a sum equal to two point three percent (2.3%) of the amount in excess of that amount. § 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work: Shall be as defined in the Contract Documents. § 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: Shall be as defined in the Contract Documents. § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project.the rates shown in Exhibit "G" – Rental Rates, and as further specified in A201 – 2017, General Conditions. § 5.1.5 Unit prices, if any:are per Exhibit "I" – Unit Costs: Such unit prices shall be considered complete and include: .1 all materials, equipment, labor, delivery, installation, supervision, overhead, profit , and fee; and .2 any other costs or expenses in connection with, or incidental to the Construction Manager’s and Subcontractor’s onsite and offsite performance of that portion of the Work to which such unit prices apply: (Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) See Exhibit I – Unit Costs DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 22 § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in Exhibit "Y", the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) To be incorporated by Change Order as Exhibit Y- Guaranteed Maximum Price Amendment, as described in this Agreement § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 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 Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201–2007, A201–2017, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time Contract Time may be adjusted as a result of changes in the Work.Work as agreed upon in writing by Owner. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Exhibit "Y", the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201–2007, A201–2017, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner’s prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 7.3.7 of AIA Document A201–2007 A201–2017 and the term "costs" as used in Section 7.3.7 of AIA Document A201–2007 A201–2017 shall have the meanings assigned to them in AIA Document A201–2007 A201–2017 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document A201–2007 A201–2017 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager’s Fee as defined in Section 5.1 of this Agreement. § 5.3.5 If no specific provision is made in Section 5.1.2 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 5.1.2 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. § 5.4 Change Order Control In accordance with the Construction Management Plan, the Construction Manager shall establish and implement a Change Order control system. § 5.4.1 After first consulting with the party initiating a request for a change in the Work, and collating the initial information necessary to issue such request, the Architect shall provide the Construction Manager with a general written description of the proposed change, together with any technical information and drawings prepared by the Architect which further detail the impact to the scope of the Work (a "Proposal Request"). The Construction Manager will promptly acknowledge receipt of the Proposal Request, the sufficiency of the information provided, and the date it will respond; or promptly and specifically request, in detail, the missing information necessary to prepare a response. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 23 § 5.4.2 The Construction Manager shall send the Proposal Request to the affected Subcontractor(s). In response to the request for a proposal, the Subcontractor(s) shall submit to the Construction Manager for evaluation detailed information concerning the costs and time adjustments, if any, necessary to perform the proposed change in Work, including without limitation the request’s impact on the quantities and unit costs of Subcontractor(s)’ previously contracted portion of time Work, if any. The Construction Manager shall discuss the proposed change with the Subcontractor(s) and endeavor to determine the Subcontractor(s)’ basis for the proposed cost and time to perform the work, and the effect thereof, if any, on the Guaranteed Maximum Price and Construction Manager’s Project Schedule. § 5.4.3 The Construction Manager shall assemble, organize, review and validate all the information provided for any request for change to the Contract Time or Guaranteed Maximum Price submitted by Subcontractor(s); and after such analysis shall diligently and vigorously negotiate the best value on behalf of the Owner with each such Subcontractor. § 5.4.4 In instances where the Construction Manager’s analysis supports the validity of the request, and the Construction Manager’s negotiations with the Subcontractor have resulted in the Owner receiving good value, the Construction Manager shall prepare a detailed Change Order Request for the Owner’s and Architect’s review. Such Change Order Request shall include, without limitation deltas in quantities and unit costs from the Work included in the Guaranteed Maximum Price and impacts to specific scheduled activities in the most recently approved Construction Manager’s Construction Schedule occasioned by the Proposal Request. § 5.4.5 The Construction Manager shall carefully review the Change Order Request and its supporting detail with the Owner and Architect; and make recommendations to them for mitigating the cost and schedule impacts thereof to both the Construction Manager’s Work and the Owner’s Project. § 5.4.6 The Construction Manager shall consult with the Architect to evaluate the merits and validate the appropriateness of the Construction Manager’s Change Order Requests, and incorporate the Architect’s opinions into the Construction Manager’s recommendations to the Owner. § 5.4.7 The Construction Manager shall consult with the Owner prior to the Owner’s consideration of any Change Order Request. Following Owner acceptance, the Construction Manager shall prepare the Change Order documents for signature by the Construction Manager, Architect and Owner, in that order. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates competitive prices not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages 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.for labor in the direct employ of Construction Manager shown in Exhibit "C" – Construction Manager’s Soft Costs and Fee, in the performance of the Work at the rates set forth in Exhibit "F" - Customary and Usual Labor Rates. § 6.2.1.1 Pursuant to Chapter 2258, Texas Government Code, all contractors and any Subcontractor involved in the construction of a public work project shall pay not less than the prevailing rates as per diem wages in the locality at the time of construction to all laborers, workmen and mechanics employed by them in the execution of this contract. Construction Manager shall assure that these requirements are met for the Project and shall insure that every contract or subcontract relating to the Work requires, on behalf of Owner, that the prevailing wage rates be paid. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 24 § 6.2.1.2 The Construction Manager shall be provided an applicable Department of Labor Wage Rate Determination for use on the Project required by Chapter 2258.022, Texas Government Code. § 6.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when stationed at the site with the Owner’s prior approval. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager’s principal or other offices shall be included in the Cost of the Work, identify in Section 11.5, the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.)Charges for Construction Manager’s personnel, when stationed at the field office and engaged exclusively in the performance of the Work, or other personnel as Construction Manager and Owner may mutually agree, as provided and set forth in Exhibit "F" - Customary and Usual Labor Rates. § 6.2.3 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged at factories, workshops or on the road, 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. § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, insurance (unless defined otherwise herein), contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, but not merit bonuses or profit-sharing provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. Charges for such costs shall not exceed the Construction Manager’s actual cost and, as a result, when computing amounts chargeable for such costs Construction Manager shall give proper consideration to what portion of such charges are solely attributable to the Work and the effect of any annual or other periodic limitations on any such charges. § 6.2.5 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, with the Owner’s prior approval.Notwithstanding Exhibit "F" – Customary and Usual Rates to be used by the Construction Manager for progress billings, the Owner shall have the right to audit the Construction Manager’s actual labor costs, burdens, and related expenditures before final payment, and adjust the Owner’s payment to the Construction Manager for variations found accordingly. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts.subcontracts properly entered into under this Agreement. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, temporary storage and transportation of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and installed, but required to provide allowance for waste and for spoilage. Unused excess materials, if any, shall become the Owner’s property be properly stored at the site, or in accordance with the Owner’s instructions, provided to the Owner at the completion of the Work or, at the Owner’s option, shall be sold by the Construction Manager. Any amounts realized Manager; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work. Construction Manager shall use its best efforts and judgment to avoid purchasing excess materials without the prior approval of the Owner. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling 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 Costs, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools (not owned by the workers) 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.Any such items used but not consumed, which are paid for by the Owner, shall become the property of the Owner and shall be delivered to the Owner upon completion of the Work in accordance DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 25 with instructions furnished by the Owner. If the Owner elects, however, the Construction Manager shall purchase any items from the Owner at a purchase price equal to the original cost charged to the Owner, less the reduction in fair market value resulting directly from any use of such item in connection with the Work or such other price which is mutually acceptable for the Owner and the Construction Manager. Upon demand by the Owner, the Construction Manager shall furnish the Owner with any information and documentation necessary to verify the period of time for which items were used in connection with the Work. § 6.5.2 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 costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner’s prior approval.of all necessary machinery and equipment, exclusive of hand tools, not used at the site of the Work, whether rented from the Construction Manager or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof. Such rental charges shall not exceed the amount set forth in Exhibit "G" – Rental Rates, attached hereto and made part hereof. In the absence of any appropriate rental amount set forth in Exhibit "G" – Rental Rates, rental charges shall be consistent with those generally prevailing in the location of the Project. The Construction Manager shall obtain bids for all machinery and equipment to be rented from no less than three (3) responsible suppliers other than the Construction Manager itself, or an Affiliate as defined herein. The Owner shall, with the advice of the Construction Manager and Construction Manager, determine which bid is to be accepted. In no event shall the Construction Manager be entitled to reimbursement for any cumulative total of rental charges in connection with any single piece of machinery or equipment in excess of sixty percent (60%) of its fair market value as of the date that such machinery or equipment is first put into service in connection with the Work. The Construction Manager shall pay any excess rental charges. Construction Manager shall disclose to the Owner and Construction Manager if any rental arrangements include a lease to purchase component as a result of which rental payments chargeable to Owner as costs are applied, in whole or in part, to Construction Manager’s acquisition of such rented equipment, in which event the rental rate otherwise provided for shall be reduced by fifty percent (50%). § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable Reproductions costs, facsimile transmissions and other electronic communications and data connections at the site, and long-distance telephone calls, postage and express delivery charges, telephone at the site and reasonable and documented petty cash expenses of the site office. § 6.5.5 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.Costs of materials and equipment suitably stored off the site at a mutually acceptable location, with the Owner’s prior approval, when stored and maintained in compliance with the Contract Documents. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents That portion of insurance and bond premiums that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval.and required by this Agreement, provided, however, that such costs shall not be included in the Cost of the Work for purposes of calculating the Construction Manager’s fee. Expenses shall be substantiated by documentation in form of substance satisfactory to Owner. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that which are related to the Work and for which the Construction Manager is liable. § 6.6.3 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. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 26 § 6.6.4 Fees of testing laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201–2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3.nonconforming Work other than that which payment is permitted under the Contract Documents. § 6.6.5 Royalties and license fees paid for the use of a particular design, process process, or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and 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. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are Documents and provided such royalties, fees, and costs are not excluded by the last sentence of Section 3.17 of AIA Document A201–2007 A201–2017 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work.Documents. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval. Omitted. § 6.6.7 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific responsibility in the Contract Documents.Omitted. § 6.6.8 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.Omitted. § 6.6.9 Subject to the Owner’s prior approval, expenses The cost of travel more than 100 miles from the site by; and commercial lodging, rental housing and meals for the Construction Manager’s supervisory personnel properly and reasonably incurred in the performance of the Work is "Travel and Subsistence". Travel and Subsistence 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.written personnel policy for actual and verifiable relocation and temporary living expenses of personnel required for the Work, in case it is necessary to relocate such personnel from locations further than one hundred (100) miles from the site, when approved by the Owner in advance and in writing, and not in excess of the line item amount shown for this purpose in Exhibit C – Construction Manager’s Soft Cost & Fee. § 6.6.10 That portion of the reasonable expenses of the Construction Manager’s personnel incurred while traveling in discharge of duties connected with the Work, when in compliance with Section 6.2.2. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 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 Section 10.4 of AIA Document A201–2007.to the extent not (1) caused by the Construction Manager, a subcontractor, or anyone for whom either is responsible, or (2) capable of being prevented through timely notice of an unsafe condition to the Owner. § 6.7.3 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 negligence or failure to fulfill a specific responsibility of the Construction Manager resulted from causes other than the fault, negligence, or neglect of Construction Manager or its subcontractors, vendors or suppliers, in whole or in part, or failure of Construction Manager or its subcontractors, vendors or suppliers to comply with all of the requirements of the Contract Documents or the failure of the Construction Manager’s personnel to adequately supervise the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recovered recoverable by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others.Subcontractors or suppliers. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 27 § 6.7.4 The costs described in Sections 6.1 through 6.7 losses included in Section 6.7.3, may include settlements made with the prior written consent and approval of Owner. No such losses and expenses shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201–2007 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 6.8.of the Work for the purpose of determining Construction Manager’s Fee unless such loss requires substantial reconstruction and Construction Manager is placed in charge thereof. In such event, Construction Manager shall be paid for profit and overhead in an amount calculated by the percentage identified in the Contract Documents, for Changes to the Work of the cost of any such reconstruction, provided such substantial reconstruction is not: (i) required due to the fault or negligence of the Construction Manager or failure of Construction Manager to comply with all of the requirements of the Contract Documents, or (ii) incidental reconstruction, which for purposes of this Section 6.7.4 is hereby deemed to mean any reconstruction involving a cost of less than One Thousand Dollars ($ 1,000). § 6.7.5 Any costs which comprise the Cost of Work, which are also set forth in the "General Conditions" portion of Exhibit "C" – Construction Manager’s Soft Costs & Fee, shall not exceed the total amount shown in aggregate therein for such expenditures. However, any single line item in General Conditions, with the sole exceptions of those included in "Weather Protection" and "Travel and Subsistence", may be exceeded if offset by the aggregate of corresponding or greater underages at other line items, and the total cost for General Conditions is not exceeded. § 6.7.5.1 Construction Manager’s Change Order Requests will include additional General Conditions costs as justifiable, and to the extent the actual expenditures of General Conditions cost items are increased by reason of increase(s) in: the duration of the Work; the quantity of Construction Manager’s facilities and equipment required; or number or duration of supervisory personnel on site directly required to enact the requested change. General Conditions costs shall not be increased for additional personnel and labor costs not actually incurred by the Construction Manager and documented to the satisfaction of the Owner. § 6.7.5.2 Notwithstanding the above, the Construction Manager has included in General Conditions sufficient supervision and project controls personnel to prepare and process a standard amount of project documentation, including without limitation, requests for information, meeting minutes, Proposal Requests, Change Order Requests, Change Orders, and other Construction Manager’s administration and deliverables normally required on similar projects. The Construction Manager will not be additionally compensated above the amount shown in General Conditions for preparing or processing these documents. § 6.7.6 The cost of properly and reasonably maintaining access to the Work in spite of, facilitating progress of the Work during, and protecting the Work itself from the impact of inclement weather is "Weather Protection". Weather Protection shall not exceed the total of the line items shown for this purpose in the General Conditions, given the Work is performed during average weather conditions for the Project site, as such average is defined in the Contract documents. § 6.7.6.1 Line items in General Conditions that shall be considered, in their aggregate, for the purpose of calculating the Weather Protection maximum costs allowable under this Agreement include weather protection, snow removal, temporary heat, and temporary protection. § 6.7.7 The actual costs for General Conditions, Weather Protection, and Travel and Subsistence will be billed on an "as incurred" and actual cost basis, and any unused portion of such amounts will revert to the Owner as savings below the Guaranteed Maximum Price. § 6.7.7.1 The Construction Manager shall, without limitation keep such separate and distinct records as are required for the Construction Manager to easily validate the accuracy of the Construction Manager’s billing for the costs of General Conditions, Weather Protection, and Travel and Subsistence. § 6.7.7.2 In the event the Construction Manager believes General Conditions, Weather Protection, or Travel and Subsistence line item(s) included in the Guaranteed Maximum Price should be increased due to changes in the Work or circumstances beyond the Construction Manager’s responsibilities to control under this Agreement; or the Owner or Construction Manager believes such line items should be lowered based on better circumstances for performing the Work than originally anticipated by the Owner and Construction Manager, the Guaranteed Maximum Price shall then be adjusted as provided in the Contract Documents for changes in the Work. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 28 § 6.7.8 The Contingencies shown in each Control Estimate, and ultimately in Exhibit "Y" – Guaranteed Maximum Price Amendment are lump sums provided within the Guaranteed Maximum Price for use by the Construction Manager and Owner as follows: .1 Preconstruction Contingency The Construction Manager’s "Preconstruction Contingency" is for the Construction Manager’s use during the Preconstruction Phase in protecting the Control Estimates and the final Guaranteed Maximum Price from estimating errors and the market conditions at the time of Subcontractor bidding. The initial Preconstruction Contingency in the first Control Estimate will be ten percent (10.0%), which initially will be inclusive of the Contractor’s Construction Contingency identified in Section 6.7.8.3 below. As the Preconstruction Contingency is not provided for the Construction Manager’s access or use during the Construction Phase, it shall be reduced to the zero (0) within seventy (70) days after the Owner’s execution of Exhibit "Y" – Guaranteed Maximum Price Amendment, and the Owners’ Contingency will be adjusted accordingly. .2 Additional Marketplace Risk After the Owner has executed Exhibit "Y" – Guaranteed Maximum Price Amendment, the Construction Manager will award Subcontractors’ contracts. Eighty percent (80%) of those subcontracts (by value) will be awarded within thirty (30) days of the Owner’s execution of the Exhibit Y - Guaranteed Maximum Price Amendment; and ninety-five percent (95%) of those subcontracts will be awarded within sixty (60) days of that date. The five percent (5%) of the unawarded subcontracts remaining (60) days after the Owner’s execution of the Exhibit Y - Guaranteed Maximum Price Amendment shall be those bid packages the Owner and Construction Manager agreed in advance are either not sufficiently documented to award, or do not pose a significant risk for remaining unawarded. Within seventy (70) days after the Owner’s execution of the Exhibit Y, a reconciliation of the Guaranteed Maximum Price and the awarded subcontracts will be performed by the Construction Manager, identifying savings beneath the Guaranteed Maximum Price (if any). These savings shall be reallocated to the Owner’s Contingency; except as mutually agreed by the Owner and Construction Manager to be collated into "Additional Marketplace Risk" line item(s) in the Schedule of Values. This Additional Marketplace Risk is to (i) protect the Cost of the Work from known and unknown scope gaps between subcontracts, as well as uncommitted commodities subject to future price changes (if any), not to exceed 1.0% of the Guaranteed Maximum Price; and (ii) protect the Guaranteed Maximum Price from specific Subcontractor(s)’ risk profile(s); and (iii) will be allocated accordingly in the Schedule of Values. .3 Construction Contingency The Construction Manager’s "Construction Contingency" is for the Construction Manager’s use during the construction of the Work, and will not exceed the sum of one percent (1.0%) of the projected Cost of the Work for new construction plus two point five percent (2.5%) of the projected Cost of the Work for renovation(s) to existing building(s). The Construction Manager’s Construction Contingency calculations shall not include the Owner’s Contingency. Under no circumstances is the Construction Manager’s Construction Contingency to be used by the Owner for increases in the scope, quality or quantity of the Work; nor by the Construction Manager for correcting nonconforming Work; Work items discovered during the Construction Phase not to be coordinated among the Subcontractor’s scope of work due to an oversight of the Construction Manager; or similar Construction Manager’s errors or omissions. The Construction Manager’s access to the Construction Manager’s Construction Contingency shall be approved in writing by the Owner on a per instance basis by the Owner as being in compliance with the above requirements, such approval not to be unreasonably withheld. .4 Owner’s Contingency DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 29 The "Owner’s Contingency" is for the Owner’s exclusive use in absorbing the increased scope of Cost of the Work items (if any) within the Construction Manager’s Guaranteed Maximum Price. Any Owner’s authorization of use of the Owner’s Contingency shall be in writing; and will ultimately require documentation in a Change Order, showing both the amount reallocated to Cost of the Work, and the balance remaining in the Owner’s Contingency. § 6.7.9 The costs described in Sections 6.1 through 6.7 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 Owner to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include (unless otherwise specifically stated in Exhibit "C" – Construction Manager’s Soft Costs and Fee 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 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager’s principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work; .5 Rental costs of machinery and equipment, except as specifically provided herein; .6 Except as provided in Section 6.7.3 of this Agreement, costs due to the fault or negligence or of failure of 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 to fulfill a specific responsibility of the Contract; .7 Costs incurred in the performance of Preconstruction Phase Services (unless specifically stated in Exhibit "C" – Construction Manager’s Soft costs and Fee); .6 .8 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 .9 Costs, other than costs included in Change Orders approved in writing by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; .10 Services and expenses of the estimating, personnel, accounting, budget control, audit and management information systems (other than pre-construction services) relating to accounting in Construction Manager ’s office and even if at the site, except as specifically identified herein; .8 Costs for services incurred during the Preconstruction Phase..11 Interest on Construction Manager ’s capital or on money borrowed by Construction Manager, including the capital employed by Construction Manager in the performance of the Work. .12 Amounts required to be paid by Construction Manager for Federal and/or State income, franchise taxes or other business taxes, but not including any applicable sales taxes; .13 Legal, accounting, or other similar professional services provided by or to Construction Manager, in regard to disputes, arbitrations, litigations or other such proceedings with Subcontractors, with municipal authorities, with Owner, the Architect or any other person or entity relating to the Project or otherwise; .14 Sales, entertainment, and meal expenses; .15 Employee vehicle expenses, including fuel above the "Travel & Subsistence" not-to-exceed amount; .16 General Conditions, Weather Protection and Travel and Subsistence in excess of the line items shown in Exhibit "C" - Construction Manager’s Soft Costs and Fee and Exhibit "Y" - Guaranteed Maximum Price Amendment; .17 Costs related to Construction Manager’s indemnification obligations; and .18 The cost of travel more than 100 miles from the site by; and Commercial lodging, rental housing and meals for the Construction Manager’s supervisory personnel properly and reasonably incurred in the performance of the Work is "Travel and Subsistence". Travel and Subsistence shall not exceed the total of the line items shown for this purpose in the General Conditions section of Exhibit "C" – Construction Manager’s Soft Costs and Fee. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 30 § 6.9 Discounts, Rebates and Refunds § 6.9.1 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 them 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. payments. 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.secured. The Construction Manager shall not obtain for its own benefit any discounts, rebates or refunds in connection with the Work from any source including but not limited to its Subcontractors, vendors, or other suppliers of goods, insurance or other services without providing the Owner with at least thirty (30) days prior written notice of the potential discount, rebate or refund and an opportunity to furnish funds if and when necessary to obtain such discount, rebate or refund on behalf of the Owner in accordance with the requirements of this Section 6.9.1. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term "related party" shall mean and elsewhere in this Agreement, the term "Related Party" shall mean any party or entity related to or affiliated with the Construction Manager or in which the Construction Manager has direct or indirect ownership or control, including without limitation: (1) a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or officer, director, partner or employee of, the Construction Manager or any entity owned by the Construction Manager has any direct or indirect interest in; (3) any party or entity with an excess of ten percent (10%) interest in the Construction Manager in the aggregate; or (4) any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" "Related Party" includes any member of the immediate family of any person identified above. § 6.10.2 If after the Construction Manager having followed the stipulations in this Agreement, any of the costs to be reimbursed are contemplated to arise from a transaction between the Construction Manager and a related party, Related Party outside of the bidding process so described, the Construction Manager shall notify the Owner in writing of the specific nature of the contemplated transaction, including the identity of the related party Related Party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, 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, Related Party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party Related Party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 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. Owner and the Construction Manager and be in accordance with the Construction Management Plan. 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 audit, inspect and copy, without limitation the Construction Manager’s records and accounts, including complete documentation supporting actual, direct and "bare" labor costs, job – cost coded labor reports accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records records, for a period of three five (5) years after final payment, or for such longer period as may be required by law. All records shall be maintained in accordance with generally accepted accounting procedures consistently applied. Subcontractors retained by the Construction Manager on a cost-plus basis shall have the same obligation to retain records and permit audits, inspections and copying as required of the Construction Manager under this Agreement. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 31 ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager Payment, including all supporting documentation as hereinafter provided, submitted to the Architect and Owner by the Construction Manager, and upon review and approval by the Owner and Architect 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. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: N/A § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the twenty-fifth (25th) day of a month, and said Application for Payment is approved, the Owner shall make payment of the certified amount to the Construction Manager not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.)thirty (30) days after the day of approval. § 7.1.4 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 cash disbursements 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, less that portion of those payments attributable to the Construction Manager’s Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 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 the various portions of the Work, except that the Construction Manager’s Fee shall be shown as a single separate item. The schedule of values shall be 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 Construction Manager’s Applications for Payment. § 7.1.6 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 for which the Construction Manager has made or intends to make actual 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. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take 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 schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201–2007;A201–2017; .2 Add 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 Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager’s Fee, less retainage of ten percent ( 10.0 %). The Construction Manager’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, shall be an amount that bears the DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 32 same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of ten percent ( 10.0 %) from that portion of the Work that the Construction Manager self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201–2007.A201–2017. § 7.1.7.1 The Owner and the Construction Manager agree the retainage on each Application for Payment shall be ten percent (10.0%). § 7.1.7.2 The first five percent (5.0%) of retainage withheld from each Application for Payment will not bear interest. § 7.1.7.3 The Owner will place the additional five percent (5.0%) retainage withheld in an interest bearing account each month, to maintain compliance with the requirements of Texas Government Code Section 2252.032 § 7.1.7.4 The accumulated interest in such account shall be paid by the Owner to the Construction Manager upon satisfactory completion of the Work under the terms of the Agreement. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.9 Except with the Owner’s prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager’s Applications for Payment, the Owner and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections; or 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. § 7.1.11 Owner shall have the right to withhold from payments due Construction Manager such sums as are necessary to protect Owner, in Owner’s sole discretion, against any loss or damage which may result from negligence by Construction Manager or failure of Construction Manager to perform Construction Manager’s obligations under this Agreement. Notwithstanding the above, nothing in this Section shall diminish the Owner’s right to find the Construction Manager in default of this Agreement and subsequently making a claim on their performance bond or insurance policy. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager whenwhen: .1 the Construction Manager has fully performed the Contract except for the Construction Manager’s responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201–2007, 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. the Architect; and .4 a complete release of all claims arising out of, related to or connected with Construction Manager’s performance of the respective Phase under this Agreement, and any claims of Subcontractors, subject to any claims reserved in accordance with the terms of the General Conditions and an affidavit that so far DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 33 as Construction Manager has knowledge or information, the release includes and covers all materials and services over which Construction Manager has control for which a claim could be filed, subject to any claims reserved in accordance with the terms of the General Conditions. 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: N/A § 7.2.2 The Owner’s auditors will review and report in writing on the Construction Manager’s final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner’s auditors report to be substantiated by the Construction Manager’s final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner’s auditors, 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 Section 9.5.1 of the AIA Document A201–2007. A201–2017. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201–2007. A201–2017. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 7.2.3 If the Owner’s auditors report the Cost of the Work as substantiated by the Construction Manager’s final accounting to be 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 Section 15.2 of A201–2007. 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. § 7.2.4 If, subsequent to final payment and at the Owner’s request, the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager 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 the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201–2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201–2007.) A201–2017.If a fixed contract amount or guaranteed maximum price has not been determined at the time the contract is awarded, the penal sums of the performance and payment bonds delivered to the Owner must each be in an amount equal to the construction budget, as specified in the request for proposals or qualifications. The Construction Manager shall deliver the bonds not later than the 10th day after the date the Construction Manager executes this Agreement unless the Construction Manager furnishes a bid bond or other financial security acceptable to the Owner to ensure that the Construction Manager will furnish the required performance and payment bonds when a guaranteed maximum price is established. Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201–2007. 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 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 34 required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201–2007, A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, 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.) [ ]Arbitration pursuant to Section 15.4 of AIA Document A201–2007A201–2017 [ X ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) § 9.3 Initial Decision Maker The Architect Owner will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007 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. services. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) N/A ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of Exhibit "Y", 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 Section 14.1.1 of A201–2007.A201–2017. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services 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 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of Exhibit "Y", 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 10.1.2: .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 5.1 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. services; and .4 Subtract the difference between the Construction Manager’s expected cost to complete the remaining unperformed Work plus its anticipated fee on that remaining unperformed Work from the actual cost incurred by the Owner to complete the Construction Manager’s Work plus any fee paid for the completion of the remaining Work. The In the event of termination of this Agreement pursuant to Section 10.1.1, the Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 35 owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. 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 10, 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. 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.Nothing in this Article 10 or in the Contract Documents shall be construed to constitute or authorize a pass through or assignment of the Construction Manager’s rights or remedies, at law or in equity, to any Subcontractor, Supplier, or any other related party. For all purposes, the Contract Documents shall not be construed to create any privity of contract between the Owner and any Subcontractor(s), Supplier(s), Related Party, or any other third-party providing services related to this Project. Likewise, nothing herein shall prohibit the Construction Manager from entering into a liquidation or pass-through agreement with any Subcontractor(s) or Supplier(s) as allowed by law based upon a claim as allowed by Texas law. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of Exhibit "Y", the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201–2007.A201–2017. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201–2007 A201–2017 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201–2007 A201–2017 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager’s Fee shall be calculated as if the Work had been fully completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed.above. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2007. A201–2017. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201–2007, A201–2017, except that the term "profit" shall be understood to mean the Construction Manager’s Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201–2007.A201–2017. § 11.2 Ownership and Use of Documents Section 1.5 of A201–2007 A201–2017 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201–2007 shall apply to both the Preconstruction and Construction Phases.This Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas. The exclusive DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 36 venue for contract disputes and all other matters related to this Contract shall be in a State district court having jurisdiction in Denton County, Texas. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement Agreement, or any rights or remedies created by this Agreement, without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201–2007, 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 such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: § 11.5.1 The Construction Manager represents and warrants the following to the Owner (in addition to any other representation and warranties contained in the Contract Documents) as a material inducement to the Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and final completion of the Work: .1 The Construction Manager is financially solvent, capable of obtaining adequate insurance, able to pay all debts as they mature and possessed of sufficient working capital to complete the Work and perform all obligations hereunder; .2 The Construction Manager is able to furnish the physical infrastructure, tools, materials, supplies, equipment and supervision, and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; .3 The Construction Manager is authorized to do business in the City of Denton, and the State of Texas and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Construction Manager and over the Work and the Project; .4 The Construction Manager’s execution of this Agreement and performance thereof is within the Construction Manager’s duly-authorized powers; .5 The Construction Manager’s duly-authorized representative has visited the site of the Project and is familiar with the local conditions under which the Work is to be performed and has correlated its observations with the requirements of the Contract Documents; .6 The Construction Manager possesses a high level of experience and expertise in the business administration, construction, construction management and superintendence of projects of this size, complexity and nature of this particular Project and will perform the Work with the care, skill and diligence of such a contractor; .7 The foregoing warranties are in addition to, and not in lieu of, any and all other liability imposed upon the Contactor by law with respect to the Construction Manager’s duties, obligations, and performance hereunder; and .8 The Construction Manager acknowledges that the Owner is relying upon the Construction Manager’s skill and experience in connection with the proper, timely and diligent prosecution of the Work. § 11.5.2 In the event any provision contained in this Agreement conflicts with any provision contained in the Contract Documents, the more stringent provision for the Construction Manager, as interpreted by the Owner, shall govern. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 37 § 11.5.3 Some or all of the Owner’s duties, approvals and actions required under this Agreement may be provided by third parties by mutual agreement of the Owner and such third parties. When notified in writing of the specific duties and responsibilities of such third party, the Construction Manager will recognize the actions and approvals of the third party as sufficient to fulfill the Owner’s responsibilities under this Agreement. § 11.5.4 The Construction Manager shall provide sufficient supporting documentation in form and with a level of detail wholly acceptable to the Owner and Construction Manager to substantiate any Application for Payment, request for Change to the Contract Sum or Contract Time, and all contract Allowances provided within the Construction Manager’s Contract Sum for this scope of work. Failure to timely provide all supporting documentation, in and of itself, may result in rejection of the Application for Payment or requested change to the Contract Sum or Contract Time, or payment for work charged to the Allowance(s). § 11.5.5 Proof of purchase and warehouse insurance naming the Owner, Construction Manager and Architect as additional insureds, together with inspection rights for the Owner, Construction Manager and Architect is to be provided for any billed materials by the Construction Manager for the work not physically stored at the Project site. § 11.5.6 Time limits set out in or under this Agreement are solely for the protection and benefit of the Owner and create no third-party beneficiary rights in any other party. § 11.5.7 Notices. All legal notices, consents, approvals, demands, requests or other communications provided for or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given or served when delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: If to Owner: Todd Hileman City Manager City of Denton 215 East McKinney Street Denton, Texas 76201 With an additional copy to: for the Police Department Headquarters Renovation: Larry Chan City of Denton Facilities Department Project Manager 869 South Woodrow Lane Denton, TX 76205 (940) 349-7755 Larry.Chan@cityofdenton.com and, for the Police Substation & Firing Range: Jody Strickland City of Denton Facilities Department Project Manager 869 South Woodrow Lane Denton, TX 76205 (940) 349-7255 Jody.Strickland@cityofdenton.com And with a copy to City Attorney’s point of contact: Larry Collister City of Denton DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 38 215 East McKinney St. Denton, TX 76201 If to Construction Manager: Martin Lehman Thos. S Byrne, Inc. President, North Texas 551 East Berry Street Fort Worth, TX 76104 (817) 335—3394 mlehman@tsbyrne.com § 11.5.8 All Exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. § 11.5.9 The numbering and captions of the sections are set forth only for convenience and reference and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. § 11.5.10 The parties agree that they will execute any further instrument or instruments, and that they will perform any act or acts, which are or may become necessary to effectuate any of the terms or provisions of this Agreement. § 11.5.11 Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Owner or Construction Manager. § 11.5.12 This Agreement has been created jointly and ambiguity cannot be construed against either party. § 11.5.13 Notwithstanding anything to the contrary in the Contract Documents, the Contract and all of its terms and conditions are subject to approval or modification by the Owner’s lender or financial institution (the "Lender"), if any. The Construction Manager acknowledges that the Owner is financing the Work with a Lender, or by bonds, notes, certificates of obligation, and other obligations authorized to be issued by the Owner and will use its best efforts to comply with the requirements of such Lender, including, without limitation, making the site of the Work available at reasonable times for inspection by such Lender; curing defaults existing under the Contract Documents; and executing a consent to assignment of the Contract Documents in the form required by such Lender and any other documents such Lender may reasonably request. § 11.5.14 If required by the Owner or the Lender, if any, all payments to the Construction Manager shall be made through a construction escrow (hereinafter referred to as the "Escrow") established with the escrow trustee or such other entity as may be identified in Exhibit "M" – Escrow and Financing Conditions, (hereinafter referred to as the "Escrowee") mutually acceptable to the Owner, the Lender and the Construction Manager. The Lender, if any, may also impose other reasonable conditions consistent with the standards of the industry for construction financing. The Construction Manager hereby agrees to execute an escrow agreement that shall be consistent with the requirements of the Contract Documents, except as the standard procedures of the Escrowee may otherwise require; structured to provide that the Escrowee may disburse funds directly to Subcontractors or to the Construction Manager and Subcontractors payable jointly, if so directed by the Owner; and otherwise reasonably satisfactory to the Owner, the Architect, and the Construction Manager (the "the Escrow and Financing Conditions"). All parties thereto shall use their best efforts to cooperate with the Escrowee. After full execution, the Escrow and Financing Conditions shall be attached hereto and made part hereof as Exhibit "M" – Escrow and Financing Conditions. § 11.5.15 This Agreement is and shall be subject to those provisions required of political subdivisions by the laws of the State of Texas. The Construction Manager understands that the Owner is a Texas home rule municipality and that the project is subject to applicable provisions of Texas law including bid requirements, bonding, and final settlement provisions. § 11.5.16 Construction Manager understands that certain information, including this Agreement, are public records available for public inspection and copying under the Texas Open Records Act., Texas Government Code Ch. 552, as amended, and other applicable laws. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 39 § 11.5.17 The Owner represents that there are sufficient funds available to undertake this Project. § 11.5.18 No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the governmental or soverign immunities, rights, benefits, or protections of the Owner. § 11.5.19 Construction Manager warrants that the products, processes, techniques and methodologies provided by Construction Manager shall not infringe upon the copyright, patent or other proprietary rights of others. § 11.5.20 Construction Manager certifies and warrants that no gratuities, kickbacks or contingency fees were paid in connection with this Agreement, nor were any fees, commissions, gifts or other considerations made contingent upon the award of this Agreement. Construction Manager warrants that to the best of Construction Manager’s knowledge, there exists no actual or potential conflict of interest, and no financial or substantial interest as may be prohibited by Texas law, the Charter, or Code of Ethics of the City of Denton between Construction Manager and Owner. § 11.5.21 Construction Manager shall comply with the disclosure and reporting requirements in Local Government Code Chapters 171 and 176, and Texas Government Code Sec. 2252.908. Under Sec. 2252.908, if City Council approval is required to award this Agreement or if this Agreement has a value of at least $1,000,000, the City may not enter into the Agreement unless the Construction Manager submits a disclosure of interested parties to the City at the time the executed Agreement is presented to the City. The disclosure must be made on the form prescribed by the Texas Ethics Commission and the City is required to submit a copy of the disclosure statement to the Texas Ethics Commission not later than the 30th day after the disclosure is received by the City. § 11.5.22 In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein. § 11.5.23 Construction Manager understands and agrees that TIME IS OF THE ESSENCE. § 11.5.24 This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. § 11.5.25 Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 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. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133–2009, 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 PriceThis Agreement; .2 AIA Document A201–2007, A201–2017, General Conditions of the Contract for Construction Construction, as amended; .3 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following: .4 AIA Document E202™–2008, Building Information Modeling Protocol Exhibit, if completed, or the following: DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 40 .5 Other documents: (List other documents, if any, forming part of the Agreement.) Exhibit "A" – Scope of Work Exhibit "B" – Construction Manager’s Project Schedule Exhibit "C" – Construction Manager’s Soft Costs and Fee Exhibit "D" – Key Personnel Exhibit "E" – Confidentiality of the Project Exhibit "F" – Customary and Usual Labor Rates Exhibit "G" – Rental Rates Exhibit "H" – Alternates with Costs and Expiration Dates This Agreement is entered into Exhibit "I" – Unit Costs Exhibit "J" – Allowances Exhibit "K" – Schedule of Values Exhibit "L" – Control Estimate # 01 Exhibit "M" – Escrow and Financing Conditions Exhibit "N" – Disputed Work Schedule Exhibit "X" – Construction Manager’s Insurance Certificate(s) Exhibit "Y" – Guaranteed Maximum Price Amendment Exhibit "Z" – Schedule of Exhibits IN WITNESS WHEREOF, intending to be bound, the Parties have entered into this Agreement as of the day and year first written above. OWNER (Signature)CONSTRUCTION MANAGER (Signature) (Printed name and title)(Printed name and title) DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 41 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT ATTEST: ROSA RIOS, CITY SECRETARY By;_______________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By;_______________________________ CONSTRUCTION MANAGER BY: _______________________________ AUTHORIZED SIGNATURE Date: _______________________________ Printed Name: ________________________ Title: _______________________________ _______________________________ PHONE NUMBER _______________________________ EMAIL ADDRESS _______________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _________________________ TODD HILEMAN CITY MANAGER DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 4/13/2020 817-335-3394 mlehman@tsbyrne.com Martin Lehman President Scott Gray Director - Airport, Capital Planning, Facilities Facilities Management AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:59:22 ET on 04/12/2020 under Order No.3506439976 which expires on 05/15/2020, and is not for resale. User Notes: (1718825016) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Chris Squadra, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 15:59:22 ET on 04/12/2020 under Order No. 3506439976 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133™ – 2009, 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, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 13-APR-2020 Chris Squadra, Principal DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Document A201TM – 2017 General Conditions of the Contract for Construction Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 1 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. for the following PROJECT:PROJECTS: (Name and location or address) Police Department Headquarters Renovation City Hall East Building 601 East Hickory Street Denton, TX 76205 and; Police Substation & Firing Range 4111 Vintage Blvd Denton, TX 76226 THE OWNER: (Name, legal status and address) City of Denton 215 East McKinney Street Denton, Texas 76201 (940) 349-8307 THE ARCHITECT: (Name, legal status and address) Brandstetter Carroll, Inc. 2360 Chauvin Drive Lexington, KY 40517 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 2 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 3 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 As-Built Documents, Definition of 1.1.11 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 4 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 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, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Management Plan, Definition of 1.1.10 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 1.5.5, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 5 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 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, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 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, 15.1.6, 15.2.5 Design-Build Scope, Definition of 1.1.13 Digital Data Use and Transmission 1.71.7, 1.7.1 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 6 Equal to (or Approved Equal), Definition of 1.1.14 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 Force Majeure, Definition of 1.1.15 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Indemnitees, Definition of 1.1.9 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Knowledge, Definition of 1.1.16 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 7 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of ServiceDesign Documents 1.1.1, 1.1.6, 1.1.7, 1.5, 1.5.1, 1.5.2, 1.5.3, 1.5.4, 1.5.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 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, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 8 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 1.9, 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 9 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 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, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 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, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 1.9, 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, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 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, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 1.9, 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 1.5.5, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 10 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 11 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. The Contractor shall assist and cooperate in preparing the Agreement, and within five (5) days after notification of award of the Work, having met with the Owner to finalize the Agreement, execute and deliver four (4) copies to the Owner. § 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. This Agreement was the result of negotiations between the Owner and Contractor, and has been reviewed by the Owner, Contractor and their respective counsel. Accordingly, this Agreement shall be deemed to be the product of both parties and no ambiguity shall be construed in favor of or against either party. The terms "Agreement" and "Contract" shall be used interchangeably to have the same meaning as defined in this Section 1.1.2. § 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. supplies, skill, supervision, transportation, support services, facilities and other resources necessary or proper or incidental to the carrying out and completion of the terms of the contract and all other items of cost or value needed to produce, construct and fully complete the Work identified by the Contract Documents. 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. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 12 § 1.1.7 Design Documents Design Documents 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. Design Documents may include, without limitation, studies, surveys, models, sketches, drawings, specifications, the Project Manual and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith.decisions. § 1.1.9 The Indemnitees The Owner, which includes the Mayor, members of the City Council, employees, agents, assigns, and other city officers, the Owner’s consultants, the Architect, Architect’s consultants, and the agents and employees of any of them shall hereafter be known as the "Indemnitees". § 1.1.10 Construction Management Plan The Construction Management Plan is prepared by the Contractor for its use in managing the Work and is not a Contract Document. The Construction Management Plan must include, at a minimum and without limitation, the following separate deliverables, which are subject to review and approval by the Architect and Owner: .1 Safety and Logistics Plan; .2 Contractor’s Construction Schedule; .3 Cost Management Plan, Control Estimate and Schedule of Values; .4 Quality Management, Commissioning and Turnover Plan; and .5 Information Management System. § 1.1.11 As-Built Documents The As-Built Documents are the Drawings, Specifications, and addenda thereto that may be updated by the Contractor to accurately reflect the actual Work in place, including without limitation, the incorporation of Change Orders, responses to the Contractor’s requests for information, Architect’s supplemental instructions, field modifications, and other similar changes made to the Work during construction. The As-Built documents shall conform to the format and compatibility requirements of Section 1.5.3. § 1.1.12 Work Breakdown Structure The project’s Work Breakdown Structure ("WBS") is a deliverable-oriented, hierarchical organization of the Project components to be executed by the Owner, and its accompanying numbering system. The WBS will be mutually agreed upon by the Owner and Architect and used by the Contractor. § 1.1.13 Design-Build Scope Such portions of the Work, if any, required by the Contract Documents be designed by the Contractor, a Subcontractor, or anyone for whom they are responsible. § 1.1.14 Equal to (or Approved Equal) Products by manufacturers and information about those products other than those products specified in the Contract Documents which the Contractor may submit for substitution as equal to those products specified in the Contract Documents; which may be incorporated in the Work after using the process specified in the Contract Documents for review and acceptance by the Architect and acceptance of same by the Owner. § 1.1.15 Force Majeure An act of God, fire, tornado, hurricane, flood, earthquake, explosion, war on American soil, civil disturbance, labor strikes, and similar unavoidable circumstances beyond Contractor’s control, not caused by the negligent act or omission of Contractor or breach of this Agreement, its Subcontractors, or anyone else for whom Contractor is responsible, and not caused by Contractor’s breach of a project labor or a "no strike" agreement. § 1.1.16 Knowledge DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 13 The terms "knowledge," "recognize" and "discover," their respective derivatives and similar terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows or should know, recognizes or should recognize and discovers or should discover in exercising the care, skill, and diligence of a diligent and prudent contractor familiar with the Work. Analogously, the expression "reasonably inferable" and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a diligent and prudent contractor familiar with the Work and in accordance with the highest standards in the construction profession. § 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. Where a conflict occurs between or within standards, specifications, and drawings, the more stringent or higher quality requirements shall apply. The precedence and coordination of the Contract Documents are as follows: .1 Any addenda and modifications to the Drawings and Specifications take precedence over any earlier Contract Documents. .2 Should there be a conflict within the Specifications, or within the Drawings, or between the Drawings and Specification, the Architect shall decide which stipulation will provide the best installation and its decision shall be final. .3 The Drawing and Specifications are intended to coordinate with each other. Anything shown on the Drawings but not mentioned in the Specification or vice-versa, or anything not expressly set forth in either, but which is reasonably implied, shall be furnished as though specifically shown and mentioned in both without any extra charge. .4 The Drawings, for purposes of clearness and legibility, are essentially diagrammatic, and although the sizes and locations of equipment are shown to scale wherever possible, the Contractor, Subcontractors, and Sub-subcontractors are required to familiarize themselves with all the Work required by the Contract Documents. Each Contractor, Subcontractor, and Sub-subcontractor shall properly coordinate its work with that of the Owner and all Separate Contractors. It is not within the scope of the Drawings to show all necessary offsets, obstructions or structural conditions. It shall be the responsibility of each Contractor to plan, coordinate, and install its work in such a manner so as to conform to the structure. Any conflict within the Drawings shall be referred to the Architect for disposition prior to the installation of any affected work. .5 Figured dimensions contained in the Contract Documents shall be accurately followed, even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not figured, shall be executed until instructions have been obtained from the Architect as to the dimensions to be used. Larger scale Drawings shall have preference over smaller scale drawings, but discrepancies shall be referred to the Architect for interpretation. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 14 § 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.that are a part of this Contract. § 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 ServiceDesign Documents § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.Design Documents are the product of work made for hire. These are and shall remain the sole property of the Owner. The Architect assigns to Owner all remaining proprietary rights that the Architect and its consultants may possess in the Design Documents including, without limitation, all copyright and other intellectual property rights. Disputes between the parties shall not impact this transfer of ownership, neither will a termination of this Agreement. In the event of a dispute between the parties regarding payment for Basic or Additional Services, the Architect is not obligated to deliver additional Design Documents or services for which it claims that it has not been paid, but the Owner’s right to use the Design Documents and other services in its possession shall not be restricted. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants.Project is the property of the Owner, and, without limitation, the Architect may not use the Design Documents for any purpose not related to the Project without the Owner’s prior written consent. § 1.5.3 When requested by the Owner, the Architect shall furnish to the Owner the most current Design Documents, to include, without limitation all the most current drawings, design and engineering calculations, specifications, and any other information which the Architect or the Architect’s consultant(s) have created in connection with or for the Project. At a minimum this information shall be provided in electronic format compatible with the most recent versions of the industry standard software for such information. Specifically, drawings shall be compatible with AutoCADD; design and engineering calculations compatible with MS Excel; and specifications with MS Word. All layers and information shall be fully accessible (not "PDF", "protected", or "plot" files). § 1.5.4 Submittal or distribution of the Design Documents or any portion thereof to meet official laws, statutes, ordinances and regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Owner’s reserved rights. § 1.5.5 The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers are authorized to use and reproduce the Design Documents 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 Design Documents. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Design Documents on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 15 whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service Design Documents or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data.data in writing, as mutually agreed. § 1.7.1 The Contractor, at any time upon the request of the Owner, shall immediately return and surrender to the Owner, without limitation, all electronic and hard copies of any Project-related materials, records, notices, memoranda, recordings, drawings, specifications, mock-ups and any other documents furnished by the Owner or the Architect to the Contractor. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without written agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, model, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.9 The representations and warranties contained in the Contract Documents shall survive the complete performance of the Work or earlier termination of this Agreement. 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.the following information to a person, including the Architect or Contractor, who makes a request for information under Texas Government Code Chapter 2253, related to a payment or performance bond: (1) a certified copy of a payment bond and any attachment to the bond; (2) the public work contract for which the bond was given; and (3) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, for obtaining information concerning licensed insurance companies. § 2.1.3 The Owner may obtain independent review(s) of the Architect’s Design Documents, or of any document or other materials submitted by the Contractor, by a separate architect, engineer, contractor , cost estimator or any other consultant they deem necessary and put under contract to or cause to be employed by the Owner. Such independent review shall be undertaken at the Owner’s expense in a timely manner and shall not delay the orderly progress of the Work. The Architect and Contractor shall cooperate with such Owner’s other consultants fully and respond to their reviews and comments in writing in a timely and comprehensive manner. This provision shall not be interpreted to require the Owner to obtain an independent review or imply that the Owner is in any way assuming responsibility for the work of the Architect and Contractor. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 16 § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately appropriately, and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.Section 1.5.5. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 17 § 2.3.7 The foregoing are, without limitation and in addition to, the other duties and responsibilities of the Owner specified in Article 6; Article 9; and Article 11. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.by Section 6.1.3 nor shall the exercise of the Owner’s right hereunder give rise to any claim by Contractor for additions to the Contract Sum or Contract Time. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner forty-eight (48) hours from receipt of written notice from the Owner or Architect to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, The Architect may, at the direction of the Owner, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. § 2.6 Extent of Owner Rights § 2.6.1 The rights stated in this Article 2 and elsewhere in the Contract Documents are cumulative and not in limitation of any rights of the Owner granted in the Contract Documents; at law; or in equity. § 2.6.2 In no event shall the Owner or Architect have control over, charge of, or any responsibility for construction means, methods, techniques, sequences, or procedures or for safety precautions and programs in connection with the Work. Notwithstanding anything else herein, and without limitation, any review(s), independent or otherwise, or approval(s) by the Owner or Architect of the Design Documents, the Contract Documents, the Contractor’s Construction Management Plan(s), the Contractor’s Construction Schedule, shop drawings, submittals, meeting minutes or other Contractor’s services, deliverables or activities; nor the exercising of any of the rights and authority granted the Owner or Architect in the Contract Documents shall in any way reduce, diminish, or otherwise affect the Contractor’s responsibilities, duties and accountability to the Owner for, without limitation, the construction means, methods, techniques, sequences, procedures or for safety precautions, and the provision of the Work per the requirements of the Contract Documents. § 2.6.3 The Owner reserves the right to have the Contractor and/or subcontractors remove person(s) and/or personnel from any and all work on the Project for cause but without cost to the Owner. Such requests from the Owner will be made in writing and may be done directly or indirectly through the Architect/Engineer or on-site representative. "Cause" may include, but is not limited to, any of the following: incompetence, poor workmanship, poor scheduling abilities, poor coordination, disruptive to the project, the facility or others, poor management, cause delay or delays, will not strictly adhere to facility procedures and project requirements either willfully or unknowingly, insubordination, drug/alcohol use, possession of contraband, belligerent acts or actions, etc. The Contractor shall provide replacement person(s) and/or personnel acceptable to the Owner at no cost to the Owner. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Contract or 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. located, Denton County, Texas. 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. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 18 § 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 its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Prior to execution of the Agreement, the Contractor and each Subcontractor have evaluated and satisfied themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation, (i) the location, condition, layout, and nature of the Project site and surrounding areas and generally prevailing climatic conditions; (ii) anticipated labor supply and costs; (iii) availability and cost of materials, tools, and equipment; and (iv) other similar issues. The Owner and Architect assume no responsibility or liability for the physical condition or safety of the Project site, or any improvements located on the Project site. Except as set forth in Section 10.3, the Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner and Architect shall not be required to make any adjustment in either the Contract Sum or the Contract Time in connection with any failure by the Contractor or any Subcontractor to have complied with the requirements of this Section 3.2.1. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of and verify any existing conditions related to that portion of the Work, and shall observe and verify the impact of 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. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction per Section 12.2. 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 submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.authorities unless such error, inconsistency or omission could be ascertained from a careful study of the Contract Documents in its capacity as a contractor and not as a design professional. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 19 shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. in accordance with the Contract Documents. § 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. § 3.3.4 The Contractor shall carefully check its own work and that of Subcontractors as the Work is being performed. § 3.3.5 During the finishing stages of the project, the Contractor shall make frequent inspections of the Work, with the applicable Subcontractor(s) involved, if any, with seven (7) days advance notice to the Architect, and the Contractor shall identify incorrect and faulty Work. § 3.3.6 The Contractor shall ensure that incorrect or faulty Work is corrected immediately. § 3.3.7 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 their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except The Contractor is encouraged to consider products and systems that improve the project and retain the character of the products specified, but do not alter the intent of the project. However, except in the case of minor changes in the Work approved authorized by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section Sections 3.12.8 or 7.4, the Contractor may make substitutions only by a formal request for substitution of products in place of those specified with the consent of the Owner, after evaluation by the Architect and in accordance with in accordance with the conditions set forth below and elsewhere in the Contract Documents, and a Change Order or Construction Change Directive. The Contractor must submit to the Architect and the Owner, for each proposed substitution: .1 A full explanation of the proposed substitution and submittal of all supporting data, including technical information, catalog "cut sheets", warranties, test results, installation instructions, operating procedures, and other like information necessary for a complete evaluation of the substitution; .2 A written explanation of the reasons the substitution is advantageous and necessary, including the benefits to the Owner and the Work in the event the substitution is acceptable; .3 The adjustment, if any, in the Contract Sum, in the event the substitution is acceptable; .4 The adjustment, if any, in the time of completion of the Contract and the Contractor’s Construction Schedule in the event the substitution is acceptable; .5 An affidavit stating that (1) the proposed substitution conforms to and meets all the requirements of the pertinent Specifications and the requirements shown on the Drawings, and (2) the Contractor accepts the DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 20 warranty and correction obligations in connection with the proposed substitution as if originally specified by the Architect; .6 Proposals for substitutions shall be submitted electronically to the Architect and the Owner’s other consultants, if any, in sufficient time to allow no less than ten (10) business days for their respective reviews; .7 No substitutions will be considered or allowed without the Contractor’s submittal of complete substantiating data and information as stated herein; and .8 Substitutions and alternates may be rejected without explanation and will be considered only under one or more of the following conditions: (1) the proposal is required for compliance with interpretation of code requirements or insurance regulations then existing; (2) specified products are unavailable through no fault of the Contractor; (3) subsequent information discloses the inability of specified products to perform properly or to fit in the designated space; (4) the manufacturer/fabricator refuses to certify or guarantee the performance of the specified product as required; and (5) when, in the judgment of the Owner or the Architect, a substitution would be substantially in the Owner’s best interests, in terms of cost, time, or other considerations; and .9 Whether or not any proposed substitution is accepted by the Owner, the Owner’s other consultants, if any (if any), or the Architect, the Contractor shall reimburse the Owner for any fees charged by the Architect, and the Owner’s other consultants for evaluating each proposed substitute. § 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. Smoking and chewing of tobacco products is prohibited in enclosed new construction. No glass bottles shall be brought on the construction site or Owner’s property by any construction personnel. § 3.4.4 All work under this Agreement shall be performed in a skillful and workmanlike manner in accordance with the highest industry standards. § 3.4.5 The Contractor shall only employ or use labor in connection with the Work capable of working harmoniously with all trades, crafts, and any other individuals associated with the Project. The Contractor shall also use best efforts to minimize the likelihood of any strike, work stoppage, or other labor disturbance. .1 If the Work is to be performed by trade unions, the Contractor shall make all necessary arrangements to reconcile, without delay, damage, or cost to the Owner and without recourse to the Architect or the Owner, any conflict between the Contract Documents and any agreements or regulations of any kind at any time in force among members or councils that regulate or distinguish the activities that shall not be included in the work of any particular trade; and .2 In case the progress of the Work is affected by any undue delay in furnishing or installing any items or materials or equipment required under the Contract Documents because of such conflict involving any such labor agreement or regulation, the Owner may require that other material or equipment of equal kind and quality be provided pursuant to a Change Order or Construction Change Directive. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to with 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. THE CONTRACTOR SHALL DEFEND AND HOLD THE OWNER HARMLESS AGAINST ANY CLAIM, DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 21 DEMAND, LOSS, OR DAMAGE BY ANY BREACH OF THIS WARRANTY, AND CONTRACTOR ACKNOWLEDGES IT SHALL NOT LIMIT SUCH WARRANTY BY THE PROVISIONS OF SECTION 12.2. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. Owner and shall commence in accordance with Section 9.8.4. § 3.5.3 When written warranties are specified, the document shall include the following information: Name and address of Project and Owner; Article, materials, or systems covered; Name and address of Installer; Name and address of Contractor; and Signature of individual authorized to sign contracts for the company issuing the warranty. § 3.5.4 The following minimum warranty terms shall be incorporated: .1 Duration shall be one year or as otherwise specified, dated from the Date of Substantial Completion; .2 The article, material or system is free from defective materials and workmanship; .3 Costs of repair or replacement shall not accrue to the Owner, including, without limitation, repair or replacement of other work disturbed by, or because of, repair or replacement; and .4 The warranty period of one year, or as otherwise specified, shall recommence upon the identification and completion by Contractor and acceptance by Owner of any warranty claim during the initial one-year (1) warranty period. § 3.5.5 Warranties which are provided by a manufacturer for its product shall be received by the Contractor, filled out and filed with the manufacturer or other appropriate entity in coordination with the Owner. Certificates or registration stubs shall be included with the record documents submitted for the Owner upon completion of the Work. The Owner shall administrate manufacturer’s warranties/guarantees after expiration of the Contractor’s warranty. § 3.5.6 Temporary or trial usage by the Owner of any mechanical device, machinery, apparatus, equipment, or any work or material supplied under the Contract Documents before final completion and written acceptance by the Architect and Owner shall not be construed as evidence of the Architect’s or the Owner’s acceptance of same, or the commencement of any warranty periods. § 3.5.7 The Owner has the privilege of such temporary or trial usage, for such reasonable time as the Owner, or the Architect deem proper. The Contractor shall make no claims for damage or injury to, or breaking of, any parts of such work which may be caused by weakness or insufficiency of structural parts, or by defective materials or workmanship. § 3.5.8 The Contractor may, without cost to the Owner, make such trial usage. However, trials shall only be conducted with the Architect’s prior approval and under its observation as may be required by either of them. Equipment and/or materials shall be replaced or returned to "as new" condition prior to acceptance by the Owner. § 3.5.9 The Contractor agrees to assign to the Owner at the time of final completion of the Work any and all manufacturer’s warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties. § 3.5.10 If necessary as a matter of law, the Contractor may retain the right to enforce directly any such manufacturers’ warranties during the one (1) year period following the date of Substantial Completion described in Section 12.2.2. § 3.6 Taxes The Contractor shall shall, to the extent not exempted under Section 13.11.11 herein, pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 22 concluded, whether or not yet effective or merely scheduled to go into effect. In no event shall the Owner pay the Contractor for taxes that were not properly due or for which the Owner is exempt from paying under Texas law. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor Owner shall secure and pay for the building permit as well as for permit. The Owner shall also pay for any applicable gas, water, sewer and electrical service application fees; assessments against the property, including property tax, developmental excise and similar taxes; sewer, water, and related utility tap fees; and sewer plant improvement fees, unless exempted under Texas law. The Contractor shall secure and pay for all 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, regardless of whether such work is in accordance with Contract Documents, and without notice to the Architect that the Contract Documents are at variance with applicable laws, ordinances, rules, or regulations, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. Codes and ordinances shall take full and complete precedence over anything contained in the Drawings, Specifications, or other Contract Documents, except where the Contract Documents call for Work or materials of higher standards than those required by codes or ordinances, in which case, the Contract Documents shall govern. Nothing contained in the Contract Documents shall be construed as authority for the Contractor to violate any applicable codes or ordinances in effect at the site. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 seven (7) days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that if, in the Architect’s opinion, they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that If, in the Architect’s opinion, the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.4.1 In no event shall any adjustment in the Contract Sum or Contract Time be made for conditions which should have been known to the Contractor or would have been noticed by a Contractor of similar size and experience pursuant to its on-site inspection; by way of or conditions referenced in any other inspections or tests concerning the site which have been made available to the Contractor or have been performed by the Contractor or its Subcontractors; are part of the Contract Documents; or are part of the materials provided by the Contractor to be used in constructing the improvements. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 23 § 3.7.6 The Contractor shall comply with all applicable laws, statutes, rules, codes, orders, regulations, and ordinances, including, but not limited to, all immigration, environmental and safety laws, statutes, rules, codes, orders and regulations. .1 The Contractor shall also maintain at all times during the term of the this Agreement (and for the time otherwise required by law) all records required by the United States Citizenship and Immigration Services ("USCIS"), including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees and shall respond at all times during the term of this Agreement in a timely fashion to any inspection request related to such I-9 forms by the Contractor, Owner or governmental agency or authority; .2 Furthermore, during the term of this Agreement, and for the time otherwise required by law, Contractor shall cause its officers, directors, managers, agents, and employees to cooperate fully in all respects with any audit, inquiry, inspection, or investigation that may be conducted by the USCIS of the Contractor or any of its employees or subcontractors; .3 The Contractor shall immediately, and in any event within two (2) hours of Contractor’s first notice of an event described in this Section 3.7.6, notify the Owner in writing and by in-person voice communications (not voicemail) of any unscheduled inspections, raids, investigations, inquiries, visits, or audits conducted by the USCIS, OSHA, or any other governmental agency or authority related to environmental, immigration, or employee safety issues of the Contractor, its agents, employees, its Architect, Subcontractors, or Sub-subcontractors; .4 The Contractor shall, on a monthly basis during the term of this Agreement, conduct an audit of the I-9 forms for its employees and shall promptly correct any defects or deficiencies that are identified as a result of such audit; .5 The Owner may, at its sole discretion, terminate this Agreement immediately if, at any time during the term of this Agreement, the Contractor violates or is in breach of any provision of this Section 3.7.6, or the USCIS determines that Contractor has not complied with any of the immigration laws, statutes, rules, codes, or regulations of the United States or any applicable state laws or regulations, or any applicable local ordinances, including, without limitation, the Immigration Reform and Control Act of 1986, as amended, and the Illegal Immigration Reform and Immigration Responsibility Act of 1996, as amended, and any successor statutes thereto; .6 If an employee of the Contractor or if the Contractor is later determined to not have valid I-9 information then that employee shall be removed and barred from the Project site at the Contractor’s expense; and .7 The Contractor shall require the Subcontractors, Sub-subcontractors and material suppliers to make the representations and warranties set forth in this Section 3.7.6 and to be bound by the same requirements set forth herein. § 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. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 24 § 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. Work including, but not limited to, weekends, evenings and nights, or as otherwise reasonably and mutually agreed in writing with the Owner, until all punch list items have been completed to the satisfaction of the Architect. No subcontractor shall perform work on the site without the presence of the Superintendent or Assistant Superintendent. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 All of the Contractor’s proposed on-site personnel must be approved by the Architect and Owner. 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. Substitution or other significant personnel changes which may affect the Contractor’s on-site personnel must be preceded by written notification of the Architect and Owner no less than seven (7) business days before the anticipated event. Such proposed changes must be approved by the Architect and Owner. The Contractor shall designate a second person in charge in writing in the event the Superintendent is temporarily absent due to illness, vacation, or any other cause(s). § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.1.1 Where the Contract is based on a Stipulated Sum, the Contractor, immediately after being awarded the Work, and before execution of the Agreement, shall meet at a Preconstruction Conference with the Owner for the purpose of reviewing the Contractor’s proposed Construction Management Plan; assisting the Owner with further developing the Master Project Schedule; and integrating the Work of the Contractor into that of the Owner and all Separate Contractors, if any. § 3.10.1.2 Where the Contract is based on Cost of the Work with a Guaranteed Maximum Price, the Preconstruction Conference to review the Contractor’s proposed Construction Management Plan shall take place when mutually agreed between the Contractor and Owner, but in no event later than forty-five (45) days prior to the date of commencement or Notice to Proceed with construction, whichever is earlier. § 3.10.1.3 The Contractor’s initial Construction Management Plan presented at the Preconstruction Conference shall include, without limitation, the Contractor’s proposed, completed deliverables for those components specified in the Contract Documents. The Construction Management Plan and its components shall be provided and presented by the Contractor to the Owner and Architect in a clear, concise format to allow their effective and expedient review. All elements of the Construction Management Plan will be to the most current national standards of the industry for a project of similar size and complexity; the Quality Management, Commissioning and Turnover Plan will conform, at a minimum and without limitation, to the requirements of Sections 3.2, 3.3, 3.4 and 13.5. § 3.10.1.4 The Owner, after consultation with the Architect, shall provide comments to Contractor on the Construction Management Plan proposed by Contractor no more than fifteen (15) days after the Preconstruction Conference, and the Contractor shall revise and resubmit the Construction Management Plan within seven (7) days of receiving DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 25 comments. As the approval of the Construction Management Plan is required to proceed with the Work, subsequent review(s) and revision(s), if required shall be prompt and thorough. The final Construction Management Plan and its components shall be subject to the approval of the Owner, which approval shall be a requirement precedent to the Contractor’s mobilization on site to begin the Work. § 3.10.1.5 The Owner’s review, comment and approval and Architect’s review of the Contractor’s Construction Management Plan is for general content in limited areas of specific interest or concern to the Owner and Architect. Such review, comment and approval are not an endorsement of the Contractor’s means and methods, nor suitability or effectiveness of the Contractor’s Construction Management Plan, for which the Contractor is solely responsible. Such review, comment or approval by the Owner and review by the Architect does not in any way diminish, reduce or relieve the Contractor of any duties, responsibilities or requirements to perform created under this Agreement. § 3.10.1.6 As a key component of the Construction Management Plan, the Contractor’s Project Schedule will include, but is not limited to, work activities required by each section of the specifications as listed in the Contract Documents to complete the Contract. The duration, sequence, cost for each work activity broken down into separate amounts for labor and material, and dependency of the work activity on other work activities will be generated by the Contractor, and will also conform to the standards in this Section 3.10 and elsewhere in the Contract Document, if any. § 3.10.1.7 The Contractor’s Project Schedule must include all the following: .1 Use precedence format, critical path method scheduling without the use of artificial activity constraints or "negative float"; .2 Use software, techniques and methods satisfactory to the Owner; .3 Provide an electronic and graphic representation of all activities and events that will occur during performance of the Work; .4 Identify each subproject, to include, without limitation preconstruction, construction, commissioning, turnover of the Work, and Owner’s occupancy; .5 Set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as "Contractual Milestone Dates"); .6 Upon review by the Architect and written review and acceptance by the Owner of the Contractual Milestone Dates, the Contractor’s Project Schedule shall be deemed part of the Contract Documents and attached to the Agreement as a new Exhibit through issuance of a Change Order for the purpose by the Architect; and signing of such Change Order by the Contractor, Architect, and Owner, in that order; .7 If not accepted, the Contractor’s Project Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the Owner and resubmitted for acceptance; .8 Submission of an updated Contractor’s Project Schedule with each Application for Payment shall be a mandatory condition precedent to the payment by the Owner to the Contractor pursuant to an Application for Payment, and the Owner shall not be obligated to make payment if the Contractor fails to include an updated Contractor’s Project Schedule reflecting the then-current conditions on the Project and the anticipated progress of Work based on those conditions; and .9 All requests for change orders, modifications or additional compensation from the Contractor affecting the Contract Time or Contract Sum shall include a detailed schedule with both data and graphics showing the specific effect of the changed, modified or differing condition(s) on the critical path of the Contractor’s Project Schedule. § 3.10.1.8 The Contractor, prior to preparing the Construction Management Plan and attending the Preconstruction Conference, will have reviewed the sequences, durations, sequencing and dependencies of activities, material deliveries, and sequenced man-hour staffing to complete the Work. Work activities which have an installed value of twenty thousand dollars ($20,000) or more will be broken down into major products or operations except where DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 26 mutually agreed otherwise by Contractor and Owner, and these values cost-loaded into the Contractor’s Project Schedule as deemed necessary by the Owner. Upon request by the Owner, the Contractor shall support values given for each work activity with data that will substantiate its correctness. The Owner may require the Contractor to show separate work activities and Contractual Milestones for, as examples only and without limitation: Substructure Completion; Superstructure Completion; Building Exterior Skin Completion; Interior Finishes Completion; Owner’s Beneficial Occupancy, and other similar dates the Owner, at its sole discretion deems important to the Project. § 3.10.1.9 In the event the Contractor does not timely provide the Contractor’s Construction Management Plan with an acceptable Contractor’s Project Schedule containing such elements, information, and processes in a form and with a level of detail acceptable to the Architect and the Owner, the Owner may, at the Owner’s discretion, unilaterally generate the target Contractor’s Project Schedule at the Contractor’s expense, and impose such schedule, sequences, logic, and/or durations on the Contractor as it deems necessary to complete the Work, or the Owner may declare the Contractor in breach of contract. Whether or not the Owner decides to implement this option, all other contractual provisions relating to breach of contract will continue to be in full force and apply without modification. The Owner may deduct from the Contractor’s Application(s) for Payment the amount paid by the Owner for generating the Contractor’s Project Schedule. § 3.10.1.10 Upon completion of the Master Project Schedule, and signed acceptance by the Owner and all Separate Contractors, the Master Project Schedule shall supersede previously submitted schedules. Each updated Master Project Schedule shall supersede previous updates. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter Contractor shall, at the Preconstruction Conference, and as a sub-system of its Contractor’s Project Schedule, prepare an easily isolated, sorted and separately viewed submittal schedule, and thereafter update it as necessary to maintain a current submittal schedule, and shall submit a submittal schedule such schedule(s) for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, Construction Schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not an approvable submittal schedule thirty (30) days prior to the date established for commencement of the Work, the Contractor shall not mobilize on site, or be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.the delay of the Work or time required for review of submittals during the prosecution of the Work. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect.Contractor’s Project Schedules submitted to the Owner and Architect and incorporated into the approved Master Project Schedule. § 3.10.4 The Owner together with the Contractor, will monitor the Master Project Schedule, and incorporate the Contractor’s updates to its portions of this overall schedule. As all Separate Contractors are also obligated to follow the Master Project Schedule and their respective schedules therein, they will be required to actively cooperate and participate in the preparation and updating of their portion of this schedule, as well as updating the overall Master Project Schedule by the Owner. The Contractor will be kept updated on all significant Master Project Schedule changes materially affecting the Contractor’s Project Schedule. § 3.10.5 The Contractor will produce a Short Interval Schedule containing activities for not less than one (1) previous week and the next three (3) weeks, and which focuses on the major weekly work activities of each subsystem. At each weekly meeting this Short Interval Schedule will be reviewed by the Contractor with all affected Subcontractors and the Owner. § 3.10.6 In the event of substantial delay, if excusable under the Contract, for which extension of the Contract Time has or will be granted, the Owner will review and may require revision by the appropriate contractor(s) of affected component of the Master Project Schedule as required by the specific applicable situation(s), and with the cooperation of the Separate Contractors on the Project. § 3.10.7 The Contractor shall, at mutually agreed intervals, submit to the Owner and Architect a progress report stating, without limitation, labor forces mobilized and working on site; areas worked in or on; percent complete of DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 27 current work activities; any potential schedule or coordination problems; material deliveries received; site visitors; and other information as required by the Owner. § 3.10.8 The Contractor shall monitor the progress of the Work for conformance with the requirements of the Contractor’s Project Schedule and shall promptly advise the Owner of any delays or potential delays. The accepted Contractor’s Project Schedule shall be updated to reflect actual conditions as frequently as mutually agreed by the Contractor and Owner; but in no event less frequently than with each Application for Payment; and at other times as may be reasonably requested by the Owner or Architect. In the event any progress report or schedule update indicates any actual or potential delays, the Contractor shall, using both the most currently approved Contractor’s Project Schedule as a baseline for comparison, and a written narrative, propose an affirmative plan to correct the delay (hereinafter referred to as the "Proposed Recovery Schedule") which must include the following: .1 The Proposed Recovery Schedule will show the results of working additional shift or days, adding additional labor, and any of the other actions specified in Section 8.4, if necessary, all as described in the accompanying narrative; .2 The Proposed Recovery Schedule will be reviewed by the Owner, and the Contractor will promptly and diligently make all adjustments to the Proposed Recovery Schedule reasonably requested as a result of such review; .3 The Proposed Recovery Schedule shall become the most current, approved Contractor’s Project Schedule upon its approval by the Owner, issuance of a Change Order for the purpose by the Architect; and signing of such Change Order by the Contractor, Architect, and Owner, in that order; and .4 In no event shall any progress report, schedule update or Proposed Recovery Schedule constitute an adjustment in the Contract Time, any Contractual Milestone Date, or the Contract Sum unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order. § 3.10.9 In the event either the Owner or Architect determine that the performance of the Work, as of a Contractual Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation those further specified in Section 8.4. § 3.10.10 The Owner may exercise the rights furnished the Owner under or pursuant to this Section 3.10 and Section 8.4 as frequently as the Owner deems necessary to ensure that the Contractor’s performance of the Work will comply with any Contractual Milestone Date or completion date set forth in the Contract Documents. § 3.10.11 The Owner shall have the right to direct a postponement or rescheduling of any date or time for the performance of any part of the Work that may interfere with the operation of any part of the Owner’s organization or any stakeholders or invitees thereof. The Contractor shall, upon the Owner’s or Architect’s request, reschedule such portion of the Work during hours when the interference to the Owner’s organization, or any stakeholders or invitees thereof, will be minimized or eliminated. Any postponement, rescheduling, or performance of the Work under this Section 3.10.11 may be grounds for an extension of the Contract Time, if permitted under Section 8.3.1; and an equitable adjustment in the Contract Sum if the performance of the Work was properly scheduled by the Contractor in compliance with the requirements of the Contract Documents; and to the extent such rescheduling or postponement is required for the convenience of the Owner. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. The Contractor shall make available to the Owner or Architect for inspection and copying the record copy of the drawings, specifications, addenda, Change Orders and other Modifications, including all such documents maintained by the Contractor in electronic format, upon reasonable request of the Owner or Architect and, in any event, within twenty-four (24) hours of receipt by Contractor of a request from Owner or Architect for such review DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 28 and/or copying. The Owner or Architect may request the record copy of the As-Built Documents, specifications, addenda, Change Orders and other modifications of the Work to be updated before Substantial Completion to reflect the most current condition of the Project, as additional Cost of the Work paid as a Change Order at the Owner’s expense. The Owner or Architect may require the Contractor to furnish the As-Built Documents in electronic format and may make copies of them prior to completion of the Work at the Owner’s expense. § 3.11.1 The Contractor shall provide final electronic files and one "hard" copy of the Drawings and Specifications to the Owner updated to reflect the final condition of the Project with the final Application for Payment as a condition precedent to final payment. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, after Contractor has verified the information contained within said submittals is in accordance with representations required by Section 3.12.6 and 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.Documents and (4) verified the information contained within said submittals is in accordance with all applicable Federal, state and local codes or ordinances in effect at the site. § 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. Should the Contractor Subcontractors or Sub-subcontractors install, construct, erect or perform any portion of the Work without approval of any requisite submittal, the Contractor shall bear the costs, responsibility, and delay for removal, replacement, and/or correction of any and all items, material, and /or labor. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has 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. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 29 § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.9.1 Copies of all approved Shop Drawings, Product Data, Samples and similar submittals shall be preserved in an orderly manner and delivered by the Contractor to the Owner upon Final Completion. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. professional who shall comply with reasonable requirements of the Owner regarding qualifications and insurance. 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 and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13 Use of Site, Delivery and Storage The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.1 The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the Owner before using any portion of the site. § 3.13.2 The Contractor shall take reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all persons at the Project site; all property at the Project site; and all persons or property adjacent thereto, which includes, but is not limited to, the all the following duties and acknowledgements: .1 The Contractor acknowledges the Project site comprises and/or may be adjacent to existing structures and that these site areas may be occupied during the performance of some portions of this Contract; .2 The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials, and equipment likely to cause interference with adjacent stakeholders or create hazardous conditions; DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 30 .3 The Contractor shall be responsible for the mitigation and/or abatement of all noise, dust, fumes, traffic or other by-product of construction activity that, in the opinion of the Owner or the Architect, have an adverse affect on the quality of life or productivity for Project stakeholders, the Owner’s current operations, or the Owner’s employees. Such mitigation and/or abatement shall be performed in manner and with a result completely and wholly acceptable to the Owner and Architect; .4 The Contractor shall control its personnel and the Subcontractors on site, especially regarding the use of alcohol or profanity, dressing in an inappropriate manner, parking in an inappropriate place, or other activities deemed to be inappropriate, to the satisfaction of the Owner and Architect. Repeat offenses will cause the Owner or Architect to require, through the Contractor, the temporary or permanent removal of the offending individuals, Subcontractor(s) or Sub-subcontractor(s) from the site; .5 The Contractor shall, at a minimum, secure the site by erecting and maintaining a 6’-0" chain link fence around the perimeter of the construction site. This fence shall remain intact until such time the site becomes secure in the opinion of the Contractor, as a result of construction progress (by way of example, and without limitation, completion of site grading and backfill, installation of doors and windows, etc.); .6 The Contractor shall furnish and maintain sufficient sanitary facilities for its own forces and those of any Subcontractor or Sub-subcontractor. The facilities of any existing, nearby buildings will not be available for construction use; and .7 The Contractor is advised that the project site area is subject to, among other inclement weather, unpredictable and high winds. When all or a portion of the Work is suspended for any reason, the Contractor shall securely fasten down all coverings and stored materials on site and fully protect the Work, as necessary, from injury or damage by any cause and to prevent possible damage caused by flying materials and debris. § 3.13.3 The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas, which includes, but is not limited to, all of the following duties: .1 The access to the site shall be maintained in compliance with all local, state, and Federal code and life safety requirements for ingress by first responders and other similar emergency requirements; .2 The Contractor shall inform the Owner, Architect and any officials referenced in Section 3.13.5 in writing a minimum of thirty (30) calendar days prior to any disruption of access, specifically and graphically showing the nature of the disruption, as well as the hours it will be disrupted. Such disruption will be subject to Owner’s and Architect’s approval, such approval not to be unreasonably withheld; .3 The Owner shall be responsible for snow removal to the limits of the construction site only so far that the Contractor will have access to the entrance to the construction area; and .4 Snow removal within the limits of work and/or for the purpose of performing and protecting work by individual contractors is the duty of the Contractor. § 3.13.4 During the performance of the Work, the Contractor, its Subcontractors, Sub-subcontractors, suppliers and their employees agree they shall: .1 Use such entrances to the construction site that may be designated by the Owner; .2 Perform the Work at such times of the day and days of the week as may be designated by the Owner; and .3 Accept that these entrances and times may be reviewed and changed from time to time by the Owner. § 3.13.5 The Contractor shall notify all public utility companies a minimum of two (2) business days prior to the commencement of any work by it or its Subcontractors in the vicinity of the utilities. No work shall commence until the utilities have been located and staked by the utility company or written consent from the Owner to proceed has been given to the Contractor. If the utility service must be interrupted, the Contractor shall, at Contractor’s sole cost DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 31 and expense, notify the head of the local administrative services (by way of example only, and without limitation, the city manager, the mayor, the city or county clerk, etc. as applicable) and the utility users affected by the interruption. Such notice shall consist of direct written communication, publication in a local newspaper, and/or announcement on local radio or television stations, whichever is most reasonably calculated to give the most effective notice to such utility users. § 3.13.6 The Contractor shall exercise due diligence in seeing that all equipment, material, and supplies are delivered in advance of the time they are needed on the job and shall properly store and protect same at the Contractor’s expense. § 3.13.7 Notwithstanding any other provision herein, the Contractor shall take all necessary measures to store materials on site for which payment has been requested by the Contractor or been made by the Owner so that they shall not deteriorate, be damaged or be stolen, which includes, but is not limited to, all the following: .1 Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor; .2 Protection of construction materials and equipment stored at the Project site from fire, weather, burglary, pilferage, vandalism and mischief, damage, and all other adversity; and the care and protection of materials and Work installed in the building is solely the responsibility of the Contractor; .3 The Contractor shall bear sole responsibility for the restoration of damaged Work and replacement of damaged or stolen materials at no additional cost to the Owner; and .4 After equipment is no longer required for the Work, it shall be promptly removed from the Project site. § 3.13.8 The Contractor shall not deliver any materials to the site which are not to be installed by same Contractor without fifteen (15) day’s advance notice in writing to the Owner of the location, date, and time of such delivery to allow proper coordination. Such materials shall be received jointly by a representative of the Contractor and a representative of the Owner, who shall agree, and the Contractor shall document such agreement in writing: .1 The materials delivered are undamaged, or if damaged, such damage is documented by digital photo(s); .2 They are in the quantities shown on the purchase order, invoice or bill of lading accompanying the shipment or delivery or otherwise provided; .3 The storage conditions are adequate for the purposes; and .4 The Contractor has accepted responsibility for insurance and ongoing protection per Section 10.2 for such material until it is released to a third party authorized in writing by the Owner to receive it. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. Contract and shall be responsible for daily clean-up of construction materials and dust control. At completion of the Work, the Contractor shall remove waste materials, rubbish, the DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 32 Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project.the Project and shall clean all glass surfaces and leave the Work "broom clean", or its equivalent, except as otherwise specified. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect and their representatives with access to the Work in preparation and progress wherever located.at all times wherever located, and shall provide proper and safe facilities for such access. § 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 defend and hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT ITS OWN COST AND EXPENSE DEFEND AND PROTECT OWNER FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES FOR INJURY, SICKNESS, DISEASE OR DEATH OF ANY EMPLOYEE, AGENT OR REPRESENATIVE OF CONTRACTOR OR ANY OF ITS SUBCONTRACTORS, REGARDLESS OF WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF INDEMNITEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY CONTRACTOR FOR THE BENEFIT OF THE OWNER FROM THE CONSEQUENCES OF OWNER’S NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 33 CONCURRING CAUSE OF THE INJURY, SICKNESS, DISEASE OR DEATH OF CONTRACTOR’S EMPLOYEE OR EMPLOYEE OF ANY OF ITS SUBCONTRACTORS. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN’S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE, BUT NOT BE LIMITED TO, ATTORNEYS’ FEES AND COSTS, COURT COSTS AND SETTLEMENT COSTS, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. THE CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE ARCHITECT, ANY LICENSED ENGINEER, OR AN AGENT, SERVANT, OR EMPLOYEE OF THE ARCHITECT OR LICENSED ENGINEER FROM LIABILITY THAT MAY ARISE FROM DEFECTS IN THE PLANS, DESIGNS OR SPECIFICATIONS OR NEGLIGENCE ON THE PART OF THE ARCHITECT OR LICENSED ENGINEER IN THE RENDITION OR CONDUCT OF PROFESSIONAL DUTIES ARISING FROM THE CONTRACT AND THE PLANS DESIGNS OR SPECIFICATIONS THAT ARE PART OF THE CONSTRUCTION CONTRACT AS SET FORTH IN CHAPTER 130 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE. § 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.THE CONTRACTOR’S INDEMNITY OBLIGATIONS UNDER THIS SECTION 3.18 SHALL ALSO SPECIFICALLY INCLUDE, WITHOUT LIMITATION, ALL FINES, PENALTIES, DAMAGES, LIABILITY, SAFETY VIOLATIONS, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), AND PUNITIVE DAMAGES, IF ANY, ARISING OUT OF, OR IN CONNECTION WITH ANY: .1 VIOLATION OF OR FAILURE COMPLY WITH ANY LAW, STATUTE, ORDINANCE, RULE, REGULATION, CODE OR REQUIREMENT OF A PUBLIC AUTHORITY THAT BEARS UPON THE PERFORMANCE OF THE WORK BY THE CONTRACTOR, A SUBCONTRACTOR OR ANY PERSON OR ENTITY FOR WHOM EITHER IS RESPONSIBLE; .2 MEANS, PROCEDURES, TECHNIQUES, SAFETY PRECAUTIONS, OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND .3 FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES, AND INSPECTION AS REQUIRED UNDER THE CONTRACT DOCUMENTS, OR ANY VIOLATION OF ANY PERMIT OR OTHER APPROVAL OF A PUBLIC AUTHORITY APPLICABLE TO THE WORK, BY THE CONTRACTOR, A SUBCONTRACTOR, OR ANY PERSON OR ENTITY FOR WHOM EITHER IS RESPONSIBLE. § 3.18.3 THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS ALL OF THE INDEMNITEES SET OUT IN SECTION 3.18.1 FROM AND AGAINST ANY COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY ANY OF THE INDEMNITEES IN ENFORCING ANY OF THE CONTRACTOR’S DEFENSE, INDEMNITY, AND HOLD-HARMLESS OBLIGATIONS UNDER THIS CONTRACT. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 34 ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, as the Work progresses and 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.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 promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, 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. § 4.2.3.1 NEITHER THE OWNER NOR THE ARCHITECT NOR THE OWNER’S OTHER CONSULTANTS SHALL BE RESPONSIBLE OR LIABLE FOR THE SAFETY PROGRAM(S) DEVELOPED BY THE CONTRACTOR OR ITS SUBCONTRACTORS FOR THE SAFETY OF PERSONS AND PROPERTY, OR FOR COMPLIANCE WITH STATUTES, RULES, REGULATIONS, AND ORDERS APPLICABLE TO CONDUCT THE WORK. SHOULD ANY CONTRACTOR OR THEIR SUBCONTRACTOR(S), OR THE SUB-SUBCONTRACTOR(S) MAKE A CLAIM AGAINST THE INDEMNITEES, OR SHOULD THEY OR ANY GOVERNMENTAL ENTITY BRING ANY ACTION OR LEVY AND FINE OR PENALTY AGAINST THE INDEMNITEES ON ACCOUNT OF ANY SAFETY-RELATED DAMAGE OR VIOLATION OF LAW ALLEGED TO HAVE BEEN SUSTAINED, THE CONTRACTOR AGREES THAT IT WILL HOLD THE INDEMNITEES HARMLESS AGAINST ANY SUCH VIOLATION, FINE, CLAIM OR SUIT, AND THAT IT WILL REIMBURSE THE INDEMNITEES THE COST OF DEFENDING SUCH SUIT, AND IF ANY JUDGMENT AGAINST THE INDEMNITEES ARISES THEREFROM, THE CONTRACTOR SHALL PAY OR SATISFY IT AND SHALL PAY ALL COSTS INCURRED BY THE INDEMNITEES. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.4.1 Failure of Contractor to give the Owner or Architect written notice of Contractor’s objections, within three (3) business days, to directives, instructions, interpretations, or minutes from the Owner or Architect, shall constitute DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 35 final and conclusive consent on the part of the Contractor to such directives, instructions, interpretations, or minutes of the Owner or Architect. § 4.2.4.2 Any written notice from the Owner or Architect to the Contractor shall be sufficiently given when delivered to the last known business address of the Contractor, or to its registered or authorized agent, representative, or officer. Any written notice from the Contractor to the Owner shall be sufficiently given when personally delivered to the Owner’s Office, Attn: Project Manager, or at such other address and to the attention of such person as the Owner may from time to time designate in writing. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise 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. Sections 1.2, 3.2.1, 3.3, 3.5, 3.12, and 13.9. The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, Directives and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The 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. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning 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, interpretations, the Architect will endeavor to secure faithful performance by both Owner and DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 36 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 opinions on matters relating to aesthetic effect will be considered by the Owner when making the Owner’s determination on these issues and the Owner’s decision will be final if consistent with the intent expressed in the Contract Documents. Such Owner’s determination shall be communicated through the Architect. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.2.5 Upon request, the Contractor shall provide to the Owner an executed copy of all subcontracts, purchase orders, and other agreements relating to the Work. § 5.2.6 The Contractor shall not sublet the Work as a whole. The approval of subcontractors in no way relieves the Contractor from full responsibility. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 37 Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.§5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including responsibility for safety of the Subcontractor’s Work, which the Contractor, by the Contract Documents, assumes toward the Owner , the Owner’s other consultants and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner , the Owner’s other consultants, and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available for review for 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. § 5.3.2 All subcontracts shall be in writing in form and substance substantially similar to the Contractor’s standard form subcontract, attached to the Agreement and made a part thereof as an Exhibit, and shall specifically provide that the Owner is an intended third-party beneficiary of such subcontract. The Contractor’s subcontractors, however, are not intended third-party beneficiaries of this Agreement by pass through, assignment, or otherwise, except as provided in the Contract Documents, and the Owner shall not be bound to Contractor’s subcontract agreements. § 5.3.3 Whenever the Contractor receives payment pursuant to the Contract Documents, the Contractor shall make payments to each of its Subcontractors of any amounts actually received which were included in the Contractor’s Application for Payment to the Owner for such subcontracts unless otherwise allowed to withhold payment by the terms and conditions of the subcontract or as allowed by law. The Contractor shall make such payments within ten (10) days of receipt of payment from the Owner in the same manner as the Owner is required to pay the Contractor under the Contract Documents if the Subcontractor is satisfactorily performing under its contract with the Contractor. Such payments from Owner to Contractor shall be imposed with an express trust to assure that payment is made to all Project Subcontractors, Sub-subcontractors, and suppliers. In addition to the express trust imposed upon such funds and the fiduciary duties incumbent upon the Contractor, Texas Property Code Chapter 162 apply. § 5.3.4 The Contractor shall monitor the Subcontractors, who shall pay all suppliers, Sub-subcontractors, laborers, and any other persons who provide goods, materials, labor, or equipment to the Subcontractor any amounts actually received which were included in the Subcontractor’s request for payment to the Contractor for such persons, within ten (10) days of receipt of payment from the Contractor. The construction payments made by the Contractor to the Subcontractor shall be trust funds as set forth in Chapter 162 of the Texas Property Code. If the Subcontractor fails to make such payments in the required manner, the Subcontractor shall pay said suppliers, Sub-subcontractors, and laborers interest as set forth in Chapter 162 of the Texas Property Code. § 5.3.5 At the time the Subcontractor submits a request for payment to the Contractor, the Subcontractor shall also submit to the Contractor a list of the Subcontractor’s suppliers, Sub-subcontractors, and laborers. The Contractor shall be relieved of the requirements of this Section regarding payment in ten (10) days and interest payments until the Subcontractor submits such list. If the Contractor fails to make timely payments to the Subcontractor as required by this Section, the Contractor shall pay the Subcontractor interest as calculated under the provisions of Chapter 2251 of the Texas Government Code. Nothing in this Section 5.3 shall be construed to affect the retention provisions of any contract. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 38 § 5.3.6 The provisions of this Section 5.3 shall be made a part of each contract between the Contractor and each Subcontractor, either expressly or by incorporation by reference to this Section of the Contract Documents. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is may be assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work If the Work in connection with a subcontract has been suspended for more than thirty ( 30 ) days, after termination of the Contract by the Owner pursuant to Section 14.2 and the Owner accepts assignment of such subcontract, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from any increase in direct verifiable costs incurred by such Subcontractor as a result of the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract.entity, including the performance bond Surety’s takeover or completion contractor, which shall relieve the Owner of any legal responsibility under the subcontract. § 5.4.4 Each subcontract shall specifically provide that the Owner shall only be responsible to the Subcontractor for those obligations that accrue subsequent to the assignment of the Subcontractor to the Owner after suspension and termination of the Contract, as provided in this Section 5.4.This Section 5.4 shall be construed to prohibit a pass through or assignment of rights, unless authorized by the Owner in writing § 5.5 Owner Payments to Subcontractors § 5.5.1 In the event of any default hereunder by the Contractor, or in the event the Owner or Architect fails to approve any Application for Payment that is not the fault of a Subcontractor, the Owner may make direct payment to the Subcontractor, less appropriate retainage. In that event, the amount paid the Subcontractor shall be deducted from the payment to the Contractor. § 5.5.2 Nothing contained herein shall create any obligation on the part of the Owner to make any payments to any Subcontractor, and no payment by the Owner to any Subcontractor shall create any obligation to make any further payments to any Subcontractor. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract 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 any DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 39 Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.1.5 The Contractor accepts assignment of, and liability for, all purchase orders and other agreements for procurement of materials and equipment that are listed in and identified as part of the Contract Documents. The Contractor shall be responsible for such pre-purchased items, if any, as if the Contractor were the original purchaser. The Contract Sum includes, without limitation, all costs and expenses in connection with delivery, storage, insurance, installation, and testing of items covered in any assigned purchase orders or agreements. All warranty and correction of the Work obligations under the Contract Documents shall also apply to any pre-purchased items, unless the Contract Documents specifically provide otherwise. § 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, 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 on proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.2.6 Should the Contractor wrongfully delay or cause damage to the work or property of any Separate Contractor, the Contractor shall, upon due notice, promptly attempt to settle with such other contractor by agreement or otherwise to resolve the dispute. If such Separate Contractor sues or initiates a judicial proceeding against the Owner on account of any delay or damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor’s expense. The Owner may fund the defense of such proceedings contemplated by this Section but, in any event, if any judgment or award against the Owner arises therefrom, the Contractor shall pay to satisfy it to the extent of Contractor’s responsibility. § 6.2.7 SHOULD ANY SUCH SEPARATE CONTRACTOR WRONGFULLY DELAYED OR DAMAGED BY THE CONTRACTOR OR PERSONS FOR WHOM THE CONTRACTOR IS RESPONSIBLE PER SECTION 6.2.6 MAKE A CLAIM AGAINST THE INDEMNITEES, OR BRING ANY ACTION AGAINST THE INDEMNITEES, ON ACCOUNT OF THE DAMAGE ALLEGED TO HAVE BEEN SO SUSTAINED, THE CONTRACTOR SHALL HOLD THE INDEMNITEES HARMLESS AND DEFEND THEM AGAINST ANY SUCH CLAIM OR SUIT, AND SHALL REIMBURSE TO THE INDEMNITEES THE COST DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 40 INCLUDING, WITHOUT LIMITATION, REASONABLE, ADDITIONAL ATTORNEY’S FEES INCURRED DEFENDING SUCH SUIT, AND IF ANY JUDGMENT AGAINST THE INDEMNITEES ARISES THERE FROM, THE CONTRACTOR SHALL PAY OR SATISFY IT AND SHALL PAY ALL COSTS INCURRED BY THE INDEMNITEES. § 6.2.8 Should the Contractor be caused damage by any Owner’s Separate Contractor, by reason of such Owner’s Separate Contractor’s failure to perform properly under its contract with the Owner, no action will lie against the Owner, and the Owner shall have no liability therefor, but the Contractor may assert its claims for damages directly against such Owner’s Separate Contractor and the Owner shall assist the Contractor by assign such rights to Contractor, unless otherwise prohibited under Texas law. § 6.2.9 Inasmuch as the completion of the building within the prescribed time is dependent very largely upon the close and active cooperation of all those engaged therein, it is, therefore expressly understood and agreed that each contractor shall lay out and install its work at such time(s) and in such manner as to not delay or interfere with the carrying forward of the work of the other contractors. § 6.2.10 Where the work of one contractor directly affects the conditions of the work of another contractor including, as examples only, and not limited to, providing shoring for backfilling, providing protective covering for painting, providing adequate bracing of door jambs, etc., the contractor performing the work which will adversely affect another contractor’s work shall be responsible for providing adequate protection based upon methods used to perform its work. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and or 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.responsible, which allocation shall be final. 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 not involving an adjustment in the Contract Sum or an extension of the Contract Time and reasonably inferable from the intent of the Contract Documents may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. Except as permitted in Section 7.3 or as otherwise provided herein, a change in the Contract Sum or the Contract Time shall be accomplished only by Change Order. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration of or addition to the Work, whether or not there is, in fact, any unjust enrichment to the Work, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in any time period provided for in the Contract Documents. § 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. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 41 § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Sections 7.3.3, 7.3.7 and 7.3.10. § 7.2.3 Agreement on any Change Order constitutes a final settlement of all past and future claims, at law or in equity, concerning all matters relating to the change in the Work that is the subject of the Change Order, including, but not limited to, delays, all direct and indirect costs, any claim for damages associated with such change, and any and all adjustments to the Contract Sum and the construction schedule. § 7.2.4 Change Orders Requiring City Council Approval The Contract Sum shown in the final Exhibit Y – Guaranteed Maximum Price may not be increased because of a Change Order unless additional money for increased costs is appropriated for that purpose from available funds or is provided for by the authorization of the issuance of time warrants. The approval of the Denton City Council is required if a Change Order involves a decrease or an increase of $50,000.01 or more. The original Contract Sum shown in the final Exhibit Y – Guaranteed Maximum Price may not be increased by more than twenty-five percent (25%) over the entire duration of the Project for any reason; nor may it be decreased by more than twenty-five percent (25%) without the consent of the Contractor, as provided in Texas Local Government Code Sec. 252.048. After the Change Order is submitted by the Contractor under this Section 7.2, the additional time required to obtain City Council approval shall not be factored into any past or future claim for delays or calculated as a part of the Change Order request. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. calculated using the sum of the actual costs allowed in Sections 7.3.4.1 through 7.3.4.5, and using the percentages as set forth in Section 7.3.12 below. In such case, and also under Section 7.3.3.3, Section 7.3.3, 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 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 42 .5 Costs of supervision and field office Additional, verifiable payroll and subsistence costs incurred by the Contractor, Subcontractor, and Sub-subcontractor of field personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination recommendation for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, recommends, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination recommendation 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 recommendation 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. § 7.3.11 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. The Architect may consult with the Owner in connection with such determination either at the direction of the Owner or at the Architect’s discretion. If the Contractor does not ultimately agree with the Architect’s determination, the Contractor may assert a Claim in accordance with Article 15. § 7.3.12 In Subparagraph 7.3.4, the allowance for the combined total of onsite and offsite overhead and profit included in the total cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor’s own forces, fee percentage of the Cost of Work stated in Section 5.1.1 of the AIA A133 Owner-Contractor Agreement plus actual direct jobsite costs associated with the additional work, if any; .2 For the Contractor, for Work performed by the Contractor’s Subcontractor, fee percentage of the Cost of Work stated in Section 5.1.1 of the AIA A133 Owner-Contractor Agreement plus actual direct jobsite costs associated with the additional work, if any; .3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor or Sub-subcontractor’s own forces, ten percent (10%) of the cost; .4 For each Subcontractor, for Work performed by the Subcontractor’s Sub-subcontractors, five percent (5%) of the amount due the Sub-subcontractor; DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 43 .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Section 7.3.4; .6 Under no circumstance shall costs of the Contractor’s supervisory, management, administrative or other office personnel, regardless of where stationed, be paid as cost of the Work under 7.3.4. Conversely, the Contractor shall be compensated for their labor within the overhead and profit percentage specified in this Section 7.3.12; .7 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can immediately be seen by inspection, shall be accomplished by a complete itemization of costs including labor, materials, and subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are subcontracts, they shall be itemized also; .8 When both additions and credits are involved in any change, the allowance for overhead and profit shall be figured on the basis of the net increase or decrease, if any; and .9 Overtime, when specifically authorized by the Owner and not as a requirement for the Contractor to fulfill its obligations under this Agreement, shall be paid for by the Owner on the basis of premium payment only, plus the cost of insurance and taxes based on the premium payment period. Overhead and profit will not be paid by the Owner for overtime. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. § 7.5 Supporting Information Notwithstanding the above, requests for an adjustment in the Contract Sum or adjustment in the Contract Time shall be in a form and accompanied by supporting information with a level of detail wholly acceptable to the Owner and Architect. The Contractor shall also comply with all provisions of Articles 8 and 15 with respect to claims. The required information shall be provided by the Contractor in less than twenty-one (21) days from the Contractor’s request for an adjustment in the Contract Sum or Contract Time. Failure to timely provide this information in the proper form may be, in and of itself, grounds for rejection of the request, at the sole discretion of the Owner or Architect. 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. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. essence. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prematurely commence operations on the site or elsewhere prior to the effective date of insurance required DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 44 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. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of any additional necessary documents. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.Attention is directed to the fact that the Work is urgently needed by the Owner; for this reason it shall be agreed that the Contractor will substantially complete all Work under the Contract within the time established in the Contract Documents and the most recently approved Contractor’s Project Schedule. The Contractor shall begin the Work on the date of commencement as defined in the Contract Documents; carry the Work forward with adequate resources; furnish, without limitation such labor, supervision, materials, facilities, and equipment; and work such hours, including night shifts, overtime operations, and Sundays and/or holidays, as may be necessary to ensure the progress and completion of both the Work and the Project as reflected by the most recently approved Contractor’s Project Schedule. § 8.2.4 The Contractor shall achieve specific Contractual Milestone dates (if any), Substantial Completion, and Final Completion within the times stated in the Contract Documents, and such dates shall be adhered to and shall be the last acceptable dates for completion of Work required for those milestones and completions, unless and until modified by the Owner in writing. § 8.2.5 The Contractor understands and agrees that all Work must be performed in an orderly and closely coordinated sequence so that the dates for Contractual Milestones (if any), Substantial Completion, and Final Completion, may be met by the both the Contractor as well as the respective Separate Contractors. § 8.2.6 The Contractor shall also complete the Work in all of its details for final acceptance as expeditiously as possible after Substantial Completion. § 8.2.7 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, implementation of Federal law or policies, unusual delay in transportation, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; mediation; or (5) by other causes that the Contractor asserts, and the Architect determines, the Architect recommends may, justify delay, then the Contract Time shall may be extended for such reasonable time as the Architect Owner 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. § 8.3.4 Any claims for extension of time shall be made in writing to the Owner and Architect not more than ten (10) days after commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of work within five (5) days of the first date the Contractor should reasonably be expected to have calculated the impact of such delay, but in no event more than fifteen (15) days after the commencement of the delay, with weekly updates to the impact if the delay is of an ongoing nature. § 8.3.5 Extensions of the Contract Time will be made for delays due to weather conditions only when such conditions are more severe and extended than those reflected by the ten (10) year average for the month as evidenced by the National Climatic Data Center’s (NCDC’s) Surface Data US at http://gis.ncdc.noaa.gov/ website/ims-cdo/sod/viewer.htm or other data as mutually agreed by the Owner and Contractor for the Project area. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 45 § 8.3.6 In allowing delays for weather, the Owner will be entitled to consider weather conditions prevailing throughout the entire Contract period. The Owner and Contractor will together reconcile actual working days lost and gained over the entire Contract period every ninety (90) days. The Contractor shall then adjust the schedule activities accordingly for both the Contractor’s weather float reserves and Owner’s float reserves where those activities are carried in the Construction Manager’s Project Schedule (if any). § 8.3.7 The extension of the contract completion time for weather conditions will occur only in the event that the weather in question affected critical activities on the most current Contractor’s Construction Schedule, and at least one half of the work force allocated to that item of work was also adversely affected by the same weather conditions. § 8.4 Contractor’s Obligations After Delay § 8.4.1 If either the Work actually in place falls behind as reflected by the currently updated Master Project Schedule or Contractor’s Construction Schedule, or it becomes apparent or likely in the reasonable opinion of the Owner after consultation with the Architect that the Work will not be completed within the Contract Time or in accordance with the Contractor’s Construction Schedule, due to delays caused by the Contractor or its subcontractors, the Contractor agrees it shall, as necessary, take some or all of the following actions (hereinafter referred to collectively as "Extraordinary Measures") at no additional cost to the Owner or Architect, as required to substantially eliminate, in the judgment of the Owner, the backlog of Contractor’s Work on the Project: .1 Increase quantities of, without limitation, labor, supervision, material deliveries, equipment on site, and crafts as necessary; .2 Increase the number of working hours per shift, shifts per working day, working days per week, or any combination of the foregoing; .3 Reschedule activities to achieve maximum practical concurrence of accomplishment; and .4 Do whatever else is reasonably required by the Owner. § 8.4.2 These Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor’s compliance with the Contractor’s Construction Schedule. § 8.4.3 In the event of a delay, the Owner may also require the Contractor to immediately submit a Proposed Recovery Schedule as specified in Section 3.10.8 above. If the Proposed Recovery Schedule is not satisfactory, the Architect may unilaterally establish a new Proposed Recovery Schedule acceptable to the Owner; issue it as a Construction Change Directive; and the Contractor shall comply therewith. The Owner may also require the Contractor to take any of the Extraordinary Measures to make up the lag in scheduled progress, all without additional cost to the Owner, or Architect. § 8.4.4 Failure of the Contractor to substantially comply with the requirements of this Section 8.4 shall be considered grounds for a determination by the Owner, after consultation with the Architect, that the Contactor is in breach of this Agreement by failing to prosecute the Work and that of the Project so as to ensure its completion within both the Contract Time and the updated Contractor’s Construction Schedule. § 8.4.5 Likewise, in the event the progress of the Project falls behind the predictions of the Master Project Schedule through no fault of the Contractor, the Owner or Architect may request, and the Contractor may agree to take one or more of the Extraordinary Measures, with the Owner bearing the cost for such measures by Change Order. § 8.4.6 The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the Owner under or pursuant to this Section 8.4, except as specifically noted otherwise in Section 8.4.5. § 8.5 Owner’s Rights After Delay § 8.5.1 In the event that any Contractor fails, or appears likely to fail, to complete a critical portion of Work on time or to complete a Contractual Milestone Date or completion date as evidenced by the most recently approved Contractor’s Project Schedule, the Owner or the Architect shall have the right to impose any or all of the following options: DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 46 .1 Require the Contractor to substantiate the capability to get back on schedule within ten (10) business days; .2 Require the Contractor to take some or all of the Extraordinary Measures, and do whatever else is required by the Owner or Architect until Contractor confirms, to the satisfaction of the Owner and Architect, the progress of the Work is in compliance and congruence with the most recently approved Contractor’s Construction Schedule, such measures being at no extra cost to Owner and Architect; .3 Withhold progress payment, or portions thereof, until such time as the Contractor is in compliance with the most recently approved Contractor’s Project Schedule; and .4 Contact or visit the factory, plant or distribution center whose production or delivery schedule may be critical to the scheduled completion of a portion of the contract work, and expedite same, at Contractor’s expense. § 8.6 Liquidated Damages § 8.6.1 Should the Contractor fail to substantially complete the Work on, or before, the original date set forth in the Contract, or on or before the revised date as granted by extensions to Contract Time, the Owner may at its sole discretion permit the Contractor to proceed, and in such case, there shall be deducted from any monies due or which may become due the Contractor, a sum as specified herein, for each and every calendar day that the Work shall remain uncompleted. This sum shall be considered, not as penalty, but as the cost(s) for substantial losses suffered by the public and the Owner. Liquidated damages are intended to compensate the Owner for the Contractor’s failure to meet the deadlines set forth herein, and shall not excuse the Contractor from liability from any other breach of requirements of the Contract Documents, including any failure of the Work to conform to applicable requirements. The Contractor agrees that the sums in Section 8.6.2 are reasonable in light of the anticipated or actual harm caused by the breach, the difficulties of the proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. Contractor further acknowledges and agrees that Liquidated Damages may be owing even though no termination has occurred. § 8.6.2 Contractor shall pay as liquidated damages to the Owner: the sums shown in the table below for each calendar day that expires after the date set forth in the Contract for Final Completion of the Work. First Week Late Second Week Late Third & Fourth Weeks Late Every Day After the Fourth Week Late $500/day $750/day $1,000/day $2,000/day § 8.6.3 The parties acknowledge, covenant, and agree that the daily basis and the amount set forth above for liquidated damages are reasonable because of the unique nature of the Project as a benefit to the public; the fact that inconvenience to the public will be one of the significant impacts of any failure by the Contractor to timely complete the Work; and that it is impracticable and extremely difficult to ascertain and determine the actual losses which would accrue to the Owner and the public. § 8.6.4 Permitting the Contractor to continue and finish the Work, or any portion thereof, after the time fixed for its completion, shall in no way operate as a waiver on the part of the Owner of any of its rights under the Contract. The Contractor acknowledges the Owner receives no benefits from early completion of the Project or the Work, therefore all rights, if any, to an early completion bonus or other increases in the Contract Sum for such early completion are hereby waived by the Contractor. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total maximum amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. The Contract Sum may only be increased pursuant to a Change Order signed by the Owner. Completion of the Work is a condition precedent to Owner’s obligation to pay the full Contract Sum. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 47 § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such meet with the Architect, at the Preconstruction Conference with a proposed, a S schedule of V values as specified in Section 3.10. The Contractor’s Schedule of Values will be reviewed by the Owner and Architect in the context of the Contractor’s proposed Construction Management Plan, including, but not limited to, the Contractor’s Construction Schedule therein. The values assigned to each work activity in the Schedule of Values should be generated by the projected earned value of the activities in the Contractor’s Construction Schedule, rounded to the nearest five dollars, and equal in aggregate to the Contractor’s and Subcontractor’s contract amount(s). The Schedule of Values shall allocate the entire Contract Sum to the various portions of the Work and be prepared in such form and supported by such additional data to substantiate its accuracy as the Architect may require, and unless objected to by the Owner and Architect may require. This Schedule, of Values, unless objected to by the Owner or Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, Schedule of Values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, suppliers and shall reflect retainage if provided for in the Contract Documents. The form of Application for Payment shall be a notarized AIA Document G702, Application and Certification for Payment; supported by AIA Document G703, Continuation Sheet; and other documentation as reasonably required by the Owner; submitted electronically. § 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 recommendations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.1.3 Each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner and Architect and in compliance with all applicable statutes: .1 A duly executed and acknowledged sworn statement showing all Subcontractors and material suppliers with whom the Contractor has entered into subcontracts, the amount of each such subcontract, the invoice from and the amount requested for any Subcontractor and material supplier in the requested Application for Payment, and the amount to be paid to the Contractor from such progress payment, together with similar sworn statements from all such Subcontractors and material suppliers; .2 Duly executed statutory conditional waivers of mechanics’ and material suppliers’ lien for progress payments with the first payment application and appropriate statutory unconditional waivers of mechanics’ and material suppliers’ liens for progress payments and appropriate liens for final payments from all Subcontractors and, when appropriate, from material suppliers and lower tier Sub-subcontractors establishing payment or satisfaction of payment of all amounts requested by the Contractor on behalf of such entities or persons in any previous Application for Payment; DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 48 .3 An updated Contractor’s Construction Schedule per Section 3.10.1.7 clearly showing the actual progress of the Work for each activity against the Work previously scheduled to be completed during the period, and against targeted activities’ previously approved completion dates; and .4 If required by the Owner’s title insurer, if any, the Contractor shall execute a personal gap undertaking in form and substance satisfactory to such title insurer. .5 Notwithstanding the above, Applications for Payment shall be in a form and accompanied by supporting information with a level of detail wholly acceptable to the Architect, and shall include, at a minimum, an updated monthly Contractor’s Construction Schedule clearly and graphically comparing the actual "work-in-place" completed to the Work previously projected to be complete for the period. Failure to provide this information in the proper form may be, in and of itself, grounds for rejection of the Application for Payment, at the discretion of the Architect. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and stored materials and equipment which must be properly tagged as to material and job identification; must be available for inspection by the Architect; and such requests for payment must be accompanied by documentary evidence as specified, without limitation, in Sections 3.13 and 11.3.1.4, which supports the request’s validity; quantity and value of materials; proper material acceptance and storage; and including insurance on the materials as evidenced by a Certificate of Insurance or otherwise protects the Owner’s interests. Such request shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. Such materials shall be: .1 Protected from diversion, destruction, theft, and damage to the satisfaction of the Owner, and the Lender; .2 Specifically marked for use on the Project; and .3 Segregated from other materials at the storage facility. § 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. either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs. 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, shall be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.3.4 THE CONTRACTOR FURTHER EXPRESSLY UNDERTAKES TO DEFEND THE INDEMNITEES, AT THE CONTRACTOR’S SOLE EXPENSE, AGAINST ANY ACTIONS, LAWSUITS, OR PROCEEDINGS BROUGHT AGAINST THE INDEMNITEES AS A RESULT OF LIENS OR VERIFIED CLAIMS FILED AGAINST THE WORK, THE SITE OF ANY OF THE WORK, THE PROJECT SITE AND ANY IMPROVEMENTS THEREON, PAYMENTS DUE THE CONTRACTOR, THE PROJECT BOND OR ANY PORTION OF THE PROPERTY OF ANY OF THE INDEMNITEES (REFERRED TO COLLECTIVELY AS "LIENS OR VERIFIED CLAIMS" IN THIS SECTION 9.3.4). THE CONTRACTOR HEREBY AGREES TO INDEMNIFY AND HOLD THE INDEMNITEES HARMLESS AGAINST ANY SUCH LIENS OR VERIFIED CLAIMS AND AGREES TO PAY ANY JUDGMENT OR LIENS OR VERIFIED CLAIMS RESULTING FROM ANY SUCH ACTIONS, LAWSUITS, OR PROCEEDINGS. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven (7) days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines recommends is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 49 certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.4.3 Certification will be issued for ninety-five percent (95%) of the amount requested by the Contractor and approved by the Architect to be properly due until the Contractor is ninety-five percent (95%) completed with the Work. Thereafter, the accumulated retainage may be held without additional retainage, except that, should the Contractor at any time fail to keep current with the approved progress schedule, fail to assure payment to Subcontractors, Sub-subcontractors and suppliers as required hereunder; or fail to promptly and diligently correct Work that does not comply with the Contract Documents, certification of ninety-five percent (95%) shall automatically again become effective and shall apply as long as the Contractor lags behind such progress or fails to assure such payment. § 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 any of the following: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers Subcontractors, Sub-subcontractors and suppliers 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. Documents; .8 Contractor’s failure to obtain necessary permits or licenses or to comply with applicable codes, regulations, or other laws; .9 failure to fully execute the Contract with all associated documents as required; .10 bond claims, or liens, filed for any portion of the Work; or .11 failure of the Contractor to comply with any provisions of the Contract Documents, including without limitation Section 8.4. § 9.5.2 When either party disputes the Architect’s decision recommendation regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 50 § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld.withheld less all associated damages, costs and expenses, suffered or accrued by the Owner or Architect. In the event the Architect nullifies a previously issued Project Certificate for Payment, and the Owner has, prior to such nullification, paid thereon, the Contractor shall promptly reimburse to the Owner amounts the latter had previously paid pursuant to the nullified project Certificate for Payment. Alternately, the Owner may withhold payment in any subsequent Application for Payment, until and unless the reasons for nullification of the previously issued project Certificate for Payment have been remedied and all associated damages, costs, and expenses of Owner and Architect have been paid by the Contractor. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.5.5 The Contractor shall not stop work or terminate the Contract if the Architect should refuse to issue any certificate because the Application for Payment does not conform with the requirements of Sections 9.3, 9.4, 9.5 or any other portion of these General Conditions, as supplemented herein. § 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, Sub-subcontractor and supplier, no later than seven ten (10) days after receipt of payment from the Owner, Owner the amount to which the Subcontractor Subcontractor, Sub-subcontractor and supplier is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. , Sub-subcontractor’s and supplier’s portion of the Work, unless otherwise allowed by the provisions of the subcontract or by law. The Contractor shall, by appropriate agreement with each Subcontractor, Sub-subcontractor and supplier, require each Subcontractor to make payments to Sub-subcontractors their Sub-subcontractors and suppliers in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.any Work. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments The Contractor shall not withhold from any Subcontractor sums due the Subcontractor for completed Work which has been paid for by the Owner unless allowed by the terms and conditions of the subcontract or by law. Sums withheld by the Owner from the Contractor for deficiencies solely attributable to the Contractor shall not be grounds for the Contractor to withhold sums due to any Subcontractor. All sums paid to the Contractor for labor, materials, or equipment for the Work or Project shall be considered trust funds to be used by the Contractor for payment to those persons to the extent providing labor, materials and/or equipment incorporated into the Work or Project. Payments received by the Contractor for Work properly performed by Subcontractors or provided by 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 However, notwithstanding the DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 51 above, 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 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. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.6.9 To the extent Contractor has received payment in accordance with the terms of this Agreement, the Contractor agrees to keep the Work and the site of the Project and all project bonds free and clear of all bond claim and verified claims related to labor and materials furnished in connection with the Work. § 9.6.12 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment shall be made promptly upon demand by the Owner. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due the Owner, or if the Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, the Owner shall have an absolute right to offset such amount against the Contract Sum and may, at the Owner’s sole discretion, elect either to (i) deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner, or (ii) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) 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, Architect, then the Contractor may, upon seven (7) additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 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.use, all major systems are operational, and all safety features are completed and Owner’s receipt of written confirmation after final inspections by the applicable electrical, plumbing, fire department, health department, and other local and state officials having jurisdiction, stating the project is ready for occupancy by the Owner. In addition to the other requirements of the Contract Documents, and without limitation, the Contractor must also have obtained the written approval and issuance of any occupancy permits required by the laws of local government(s) and the State of Texas before the Contractor shall be deemed to have achieved Substantial Completion. § 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. The Contractor shall proceed promptly to complete and correct items on the list. 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. The Contractor will also provide the Architect a comprehensive list of all claims previously and properly made in writing and identified by the Contractor as unsettled at the time of Substantial Completion. § 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 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 52 Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.8.6 The Contractor’s acceptance of payment per Section 9.8.5 shall constitute a waiver for all purposes of all claims or causes of action by the Contractor against the Owner and the Architect, except those previously and properly made in writing and identified in the list provided by the Contractor as unsettled at the time of Substantial Completion per Sections 9.8.2. § 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 as such occupancy or use is consented to by the insurer and as required under Section 11.3.1.5 provided it is 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. Owner. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due 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. All warranties and guarantees required under Section 3.5 or otherwise required pursuant to the Contract Documents shall be assembled and delivered by the Contractor to the Architect as part of the final Application for Payment. The final Certificate for Payment will not be issued by the Architect until all warranties and guarantees have been received and accepted by the Owner. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect and Owner; (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 the Owner) have been paid or otherwise satisfied, satisfied; (2) a certificate evidencing that DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 53 insurance required by the Contract Documents to remain in full force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to effect; (3) a written statement satisfactory to the Owner that the insurance will cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) Documents; (4) consent of surety to final payment; (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, Contract for Construction, to the extent and in such form as may be designated by the Owner. by the Owner and Owner’s lender; (6) certification by the Contractor that (i) all Work has been completed in accordance with the Contract Documents, (ii) the final Application for Payment includes all claims of the Contractor against the Owner arising in connection with the Project and constitutes a waiver and release of any and all claims not presented in that application except for claims arising out of third party actions, cross-claims and counterclaims, and (iii) the Record Drawings maintained by the Contractor pursuant to the Contract Documents and delivered to the Owner or Architect are complete and accurate in all respects; and (7) evidence of compliance with all requirements of the Contract Documents, such as notices, certificates, affidavits, or other requirements to complete obligations under the Contract Documents, including, but not limited to, (i) instruction of the Owner’s representatives in the operation of mechanical, electrical, plumbing, and other systems; (ii) delivery of keys to the Owner with keying schedule (master, submaster, and special keys); (iii) delivery to the Owner of the Contractor’s warranties as set forth in the Contract Documents and each written warranty and assignment thereof prepared in duplicate, certificates of inspections, and bonds for the Architect’s review and delivery to the Owner; (iv) delivery to the Owner of printed operating, servicing, maintenance and cleaning instructions for all Work (parts lists and special tools for mechanical and electrical work) in approved form; (v) delivery to the Owner of the Record Drawings; (vi) delivery to the Owner of a Final Waiver and Release of Liens covering all Work for itself and for each Subcontractor, vendor, and material supplier who furnished labor, materials, and services to the Work, executed by an authorized officer and duly notarized; (vii) delivery to the Owner of final waivers of lien from each subcontractor and material supplier who furnished labor, materials, and services to the Work, executed by their respective officers and duly notarized; and (viii) delivery of sales and use tax certificate number of the Contractor. In addition to the foregoing, all other submissions required by other Articles and Paragraphs of the Specifications and other Contract Documents shall be submitted to the Owner before approval of final payment. If a Subcontractor refuses to furnish a release or waiver required by the Owner, Owner and Owner’s lender (if any), the Contractor may furnish a bond satisfactory to the Owner and Owner’s lender (if any) to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees.attorneys’ fees. § 9.10.2.1 In addition to items listed in 9.10.2 to be submitted before Final Payment will be made or remaining retainage released, Contractor shall deliver a permanent certificate of occupancy from local authorities having jurisdiction. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, bond claims, Claims, liquidated damages, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment.payment; or DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 54 .5 gross negligence, willful misconduct, or fraudulent concealment in connection with the performance of the Contract. § 9.10.5 Acceptance Application for and acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee against the Owner or Architect except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.arising after the waiver given at Substantial Completion payment described in Sections 9.8.2 and 9.8.6. § 9.10.6 In addition to any other damages, failure of the Contractor to achieve final completion within sixty (60) days after the specified date of Substantial Completion, subject to authorized extensions, will result in the Contractor being responsible for excess Architect’s and other Owner’s consultant(s)’ fees beyond their original scope of services required to achieve final completion ("Excess Fees"). Excess Fees will be deducted from the amount due the Contractor. 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. Contractor’s and all Subcontractors’ Safety Programs shall comply with all applicable requirements of the Occupational Safety and Health Act of 1970, and all other applicable state, local, or federal laws or regulations. § 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 all of the following: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. The Contractor shall also be responsible, at the Contractor’s sole cost and expense, for all measures necessary to protect any property adjacent to the Project and improvements therein. Any damage to such property or improvements shall be promptly repaired by the Contractor. § 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.personnel, and the Contractor shall give the Owner and the Architect reasonable advance written notice of such planned activities. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 55 § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.2.9 The Contractor shall immediately report in writing to the Owner and Architect all accidents arising out of or in connection with the Work that cause death, personal injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries, or serious damages are caused, the accident shall be reported immediately electronically, as well as by telephone or messenger to the Owner and the Architect. § 10.3 Hazardous Materials and Substances § 10.3.1 Hazardous materials include any material in such quantity, concentration, and physical or chemical characteristics including, but not limited to, ignitability or toxicity, so as to be capable of posing an unreasonable risk to health, safety and/or property if released into the atmosphere, transported, stored, or disposed of. The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition.condition in writing. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall 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 the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, Order duly processed and approved, the Contract Time shall be extended appropriately appropriately, and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up.start-up, both as specified in Article 7. The term "rendered harmless" shall be interpreted to mean, without limitation that levels of hazardous materials, including, but not limited to, asbestos and polychlorinated biphenyls, are less than any applicable exposure standards set forth in OSHA regulations. In no event, however, shall the Owner have any responsibility for any substance or material that is brought to the Project site by the Contractor, any Subcontractor, any material supplier, or any entity for whom any of them is responsible. The Contractor agrees not to use any fill or other materials to be incorporated into the Work that are hazardous, toxic, or made up of any items that are hazardous or toxic. § 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.Omitted. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 56 § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. Omitted. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. 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. § 10.4 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. § 10.5 Site Visits Anyone other than the Owner’s designated representatives, the Architect, the Architect’s consultants, and the Owner’s other consultants visiting the job site who is not employed by a Contractor shall be required to register with the Contractor’s site office before proceeding onto the job site. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Liability Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents.in a company or companies lawfully authorized to do business in Texas and as further qualified in Paragraph 11.6, such insurance as will protect the Contractor and the Indemnitees 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 which are applicable to the Work to be performed; including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees; or persons or entities exempt by statute from the requirements of Section 11.1.1.1, but required by the Contract Documents to provide the insurance required by that Section; .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; DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 57 .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, including pollution clean-up if hauling hazardous materials; and .7 Claims for bodily injury or property damage arising out of completed operations, which coverage shall be maintained for no less than ten (10) years following final payment. .8 Claims for damages to the Work, and/or materials and equipment used/stored at the Work, as may be covered under any Builder’s Risk insurance policy. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.Contractor’s Commercial General Liability Insurance should be written on ISO Form CG 00 01 10 01 or its equivalent and provide the following: .1 Premises/operations (Including X-C-U coverages); .2 Independent contractors; .3 Products and completed operations with a per project aggregate limit, which coverage shall be maintained for a period of ten (10) years from the date of the Final Payment; .4 Personal injury (libel, slander, false arrest) liability with employment exclusion deleted; .5 Blanket Contractual, including, but not limited to, a specified provision for the Contractor’s obligations under Section 3.18 of the Contract Documents; .6 Broad form property damage including, but not limited to, completed operations; .7 Primary and Non-Contributory endorsement in favor of Indemnitees; and 8. Contain a Waiver of Subrogation in favor of Indemnitees. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.Professional Errors and Omissions Liability Insurance is required for all licensed and certified professionals, including, but not limited to, contractors, engineers, architects, design-build and design professionals as follows: .1 The retroactive date preceding the date of the contract; and .2 An extended reporting period of three (3) years past substantial completion. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 58 § 11.2 Owner’s Insurance § 11.1.5 The Contractor shall, for the protection and benefit of the Indemnitees and the Contractor and as part of the Contractor’s efforts to satisfy the obligations set forth in this Article 11, procure, pay for, and maintain in full force and effect, at all times during the performance of the Work until final acceptance of the Work; and for such duration as required in the Contract Documents; policies of insurance issued by a responsible carriers acceptable to the Owner, and in form and substance satisfactory to the Owner, that afford the coverages set forth in the Schedule of Insurance, attached to the Contract and made a part of it as Exhibit "X" – Construction Manager’s Insurance Certificate(s). All such insurance shall be written on an occurrence basis, with the sole exception of Professional Errors and Omissions Liability Insurance. In the event professional liability coverage is not available on "an occurrence" basis, a "claims made" basis policy with effective and retroactive dates prior to the effective date of the Contract Documents and an extended reporting period of at least three (3) years beyond Substantial Completion or as otherwise required by the Contract Documents, whichever is greater, may be substituted with the written consent and approval of the Owner and Architect. The Contractor’s completed operations coverage shall be maintained 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. § 11.1.6 The Contractor agrees to deliver to the Architect, for transmittal to the Owner with a copy to the Architect within ten (10) days of the date of the Owner-Contractor Agreement and prior to bringing any equipment or personnel onto the site of the Work or the Project site, and thereafter upon renewal or replacement of each required policy of insurance, certified copies of all required insurance policies procured by the Contractor under or pursuant to this Article 11 or, with the written consent of the Owner and Architect, Certificates of Insurance in form and substance satisfactory to the Owner and Architect evidencing the required coverages with limits not less than those specified in Section 11.1.11 below and all endorsements as required in Article 11 herein. The coverage afforded under any insurance policy obtained under or pursuant to this Section 11.1 shall be primary to any valid and collectible insurance carried separately by any of the Indemnitees. Furthermore, all policies and Certificates of Insurance shall expressly provide that no less than thirty (30) days prior written notice (ten (10) days for non-payment of premium) shall be given the Architect and Owner in the event of material alteration, cancellation, nonrenewal or expiration of the coverage contained in such policy or evidenced by such certified copy or Certificate of Insurance. 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 11.1.5. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness. § 11.1.7 Certificates of Insurance with the following or similar wording are not acceptable: "Failure to notify the certificate holder shall impose no obligation or liability of any kind upon the insurer, its agents or representatives." § 11.1.8 In no event shall any failure of the Architect to receive certified copies or certificates of policies required under Paragraph 11.1.6 or to demand receipt of such certified copies or certificates prior to the Contractor’s commencing the Work be construed as a waiver by the Owner of the Contractor’s obligations to obtain insurance pursuant to this Article 11. § 11.1.9 When any required insurance, due to the attainment of normal expiration date or renewal date, shall expire, the Contractor shall furnish to the Architect Certificates of Insurance and amendatory riders or endorsements that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as was provided by the previous policy forty-five (45) days prior to renewal date. In the event any renewal or replacement policy, for whatever reason obtained or required, is written by a carrier other than that with whom the coverage was previously placed, or the subsequent policy differ in any way from the previous policy, the Contractor shall also furnish the Architect with a certified copy of the renewal or replacement policy unless the Owner provide the Contractor with prior written consent to submit only a Certificate of Insurance for any such policy. All renewal and replacement policies shall be in form and substance satisfactory to the Owner and Architect and written by carriers acceptable to the Owner and Architect. § 11.1.10 Any Aggregate limit under the Contractor’s liability insurance, shall by endorsement, apply to this Project separately. § 11.1.11 The Contractor shall notify the Owner and Architect in writing of any reduction in collectible limits (aggregate limits) by an amount in excess of Fifty Thousand Dollars ($50,000), and the Contractor shall promptly DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 59 procure, at no expense to the Owner, such additional coverage as necessary to restore the valid and collectible limits of such insurance to that required under the Contract Documents. § 11.1.12 The Contractor shall cause each Subcontractor to procure insurance congruent with the Contractor’s insurance requirements as specified in the Contract Documents and satisfactory to the Owner and Architect and name each of the Indemnitees as additional insureds under the Subcontractor’s commercial general liability, automobile and umbrella excess liability policies. The additional insured endorsement included on the Subcontractor’s commercial general liability policy shall state that coverage is afforded the additional insureds with respect to claims arising out of all on-going and completed operations performed by or on behalf of the Contractor. Each policy shall contain a Waiver of Subrogation in favor of the Indemnities, provide for forty-five (45) day notice of cancellation or non-renewal, and be primary without contribution if the additional insureds have other insurance that is applicable to the loss. If the additional insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability under this insurance shall not be reduced by the existence of such other insurance. § 11.1.13 The Indemnitees shall be shown as "Additional Insureds" on the commercial general liability, automobile liability and umbrella (excess) liability policies and evidence of same must be included in Certificates of Insurance. Copies of policy endorsements must be provided listing the Indemnities as Additional Insureds, using ISO forms CG2010, CG2037, CA0070, CA0032 or their equivalents, and approved as to form by Owner. § 11.1.14 A "waiver of subrogation" clause in favor of the Owner will be attached to the workers compensation, commercial general liability, umbrella (excess) liability, automobile and any applicable property insurance policies and evidence of same must be included in Certificates of Insurance. Copies of policy endorsements must be provided showing waivers of subrogation in favor of the Indemnities using ISO forms CG2404, CA0070, CA0032, WC0003 or their equivalents, and approved as to form by Owner. § 11.1.15 The Owner reserves the right to review the insurance requirements during the effective period of its Agreement with the Contractor, and provide a written request for the Contractor to make any reasonable and commercially available adjustments to insurance coverages and\or limits when deemed reasonably prudent by the Owner based upon its unilateral interpretation of changes in statutory law, court decisions or the Owner’s potential increase in exposure to loss. § 11.1.16 Neither Contractor, Subcontractor, Sub-subcontractor, nor any of their insurance carrier’s liability obligations shall be limited to the minimum limits of coverage of insurance maintained or required to be maintained by the Contract Documents. § 11.2 Owner’s Liability Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. be responsible for purchasing and maintaining the Owner’s usual liability insurance. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 60 § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of SubrogationProperty Insurance § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property.Contractor shall purchase and maintain "builder’s risk" property insurance, or comparable coverage, for the full replacement cost value thereof, for (i) the Work that is to be done, (ii) all insurable items of Work, title to which has been acquired by Owner in accordance with the Contract Documents and (iii) all materials to be incorporated in the Work, if such materials are in or upon the Premises, or in transit to Premises, whether or not title has been acquired by Owner. Such insurance shall not cover any property owned, leased, or otherwise used in connection with the Work by Contractor, Contractor’s subcontractors or the agents or employees of them, that is not forming a permanent part of the Project. This insurance shall include the interests of Owner, Contractor, and Subcontractors and shall provide coverage against loss for "direct physical damage" (previously known as "all risk" coverage) including, but not limited to, without duplication of coverage, fire, extended coverage, vandalism and malicious mischief, theft, collapse, earthquake, flood, sprinkler leakage, windstorm, testing and startup, temporary buildings and debris removal including demolition and increased cost of construction occasioned by enforcement of any applicable legal requirements. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. Any coverage related to the builder’s risk property insurance maintained by Contractor for time including delay in opening and/or extra expenses shall inure to the benefit of Owner only. Owner shall be the only party insured under such policy, with the sole exception that the Contractor may be entitled to payment of its fee and general conditions associated with the reconstruction, less any deductible. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused. § 11.3.3 The Contractor’s insurance shall cover against loss for "direct physical damage" (previously known as "all risk" coverage) with sufficient limits to protect the full replacement cost value of the Work. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 61 § 11.3.4 If by the terms of the property insurance there is a deductible amount, in the event of a loss covered by such insurance, Contractor shall be responsible for all deductibles per occurrence which shall be considered a Cost of the Work for all insurable items of Work and materials to be incorporated in the Work, title to which has not been acquired by Owner in accordance with the Contract Documents. Except for Contractor’s deductible risk, Owner is bearing all risk of loss to the Property for which Owner, Contractor, and others have an insurable or financial interest during construction, and, in the event of a loss to the property during construction, Owner agrees to rely solely to the proceeds of the Builder’s Risk Insurance which Contractor has agreed to furnish. § 11.3.5 To the extent permitted by law, 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) Owner’s Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section or other property insurance applicable to the Work. Owner or Contractor, as appropriate, shall require of Owner’s Separate Contractors, if any, and the subcontractors, sub-subcontractors, agents, and employees of any of them, by written appropriate agreement, similar waivers each in favor of other parties enumerated herein. § 11.3.6 To the degree allowed by the insurer, Owner and Contractor shall each have its policies endorsed to provide for a waiver of the right of subrogation against the other respective party. § 11.3.7 Any loss insured pursuant to this Section 11.3 Property Insurance is to be adjusted by Owner and made payable to Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. Contractor shall pay each Subcontractor a just share of any insurance monies received by Contractor, and by appropriate written agreement, shall require each Subcontractor to make payments to its Sub-subcontractors in similar manner. § 11.3.8 Upon request, Owner shall make available for inspection by Contractor a copy of all policies to be furnished by Owner. § 11.4 Performance Bond and Payment Bond § 11.4.1 The Contractor must 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. Such bonds shall be issued in an amount equal to the total Contract Sum by a surety company licensed in the state where the Project is located, with a current A.M. Best rating of at least A- X, included on the U.S. Treasury Department’s listing of approved sureties, and acceptable to the Owner and Architect, or as expressly agreed otherwise by the Owner and Architect in writing. .1 Except as otherwise required by statute, the form and substance of such bonds shall be satisfactory to the Owner in the Owner’s sole judgment and shall satisfy the requirements Texas Government Code Chapters 2253 and 2269. .2 The Performance Bond and the Labor and Material Payment Bond shall each be in an amount equal to the Contract Sum and all subsequent increases. .3 Every Bond under this Section 11.4.1 must display the Surety’s Bond Number and a rider including the following provisions, which shall be attached to each Bond: a.The Surety hereby agrees that it consents to and waives notice of any addition, alteration, omission, change, or other modification of the Contract Documents; b.Any addition, alteration, change, extension of time, or other modification of the Contract Documents, or a forbearance on the part of either the Owner or the Contractor to the other, shall not release the Surety of its obligations hereunder, and notice to the Surety of such matters is hereby waived; and c.The Surety agrees that it is obligated under the bonds to any successor, grantee, or assignee of the Owner. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 62 § 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. § 11.4.3 The Bond Form shall be "Performance Bond" - AIA Document A312, 2010 Edition, pages one through four, together with "Payment Bond" - AIA Document A312, 2010 Edition, pages one through four. § 11.4.4 Additional Performance and Payment Bonds may be recommended by the Architect and required by the Owner, at the Owner’s sole discretion, from any Subcontractor. The Owner will pay such actual, additional expenditures as Cost of the Work using the process specified in Article 7 for Changes in the Work. All such bonds shall be in form and substance satisfactory to the Owner and Architect. § 11.4.5 The Contractor shall deliver the required bonds to the Owner no later than three (3) business days following the date of the Agreement is entered into, or if the Work is to be commenced prior to the date the Agreement is entered into, in response to a notification of award. The Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. § 11.4.6 The Contractor shall require the attorney-in-fact who executes the required bond on behalf of the surety to affix thereto a certified and current copy of the power of attorney. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner.Omitted. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 fourteen (14) days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. § 11.6 Insurance Companies All insurance coverage procured by the Contractor shall be provided by insurance companies having current policyholder ratings no lower than "A- X" by A.M. Best and acceptable by the Owner and Architect, or as expressly agreed otherwise by the Owner, Contractor and Owner in writing. Such companies must be licensed to do business in the State of Texas. [see comments in section 11.4.1 in re-desired rating by City] § 11.7 Failure to Purchase Insurance If one or more of the Indemnitees, or the Contractor is damaged by the failure of either the Owner or the Contractor to purchase or maintain the insurance required under this Article 11, then the party who failed to purchase or maintain the insurance shall bear all reasonable costs (including attorneys’ fees and court and settlement expenses) properly attributable to the failure. § 11.8 Insurance Limits Required The following insurance limits are the minimums to be carried by the Architect, the Architect’s consultants, the Owner’s other consultants, the Contractor, and the Subcontractors, Sub-subcontractors, and suppliers, unless higher limits are required by their respective Agreements or Texas law (in which case those limits shall control): DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 63 .1 Automobile Liability $1,000,000 Combined Single Limit .2 Commercial General Liability $1,000,000 Per Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $ 500,000 Fire Damage $ 5,000 Medical Payments .3 Professional Errors & Omissions Liability Amount equal to the Contract Sum and all subsequent increases; $3,000,000 Occurrence & Aggregate Minimum $3,000,000 Occurrence & Aggregate Maximum .4 Worker’s Compensation Statutory Limits $1,000,000 Employers Liability .5 Umbrella or Excess Liability $25,000,000 Occurrence & Aggregate Maximum $5,000,000 Occurrence & Aggregate Maximum (for Subcontractors) .6 Contractor’s Pollution coverage $1,000,000 Occurrence or Claim $2,000,000 Policy Aggregate .7 Builder’s Risk (where applicable) 100% of the total value of the work § 11.8.1 Limits for primary policies may differ from those shown when Umbrella or Excess Liability insurance is provided, as long as all coverage is equal to or greater than the minimum limits required herein. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, specifically including but not limited to additional testing and inspections, the cost of uncovering and replacement, and and replacement,; the cost of any additional supervision, material, labor, equipment, rental charges, home office overhead, and other expenditures necessitated to both rectify the non-complying conditions, protect adjacent Work of both the Contractor and the Project, and restore Work by the Contractor and others necessarily damaged in the course of rectifying the non-complying conditions; as well as compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 64 § 12.2.1.1 If prior to the date of Substantial Completion the Contractor, a Subcontractor, or anyone for whom either is responsible uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing, and other building systems, machinery, equipment, or other mechanical device, the Contractor shall cause such item to be restored to "like new" condition at no expense to the Owner. In addition, the Contractor shall promptly remedy damage and loss arising in conjunction with the Project caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, supplier, or anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable or for which the Contractor is otherwise responsible. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, or within such longer period of time as may be prescribed by law, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During If the condition is reasonably discoverable, during the one-year period for correction of Work, if and the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5.Section 2.5, and charge the reasonable costs to the Contractor. § 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 also be extended by the period of time between Substantial Completion and the actual completion of that portion the corrective Work performed by the Contractor pursuant to this Section 12.2, but only with respect to the corrected portions 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.Omitted. § 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. Omitted. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. These costs specifically include, but are not limited to such additional supervision, material, labor, equipment rental charges, home office overhead, and other expenditures necessitated to rectify the non-complying conditions, protect adjacent Work, and restore Work by the Contractor and others necessarily damaged in the course of rectifying the non-complying conditions. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.2.6 The Contractor’s obligations under this Section 12.2 shall, without limitation, survive acceptance of the Work under the Contract and termination of the Contract. § 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. In the event DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 65 final payment has been made by the Owner subsequent to accepting such non-conforming Work, the Contractor shall pay the Owner for the reduction in the Contact Sum occasioned by such acceptance. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of laws of the state of Texas. Venue on any dispute arising out of this Contract shall be in Denton County, Texas, which is the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.located and where performance is primarily to occur. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the 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 the Contract, or any rights under the contract, in whole or in part without the written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.2.3 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. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Quality Management Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. As required by the provisions of Texas Government Code, Section 2269.058(a), the Owner shall provide or contract for the construction materials engineering, testing, and inspection services and the verification testing services necessary for acceptance of the facility by the Owner. To the extent that any of the provisions of this Section 13.4 or other provisions of this Agreement conflict with any of the provisions of Section 2269.058(a) such conflict is unintentional, and the provisions of the Texas Government Code shall control. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 66 and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If such procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, Documents ("Failed Work"), all costs made necessary by such failure, the Failed Work, including those of repeated procedures and compensation for the Architect’s services and expenses, and expenses and all costs specified in Section 12.2 shall be at the Contractor’s expense. The Contractor also agrees all costs of testing, inspection, and approval services required for the correction of the Failed Work and the cost of such similar services related to remedial operations performed to the Failed Work shall be borne by the Contractor. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 It is the intent of the Construction Documents to require the Contractor to control the quality of the Work using the processes specified in the Contractor’s Quality Management, Commissioning, and Turnover Plan contained within the most recent Construction Management Plan approved by the Owner and Architect. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.in the Work and shall conform to the most recently approved Contractor’s Construction Schedule. § 13.4.7 The responsibility for implementing the Quality Management, Commissioning and Turnover Plan is the Contractor’s, as is the obligation to provide the Work and a complete and functional project per the Contract Documents. Notwithstanding anything herein, or in subsequently approved Quality Management, Commissioning and Turnover Plans, the Owner’s review and Architect’s approval of such plan(s) does not relieve the Contractor in any way of this responsibility. § 13.4.8 The Contractor shall be in charge of scheduling; re-scheduling (when required); and confirming adequate distribution of reports and other findings from all testing and inspections of the Work. This responsibility includes, but is not limited to, scheduling the testing services of a certified testing laboratory which, by statute shall be contracted to and paid for by the Owner. The certified testing laboratory shall be acceptable to the Architect; and shall perform the tests as called for in the Contract Documents. The conditions that apply to materials testing and inspections include, but are not limited to the following: .1 The frequency and type of Quality Control testing shall be established by the Contractor and shall be sufficient to insure the delivery of the Work and a complete and functional project per the Contract Documents. The type and amount of testing required by the Contract Documents shall be seen as the minimums required, and shall be increased, if in the opinion of the Contractor, more testing is needed to meet the requirements of the Contractor. .2 The Contractor shall concurrently provide the Architect copies of all test results it receives within three (3) business days of receipt of same. .3 The Owner shall provide such Quality Assurance testing as it and the Architect mutually agree to be adequate for their own needs. The Owner shall distribute the results of its own Quality Assurance tests as it, at its sole discretion, deems appropriate. The provision of Quality Assurance testing by the Owner, or lack thereof shall in no manner affect the responsibilities of the Contractor or Architect under this Agreement. § 13.4.9 The Contractor shall facilitate and conduct weekly (or more frequent if necessary) meetings on site for the coordination of all mechanical, electrical and special systems installation activities and possible interference(s) above ceilings, in mechanical rooms, etc. The mechanical trades shall typically have preference in the event of conflicts, and therefore the mechanical contractor’s coordinator will usually lead each meeting, unless the Contractor decides another trade or the Contractor should take the lead. The Architect shall be informed of the meetings at least seven (7) days in advance, and the appropriate Architect’s consultants should be invited to attend by the Contractor, as supplemented and coordinated by the Architect. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 67 § 13.4.10 The Contractor’s Quality Management, Commissioning and Turnover Plan shall specify that prior to completion and acceptance of any building system or phase, consistent with the Contract and applicable codes and Contractor will review, in detail, the steps for completing testing of all building systems with the Owner and Architect. This plan shall be coordinated with and shall be made part of the Contractor’s Construction Schedule. All testing shall be of each complete system, before covering, or of individually separable larger portions of each system and shall be performed in the presence of the appropriate Owner’s and Architect’s consultant(s), representatives of the Owner, and at its option, either or both the Architect. § 13.4.11 When heating, air conditioning, ventilating, exhaust, or other items of mechanical, electrical or other similar equipment are installed, or other systems or equipment requiring testing as may be specified in the Contractor’s Quality Management, Commissioning and Turnover Plan, it shall be the responsibility of the Contractor, Subcontractor or Sub-subcontractor installing such equipment to operate it for a period of time satisfactory to the Owner prior to acceptance and before the start of Warranty. The duration of such operation shall be as the Owner, Owner’s consultant(s), Architect’s consultant(s), Owner’ employees and other Owner’s representatives (the Turnover Team) shall reasonably require for proper testing of the respective system and thorough instruction of the Owner’s operating personnel. § 13.4.12 All equipment, testing instruments, instruction materials and incidentals required for proper testing of such systems and thorough instruction of the Owner’s operating personnel on each system’s operations and maintenance shall be provided by the Contractor, Subcontractor or Sub-subcontractor responsible for providing and installing the equipment. Such tests and instruction shall be in meetings held solely for this purpose (the Turnover Meetings), which shall be coordinated and managed by the Contractor, who shall show their dates in the Contractor’s Construction Schedule at least sixty (60) days prior to occurrence. The Contractor shall schedule the Turnover Meetings at times reasonably convenient for the Owner’s consultant(s), Architect’s consultant(s), Owner’s employees and other Owner’s representatives that the Owner and Architect agree are necessary to attend for each system. The Architect may attend such Turnover Meetings at its discretion. § 13.4.13 The Contractor shall provide a digital video record to the Owner, with copies to the Architect of all meetings for the purpose of Owner operational staff instruction or training; as well as commissioning of equipment. These videos will become a permanent part of all Operations and Maintenance manuals as applicable. § 13.4.14 The Contractor shall prepare a digital video record of the project for the Owner with copies to the Architect at such stages as shall be indicated by the Architect for the purpose of documenting the location of piping, conduit, equipment, or other construction to be concealed at a later date; recording key inspections and tests; providing evidence of unforeseeable conditions encountered by the Contractor on site; and other construction issues as the Architect may reasonably require from time to time. § 13.4.15 The Contractor shall layout and mark any plantings, shrubs and trees which will require removal a minimum of five (5) business days prior to their removal. The Contractor shall notify the Architect in writing immediately upon completion of this marking, and the Architect will have the location of these marked plantings, shrubs and trees reviewed and approved (if correct) by the Owner. The Architect will then give permission for removal in writing to the Contractor. Plantings, shrubs, and trees shall not be removed or damaged without such permission. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.as set forth in the provisions of Texas Government Code, Chapter 2251 or its successor statute. § 13.6 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 ten (10) years after the date of Substantial Completion of the Work. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 68 § 13.7 Release of Retainage at Substantial Completion Notwithstanding any other provision in the Contract Documents to the contrary, upon Substantial Completion of the Work the Owner shall be entitled to retain from the Contract Sum due to the Contractor an amount equal to the greater of: (a) the product obtained by multiplying eight (8) times the total cost of completion of the Punch List items as estimated by the Architect; or (b) twenty-five thousand dollars ($25,000), whichever is greater. § 13.8 Measurement Before ordering any material or doing any Work, the Contractor shall verify all measurements for Work completed at the Project and shall be responsible for their accuracy. Any differences found shall be submitted to the Architect for consideration before proceeding with the Work. The Contractor shall use its utmost efforts to identify discrepancies in dimensions in a timely fashion and notify the Owner and Architect of these prior to commencing any Work affected by the ambiguous dimensions. No extra charge or compensation shall be allowed because of differences between actual measurements and the dimensions indicated on the drawings. § 13.9 Expediting Materials The Contractor shall immediately, after receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for the Work, and shall submit to the Architect evidence that such orders have been placed in accordance with the Contractor’s Construction Schedule. § 13.10 Addressing the Owner’s Additional Needs and Concerns § 13.10.1 Notwithstanding the above, the Owner has a unique set of stakeholders and organizational structure that creates special challenges the Contractor must completely and successfully address to the satisfaction of the Owner and Architect in the performance of the Work under this Agreement. The actions that shall be taken to address these special challenges include, but are not limited to, the following: .1 The Contractor shall provide the Superintendent once per month for a scheduled meeting with the Owner for a progress update on the project if requested by the Owner. A walk-through of the site may be held as a part of this meeting, which shall be scheduled for 4pm or shortly thereafter on a standard business day. .2 The Contractor may be required to provide the Superintendent for one meeting per month with the Architect for the purpose of assisting the Owner in preparing City Council agenda items and assisting City staff in preparing presentations to the City Council for the benefit of the public. The actual preparation and submission of the City Council of any agenda or work session item shall be performed by the Owner. .3 In addition to the meetings required to complete the Project, it is anticipated the Owner may request tours from time to time of the project and the site. The Contractor shall indicate in writing when such activity will be permitted and when the site is off limits. These requirements shall be coordinated through the Owner. § 13.11 Additional Provisions § 13.11.1 In the event that any provision herein is held to be unlawful, against public policy, or a violation of the Charter or Ordinances of the Denton City, Texas, such provision shall be modified to make it valid, or if modification is not possible, such provision shall be deleted and the remainder of this Agreement shall remain in full force and effect. § 13.11.2 Each party hereto agrees to, without limitation, perform all acts; provide all services, material, equipment, labor and supervision; and to make, execute, and deliver such written instruments, as shall from time to time be reasonably required to carry out the terms and provisions of the Contract Documents. § 13.11.3 All exhibits referred to in the Contract Documents are, by reference, incorporated herein for all purposes. § 13.11.4 The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of the Contract Documents. § 13.11.5 Any specific requirement in this Contract that require responsibilities or obligations of the Contractor also apply to a Subcontractor is added for emphasis and is also hereby deemed to include a Subcontractor, Sub-subcontractor or supplier of any tier. The omission of a reference to a Subcontractor in connection with any of the DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 69 Contractor’s responsibilities or obligations shall not be construed to diminish, abrogate, or limit any responsibilities or obligations of a Subcontractor, Sub-subcontractor or supplier of any tier under the Contract Documents or the applicable subcontract. § 13.11.6 The provisions of the Contract Documents shall not be changed, amended, waived, or otherwise modified in any respect except by a written document signed by Owner. No person is authorized on behalf of Owner to orally change, amend, waive, or otherwise modify the terms of the Contract Documents or any of the Contractor’s duties or obligations under or arising out of the Contract Documents. Any change, waiver, approval, or consent granted to the Contractor shall be limited to the specific material restated in the written document signed by Owner and shall not relieve Contractor of any other of the duties and obligations under the Contract Documents. § 13.11.7 The Contractor shall provide and file, as required by law, all notices required or permitted by the laws of the state in which the Project is located for protection of Owner from liens and claims of lien if permitted or required by applicable law. Contractor shall be responsible for filing in the appropriate court or other governmental office records all such notices as required or permitted by the laws of the state in which the Project is located. § 13.11.8 The Contractor shall provide Owner with copies of all notices received by Contractor from Subcontractors, Sub-subcontractors, and/or suppliers to Contractor. § 13.11.9 The Owner is a Texas home-rule municipality and as such is generally exempt from taxation under Texas law, which may include the purchase of items, materials, or supplies purchased on behalf of the Owner for this public works project. Contractor shall confirm that the Owner is exempt before paying taxes for items, materials, or supplies that may not be lawfully charged to the Owner. §13.11.10 Owner affirmatively represents that its governing body has duly appropriated such sums which are equal to or in excess of the contract amount, and that such contract amount may be lawfully paid by Owner to Contractor subject to the terms and conditions of the Contract Documents. In the event that Owner approves a Change Order, Construction Change Directive or other additional compensable Work to be performed by Contractor, (other than that contemplated by the Contract Documents under any remedy-granting provision), Owner will issue a written assurance at the time of such approval that such additional compensation to be paid has also been duly appropriated by the Owner’s governing body. § 13.11.11 In the event the Owner is required to further advertise the completion of the Work or the Project under any local, state or Federal law, the Contractor shall notify the Owner and Architect of such requirement(s) in writing not less than thirty (30) days in advance and attach a copy of the specific advertising and noticing required. §13.11.12 The Contractor shall, in addition to compliance with the requirements of Section 3.7.6 and without limitation, not knowingly employ or contract with an illegal alien to perform any of the Work under this Agreement. The Contractor shall not knowingly contract with a Subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work under this Agreement or (ii) fails to certify to the Contractor that the Subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. §13.11.12.1 The Contractor shall comply with any reasonable request of the Texas Workforce Commission made in the course of an investigation pursuant to state law. §13.11.12.2 In addition to any other legal or equitable remedy, and notwithstanding anything to the contrary in the Contract Document the Owner may be entitled to for a breach of the Agreement, if the Owner terminates this Agreement, in whole or in part, due to Contractor’s breach of the obligations set forth above in this Section 13.11.12 Contractor shall be liable for actual and consequential damages to the Owner. § 13.11.13 It is the express intention of the parties that this Agreement is not to be construed as a waiver of any immunities or defenses of the Owner under Texas law. § 13.11.14 Notwithstanding any other provision in the Contract Documents to the contrary, public property is protected from forced sale and therefore may not be made the subject of a mechanic’s lien. Nothing in the Contract Documents shall be construed to allow a mechanic’s lien on public property owned by the Owner. The Owner does not waive its immunities or right to object to or contest such a lien. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 70 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; or .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. stopped. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven (7) days’ notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. including other costs allowed by the law. § 14.1.4 If the Work is stopped for a period of 60 sixty (60) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the ContractorContractor: .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents.Documents; or .5 contractor becomes insolvent or makes a general assignment for the benefit of its creditors. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.payment. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 71 § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s, Architect’s consultants’, and Owner’s other consultants’ 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. § 14.2.4.1 The costs of finishing the Work include, without limitation, all reasonable attorneys’ fees, additional title costs, insurance, additional interest because of any delay in completing the Work, and all other direct and indirect costs incurred by the Owner by reason of the termination of the Contractor as stated herein. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. be as specified in Article 7. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall 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 Upon such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement.Contractor shall recover as its sole remedy payment for Work properly performed in connection with the terminated portion of the Work prior to the effective date of termination and for items properly and timely fabricated off the Project site, delivered and stored in accordance with the Contract Documents and Owner’s further instructions. The Contractor waives and forfeits all other claims for payment and damages, including, without limitation, anticipated profits, lost opportunity costs, and potential and actual unabsorbed overhead costs. The Owner shall be credited for (1) payments previously made to the Contractor for the terminated portion of the Work; (2) claims that the Owner has against the Contractor under the Contract; and (3) the value of the materials, supplies, equipment, or other items that are to be disposed of by the Contractor that are part of the Contract. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 72 § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2.law. § 15.1.3 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. ; provided, however, that the claimant shall use its best efforts to furnish the Initial Decision Maker and the other party, as expeditiously as possible, with notice of any Claim including, without limitation, those in connection with concealed or unknown conditions, once such claim is recognized, and shall cooperate with the Architect and the party against whom the claim is made in any effort to mitigate the alleged or potential damages, delay, or other adverse consequences arising out of the condition that is the cause of such a Claim. Claims by either party must be initiated within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one ( 21 ) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.1 Claims Made After Final Payment After Final Payment, Claims made by the Contractor that have not otherwise been waived pursuant to this Contract, must be initiated within one hundred and eighty (180) days from the date of Final Payment by written notice to the Owner as a condition precedent to the Contractor’s right to sue on the Contract. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision recommendation by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. Damages available to the Contractor are limited to those set forth in the Texas Local Government Code, Subchapter I, Section 271.153 or its successor statute(s). § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.the Contractor shall provide written notice as required by Sections 8.3.4. and 8.3.5. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 73 § 15.1.6.2 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.in accordance with Section 8.3.5. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision Omitted. § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 74 § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, Contract shall be subject to mediation as a condition precedent to binding dispute resolution.precedent to filing suit in a state district court having competent jurisdiction per the Contract Documents. If a statute of limitations is at issue, then suit may be filed by either party to toll the statute, but the suit shall then be stayed pending completion of the agreed mediation. If the parties cannot agree on a mediator, then the court may appoint one upon application of either party. § 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 mediation. 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.Contract. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements Written agreement(s) reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Init. / AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 75 § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:00:21 ET on 04/12/2020 under Order No.9850900633 which expires on 12/28/2020, and is not for resale. User Notes: (1146244725) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Chris Squadra, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 16:00:21 ET on 04/12/2020 under Order No. 9850900633 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201™ – 2017, General Conditions of the Contract for Construction, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Chris Squadra, Principal 13-APR-2020 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “A” Scope of Work See attached design documents dated January 9, 2020. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXAS© 2020 Brandstetter Carroll Inc. All rights reserved NORTH SCALE: NTS Headquarters Renovation Site Plan Eliminate Street Parking (10 spaces) Secure Training Entry Secure Entry Secure Entry 12 Covered Spaces 14 Spaces Sallyport Entry Jail Visitor Parking Existing HVAC Units Jail Entrance EXISTING BUILDING EXPOSITION ST.FRAME ST.E MCKINNEY ST. E HICKORY ST.RAILROAD AVE.106 Spaces Change Space Direction (16 Spaces) Public Entry Secure Police Parking Secure Perimeter Fence Secure Parking 52 Spaces Secure Entry New Sallyport DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXAS© 2020 Brandstetter Carroll Inc. All rights reserved NORTH SCALE: NTS Headquarters Renovation Site Plan Eliminate Street Parking (10 spaces) Secure Training Entry Secure Entry Secure Entry Change Space Direction (16 Spaces) Covered Parking New Sallyport EXISTING BUILDING EXPOSITION ST.FRAME ST.E MCKINNEY ST. E HICKORY ST.RAILROAD AVE.118 Spaces Secure Police Parking 73 Spaces Secure Police Parking 35 Spaces Public Parking 12 Spaces Secure Parking 52 Spaces Future Expansion (6,000 S.F.) Future Expansion (10,000 S.F.) Secure Perimeter FenceSecure Perimeter Fence Secure Entry Existing HVAC Units Jail Entrance Public Entry Sallyport Entry DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXAS© 2020 Brandstetter Carroll Inc. All rights reserved NORTH SCALE: 3/64” = 1’-0” Headquarters Renovation Overall Floor Plan Public/ Lobby Admin Support ChiefRecords Mgt. Prof. Std. Plant Property Evidence Training PSAPNarc./ Major CrimeJail/ Holding Criminal Investigaton Criminal Investigaton Staff Support Staff Support Plan 2 Plan 2 Plan 1 Plan 1 Police Entry Police Entry Chief Entry Police Entry Public Entry Jail Entry PSAP Entry Patrol/ Neighborhood/ Traffic DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXASNORTH SCALE: 3/32” = 1’-0” Patrol Report / Work Area Roll CallJuv. Hold Room Juv. Proc. Area Juv. Int Rm. Int Rm. Int Rm. Conference & Map Room Sgt. Offices Sgt. Offices Sgt. Offices Sgt. Offices Sgt. Offices Lt. Office Lt. Office CRO Office CRO Office Conference Sto. Sto. Sto. Pro- curemnet Crime Analysis Area Office Office Office Assist. Chief Accred. Comp. Spec. Accred. Comp. Spec. Bureau Chief Bureau Chief Bureau Chief Captain Chief’s Office RR Work Work RR Break Admin. Assist. Admin. Assist. Work Chief’s Lobby Public Lobby Public Counter Police Mem./ Museum Budget/ Grants Budget/ Grants Prop. Pickup Manager Office Adm. Asst. Acct. Pay. Work Conf. Room Payroll Payroll Quarter Master Evidence Work-up Evidence Work-up Sgt. Office Sgt. Office Sgt. Office Lt. Office Conf. Future Office WeaponsFar. Rm. DrugsHaz- V CashEvid. Office Evidence Workstations Evid. Sto. Evidence Intake/ Processing Property Room Long Term Evidence Work Area NARC/ Maj. Crimes Fgpt. Room Prop. Transf. Public Rpt./Int. Public Rpt./Int. Public Rpt./ Int.Public Rpt./Int. Public Info. Liaison Public Info. Liaison Entry Vestibule Supvr. Office Workstations Workstations Sto. Jan. Work & Mail Area Vict. Mtg. Victm Serv. Victm Serv. Victm Serv. Victm Waiting RR Int. Room Sto. Int. Room Int. Room Jan. Crime Scene Entry Crime Scene AFIX/ Latent Crime Scene Cell Phone Crime Scene Manager ALS/ SPEX Video/ Faro Workstations Found Property Sally port Park 1 Park 2 Park 3 Park 4 Jail Lobby Elec. Report Office Park 5 Park 6/ Veh. Proc. Int RR Int RR Detective Work Stations Women’s Locker Men’s Locker BreakroomFitness Pan.Lact. Rm. Quiet/ Resting Room Cust. Sply. Sto. Conference Conference Lobby Prof. Stand. Office Prof. Stand. Office Prof. Stand. Office Physical Plant (2 Levels) Men’s Shower & RR Women’s Shower & RR Work Area Lt. Office IDF IDF Sto. Sto. Admin Assit Future Exp Corridor Corridor Corridor Corridor CorridorElectricalCorridorCorridor CorridorCorridorCorridorLt. Office Sgt. Office Sgt. Office Sgt. Office Lt. Office Sto. Crime Scene Lab Records Filing Clerks Workstations Atty. Office Atty. Office Chief’s Conference Wrk./ Copy/ File Admin. Asst. Break RR RR Police EntryJail Entry Headquarters Renovation Floor Plan 1 Public/Lobby Training Administration Office of the Chief Administration Support Staff Support Narcotics/Major Crimes Jail Lobby PSAP Records Management Mechanical & Elelctrical Circulation Property Evidence Criminal Investigation Patrol & Neighborhood & Traffic Division Chief Entry © 2020 Brandstetter Carroll Inc. All rights reserved DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXASNORTH SCALE: 3/32” = 1’-0” Headquarters Renovation Floor Plan 2 Training Exp. Break Room LockersMDF (Server) Room Disp. Sto. Tech. Sto. Dispatch Area Quiet Room RR RR Quality Assur. Mgt. Analyst Public Safety Manager P.S. Tech. Support P.S. Tech. Analyst P.S. CAD Admin. CAD Admin. PSAP Tech. Supervisors OfficeAdmin. Assist. Conference/ Emergency Ops. Train. Coord. Office Bike Chng. Bike Chng. Bike Locker Bike Storage Equip. Sto. Duty Locker IDFWeapon Locker Locker Room Patrol Report/ Work Area Reserve Downtown Unit Area Tactical Briefing / Training RR RR RRTactical Office Gear/Equip. Room Sec. Gear/ Equip. Room Training Room Police Entry Police Entry PSAP Entry Roll Call Public/Lobby Training Administration Office of the Chief Administration Support Staff Support Narcotics/Major Crimes Jail Lobby PSAP Records Management Mechanical & Elelctrical Circulation Property Evidence Criminal Investigation Patrol & Neighborhood & Traffic Division © 2020 Brandstetter Carroll Inc. All rights reserved DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXAS© 2020 Brandstetter Carroll Inc. All rights reserved NORTH SCALE: NTS Sub-Station Overall Site Plan VINTAGE BLVD.S. BONNIE BRAE ST.NEW 28,275 S.F. POLICE STATION NEW 28,300 S.F. FIRING RANGE Public Parking 50 Spaces Range Parking 20 Spaces Covered Parking 40 Spaces Secure Police Parking 40 Spaces Secure Police Parking 40 Spaces Sallyport Future Expansion (10,000 S.F.) Public Entry Secure Entry Secure Entry Secure Perimeter Fence SCALE: NTS 4201 VINTAGE BLVD.4111 VINTAGE BLVD. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXAS© 2020 Brandstetter Carroll Inc. All rights reserved NORTH SCALE: NTS Sub-Station Floor Plan Vestibule Wom- en’s RR Men’s RR Training & Recruiting Sto.AV Lobby Records Counter Filing/Mail/ Work Area Captain Office Confer- ence Break Room Fitness/ Training Room Physical Plant Victim Serv. Crime Analysis Int. Room Int. Room RR RR Sto.RR RRHold Hold Vehicle Sallyport Patrol Work Area Admin Assist.Lt. Office Lt. Office Lt. Office Lt. Office Lt. Office Confer- ence Sgt. Office Sgt. Office Sgt. Office Evidence Work-UpWork Area Juv. Hold Room Juv. Hold Room Juv. Proc. Room Motorcycle Parking (12 Spaces) To Gun Range CRO Office CRO Office Quiet/ Resting Room Duty Locker Int. Quarter Master Women’s RR Men’s RR Men’s Locker Room (66 Total) Roll Call Prop. Intake Prop. Room Women Locker Room (66 Total) Sgt. Office Sgt. Office Sgt. Office Sgt. Office Sgt. Office Traffic Touchdown Area Tactical Briefing/ Training Room Traffic Sto.Map Room Future Office Conference Mechanical Int. RoomPantryAdmin Asst. Fingerprint Station Int. Int. Public Entry Police Entry Police Entry Police Entry Emergency Exit Emergency Exit Admin Assist. Jan.MDFEquip. Sto. Detectives Area (28 Stations) Lact. Room DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXASSub-Station Elevation © 2019 Brandstetter Carroll Inc. All rights reserved DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E DENTON POLICE RENOVATION AND SUB-STATIONDENTON, TEXAS© 2020 Brandstetter Carroll Inc. All rights reserved NORTH SCALE: NTS ElectricalLobby Office Classroom Office Sto. Sto. Range Control VestibuleCleanArmory 50 YD. Range FIRING RANGE ALTERNATE FLOOR PLAN Scale: 1/16”=1’-0” FIRING RANGE FLOOR PLAN Scale: 1/16”=1’-0” FIRING RANGE ENLARGED FLOOR PLAN Scale: 1/8”=1’-0” 50 YD. Range100 YD. Range See Enlarged Plan See Enlarged Plan Uni. R.R. Jan. Vend. Women’s R.R. Men’s R.R. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E BRANDSTETTERCARROLL INCARCHITECTS . ENGINEERS . PLANNERSLexington Cincinnati Cleveland DallasDenton Police HeadquartersRenovation601 East Hickory StreetDenton, Texas 76205January 09, 2020Schematic Design19048Design Development© 2019 Brandstetter Carroll Inc. All rights reservedDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Demolition Floor Plan - Area 'A'General Demolition NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationAD-101Demo Floor Plan - Area 'A'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Demolition Floor Plan - Area 'B'General Demolition NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationAD-102Demo Floor Plan - Area 'B'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Demolition Floor Plan - Area 'C'General Demolition NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationAD-103Demo Floor Plan - Area 'C'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Demolition Floor Plan - Area 'D'General Demolition NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationAD-104Demo Floor Plan - Area 'D'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Demolition Floor Plan - Area 'E'General Demolition NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationAD-105Demo Floor Plan - Area 'E'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Floor Plan - Area 'A'General Floor Plan NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationA-101Floor Plan - Area 'A'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Floor Plan - Area 'B'General Floor Plan NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationA-102Floor Plan - Area 'B'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Floor Plan - Area 'C'General Floor Plan NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationA-103Floor Plan - Area 'C'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Floor Plan - Area 'D'General Floor Plan NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationA-104Floor Plan - Area 'D'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A11/8"=1'-0"Floor Plan - Area 'E'General Floor Plan NotesLegendCoded NotesKey PlanDenton Police HQDenton, Texas 76205601 East Hickory StreetRevisions:Issue Date: January 09, 202019048Project No. 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comLexington Cincinnati Cleveland Dallas © 2019 Brandstetter Carroll Inc. All rights reservedRenovationA-105Floor Plan - Area 'E'DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E BRANDSTETTERCARROLL INCARCHITECTS . ENGINEERS . PLANNERSLexington . Cincinnati . Cleveland . Dallas19048Denton Police Sub-StationJanuary 9, 2019SchematicDesign© 2020 Brandstetter Carroll Inc. All rights reservedDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E A-201E4A-201B1VESTIBULE101TRAINING &RECRUITING102A.V.103STOR.104WOMENSPUBLIC105MENS PUBLIC106LOBBY108INT. ROOM109INT. ROOM110COORD.111ACOORD.111BCOORD.111CRECORDS112WORK & MAIL113ADMIN ASSIST.114CAPTAIN115CONFERENCE116BREAKROOM117PANTRY118FITNESS /TRAINING119PHYSICALPLANT120MDF121JANITOR122EQUIP. STOR.123CRIMEANALYSIS124R.R.125INT. ROOM126INT. ROOM127R.R.128HOLD129HOLD130SALLY PORT131STOR.132R.R.133R.R.134INT. ROOM135DUTY LOCKER136WOMENSLOCKER162WOMENS163MENS LOCKER164MENS165DETCTIVESAREA166COORD.111ESGT. OFFICE167SGT. OFFICE168SGT. OFFICE169LT. OFFICE170LT. OFFICE171EVIDENCEWORK UP AREA172PROPERTY173PROPERTYINTAKE174DRY175STOR.176ROLL CALL177CONFERENCE178INT. ROOM179VICTM SERV.180/A1A-101/A1A-102/A1A-101/A1A-102D1A-301A1A-301A1A-302C1A-302C2A-302C3A-302C4A-302A-201A1A-201B4A-201E1A-201C2A1A-401COORD.111DMECHANICAL147QRTR MASTER137LACTATE146QUIET /RESTING ROOM145CRO OFFICE138CRO OFFICE139JUV. PROC.140JUV. HOLD141JUV. HOLD142SGT. OFFICE155SGT. OFFICE154SGT. OFFICE153FUTURE OFFICE150CONFERENCE149SGT. OFFICE152SGT. OFFICE151LT. OFFICE156LT. OFFICE157LT. OFFICE158ADMIN ASSIST.159PATROL WORKAREA160TRAFFICTOUCHDOWNAREA161TACTICALBRIEFING /TRAINING ROOM148MAP143TRAFFIC STOR.144A2A-401A4A-401A6A-4011A-304CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERwww.brandstettercarroll.comLexington Cincinnati Cleveland Dallas2360 Chauvin Drive, Lexington, KY 40517p. 859.268.1933PlottedRevisions:Issue Date:Project No.1/8/2020 12:12:26 PMDenton PoliceSub-StationJanuary 9, 20194111 Vintage Blvd.Denton, Texas 76226Schematic DesignA-00119048Overall Floor Plan© 2020 Brandstetter Carroll Inc. All rights reserved3/32" = 1'-0"Floor PlanA1NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E VESTIBULE101TRAINING &RECRUITING102A.V.103STOR.104WOMENSPUBLIC105MENS PUBLIC106LOBBY108INT. ROOM109INT. ROOM110COORD.111ACOORD.111BCOORD.111CRECORDS112WORK & MAIL113ADMIN ASSIST.114CAPTAIN115CONFERENCE116BREAKROOM117PANTRY118FITNESS /TRAINING119PHYSICALPLANT120MDF121JANITOR122EQUIP. STOR.123CRIMEANALYSIS124R.R.125INT. ROOM126INT. ROOM127R.R.128HOLD129HOLD130SALLY PORT131STOR.132R.R.133R.R.134INT. ROOM135DUTY LOCKER136WOMENSLOCKER162WOMENS163MENS LOCKER164MENS165DETCTIVESAREA166COORD.111ESGT. OFFICE167SGT. OFFICE168SGT. OFFICE169LT. OFFICE170LT. OFFICE171EVIDENCEWORK UP AREA172PROPERTY173PROPERTYINTAKE174DRY175STOR.176CONFERENCE178INT. ROOM179VICTM SERV.180/A1A-102/A1A-102SGT. OFFICE151TACTICALBRIEFING /TRAINING ROOM148EXIT AEXIT EEXIT FCARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERwww.brandstettercarroll.comLexington Cincinnati Cleveland Dallas2360 Chauvin Drive, Lexington, KY 40517p. 859.268.1933PlottedRevisions:Issue Date:Project No.AREA "A"AREA "B"Key Plan1/8/2020 12:12:28 PMDenton PoliceSub-StationJanuary 9, 20194111 Vintage Blvd.Denton, Texas 76226Schematic DesignA-10119048First Floor Plan "A"© 2020 Brandstetter Carroll Inc. All rights reserved1/8" = 1'-0"Floor Plan -Area "A"A1NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E STOR.104DUTY LOCKER136PROPERTYINTAKE174STOR.176ROLL CALL177/A1A-101/A1A-101COORD.111DQRTR MASTER137CRO OFFICE138CRO OFFICE139JUV. PROC.140JUV. HOLD141JUV. HOLD142LT. OFFICE156LT. OFFICE157LT. OFFICE158ADMIN ASSIST.159PATROL WORKAREA160TRAFFICTOUCHDOWNAREA161MAP143TRAFFIC STOR.144MECHANICAL147LACTATE146QUIET /RESTING ROOM145SGT. OFFICE155SGT. OFFICE154SGT. OFFICE153FUTURE OFFICE150CONFERENCE149SGT. OFFICE152SGT. OFFICE151EXIT BEXIT CEXIT DEXIT ECARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERwww.brandstettercarroll.comLexington Cincinnati Cleveland Dallas2360 Chauvin Drive, Lexington, KY 40517p. 859.268.1933PlottedRevisions:Issue Date:Project No.AREA "A"AREA "B"Key Plan1/8/2020 12:12:29 PMDenton PoliceSub-StationJanuary 9, 20194111 Vintage Blvd.Denton, Texas 76226Schematic DesignA-10219048First Floor Plan "B"© 2020 Brandstetter Carroll Inc. All rights reserved1/8" = 1'-0"Floor Plan -Area "B"A1NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E First Floor100'-0"Roof Bearing Lower115'-4"/B4A-201/B4A-201Tower131'-4"Roof Bearing Upper120'-4"b.o. tower window127'-4"First Floor100'-0"Roof Bearing Lower115'-4"/A1A-201/A1A-201Tower131'-4"Roof Bearing Upper120'-4"b.o. tower window127'-4"First Floor100'-0"Roof Bearing Lower115'-4"/E1A-201/E1A-201Tower131'-4"Roof Bearing Upper120'-4"b.o. tower window127'-4"First Floor100'-0"Roof Bearing Lower115'-4"/C2A-201/C2A-201Tower131'-4"Roof Bearing Upper120'-4"b.o. tower window127'-4"First Floor100'-0"Roof Bearing Lower115'-4"Tower131'-4"Roof Bearing Upper120'-4"b.o. tower window127'-4"First Floor100'-0"Roof Bearing Lower115'-4"Tower131'-4"Roof Bearing Upper120'-4"b.o. tower window127'-4"CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERwww.brandstettercarroll.comLexington Cincinnati Cleveland Dallas2360 Chauvin Drive, Lexington, KY 40517p. 859.268.1933PlottedRevisions:Issue Date:Project No.1/8/2020 12:12:36 PMDenton PoliceSub-StationJanuary 9, 20194111 Vintage Blvd.Denton, Texas 76226Schematic DesignA-20119048Elevations© 2020 Brandstetter Carroll Inc. All rights reserved1/8" = 1'-0"South -Elevation Area "A"A11/8" = 1'-0"South -Elevation Area "B"B41/8" = 1'-0"North -Elevation Area "A"C21/8" = 1'-0"North -Elevation Area "B"E11/8" = 1'-0"East -ElevationE41/8" = 1'-0"West -ElevationB1NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E BRANDSTETTERCARROLL INCARCHITECTS . ENGINEERS . PLANNERSLexington . Cincinnati . Cleveland . Dallas19048Denton Police Shooting RangeJanuary 9,2020SchematicDesign© 2020 Brandstetter Carroll Inc. All rights reservedDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2A-32A-31A-31A-3A2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:10 AMA-019048SHOOTING RANGESITE PLANSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020PROPOSED SHOOTING RANGE SITE PLANSCALE 1/16" = 1'-0"NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 50-YARD SHOOTING LINE50-YARD SHOOTING LINE25-YARD SHOOTING LINE25-YARD SHOOTING LINE15-YARD SHOOTING LINE5-YARD SHOOTING LINE9-YARD SHOOTING LINE3-YARD SHOOTING LINE15-YARD SHOOTING LINE5-YARD SHOOTING LINE9-YARD SHOOTING LINE3-YARD SHOOTING LINE60' - 8"66' - 8"21' - 4"10' - 0"149' - 4"18' - 0"2' - 6"(8 LANES @ 48" EA.)32' - 0"4' - 0"(7 LANES @ 48" EA.)28' - 0"2' - 6"COLUMN LINE2A-32A-31A-3INCLINED RUBBER MEDIA BULLET TRAPCOLUMNCOLUMN8' - 0"1A-3A2A-3ELECTRICALCORRIDORRANGECONTROLMENSJANWOMENSCLOSETVESTIBULEUNI-SEXCLEANARMORYENTRYLOBBYOFF #1OFF #2STOR.36-PERSONCLASSROOMVENDINGDRINKING FOUNTAINRECEPTIONMONITIORMONITIORMONITIORMONITIORMONITIORMONITIORCOUNTERTOPCOUNTERTOPMULTI-TAPHANDWASH2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:13 AMA-119048CONCEPTUALFLOOR PLANSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020PROPOSED OVERALL FLOOR PLANSCALE 1/16" = 1'-0"ENLARGED OFFICE FLOOR PLANSCALE 1/8" = 1'-0"NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2A-32A-31A-3100-YARD SHOOTING LINE25-YARD SHOOTING LINE15-YARD SHOOTING LINE5-YARD SHOOTING LINE9-YARD SHOOTING LINE3-YARD SHOOTING LINE50-YARD SHOOTING LINE50-YARD SHOOTING LINE25-YARD SHOOTING LINE25-YARD SHOOTING LINE15-YARD SHOOTING LINE5-YARD SHOOTING LINE9-YARD SHOOTING LINE3-YARD SHOOTING LINE15-YARD SHOOTING LINE5-YARD SHOOTING LINE9-YARD SHOOTING LINE3-YARD SHOOTING LINE60' - 8"66' - 8"21' - 4"10' - 0"149' - 4"18' - 0"2' - 6"(8 LANES @ 48" EA.)32' - 0"4' - 0"(7 LANES @ 48" EA.)28' - 0"2' - 6"COLUMN LINEINCLINED RUBBERMEDIA BULLET TRAPINCLINED RUBBER MEDIA BULLET TRAPCOLUMNCOLUMN8' - 0"2' - 6"(5 LANES @ 60" EA.)25' - 0"2' - 6"50-YARD SHOOTING LINE12' - 8"20' - 0"300' - 0"18' - 0"98' - 0"1A-3A2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:16 AMA-1A19048BID ALTERNATEFLOOR PLANSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020BID ALTERNATE OVERALL FLOOR PLANSCALE 1/16" = 1'-0"NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:20 AMA-219048ISOMETRIC FLOORPLANSSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020ISOMETRIC OVERALL FLOOR PLANNO SCALEISOMETRIC OVERALL FLOOR PLANNO SCALENUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:24 AMA-2A19048BID ALTERNATEISOMETRIC PLANSSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020ISOMETRIC OVERALL FLOOR PLANNO SCALEISOMETRIC OVERALL FLOOR PLANNO SCALENUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 1st FLOOR PLAN0' -0"Top of Wall18' -0"EXTERIOR VEHICLE ACCESSCOMBAT WALL SYSTEMTARGET LINE25-YARD TARGET LINE50-YARD TARGET LINEPROTECTED COLUMN1st FLOOR PLAN0' -0"Top of Wall18' -0"TO ARMORYHAND SINKVESTIBULETO CLEANINGBID ALTERNATE100-YARD RANGEVEST.BASE CONTRACT50-YARD RANGE1A-3A2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:26 AMA-319048SHOOTING RANGECROSS SECTIONSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020LONGITUDINAL CROSS SECTION -50-YARD RANGESCALE 1/8" = 1'-0"CROSS SECTIONSCALE 1/8" = 1'-0"NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 1st FLOOR PLAN0' -0"Top of Wall18' -0"25-YARD TARGET LINE50-YARD TARGET LINE100-YARD TARGET LINETARGET LINE2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:27 AMA-3A19048BID ALTERNATECROSS SECTIONSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020LONGITUDINAL CROSS SECTION -100-YARD RANGE BID ALTERNATESCALE 1/8" = 1'-0"NUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:32 AMA-419048EXTERIOR ISOMETRICPLANSSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020ISOMETIC EXTERIOR PLANNO SCALEISOMETIC EXTERIOR PLANNO SCALENUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2360 Chauvin Drive, Lexington, KY 40517CARROLL INCARCHITECTS ENGINEERS PLANNERSBRANDSTETTERp. 859.268.1933 www.brandstettercarroll.comRevisions:Issue Date:Project No.1/8/2020 9:39:37 AMA-4A19048BID ALTERNATEEXTERIOR ISOMETRICSchematic DesignDenton PoliceShooting Range4111 Vintage Blvd.Denton, Texas 76226© 2020 Brandstetter Carroll Inc. All rights reservedJanuary 9,2020ISOMETIC EXTERIOR PLANNO SCALEISOMETIC EXTERIOR PLANNO SCALENUMBER DATEDESCRIPTIONDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “B” Construction Manager’s Project Schedule See attached preliminary project schedule dated February 4, 2020. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E ActivityODStartFinishCity of Denton Police FacilitiesCity of Denton Police FacilitiesCity of Denton Police FacilitiesCity of Denton Police FacilitiesProject Schedule OverviewProject Schedule OverviewProject Schedule OverviewProject Schedule OverviewHeadquarters Renovation30315-Jan-2122-Mar-22Pollice Department Substation28904-Feb-2122-Mar-22Firing Range24809-Mar-2124-Feb-22Firing Range Substantial Completion027-Jan-22Headquarters Renovation Substantial Completion022-Mar-22Police Department Substation Substantial Completion022-Mar-22PreconstructionPreconstructionPreconstructionPreconstructionCMAR Selection025-Feb-20*100% CD Doc's Issued011-Nov-20*11-Nov-20Byrne Review of Doc's & Bid Packages512-Nov-2018-Nov-20100 CD Doc's & Bid Packages Out to Bid2018-Nov-2017-Dec-20Public Advertisement #01022-Nov-20Pre-Bid Subcontractor Meeting102-Dec-2002-Dec-20Public Advertisement #02006-Dec-20Final RFI's from Subcontractors007-Dec-20Final Addendum010-Dec-20Bid Day117-Dec-2017-Dec-20Byrne Bid Review and Evaluation1018-Dec-2005-Jan-21Team Budget Preparation & Review529-Dec-2005-Jan-21Issue GMP for Approval005-Jan-21GMP Approval by Owner Staff406-Jan-2111-Jan-21City Council Approval012-Jan-21Notice to Proceed014-Jan-21PermittingPermittingPermittingPermittingSubmit 100% CD Doc's for Permitting011-Nov-20City Permit Review2511-Nov-2017-Dec-20Permit Comments Received from City017-Dec-20Design Team Prepare Response to Comments518-Dec-2028-Dec-20City Review of Design Team Responses1029-Dec-2012-Jan-21Building Permit Issued018-Jan-21ProcurementProcurementProcurementProcurementIssue Subcontracts2015-Jan-2111-Feb-21Aluminum | Glass - Prepare Submittals/Shop Drawings3522-Jan-2111-Mar-21Structural Steel - Prepare Submittals/Shop Drawings3522-Jan-2111-Mar-21MEP - Prepare Submittals/Shop Drawings5022-Jan-2101-Apr-21Paint - Prepare Submittals/Shop Drawings1512-Feb-2104-Mar-21Review/Approve Paint Submittals1505-Mar-2125-Mar-21Aluminum | Glass - Submittal Review (CM & Design Team)2012-Mar-2108-Apr-21Structural Steel - Submittal Review (CM & Design Team)2012-Mar-2108-Apr-21MEP - Submittal Review (CM & Design Team)2002-Apr-2129-Apr-21MEP - Fabricate & Deliver3002-Apr-2113-May-21Structural Steel - Fabricate & Deliver2509-Apr-2113-May-21Aluminum | Glass - Fabricate & Deliver3009-Apr-2120-May-21ConstructionConstructionConstructionConstructionMobilizationMobilizationMobilizationMobilizationLicensed Site Survey @ HQ515-Jan-2121-Jan-21Office Trailer - Deliver & Connect Utilities @ HQ521-Jan-2127-Jan-21Locate Existing Utilities @ HQ521-Jan-2127-Jan-21FMarAprMayJunJulAugSepOctNDecJanFMarAprMayJunJulAugSepOctNDecJanFMarAprMJunJulAugSepOct202020212022Headquarters RenovationPollice Department SubstationFiring RangeFiring Range Substantial CompletionHeadquarters Renovation Substantial CompletionPolice Department Substation Substantial CompletionCMAR Selection100% CD Doc's IssuedByrne Review of Doc's & Bid Packages100 CD Doc's & Bid Packages Out to BidPublic Advertisement #01Pre-Bid Subcontractor MeetingPublic Advertisement #02Final RFI's from SubcontractorsFinal AddendumBid DayByrne Bid Review and EvaluationTeam Budget Preparation & ReviewIssue GMP for ApprovalGMP Approval by Owner StaffCity Council ApprovalNotice to ProceedSubmit 100% CD Doc's for PermittingCity Permit ReviewPermit Comments Received from CityDesign Team Prepare Response to CommentsCity Review of Design Team ResponsesBuilding Permit IssuedIssue SubcontractsAluminum | Glass - Prepare Submittals/Shop DrawingsStructural Steel - Prepare Submittals/Shop DrawingsMEP - Prepare Submittals/Shop DrawingsPaint - Prepare Submittals/Shop DrawingsReview/Approve Paint SubmittalsAluminum | Glass - Submittal Review (CM & Design Team)Structural Steel - Submittal Review (CM & Design Team)MEP - Submittal Review (CM & Design Team)MEP - Fabricate & DeliverStructural Steel - Fabricate & DeliverAluminum | Glass - Fabricate & DeliverLicensed Site Survey @ HQOffice Trailer - Deliver & Connect Utilities @ HQLocate Existing Utilities @ HQRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkCriticalMilestoneCity of DentonPolice Facilities Project Start Date: 25-Feb-20 Project Finish Date: 02-May-22 Data Date: 24-Feb-20 Page 1 of 7A133 Owner-CMAR AgreementExhibit B - CMAR's ScheduleDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E ActivityODStartFinishTree Survey | Tree Protection @ HQ522-Jan-2128-Jan-21Install Construction Entrance @ HQ227-Jan-2128-Jan-21Install SWPPP | Erosion Control @ HQ429-Jan-2103-Feb-21PD HQ | RenovationPD HQ | RenovationPD HQ | RenovationPD HQ | RenovationInstall Temporary Partitions @HQ1528-Jan-2117-Feb-21HQ - Selective DemoHQ - Selective DemoHQ - Selective DemoHQ - Selective DemoMake-Safe/Demo @ HQ3018-Feb-2131-Mar-21HQ - Exterior FacadeHQ - Exterior FacadeHQ - Exterior FacadeHQ - Exterior FacadeExterior Facade Renovation @HQ6521-May-2120-Aug-21HQ - FinishesHQ - FinishesHQ - FinishesHQ - FinishesArea 'A'Area 'A'Area 'A'Area 'A'Overhead MEP Rough-In @ Area A3016-Apr-2127-May-21Wall Layout @ Area A1012-May-2125-May-21Frame Walls | One-Side Walls @ Area A2026-May-2123-Jun-21In-Wall MEP Rough-In @ Area A2010-Jun-2107-Jul-21Frame Ceilings @ Area A524-Jun-2130-Jun-21MEP Rough-In at Drywall Ceilings @ Area A501-Jul-2107-Jul-21MEP Inspections at Drywall Ceilings @ Area A307-Jul-2109-Jul-21Close Walls @ Area A1008-Jul-2121-Jul-21Close Ceilings @ Area A512-Jul-2116-Jul-21Tape, Bed, & Prime Paint Walls @ Area A1512-Jul-2130-Jul-21Millwork @ Area A1213-Jul-2128-Jul-21Tape, Bed, & Prime Paint Ceilings @ Area A519-Jul-2123-Jul-21Miscellaneous Specialties @ Area A522-Jul-2128-Jul-21Ceramic | Porcelain Tile at Restrooms @ Area A1026-Jul-2106-Aug-21Install Ceiling Grid @ Area A1526-Jul-2113-Aug-21Toilet Partitions @ Area A403-Aug-2106-Aug-21Toilet Accessories @ Area A505-Aug-2111-Aug-21MEP Wall Trim-Out @ Area A509-Aug-2113-Aug-21Interior Aluminum | Glass Systems @ Area A816-Aug-2125-Aug-21MEP Ceiling Trim-Out | Lighting at Grid @ Area A1216-Aug-2131-Aug-21Overhead MEP Inspections @ Area A501-Sep-2108-Sep-21Install Ceiling Tile @ Area A509-Sep-2115-Sep-21Carpet | Resilient | Tile Flooring @ Area A1509-Sep-2129-Sep-21Doors & Hardware @ Area A723-Sep-2101-Oct-21Final Paint @ Area A801-Oct-2112-Oct-21Area 'D'Area 'D'Area 'D'Area 'D'Overhead MEP Rough-In @ Area D2528-May-2102-Jul-21Wall Layout @ Area D524-Jun-2130-Jun-21Frame Walls | One-Side Walls @ Area D1501-Jul-2121-Jul-21Frame Ceilings @ Area D505-Jul-2109-Jul-21MEP Rough-In at Drywall Ceilings @ Area D512-Jul-2116-Jul-21MEP Inspections at Drywall Ceilings @ Area D316-Jul-2120-Jul-21In-Wall MEP Rough-In @ Area D1522-Jul-2111-Aug-21Close Walls @ Area D1012-Aug-2125-Aug-21Miscellaneous Specialties @ Area D517-Aug-2123-Aug-21Ceramic | Porcelain Tile at Restrooms @ Area D819-Aug-2130-Aug-21Tape, Bed, & Prime Paint Walls @ Area D1519-Aug-2109-Sep-21Tape, Bed, & Prime Paint Ceilings @ Area D526-Aug-2101-Sep-21Close Ceilings @ Area D526-Aug-2101-Sep-21Millwork @ Area D826-Aug-2107-Sep-21FMarAprMayJunJulAugSepOctNDecJanFMarAprMayJunJulAugSepOctNDecJanFMarAprMJunJulAugSepOct202020212022Tree Survey | Tree Protection @ HQInstall Construction Entrance @ HQInstall SWPPP | Erosion Control @ HQInstall Temporary Partitions @HQMake-Safe/Demo @ HQExterior Facade Renovation @HQOverhead MEP Rough-In @ Area AWall Layout @ Area AFrame Walls | One-Side Walls @ Area AIn-Wall MEP Rough-In @ Area AFrame Ceilings @ Area AMEP Rough-In at Drywall Ceilings @ Area AMEP Inspections at Drywall Ceilings @ Area AClose Walls @ Area AClose Ceilings @ Area ATape, Bed, & Prime Paint Walls @ Area AMillwork @ Area ATape, Bed, & Prime Paint Ceilings @ Area AMiscellaneous Specialties @ Area ACeramic | Porcelain Tile at Restrooms @ Area AInstall Ceiling Grid @ Area AToilet Partitions @ Area AToilet Accessories @ Area AMEP Wall Trim-Out @ Area AInterior Aluminum | Glass Systems @ Area AMEP Ceiling Trim-Out | Lighting at Grid @ Area AOverhead MEP Inspections @ Area AInstall Ceiling Tile @ Area ACarpet | Resilient | Tile Flooring @ Area ADoors & Hardware @ Area AFinal Paint @ Area AOverhead MEP Rough-In @ Area DWall Layout @ Area DFrame Walls | One-Side Walls @ Area DFrame Ceilings @ Area DMEP Rough-In at Drywall Ceilings @ Area DMEP Inspections at Drywall Ceilings @ Area DIn-Wall MEP Rough-In @ Area DClose Walls @ Area DMiscellaneous Specialties @ Area DCeramic | Porcelain Tile at Restrooms @ Area DTape, Bed, & Prime Paint Walls @ Area DTape, Bed, & Prime Paint Ceilings @ Area DClose Ceilings @ Area DMillwork @ Area DRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkCriticalMilestoneCity of DentonPolice Facilities Project Start Date: 25-Feb-20 Project Finish Date: 02-May-22 Data Date: 24-Feb-20 Page 2 of 7DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E ActivityODStartFinishToilet Partitions @ Area D403-Sep-2109-Sep-21Toilet Accessories @ Area D508-Sep-2114-Sep-21MEP Wall Trim-Out @ Area D510-Sep-2116-Sep-21Install Ceiling Grid @ Area D1510-Sep-2130-Sep-21Interior Aluminum | Glass Systems @ Area D801-Oct-2112-Oct-21MEP Ceiling Trim-Out | Lighting at Grid @ Area D1201-Oct-2118-Oct-21Carpet | Resilient | Tile Flooring @ Area D1507-Oct-2127-Oct-21Overhead MEP Inspections @ Area D519-Oct-2125-Oct-21Doors & Hardware @ Area D525-Oct-2129-Oct-21Install Ceiling Tile @ Area D526-Oct-2101-Nov-21Final Paint @ Area D829-Oct-2109-Nov-21Area 'E'Area 'E'Area 'E'Area 'E'Overhead MEP Rough-In @ Area E2505-Jul-2106-Aug-21Wall Layout @ Area E529-Jul-2104-Aug-21Frame Walls | One-Side Walls @ Area E1505-Aug-2125-Aug-21Frame Ceilings @ Area E509-Aug-2113-Aug-21MEP Rough-In at Drywall Ceilings @ Area E516-Aug-2120-Aug-21In-Wall MEP Rough-In @ Area E1517-Aug-2107-Sep-21MEP Inspections at Drywall Ceilings @ Area E320-Aug-2124-Aug-21Close Walls @ Area E1008-Sep-2121-Sep-21Tape, Bed, & Prime Paint Walls @ Area E1510-Sep-2130-Sep-21Miscellaneous Specialties @ Area E513-Sep-2117-Sep-21Ceramic | Porcelain Tile at Restrooms @ Area E815-Sep-2124-Sep-21Millwork @ Area E1216-Sep-2101-Oct-21Tape, Bed, & Prime Paint Ceilings @ Area E522-Sep-2128-Sep-21Close Ceilings @ Area E522-Sep-2128-Sep-21Install Ceiling Grid @ Area E1524-Sep-2114-Oct-21Toilet Partitions @ Area E427-Sep-2130-Sep-21Toilet Accessories @ Area E529-Sep-2105-Oct-21MEP Wall Trim-Out @ Area E501-Oct-2107-Oct-21Interior Aluminum | Glass Systems @ Area E815-Oct-2126-Oct-21MEP Ceiling Trim-Out | Lighting at Grid @ Area E1221-Oct-2105-Nov-21Carpet | Resilient | Tile Flooring @ Area E1528-Oct-2117-Nov-21Overhead MEP Inspections @ Area E508-Nov-2112-Nov-21Install Ceiling Tile @ Area E515-Nov-2119-Nov-21Doors & Hardware @ Area E518-Nov-2124-Nov-21Final Paint @ Area E829-Nov-2108-Dec-21Area 'B & C'Area 'B & C'Area 'B & C'Area 'B & C'Overhead MEP Rough-In @ Area B & C3509-Aug-2127-Sep-21Wall Layout @ Area B & C525-Aug-2131-Aug-21Frame Walls | One-Side Walls @ Area B & C2001-Sep-2129-Sep-21In-Wall MEP Rough-In @ Area B & C2016-Sep-2113-Oct-21Frame Ceilings @ Area B & C528-Sep-2104-Oct-21MEP Rough-In at Drywall Ceilings @ Area B & C505-Oct-2111-Oct-21MEP Inspections at Drywall Ceilings @ Area B & C311-Oct-2113-Oct-21Close Walls @ Area B & C514-Oct-2120-Oct-21Miscellaneous Specialties @ Area B & C514-Oct-2120-Oct-21Ceramic | Porcelain Tile at Restrooms @ Area B & C814-Oct-2125-Oct-21Tape, Bed, & Prime Paint Ceilings @ Area B & C521-Oct-2127-Oct-21Close Ceilings @ Area B & C521-Oct-2127-Oct-21Tape, Bed, & Prime Paint Walls @ Area B & C1521-Oct-2110-Nov-21FMarAprMayJunJulAugSepOctNDecJanFMarAprMayJunJulAugSepOctNDecJanFMarAprMJunJulAugSepOct202020212022Toilet Partitions @ Area DToilet Accessories @ Area DMEP Wall Trim-Out @ Area DInstall Ceiling Grid @ Area DInterior Aluminum | Glass Systems @ Area DMEP Ceiling Trim-Out | Lighting at Grid @ Area DCarpet | Resilient | Tile Flooring @ Area DOverhead MEP Inspections @ Area DDoors & Hardware @ Area DInstall Ceiling Tile @ Area DFinal Paint @ Area DOverhead MEP Rough-In @ Area EWall Layout @ Area EFrame Walls | One-Side Walls @ Area EFrame Ceilings @ Area EMEP Rough-In at Drywall Ceilings @ Area EIn-Wall MEP Rough-In @ Area EMEP Inspections at Drywall Ceilings @ Area EClose Walls @ Area ETape, Bed, & Prime Paint Walls @ Area EMiscellaneous Specialties @ Area ECeramic | Porcelain Tile at Restrooms @ Area EMillwork @ Area ETape, Bed, & Prime Paint Ceilings @ Area EClose Ceilings @ Area EInstall Ceiling Grid @ Area EToilet Partitions @ Area EToilet Accessories @ Area EMEP Wall Trim-Out @ Area EInterior Aluminum | Glass Systems @ Area EMEP Ceiling Trim-Out | Lighting at Grid @ Area ECarpet | Resilient | Tile Flooring @ Area EOverhead MEP Inspections @ Area EInstall Ceiling Tile @ Area EDoors & Hardware @ Area EFinal Paint @ Area EOverhead MEP Rough-In @ Area B & CWall Layout @ Area B & CFrame Walls | One-Side Walls @ Area B & CIn-Wall MEP Rough-In @ Area B & CFrame Ceilings @ Area B & CMEP Rough-In at Drywall Ceilings @ Area B & CMEP Inspections at Drywall Ceilings @ Area B & CClose Walls @ Area B & CMiscellaneous Specialties @ Area B & CCeramic | Porcelain Tile at Restrooms @ Area B & CTape, Bed, & Prime Paint Ceilings @ Area B & CClose Ceilings @ Area B & CTape, Bed, & Prime Paint Walls @ Area B & CRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkCriticalMilestoneCity of DentonPolice Facilities Project Start Date: 25-Feb-20 Project Finish Date: 02-May-22 Data Date: 24-Feb-20 Page 3 of 7DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E ActivityODStartFinishMillwork @ Area B & C528-Oct-2103-Nov-21Toilet Partitions @ Area B & C405-Nov-2110-Nov-21Toilet Accessories @ Area B & C509-Nov-2115-Nov-21MEP Wall Trim-Out @ Area B & C511-Nov-2117-Nov-21Install Ceiling Grid @ Area B & C1511-Nov-2103-Dec-21Interior Aluminum | Glass Systems @ Area B & C806-Dec-2115-Dec-21MEP Ceiling Trim-Out | Lighting at Grid @ Area B & C1210-Dec-2128-Dec-21Carpet | Resilient | Tile Flooring @ Area B & C1516-Dec-2106-Jan-22Overhead MEP Inspections @ Area B & C529-Dec-2104-Jan-22Install Ceiling Tile @ Area B & C505-Jan-2211-Jan-22Doors & Hardware @ Area B & C807-Jan-2218-Jan-22Final Paint @ Area B & C819-Jan-2228-Jan-22HQ - Final InspectionsHQ - Final InspectionsHQ - Final InspectionsHQ - Final InspectionsMechanical Final Inspection @ HQ505-Jan-2211-Jan-22Electrical Final Inspection @ HQ505-Jan-2211-Jan-22Plumbing Final Inspection @ HQ505-Jan-2211-Jan-22Fire Alarm | Sprinkler Inspection @ HQ505-Jan-2211-Jan-22Building Final Inspection @ HQ512-Jan-2218-Jan-22HQ - Inspections & Close-OutHQ - Inspections & Close-OutHQ - Inspections & Close-OutHQ - Inspections & Close-OutRemove Temporary Partitions & Patch @ HQ1531-Jan-2218-Feb-22Final Clean @ HQ1521-Feb-2211-Mar-22Byrne Punchlist @ HQ2021-Feb-2218-Mar-22Contractor Weather Float @ HQ2221-Feb-2222-Mar-22Warranties, O&M, & Owner Training @ HQ3021-Feb-2201-Apr-22Project Substantial Completion (TCO) @ HQ022-Mar-22Punchlist & Close-Out @ HQ2023-Mar-2219-Apr-22Owner FF&E @ HQ1906-Apr-2202-May-22Final CO @ HQ019-Apr-22Final Acceptance @ HQ019-Apr-22PD SubstationPD SubstationPD SubstationPD SubstationPD - MobilizationPD - MobilizationPD - MobilizationPD - MobilizationLicensed Site Survey @ PD504-Feb-2110-Feb-21Tree Survey | Tree Protection @ PD512-Feb-2118-Feb-21Install Construction Entrance @ PD217-Feb-2118-Feb-21Locate Existing Utilities @ PD519-Feb-2125-Feb-21Office Trailer - Deliver & Connect Utilities @ PD519-Feb-2125-Feb-21Install SWPPP | Erosion Control @ PD426-Feb-2103-Mar-21PD - SiteworkPD - SiteworkPD - SiteworkPD - SiteworkClear | Grub @ PD Site304-Mar-2108-Mar-21Layout | Control for Earthwork @ PD Site309-Mar-2111-Mar-21Earthwork @ PD Site2512-Mar-2115-Apr-21Site Utilities @ PD Site2016-Apr-2113-May-21Site Paving @ PD Site2014-May-2111-Jun-21Fencing @ PD Site1014-Jun-2125-Jun-21Sidewalks | Hardscape @ PD Site1528-Jun-2116-Jul-21Irrigation @ PD Site2519-Jul-2120-Aug-21Landscaping @ PD Site2023-Aug-2120-Sep-21PD - StructurePD - StructurePD - StructurePD - StructureDrilled Piers @ PD Structure2516-Apr-2120-May-21Grade Beams @ PD Structure3030-Apr-2111-Jun-21Under Slab MEP @ PD Structure1528-May-2118-Jun-21FMarAprMayJunJulAugSepOctNDecJanFMarAprMayJunJulAugSepOctNDecJanFMarAprMJunJulAugSepOct202020212022Millwork @ Area B & CToilet Partitions @ Area B & CToilet Accessories @ Area B & CMEP Wall Trim-Out @ Area B & CInstall Ceiling Grid @ Area B & CInterior Aluminum | Glass Systems @ Area B & CMEP Ceiling Trim-Out | Lighting at Grid @ Area B & CCarpet | Resilient | Tile Flooring @ Area B & COverhead MEP Inspections @ Area B & CInstall Ceiling Tile @ Area B & CDoors & Hardware @ Area B & CFinal Paint @ Area B & CMechanical Final Inspection @ HQElectrical Final Inspection @ HQPlumbing Final Inspection @ HQFire Alarm | Sprinkler Inspection @ HQBuilding Final Inspection @ HQRemove Temporary Partitions & Patch @ HQFinal Clean @ HQByrne Punchlist @ HQContractor Weather Float @ HQWarranties, O&M, & Owner Training @ HQProject Substantial Completion (TCO) @ HQPunchlist & Close-Out @ HQOwner FF&E @ HQFinal CO @ HQFinal Acceptance @ HQLicensed Site Survey @ PDTree Survey | Tree Protection @ PDInstall Construction Entrance @ PDLocate Existing Utilities @ PDOffice Trailer - Deliver & Connect Utilities @ PDInstall SWPPP | Erosion Control @ PDClear | Grub @ PD SiteLayout | Control for Earthwork @ PD SiteEarthwork @ PD SiteSite Utilities @ PD SiteSite Paving @ PD SiteFencing @ PD SiteSidewalks | Hardscape @ PD SiteIrrigation @ PD SiteLandscaping @ PD SiteDrilled Piers @ PD StructureGrade Beams @ PD StructureUnder Slab MEP @ PD StructureRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkCriticalMilestoneCity of DentonPolice Facilities Project Start Date: 25-Feb-20 Project Finish Date: 02-May-22 Data Date: 24-Feb-20 Page 4 of 7DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E ActivityODStartFinishFRP Slab-on-Carton Forms @ PD Structure2007-Jun-2102-Jul-21Steel Erection @ PD Structure4501-Jul-2101-Sep-21PD - Exterior FacadePD - Exterior FacadePD - Exterior FacadePD - Exterior FacadeExterior Framing & Sheathing @ PD EF2519-Aug-2123-Sep-21Masonry @ PD EF6026-Aug-2118-Nov-21Aluminum | Glass Systems @ PD EF2502-Sep-2107-Oct-21Weather Barrier | Rigid Insulation @ PD EF1010-Sep-2123-Sep-21Exterior Facade Dry-In @ PD EF007-Oct-21PD - RoofPD - RoofPD - RoofPD - RoofErect Trusses @ PD Roof1024-Sep-2107-Oct-21Roof Decking & Roof @ PD Roof3008-Oct-2118-Nov-21Gutters & Downspouts @ PD Roof1019-Nov-2106-Dec-21PD - FinishesPD - FinishesPD - FinishesPD - FinishesOverhead MEP Rough-In @ PD Finishes3521-Oct-2110-Dec-21Wall Layout @ PD Finishes528-Oct-2103-Nov-21Frame Walls | One-Side Walls @ PD Finishes1404-Nov-2123-Nov-21In-Wall MEP Rough-In @ PD Finishes1509-Nov-2101-Dec-21Close Walls @ PD Finishes1002-Dec-2115-Dec-21Tape, Bed, & Prime Paint Walls @ PD Finishes1506-Dec-2127-Dec-21Frame Ceilings @ PD Finishes513-Dec-2117-Dec-21Install Ceiling Grid @ PD Finishes1513-Dec-2103-Jan-22MEP Rough-In at Drywall Ceilings @ PD Finishes520-Dec-2127-Dec-21Ceramic | Porcelain Tile at Restrooms @ PD Finishes722-Dec-2131-Dec-21MEP Inspections at Drywall Ceilings @ PD Finishes327-Dec-2129-Dec-21Tape, Bed, & Prime Paint Ceilings @ PD Finishes530-Dec-2105-Jan-22Close Ceilings @ PD Finishes530-Dec-2105-Jan-22Toilet Partitions @ PD Finishes431-Dec-2105-Jan-22Miscellaneous Specialties @ PD Finishes503-Jan-2207-Jan-22Toilet Accessories @ PD Finishes504-Jan-2210-Jan-22Interior Aluminum | Glass Systems @ PD Finishes804-Jan-2213-Jan-22MEP Wall Trim-Out @ PD Finishes506-Jan-2212-Jan-22Millwork @ PD Finishes1206-Jan-2221-Jan-22MEP Ceiling Trim-Out | Lighting at Grid @ PD Finishes1213-Jan-2228-Jan-22Carpet | Resilient | Tile Flooring @ PD Finishes1527-Jan-2216-Feb-22Overhead MEP Inspections @ PD Finishes531-Jan-2204-Feb-22Install Ceiling Tile @ PD Finishes507-Feb-2211-Feb-22Doors & Hardware @ PD Finishes514-Feb-2218-Feb-22Final Paint @ PD Finishes518-Feb-2224-Feb-22PD - Final InspectionsPD - Final InspectionsPD - Final InspectionsPD - Final InspectionsMechanical Final Inspection @ PD507-Feb-2211-Feb-22Electrical Final Inspection @ PD507-Feb-2211-Feb-22Plumbing Final Inspection @ PD507-Feb-2211-Feb-22Fire Alarm | Sprinkler Inspection @ PD507-Feb-2211-Feb-22Building Final Inspection @ PD514-Feb-2218-Feb-22PD - Inspections & Close-OutPD - Inspections & Close-OutPD - Inspections & Close-OutPD - Inspections & Close-OutContractor Weather Float @ PD2221-Feb-2222-Mar-22Byrne Punchlist @ PD2022-Feb-2221-Mar-22Warranties, O&M, & Owner Training @ PD3022-Feb-2204-Apr-22Final Clean @ PD1525-Feb-2217-Mar-22Project Substantial Completion (TCO) @ PD022-Mar-22Punchlist & Close-Out @ PD2023-Mar-2219-Apr-22FMarAprMayJunJulAugSepOctNDecJanFMarAprMayJunJulAugSepOctNDecJanFMarAprMJunJulAugSepOct202020212022FRP Slab-on-Carton Forms @ PD StructureSteel Erection @ PD StructureExterior Framing & Sheathing @ PD EFMasonry @ PD EFAluminum | Glass Systems @ PD EFWeather Barrier | Rigid Insulation @ PD EFExterior Facade Dry-In @ PD EFErect Trusses @ PD RoofRoof Decking & Roof @ PD RoofGutters & Downspouts @ PD RoofOverhead MEP Rough-In @ PD FinishesWall Layout @ PD FinishesFrame Walls | One-Side Walls @ PD FinishesIn-Wall MEP Rough-In @ PD FinishesClose Walls @ PD FinishesTape, Bed, & Prime Paint Walls @ PD FinishesFrame Ceilings @ PD FinishesInstall Ceiling Grid @ PD FinishesMEP Rough-In at Drywall Ceilings @ PD FinishesCeramic | Porcelain Tile at Restrooms @ PD FinishesMEP Inspections at Drywall Ceilings @ PD FinishesTape, Bed, & Prime Paint Ceilings @ PD FinishesClose Ceilings @ PD FinishesToilet Partitions @ PD FinishesMiscellaneous Specialties @ PD FinishesToilet Accessories @ PD FinishesInterior Aluminum | Glass Systems @ PD FinishesMEP Wall Trim-Out @ PD FinishesMillwork @ PD FinishesMEP Ceiling Trim-Out | Lighting at Grid @ PD FinishesCarpet | Resilient | Tile Flooring @ PD FinishesOverhead MEP Inspections @ PD FinishesInstall Ceiling Tile @ PD FinishesDoors & Hardware @ PD FinishesFinal Paint @ PD FinishesMechanical Final Inspection @ PDElectrical Final Inspection @ PDPlumbing Final Inspection @ PDFire Alarm | Sprinkler Inspection @ PDBuilding Final Inspection @ PDContractor Weather Float @ PDByrne Punchlist @ PDWarranties, O&M, & Owner Training @ PDFinal Clean @ PDProject Substantial Completion (TCO) @ PDPunchlist & Close-Out @ PDRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkCriticalMilestoneCity of DentonPolice Facilities Project Start Date: 25-Feb-20 Project Finish Date: 02-May-22 Data Date: 24-Feb-20 Page 5 of 7DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E ActivityODStartFinishOwner FF&E @ PD1906-Apr-2202-May-22Final CO @ PD019-Apr-22Final Acceptance @ PD019-Apr-22Firing RangeFiring RangeFiring RangeFiring RangeFR - SiteworkFR - SiteworkFR - SiteworkFR - SiteworkClear | Grub @ FR Site309-Mar-2111-Mar-21Layout | Control for Earthwork @ FR Site312-Mar-2116-Mar-21Earthwork @ FR Site1017-Mar-2130-Mar-21Site Utilities @ FR Site1031-Mar-2113-Apr-21Site Paving @ FR Site2014-Apr-2111-May-21Fencing @ FR Site1012-May-2125-May-21Sidewalks | Hardscape @ FR Site1526-May-2116-Jun-21Irrigation @ FR Site1017-Jun-2130-Jun-21Landscaping @ FR Site2001-Jul-2128-Jul-21FR - StructureFR - StructureFR - StructureFR - StructureDrilled Piers @ FR Structure1521-May-2111-Jun-21Grade Beams @ FR Structure1528-May-2118-Jun-21Under Slab MEP @ FR Structure1521-Jun-2109-Jul-21FRP Slab-on-Carton Forms @ FR Structure2005-Jul-2130-Jul-21Steel Erection @ FR Structure2002-Aug-2127-Aug-21FR - RoofFR - RoofFR - RoofFR - RoofSet Equipment Curbs @ FR Roof314-Sep-2116-Sep-21Set Rooftop Equipment @ FR Roof217-Sep-2120-Sep-21TPO Roofing @ FR Roof517-Sep-2123-Sep-21MEP Connections to Equipment @ FR Roof1521-Sep-2111-Oct-21Roof Dry-In @ FR Roof023-Sep-21RTU Start-Up @ FR Roof326-Oct-2128-Oct-21Conditioned Air @ FR Roof028-Oct-21FR - Exterior FacadeFR - Exterior FacadeFR - Exterior FacadeFR - Exterior FacadeMasonry @ PD EF3016-Aug-2127-Sep-21Aluminum | Glass Systems @ PD EF1023-Aug-2103-Sep-21Exterior Framing & Sheathing @ PD EF1030-Aug-2113-Sep-21Weather Barrier | Rigid Insulation @ PD EF1030-Aug-2113-Sep-21Exterior Facade Dry-In @ PD EF003-Sep-21FR - FinishesFR - FinishesFR - FinishesFR - FinishesOverhead MEP Rough-In @ FR1024-Sep-2107-Oct-21Wall Layout @ FR501-Oct-2107-Oct-21Frame Ceilings @ FR508-Oct-2114-Oct-21Frame Walls | One-Side Walls @ FR808-Oct-2119-Oct-21Miscellaneous Specialties @ FR512-Oct-2118-Oct-21In-Wall MEP Rough-In @ FR813-Oct-2122-Oct-21Ceramic | Porcelain Tile at Restrooms @ FR714-Oct-2122-Oct-21MEP Rough-In at Drywall Ceilings @ FR515-Oct-2121-Oct-21MEP Inspections at Drywall Ceilings @ FR321-Oct-2125-Oct-21Tape, Bed, & Prime Paint Ceilings @ FR521-Oct-2127-Oct-21Close Walls @ FR525-Oct-2129-Oct-21Close Ceilings @ FR526-Oct-2101-Nov-21Millwork @ FR526-Oct-2101-Nov-21Tape, Bed, & Prime Paint Walls @ FR1527-Oct-2116-Nov-21Install Ceiling Grid @ FR503-Nov-2109-Nov-21Interior Aluminum | Glass Systems @ FR810-Nov-2119-Nov-21FMarAprMayJunJulAugSepOctNDecJanFMarAprMayJunJulAugSepOctNDecJanFMarAprMJunJulAugSepOct202020212022Owner FF&E @ PDFinal CO @ PDFinal Acceptance @ PDClear | Grub @ FR SiteLayout | Control for Earthwork @ FR SiteEarthwork @ FR SiteSite Utilities @ FR SiteSite Paving @ FR SiteFencing @ FR SiteSidewalks | Hardscape @ FR SiteIrrigation @ FR SiteLandscaping @ FR SiteDrilled Piers @ FR StructureGrade Beams @ FR StructureUnder Slab MEP @ FR StructureFRP Slab-on-Carton Forms @ FR StructureSteel Erection @ FR StructureSet Equipment Curbs @ FR RoofSet Rooftop Equipment @ FR RoofTPO Roofing @ FR RoofMEP Connections to Equipment @ FR RoofRoof Dry-In @ FR RoofRTU Start-Up @ FR RoofConditioned Air @ FR RoofMasonry @ PD EFAluminum | Glass Systems @ PD EFExterior Framing & Sheathing @ PD EFWeather Barrier | Rigid Insulation @ PD EFExterior Facade Dry-In @ PD EFOverhead MEP Rough-In @ FRWall Layout @ FRFrame Ceilings @ FRFrame Walls | One-Side Walls @ FRMiscellaneous Specialties @ FRIn-Wall MEP Rough-In @ FRCeramic | Porcelain Tile at Restrooms @ FRMEP Rough-In at Drywall Ceilings @ FRMEP Inspections at Drywall Ceilings @ FRTape, Bed, & Prime Paint Ceilings @ FRClose Walls @ FRClose Ceilings @ FRMillwork @ FRTape, Bed, & Prime Paint Walls @ FRInstall Ceiling Grid @ FRInterior Aluminum | Glass Systems @ FRRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkCriticalMilestoneCity of DentonPolice Facilities Project Start Date: 25-Feb-20 Project Finish Date: 02-May-22 Data Date: 24-Feb-20 Page 6 of 7DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E ActivityODStartFinishToilet Partitions @ FR411-Nov-2116-Nov-21Toilet Accessories @ FR515-Nov-2119-Nov-21Carpet | Resilient | Tile Flooring @ FR1015-Nov-2130-Nov-21MEP Wall Trim-Out @ FR517-Nov-2123-Nov-21MEP Ceiling Trim-Out | Lighting at Grid @ FR518-Nov-2124-Nov-21Doors & Hardware @ FR524-Nov-2102-Dec-21Overhead MEP Inspections @ FR529-Nov-2103-Dec-21Final Paint @ FR802-Dec-2113-Dec-21Install Ceiling Tile @ FR506-Dec-2110-Dec-21FR - RangeFR - RangeFR - RangeFR - RangeCMU Walls @ FR530-Aug-2103-Sep-21Clerestory Ceiling Framing & Sheetrock @ FR1030-Aug-2113-Sep-21MEP In-Wall Rough-In @ CMU Walls @ FR507-Sep-2113-Sep-21Acoustic Insulation @ FR814-Sep-2123-Sep-21Overhead MEP @ FR1508-Oct-2128-Oct-21Frame Stud Walls/Ceilings & One-Side Sheetrock @ FR529-Oct-2104-Nov-21MEP Rough-In at Stud Walls/Ceilings @ FR503-Nov-2109-Nov-21Tape, Bed, & Prime Paint @ FR610-Nov-2117-Nov-21Install Baffles & Range Equipment @ FR2010-Nov-2109-Dec-21Millwork @ FR223-Nov-2124-Nov-21Install Ceiling Grid @ FR323-Nov-2129-Nov-21MEP Trim-Out @ FR1030-Nov-2113-Dec-21Sound Panels @ FR510-Dec-2116-Dec-21Flooring Finishes @ FR514-Dec-2120-Dec-21Doors & Hardware @ FR217-Dec-2120-Dec-21Ceiling Tile @ FR321-Dec-2123-Dec-21Commission Range Equipment @ FR1021-Dec-2104-Jan-22FR - Final InspectionsFR - Final InspectionsFR - Final InspectionsFR - Final InspectionsMechanical Final Inspection @ FR514-Dec-2120-Dec-21Electrical Final Inspection @ FR514-Dec-2120-Dec-21Plumbing Final Inspection @ FR514-Dec-2120-Dec-21Fire Alarm | Sprinkler Inspection @ FR514-Dec-2120-Dec-21Building Final Inspection @ FR521-Dec-2128-Dec-21FR - Inspections & Close-OutFR - Inspections & Close-OutFR - Inspections & Close-OutFR - Inspections & Close-OutByrne Punchlist @ FR2030-Nov-2128-Dec-21Final Clean @ FR1507-Dec-2128-Dec-21Warranties, O&M, & Owner Training @ FR3021-Dec-2101-Feb-22Conctractor Weather Float @ FR2229-Dec-2127-Jan-22Project Substantial Completion (TCO) @ FR027-Jan-22Punchlist & Close-Out @ FR2028-Jan-2224-Feb-22Owner FF&E @ FR1911-Feb-2209-Mar-22Final CO @ FR024-Feb-22Final Acceptance @ FR024-Feb-22FMarAprMayJunJulAugSepOctNDecJanFMarAprMayJunJulAugSepOctNDecJanFMarAprMJunJulAugSepOct202020212022Toilet Partitions @ FRToilet Accessories @ FRCarpet | Resilient | Tile Flooring @ FRMEP Wall Trim-Out @ FRMEP Ceiling Trim-Out | Lighting at Grid @ FRDoors & Hardware @ FROverhead MEP Inspections @ FRFinal Paint @ FRInstall Ceiling Tile @ FRCMU Walls @ FRClerestory Ceiling Framing & Sheetrock @ FRMEP In-Wall Rough-In @ CMU Walls @ FRAcoustic Insulation @ FROverhead MEP @ FRFrame Stud Walls/Ceilings & One-Side Sheetrock @ FRMEP Rough-In at Stud Walls/Ceilings @ FRTape, Bed, & Prime Paint @ FRInstall Baffles & Range Equipment @ FRMillwork @ FRInstall Ceiling Grid @ FRMEP Trim-Out @ FRSound Panels @ FRFlooring Finishes @ FRDoors & Hardware @ FRCeiling Tile @ FRCommission Range Equipment @ FRMechanical Final Inspection @ FRElectrical Final Inspection @ FRPlumbing Final Inspection @ FRFire Alarm | Sprinkler Inspection @ FRBuilding Final Inspection @ FRByrne Punchlist @ FRFinal Clean @ FRWarranties, O&M, & Owner Training @ FRConctractor Weather Float @ FRProject Substantial Completion (TCO) @ FRPunchlist & Close-Out @ FROwner FF&E @ FRFinal CO @ FRFinal Acceptance @ FRRemaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkCriticalMilestoneCity of DentonPolice Facilities Project Start Date: 25-Feb-20 Project Finish Date: 02-May-22 Data Date: 24-Feb-20 Page 7 of 7DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “C” Construction Manager’s Soft Cost and Fees See attached Fee Proposal, General Conditions Proposal, and Cost Proposal Detail dated February 4, 2020. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E City of Denton's Public Safety Bond Projects Fee & Cost Proposal Summary Original 04 FEB Submittal New 18 FEB 2020 New 18 FEB 2020 New 18 FEB 2020 Budget: $50M Budget: 35M Budget: $40M Budget: $45M Item #PD HQ + Substation + Firing Range Total Cost 1.000 CMAR's Fee Summary 1.A Construction Team's Preconstruction Fee 45,000$ 45,000$ 45,000$ 45,000$ 1.B Construction Team's Construction Fee 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1.000 CMAR's Total Fee Proposal 1,045,000$ 1,045,000$ 1,045,000$ 1,045,000$ 2.000 CMAR's Cost Proposal Summary 2.A Insurance 878,933$ 620,174$ 706,427$ 792,680$ 2.B Onsite Staff 1,332,528$ 1,332,528$ 1,332,528$ 1,332,528$ 2.C Onsite Reimbursable Expenses 639,450$ 599,400$ 607,050$ 614,700$ 2.000 CMAR's Total Cost Proposal 2,850,911$ 2,552,102$ 2,646,005$ 2,739,908$ 3,895,911$ 3,597,102$ 3,691,005$ 3,784,908$ CMAR's FEE + COST PROPOSAL Denton CMAR Public Safety Bond Projects - 2020.02.18 Page 1 of 6 © 2020 All Rights Reserved by Peak Ptrogram Value, LLC A133 Owner-CMAR Agreement Exhibit C - CMAR's Soft Costs & Fee DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E City of Denton's Public Safety Bond Projects Fee Proposal Detail Item #Description Quantity Unit Unit Cost Total Cost Percentage Lump Sum Percentage Lump Sum Percentage Lump Sum 1.000 PD HQ + Substation + Firing Range - CMAR's Fee Budget: 50,000,000$ Budget: 35,000,000$ Budget: 40,000,000$ Budget: 45,000,000$ 1.A CMAR's Preconstruction Fee 1.A.1 Construction Cost Estimating & Value Analysis\VE 1 LS 45,000$ 45,000$ -$ 45,000$ -$ 45,000$ -$ 45,000$ 1.A.2 Scheduling, Phasing & Logistics Planning LS Included Included Included Included Included Included Included Included 1.A.3 Constructability Reviews LS Included Included Included Included Included Included Included Included 1.A.4 Subcontractor Procurement & Scope Validation LS Included Included Included Included Included Included Included Included 1.A.5 Meetings, Conference Calls\Video & Travel Time LS Included Included Included Included Included Included Included Included 1.A.6 Other Preonstruction Services LS Included Included Included Included Included Included Included Included 1.A 45,000$ 45,000$ 45,000$ 45,000$ 1.B CMAR's Construction Fee 1.B.1 Home Office Overhead 1 LS 2.00%1,000,000$ 2.86%1,000,000$ 2.50%1,000,000$ 2.22%1,000,000$ 1.B.2 Home Office Profit LS Included Included Included Included Included Included Included Included 1.B.3 Other Construction Fees LS N/A N/A N/A N/A N/A N/A N/A N/A 1.B 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1.A + 1.B 1,045,000$ 1,045,000$ 1,045,000$ 1,045,000$ Percentage of Cost Proposed for CMAR's Fee on Change Orders 2.25%3.11%2.75%2.47% CMAR's Construction Fee- Subtotal CMAR's Total Fee New 18 FEB 2020Original 04 FEB Submittal New 18 FEB 2020 New 18 FEB 2020 CMAR's Preconstruction Fee- Subtotal Denton CMAR Public Safety Bond Projects - 2020.02.18 Page 2 of 6 © 2020 All Rights Reserved by Peak Ptrogram Value, LLC DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E City of Denton's Public Safety Bond Projects Cost Proposal Detail Item #Description Quantity Unit Unit Cost Total Cost Budget: 35M Budget: $40M Budget: $45M 2.000 CMAR's Proposal of Costs to Be Reimbursed (Not to Exceed) - All 3 Projects 2.A Insurance 2.001 Performance & Payment Bonds 1 LS 349,593$ 349,593$ 249,636$ 282,955$ 316,274$ 2.002 Maintenance Bond LS Included Included Included Included Included 2.003 Builder's Risk Insurance 1 LS 65,340$ 65,340$ 45,738$ 52,272$ 58,806$ 2.004 General Liability Insurance 1 LS 148,500$ 148,500$ 103,950$ 118,800$ 133,650$ 2.005 Professional Liability Insurance 1 LS 75,000$ 75,000$ 52,500$ 60,000$ 67,500$ 2.006 Pollution Liability Insurance LS Included Included Included Included Included 2.007 Excess\Umbrella Liability Insurance 1 LS 240,500$ 240,500$ 168,350$ 192,400$ 216,450$ 2.008 Other Insurance Requirements N/A LS N/A N/A N/A N/A N/A 2.A 878,933$ 620,174$ 706,427$ 792,680$ 1.76%1.77%1.77%1.76% 2.B CMAR's Onsite Staff 2.009 Project Manager 16.56 MO 14,200$ 235,152$ 235,152$ 235,152$ 235,152$ 2.010 Project Superintendent 16.56 MO 14,792$ 244,950$ 244,950$ 244,950$ 244,950$ 2.010 Superintendent 16.56 MO 13,017$ 215,556$ 215,556$ 215,556$ 215,556$ 2.011 Assistant Superintendent 16.56 MO 9,467$ 156,768$ 156,768$ 156,768$ 156,768$ 2.011 Project Coordinator 16.56 MO 7,692$ 127,374$ 127,374$ 127,374$ 127,374$ 2.012 Mechanical/Electrical Coordinator N/A MO N/A N/A N/A N/A N/A 2.013 Working Foreman (Safety Coordinator at 20%)16.56 MO 2,012$ 33,313$ 33,313$ 33,313$ 33,313$ 2.014 Assistant Project Manager 16.56 MO 11,833$ 195,960$ 195,960$ 195,960$ 195,960$ 2.015 Office Engineer N/A MO N/A N/A N/A N/A N/A 2.016 Field Engineer N/A MO N/A N/A N/A N/A N/A 2.017 Field Estimator N/A MO N/A N/A N/A N/A N/A 2.018 General Laborer N/A MO N/A N/A N/A N/A N/A 2.019 Timekeeper N/A MO N/A N/A N/A N/A N/A 2.020 Field Office Manager N/A MO N/A N/A N/A N/A N/A 2.021 Warehouse Manager N/A MO N/A N/A N/A N/A N/A 2.022 Field Secretary (Accountant at 50%)16.56 MO 3,550$ 58,788$ 58,788$ 58,788$ 58,788$ 2.023 Other On-site Contractor Staff (CM at 25%)16.56 MO 3,905$ 64,667$ 64,667$ 64,667$ 64,667$ 2.B 1,332,528 1,332,528 1,332,528 1,332,528 Note: All bonds & insurance should assume a CMAR's total contract amount for all 3 projects of $ 50,000,000. CMAR's Estimated Cost of Insurance - Subtotal Percentage of Cost Proposed for CMAR's Insurances on Change Orders CMAR's Estimated Cost of Onsite Staff - Subtotal New 18 FEB 2020 New 18 FEB 2020 New 18 FEB 2020Budget: $50M Original 04 FEB Submittal Denton CMAR Public Safety Bond Projects - 2020.02.18 Page 3 of 6 © 2020 All Rights Reserved by Peak Ptrogram Value, LLC DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E City of Denton's Public Safety Bond Projects Cost Proposal Detail Item #Description Quantity Unit Unit Cost Total Cost Budget: 35M Budget: $40M Budget: $45M 2.C CMAR's Onsite Reimbursable Expenses Mobilization 2.024 Field Engineering Equipment 8.00 MO 1,000$ 8,000$ 8,000$ 8,000$ 8,000$ 2.025 Site Survey 2.50 LS 5,500$ 13,750$ 13,750$ 13,750$ 13,750$ 2.026 Layout Within Site LS By Sub By Sub By Sub By Sub By Sub 2.027 Office Trailer 14.52 MO 2,802$ 40,681$ 40,681$ 40,681$ 40,681$ 2.028 Office Supplies & Equipment 14.52 MO 2,445$ 35,506$ 35,506$ 35,506$ 35,506$ 2.029 Storage Trailer MO By Sub By Sub By Sub By Sub By Sub 2.030 Warehouse MO N/A N/A N/A N/A N/A 2.031 Set Up Onsite Office 1 LS 15,500$ 15,500$ 15,500$ 15,500$ 15,500$ 2.032 Set Up Onsite Storage\Laydown Areas LS By Sub By Sub By Sub By Sub By Sub 2.033 Set Up Onsite Parking Area(s)LS By Sub By Sub By Sub By Sub By Sub 2.034 Temporary Roadways LS By Sub By Sub By Sub By Sub By Sub 2.035 Temporary Fencing 4920 LF 6$ 29,520$ 29,520$ 29,520$ 29,520$ 2.036 Temporary Toilets 14.52 MO 2,480$ 36,010$ 36,010$ 36,010$ 36,010$ 2.037 Project Sign 2 EA 1,500$ 3,000$ 3,000$ 3,000$ 3,000$ Safety 2.038 Safety Equipment 14.52 LS 950$ 13,794$ 13,794$ 13,794$ 13,794$ 2.039 First Aid Supplies 3 Ea 350$ 1,050$ 1,050$ 1,050$ 1,050$ 2.040 Fire Protection LS By Sub By Sub By Sub By Sub By Sub 2.041 Fire Extinguishers 29 EA 125$ 3,625$ 3,625$ 3,625$ 3,625$ 2.042 Fall Protection LS By Sub By Sub By Sub By Sub By Sub 2.043 Third Party Safety Inspections MO N/A N/A N/A N/A N/A 2.044 Temporary Walkways LS N/A N/A N/A N/A N/A 2.045 Barricades LS By Sub By Sub By Sub By Sub By Sub 2.046 Traffic Control LS By Sub By Sub By Sub By Sub By Sub 2.047 Security\Watchman Services MO By Sub By Sub By Sub By Sub By Sub Utilities 2.048 Install Temporary Electric Service at Site Office LS By Sub By Sub By Sub By Sub By Sub 2.049 Install Temporary Teledata Service at Site Office LS By Sub By Sub By Sub By Sub By Sub 2.050 Install Temporary Water & Sewer Service at Site LS By Sub By Sub By Sub By Sub By Sub 2.051 Install Temporary Gas Service at Site LS By Owner By Owner By Owner By Owner By Owner 2.052 Ongoing Electric Charges for the Site Office 14.52 MO 450$ 6,534$ 6,534$ 6,534$ 6,534$ 2.053 Ongoing Teledata Charges for the Site Office 14.52 MO 675$ 9,801$ 9,801$ 9,801$ 9,801$ 2.054 Ongoing Water & Sanitary District Charges MO By Owner By Owner By Owner By Owner By Owner 2.055 Ongoing Gas Utility Charges (exluding Temp Heat)MO By Owner By Owner By Owner By Owner By Owner Denton CMAR Public Safety Bond Projects - 2020.02.18 Page 4 of 6 © 2020 All Rights Reserved by Peak Ptrogram Value, LLC DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E City of Denton's Public Safety Bond Projects Cost Proposal Detail Item #Description Quantity Unit Unit Cost Total Cost Budget: 35M Budget: $40M Budget: $45M Ongoing Expenses 2.056 Jobsite Cell Phone(s) for Site Staff 16.56 MO 1,015$ 16,808$ 16,808$ 16,808$ 16,808$ 2.057 Project Schedule Setup & Maintenance 1 LS 3,600$ 3,600$ N/A N/A N/A 2.058 BIM Model Setup & Maintenance 2 LS 15,000$ 30,000$ 30,000$ 30,000$ 30,000$ 2.059 Project Extranet Setup & Maintenance 1 LS 90,000$ 90,000$ 53,550$ 61,200$ 68,850$ 2.060 Project Photo Documentation 14.52 Mo 250$ 3,630$ 3,630$ 3,630$ 3,630$ 2.061 Video\Webcam Documentation MO N/A N/A N/A N/A N/A 2.062 Employee Parking MO By Sub By Sub By Sub By Sub By Sub 2.063 Home Office Travel Costs LS N/A N/A N/A N/A N/A 2.064 Moving & Subsistence LS N/A N/A N/A N/A N/A 2.065 Additional Plans & Specs during Construction 2 LS 3,000$ 6,000$ 6,000$ 6,000$ 6,000$ 2.066 Shipping, Couriers, & Postage 14.52 MO 100$ 1,452$ 1,452$ 1,452$ 1,452$ 2.067 Project-specific Delivery & Hauling to\from Site LS N/A N/A N/A N/A N/A 2.068 Temporary Radios LS N/A N/A N/A N/A N/A 2.069 Temporary Wiring & Lights MO By Sub By Sub By Sub By Sub By Sub 2.070 Water, Ice & Cups 14.52 MO 200$ 2,904$ 2,904$ 2,904$ 2,904$ 2.071 Ladders & Stairs LS By Sub By Sub By Sub By Sub By Sub 2.072 Erosion Control LS By Sub By Sub By Sub By Sub By Sub 2.073 Shoring LS By Sub By Sub By Sub By Sub By Sub 2.074 Weekly Clean-up 14.52 WK 3,600$ 52,272$ 52,272$ 52,272$ 52,272$ 2.075 Final Clean-up 1 LS 31,000$ 31,000$ 31,000$ 31,000$ 31,000$ 2.076 Dumpster Rental 14.52 MO 504$ 7,318$ 7,318$ 7,318$ 7,318$ 2.077 Dumpster Pulls 152.46 EA 395$ 60,222$ 60,222$ 60,222$ 60,222$ 2.078 Temporary Generator MO N/A N/A N/A N/A N/A 2.079 Misc. Power Equipment LS N/A N/A N/A N/A N/A 2.080 Equipment Repairs & Maintenance LS N/A N/A N/A N/A N/A 2.081 Temporary Partitions SF By Sub By Sub By Sub By Sub By Sub 2.082 Pick-Up Rental 16.56 MO 1,907$ 31,574$ 31,574$ 31,574$ 31,574$ 2.083 Automobile Rental 16.56 MO 1,382$ 22,891$ 22,891$ 22,891$ 22,891$ 2.084 Pick-Up Fuel & Maintenance 16.56 MO 1,150$ 19,044$ 19,044$ 19,044$ 19,044$ 2.085 Automobile Fuel & Maintenance 16.56 MO 1,734$ 28,718$ 28,718$ 28,718$ 28,718$ 2.086 Water Truck MO By Sub By Sub By Sub By Sub By Sub Denton CMAR Public Safety Bond Projects - 2020.02.18 Page 5 of 6 © 2020 All Rights Reserved by Peak Ptrogram Value, LLC DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E City of Denton's Public Safety Bond Projects Cost Proposal Detail Item #Description Quantity Unit Unit Cost Total Cost Budget: 35M Budget: $40M Budget: $45M Hoisting & Material Management 2.087 Forklift Rental LS By Sub By Sub By Sub By Sub By Sub 2.088 Tower Crane Rental/Mobilization/Demobilization LS N/A N/A N/A N/A N/A 2.089 Hydro-Crane Rental WK N/A N/A N/A N/A N/A 2.090 Other Crane Costs LS N/A N/A N/A N/A N/A 2.091 Material Hoist WK By Sub By Sub By Sub By Sub By Sub 2.092 Personnel Hoist LS N/A N/A N/A N/A N/A 2.093 Erect Hoists LS N/A N/A N/A N/A N/A 2.094 Hoist Landings LS N/A N/A N/A N/A N/A 2.095 Temporary Hoist Operation MO N/A N/A N/A N/A N/A 2.096 Hoisting for Subs LS By Sub By Sub By Sub By Sub By Sub 2.097 Scaffolding LS By Sub By Sub By Sub By Sub By Sub 2.098 Other Hoisting & Materials Management Costs LS N/A N/A N/A N/A N/A Temporary Protection of the Work 2.099 Temporary Site Protection not w/Erosion Control LS By Sub By Sub By Sub By Sub By Sub 2.100 Temporary Building Protection WK By Sub By Sub By Sub By Sub By Sub 2.101 Temporary Building Heat not w/Gas Charges WK By Sub By Sub By Sub By Sub By Sub 2.102 Dewatering System & Other Water Removal LS By Sub By Sub By Sub By Sub By Sub 2.103 Snow Removal LS N/A N/A N/A N/A N/A 2.104 Other Protection of Work Items WK By Sub By Sub By Sub By Sub By Sub Testing 2.105 Soil Testing LS By Owner By Owner By Owner By Owner 2.106 Concrete Testing LS By Owner By Owner By Owner By Owner 2.107 Masonry Testing LS By Owner By Owner By Owner By Owner 2.108 Weld Testing LS By Owner By Owner By Owner By Owner 2.109 Other Materials Testing LS By Owner By Owner By Owner By Owner Permits & Fees 2.110 Building Permit LS By Owner By Owner By Owner By Owner 2.111 Plan Check Fee LS By Owner By Owner By Owner By Owner 2.112 Water Tap Fees LS By Owner By Owner By Owner By Owner 2.113 Sewer Tap Fees LS By Owner By Owner By Owner By Owner 2.114 Sanitary Tap Fees LS By Owner By Owner By Owner By Owner 2.115 Elevator Permit & Inspections LS By Sub By Sub By Sub By Sub By Sub 2.116 Mechanical & Electrical Permits & Inspections LS By Owner By Owner By Owner By Owner By Owner 2.117 Health Department Permits & Inspections LS By Owner By Owner By Owner By Owner By Owner 2.118 Other Government Fees\Permits Required for FCO LS By Owner By Owner By Owner By Owner By Owner Other CMAR Onsite Reimbursable Costs 2.119 Other CMAR's Onsite Costs Needed for the Work 14.52 MO 1,050.00 15,246$ 15,246$ 15,246$ 15,246$ 2.C 639,450$ 599,400$ 607,050$ 614,700$ 2.000 2,850,911$ 2,552,102$ 2,646,005$ 2,739,908$ CMAR's Total Proposed Costs to Be Reimbursed CMAR's Estimated Onsite Reimbursable Expenses - Subtotal Denton CMAR Public Safety Bond Projects - 2020.02.18 Page 6 of 6 © 2020 All Rights Reserved by Peak Ptrogram Value, LLC DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “D” Key Personnel See attached Time Commitments and Availability DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E EXCELLENCE QUALITY SERVICE Key Personnel D Jason Moore Construction Manager David Ziebarth LEED AP Senior Project Manager Mike Murphy Superintendent Martin Lehman Principal-in-Charge Executive Management Lee Howell LEED AP Chief Estimator Justin Burt LEED AP Senior Estimator Paul Austin Assistant Superintendent Carla Kolber Assistant Project Manager CMAR's Onsite Staff for Construction Hours per Week Construction Manager Jason Moore 10 Senior Project Manager David Ziebarth 40 Assistant Project Manager Carla Kolber 40 Project Coordinator TBD 40 Senior Superintendent Mike Murphy 40 Superintendent Paul Austin 40 Assistant Superintendent TBD 40 Safety Coordinator Juan Lopez 8 Field Secretary TBD 20 Chief Estimator Lee Howell Available as Necessary Senior Estimator Justin Burt Available as Necessary A133 Owner-CMAR Agreement Exhibit D - Key Personnel DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “E” Confidentiality of Project Project Confidentiality provisions will be required by the Owner, and such provisions will be mutually agreed upon by the Owner and Construction Manager and incorporated herein as Exhibit E. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “F” Customary and Usual Labor Rates Requirements for labor rates on the Project, if any, will be provided by the Owner and incorporated into Exhibit F when the Guaranteed Maximum Price Proposal is submitted and approved. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “G” Rental Rates Requirements for rental rates on the Project, if any, will be provided by the Owner and incorporated into Exhibit G when the Guaranteed Maximum Price Proposal is submitted and approved. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “H” Alternates with Costs and Expiration Dates A preliminary list of Alternates is provided in the Cost Estimate Summary Sheet dated February 4, 2020, which is attached and incorporated herein as Exhibit L – Control Estimate # 01. The list of Alternates will be updated periodically in accordance with the preconstruction deliverables defined herein. Exhibit H will be updated accordingly with the final Alternates being based on the 100% Construction Documents and incorporated into Exhibit H when the Guaranteed Maximum Price Proposal is submitted and approved. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “I” Unit Costs Unit Costs, if any, will be defined, approved, and included in the Guaranteed Maximum Price Proposal. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “J” Allowances Allowances, if any, will be defined, approved, and included in the Guaranteed Maximum Price Proposal. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “K” Schedule of Values The Schedule of Values will be defined, approved, and included in the Guaranteed Maximum Price Proposal. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “L” Control Estimate # 01 See the attached Cost Estimate Summary, Qualifications and Clarifications, and Detail Summary dated February 4, 2020. Construction Manager’s Control Estimate will be updated periodically in accordance with the preconstruction deliverables defined herein. Exhibit L will be updated accordingly with the final Control Estimate being based on the 100% Construction Documents and incorporated into Exhibit L when the Guaranteed Maximum Price Proposal is submitted and approved. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Cost Summary1 A133 Owner-CMAR Agreement Exhibit L - Control Estimate # 01 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Area SqFt: 51,885 Area SqFt: 27,125 Area SqFt: 17,459 Overall Area SqFt 96,469 Bid Package # Headquarters Renovation Cost/SF Substation New Cost/SF New Firing Range (50 Yard Tactical)Cost/SF TOTAL OVERALL PROJECT Cost/SF Notes 51,885 sqft 27,125 sqft 17,459 sqft 96,469 sqft -$ -$ -$ -$ -$ 010000 General Conditions 548,824$ 10.58$ 615,795$ 22.70$ 418,795$ 23.99$ 1,583,415$ 16.41$ 010010 General Requirements 134,680$ 2.60$ 151,115$ 5.57$ 102,771$ 5.89$ 388,566$ 4.03$ 010020 Temporary Construction 151,721$ 2.92$ 170,235$ 6.28$ 115,775$ 6.63$ 437,730$ 4.54$ 024000 Demolition 320,000$ 6.17$ N/A -$ N/A -$ 320,000$ 3.32$ 033000 Concrete 355,528$ 6.85$ 1,654,830$ 61.01$ 707,006$ 40.50$ 2,717,364$ 28.17$ 042000 Masonry 119,991$ 2.31$ 447,719$ 16.51$ 286,387$ 16.40$ 854,097$ 8.85$ 051000 Structural & Miscellaneous Steel 101,175$ 1.95$ 597,750$ 22.04$ 383,250$ 21.95$ 1,082,175$ 11.22$ 061000 Rough Carpentry 62,557$ 1.21$ 34,038$ 1.25$ 18,498$ 1.06$ 115,093$ 1.19$ 064000 Architectural Woodwork 438,350$ 8.45$ 147,830$ 5.45$ 50,375$ 2.89$ 636,555$ 6.60$ 071000 Waterproofing, Rigid Insul & Sealants 31,265$ 0.60$ 176,708$ 6.51$ 92,988$ 5.33$ 300,961$ 3.12$ 073000 Roofing & Flashing Systems 24,534$ 0.47$ 320,241$ 11.81$ 172,854$ 9.90$ 517,629$ 5.37$ 074000 Metal Wall Panels N/A -$ 107,760$ 3.97$ N/A -$ 107,760$ 1.12$ 081000 Doors, Doorframes, Hardware 507,350$ 9.78$ 211,650$ 7.80$ 47,300$ 2.71$ 766,300$ 7.94$ 083000 Overhead Doors 79,500$ 1.53$ 24,000$ 0.88$ 13,000$ 0.74$ 116,500$ 1.21$ 084000 Glass & Glazing Systems 29,885$ 0.58$ 172,110$ 6.35$ 22,855$ 1.31$ 224,850$ 2.33$ 092100 Drywall & Acoustical Systems 1,355,458$ 26.12$ 804,849$ 29.67$ 127,215$ 7.29$ 2,287,522$ 23.71$ 093000 Tile 226,092$ 4.36$ 154,506$ 5.70$ 30,072$ 1.72$ 410,670$ 4.26$ 096500 Carpet and Resilient Flooring 211,165$ 4.07$ 94,882$ 3.50$ 2,454$ 0.14$ 308,501$ 3.20$ 096723 Polished & Sealed Concrete Floor 121,888$ 2.35$ 33,400$ 1.23$ 102,482$ 5.87$ 257,770$ 2.67$ 099000 Paint & Wall Coverings 334,766$ 6.45$ 150,078$ 5.53$ 89,445$ 5.12$ 574,289$ 5.95$ 100000 Misc. Specialty Items 61,915$ 1.19$ 50,330$ 1.86$ 15,595$ 0.89$ 127,840$ 1.33$ 104000 Signage & Graphics 37,975$ 0.73$ 57,925$ 2.14$ 11,000$ 0.63$ 106,900$ 1.11$ 102600 Canopies & Alum Covered Parking Structures 48,858$ 0.94$ 171,523$ 6.32$ N/A -$ 220,381$ 2.28$ 114500 Appliances By Owner -$ By Owner -$ By Owner -$ By Owner -$ 115300 Personnel Equipment Lockers & Lab Equip. 429,925$ 8.29$ 53,960$ 1.99$ N/A -$ 483,885$ 5.02$ 116723 Firing Range Equipment N/A -$ N/A -$ 1,230,000$ 70.45$ 1,230,000$ 12.75$ 122000 Window Treatments 2,430$ 0.05$ 15,760$ 0.58$ 1,970$ 0.11$ 20,160$ 0.21$ 134900 RF Shielding 28,000$ 0.54$ N/A -$ N/A -$ 28,000$ 0.29$ 210500 Fire Sprinkler Systems 103,770$ 2.00$ 81,375$ 3.00$ 53,277$ 3.05$ 238,422$ 2.47$ 220500 Plumbing Systems 213,050$ 4.11$ 212,155$ 7.82$ 31,425$ 1.80$ 456,630$ 4.73$ 230500 HVAC Systems 497,125$ 9.58$ 495,025$ 18.25$ 73,325$ 4.20$ 1,065,475$ 11.04$ 230500 HVAC Systems at Range Area N/A -$ N/A -$ 594,500$ 34.05$ 594,500$ 6.16$ 260500 Electrical Systems 1,207,211$ 23.27$ 955,700$ 35.23$ * 1,319,522$ 75.58$ 3,482,433$ 36.10$ * Includes Genset 271000 Communications Systems 376,166$ 7.25$ 196,656$ 7.25$ 49,010$ 2.81$ 621,832$ 6.45$ 274000 Audio / Video Systems 199,757$ 3.85$ 104,431$ 3.85$ 26,026$ 1.49$ 330,214$ 3.42$ 280500 Security & Access Control Systems By Owner -$ 142,406$ 5.25$ 35,490$ 2.03$ 177,896$ 1.84$ 310000 Earthwork 66,144$ 1.27$ 433,430$ 15.98$ 144,085$ 8.25$ 643,659$ 6.67$ 310010 Site Enabling 19,250$ 0.37$ 20,475$ 0.75$ 10,228$ 0.59$ 49,953$ 0.52$ 313100 Termite Treatment 361$ 0.01$ 2,712$ 0.10$ 1,747$ 0.10$ 4,820$ 0.05$ 321700 Pavement Markings 3,457$ 0.07$ 5,485$ 0.20$ 930$ 0.05$ 9,872$ 0.10$ 323100 Fences and Gates 124,430$ 2.40$ N/A -$ N/A -$ 124,430$ 1.29$ 329000 Landscaping & Irrigation 15,000$ 0.29$ 262,800$ 9.69$ 83,600$ 4.79$ 361,400$ 3.75$ 330000 Site Utilities 20,000$ 0.39$ 328,500$ 12.11$ 104,500$ 5.99$ 453,000$ 4.70$ -$ -$ -$ -$ -$ Cost of Work Subtotal 8,609,553$ 165.94$ 9,660,143$ 356.13$ 6,569,752$ 376.30$ 24,839,449$ 257.49$ Contractor's Contingency 10.00% 860,955$ 16.59$ 10.00% 966,014$ 35.61$ 10.00% 656,975$ 37.63$ 10.00% 2,483,945$ 25.75$ Building Permit By Owner -$ By Owner -$ By Owner -$ By Owner -$ Construction Costs Subtotal 9,470,508$ 182.53$ 10,626,157$ 391.75$ 7,226,727$ 413.93$ 27,323,393$ 283.23$ CGL & Umbrella Insurance 1.33% 134,831$ 2.60$ 1.33% 151,283$ 5.58$ 1.33% 102,886$ 5.89$ 389,000$ 4.03$ ** $50M Budget Professional Liability 0.26% 25,996$ 0.50$ 0.26% 29,168$ 1.08$ 0.26% 19,837$ 1.14$ 75,000$ 0.78$ ** $50M Budget Builder's Risk Excluded -$ Excluded -$ Excluded -$ Excluded -$ ** $50M Budget Payment & Performance Bond 1.20%121,172$ 2.34$ 1.20%135,958$ 5.01$ 1.20%92,463$ 5.30$ 349,593$ 3.62$ ** $50M Budget Construction Costs & Insurance Subtotal 9,752,506$ 187.96$ 10,942,566$ 403.41$ 7,441,913$ 426.25$ 28,136,986$ 291.67$ Preconstruction Fee 15,597$ 0.30$ 17,501$ 0.65$ 11,902$ 0.68$ 45,000$ 0.47$ Fee 3.55%346,608$ 6.68$ 3.55%388,903$ 14.34$ 3.55%264,489$ 15.15$ 3.55%1,000,000$ 10.37$ ** $50M Budget Project SubTotal 10,114,711$ 194.94$ 11,348,970$ 418.40$ 7,718,304$ 442.08$ 29,181,986$ 302.50$ Remodel / Renovation Tax Exempt -$ N/A -$ N/A -$ N/A -$ Project Total 10,114,711$ 194.94$ 11,348,970$ 418.40$ 7,718,304$ 442.08$ 29,181,986$ 302.50$ HQ Renov.Substation Firing Range TOTAL PROJECT ALTERNATES 01 Add 100 Yard Indoor Firing Lanes & Associated Spaces (11,014 SqFt)ADD 2,811,941$ 02 Upgrade Bullet Containment System on 50 Yard Range from Rubber Berm to Total Containment Trap ADD 293,706$ 03 Upgrade Bullet Containment System on 100 Yard Range from Rubber Berm to Total Containment Trap ADD 117,482$ Alt 03 Only Applicable if Alternate No 01 is Accepted Bid Package Description Cost Estimate Summary Sheet Denton Public Safety RFP Estimate Page 1 of 1 Cost Breakdown by Bid Package DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Qualifications2 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 General Conditions: 1 A Contractor's Construction Contingency is included in this estimate, and is intended for construction use only. Owner contingency is excluded from this estimate. 2 A construction fee is included on the cost summary, and is based upon the total construction cost. 3 Builders Risk Insurance is excluded, as stated in the online instructions for the RFP. 4 CGL & Umbrella Insurance is included, and based upon the total cost. 5 Payment and Performance bonds for Byrne have been included on the cost summary, and are based upon the total cost. 6 The CM pre-construction services fee is included in this budget. 7 All costs associated with approvals, easements, assessments, fees, deposits, charges, permits, studies, impact fees, tap fees, services fees, or similar, required by any governing agency to include County, City, State, or Federal entities, in addition to any and all utility entities are specifically excluded. 8 Building permit cost is excluded. 9 Testing Lab services for materials, mock-ups, or delegated engineering components are to be provided by the Owner, and are excluded. 10 Testing of building components for water or air intrusion is not included and is to be provided by the Owner. 11 Commissioning Agent and Services are to be provided by the Owner. Coordination with the Commissioning Agent is included. 12 The General Conditions line does not include insurances or bonds, which are broken out at the bottom of the summary as a calculation based upon the current project cost estimate. 13 Design Fees or services are not included. Where required in the specifications, the Construction Manager will provide design calculations and information provided by the Trade Contractors to the Architect and Engineer for approval and acceptance of the design. 14 The Construction Manager relies upon the designers to provide and implement the Owner's requirements into the design documents. 15 Includes trucks, fuel, tolls, and maintenance related to the Byrne personnel assigned to this project. Truck / Auto Allowance is inclusive of vehicle costs, insurance, fuel and maintenance. 16 All costs for mobile phones is inclusive of mobile data management. 17 The CM will provide oversight and review of submittals for compliance with the contract documents. 17 All initial and final survey’s and plats required by the City are by the Owner. 18 All electrical costs associated with construction is included. 19 All water costs associated with construction is included. 20 This budget is to be reviewed as a whole; not as individual line items. Temporary Construction Cost of Work Items: 1 Sales tax is excluded. 2 This estimate is based upon electronic design document files and models being available to all subcontractors at no additional cost. 3 All FF&E, OFE, and furnishings are excluded from this estimate. 4 All hazardous or contaminated material and soil testing, remediation, investigation, and abatement is excluded. 5 Site is assumed to be free of any contaminates, unencumbered, and ready to begin excavation work. 6 Initial design models shall be provided by the design team to Byrne. BIM coordination and clash detection is included for structure and M/E/P during construction. Qualifications & Clarifications Denton Public Safety - Denton Police Headquarters Renovation RFP Estimate Page 1 of 17 Qualifications - Police HQ DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Headquarters Renovation RFP Estimate 7 All costs associated with temporary fencing and gates is included. General Comment: 1 This estimate is based upon limited information available. Quantities and selections of materials and components are gathered or assumed per interpretation of the available documents. The quantities and selections may vary as the project is further developed by the design team. 2 IMPORTANT: Two (2) versions of the site plan were included in the available documents. Elements of this estimate (earthwork, paving in division 03, and other site elements) are all included per the site plan version without the building demolition and added parking lots. Division 2 - Existing Conditions: 1 Selective demolition services are included in this estimate. 2 Removal and disposal of the existing designated ACT/grid and GWB hard-lid ceilings including; lighting, grilles and diffusers (Areas: A, B, C, D, & E). 3 Removal and disposal of the existing designated floor finishes and base (Areas: A, B, C, D, & E). 4 Removal and disposal of the existing designated interior GWB and CMU partitions (Areas: A, B, C, D, & E). 5 Removal and disposal of the existing designated GW B and furring (Up to 12” above finished ceiling) from all perimeter walls to remain (Areas: A, B, C, D, & E). 6 Removal and disposal of the existing designated interior chain link fencing and gates (Areas: A, B, C, D, & E). 7 Removal and disposal of the existing designated casework/millwork (Areas: A, B, C, D, & E). 8 Removal and disposal of the existing designated doors/frames/hardware (Areas: A, B, C, D, & E). 9 Removal and disposal of the existing designated windows for new wall infill (Areas: A, B, C, D, & E). 10 Removal and disposal of the existing designated items fastened to walls, floors and ceilings in areas scheduled for selective demolition (Areas: A, B, C, D, & E). 11 Disposal of the existing designated M.E.P. systems within areas scheduled for selective demolition (Areas: A, B, C, D, & E). 12 Removal and disposal of the existing designated restroom partitions and accessories (Areas: A, D, & E). 13 Removal and disposal of the existing designated plumbing fixtures (Areas: A, D, & E). 14 Removal and disposal of the existing designated storefront (Area B, only). 15 Saw-Cut, removal and disposal of the existing designated concrete S.O.G. ; not to exceed 450SF in one (1) location (Areas: B & C). 16 Removal and disposal of the existing designated overhead door (Areas: B & C). 17 Removal and disposal of the existing designated roll-up door (Areas: A & D). 18 Removal and disposal of the existing designated DATA flooring complete (Areas E, only). 19 Removal and disposal of two (2) existing steel stair systems at the exterior of the building are included in this estimate (Areas: B & C). The existing steel stair system at Area C is clearly indicated on sheet AD-103. The existing steel stair system at Area B is not shown on sheet AD-102, but it is shown on Google Maps Street View as of July 2018. 20 Removal and disposal of one (1) existing concrete stair system with metal railings at the exterior of the building is included in this estimate per sheet AD-103 (Area: C). 21 Removal and disposal of two (2) existing pre-engineered metal building additions are included in this estimate per sheets AD-102 & AD-103 (Areas: B & C). Page 2 of 17 Qualifications - Police HQ DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Headquarters Renovation RFP Estimate 22 Removal and disposal of two (2) existing concrete loading dock ramps are included in this estimate (Area: A). The concrete loading dock ramps are not shown on sheet AD-101, but they were observed during Byrne's review of the project site via Google Maps Street View as of July 2018. 23 Removal and disposal of concrete loading dock elements, adjacent to the concrete loading dock ramps, are included in this estimate (Area: A). The concrete loading dock elements are not shown on sheet AD-101, but they were observed during Byrne's review of the project site via Google Maps Street View as of July 2018. 24 IMPORTANT: Two (2) versions of the site plan were included in the available documents. Elements of this estimate (earthwork, paving in division 03, and other site elements) are all included per the site plan version without the building demolition and added parking lots. This estimate excludes all building and site demolition services associated with the properties adjacent to the Denton Police Headquarters. The "Headquarters Renovation Site Plan " indicates these properties will be cleared to accommodate construction of the new "secure police parking" lots and a "public parking" lot. It is assumed that the owner will procure these properties and clear them of all existing buildings and site elements prior to the start of construction via a separate, outside contract. Pricing can be provided at a future date if the owner wishes to included the demolition/clearing of these adjacent properties under the same contract as the Denton Police Headquarters Renovation. Property 1 of 2: Gene Gohlke Building Products, 612 E. McKinney St., Denton, Texas 76209 Property 2 of 2: Speed of Light Broadband, Inc., 716 E. McKinney St., Denton, Texas 76209 Division 3 - Concrete: 1 See estimate detail for specific information of what has been assumed and included within the estimate. 2 Sally Port slab and ramps are included as 8" slab on grade, over imported and compacted select structural fill. 3 Drilled and cased piers are included to an assumed overall depth of 25'-0" per each pier. Division 4 - Masonry: 1 See estimate detail for specific information of what has been included within the estimate. 2 Brick veneer is included at all exterior skin conditions. 3 Grout-filled CMU (8"x8"x16") is assumed at the exterior walls of the new Sally Port within Area A. Division 5 - Metals: 1 Structural steel is excluded from the Police Headquarters' Renovation estimate. It is assumed the existing structural steel is sufficient to serve the renovated areas. 2 Standard tube-steel railings are assumed at all new exterior CIP concrete stair systems. 3 Work associated with the existing metal roof decks is excluded from the Police Headquarters' Renovation estimate. 4 Structural steel is included at a rate of 8# per SqFt for the new Sally Port. 5 Miscellaneous steel is included at a rate of 15% (by tonnage) of the structural steel. 6 An allowance is included for vehicular guardrails along the drivable ramps. 7 Galvanized steel railing is included for new pedestrian stairs and ramps. Division 6 - Wood, Plastics and Composites: 1 Rough carpentry is included at assumed locations and quantities. Page 3 of 17 Qualifications - Police HQ DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Headquarters Renovation RFP Estimate 2 Finish carpentry display cases with glass are included at the Police Memorial/Museum area. 3 See estimate detail for specific information of what has been included within the estimate. Division 7 - Thermal and Moisture Protection: 1 Rigid insulation is included at all new exterior wall conditions. 2 A fluid-applied air barrier system is included at all exterior wall conditions. 3 Bituminous dampproofing is included at the Sally Port's exterior CMU walls. 4 Roofing at new Sally Port is included as a standard single-ply TPO roof system with a prefinished metal coping cap system. 5 Sealants for building and site are included. (Sealants for existing parking lot are EXCLUDED.) 6 Fireproofing is excluded from this estimate. Division 8 - Openings: 1 See estimate detail for specific information of what has been included within the estimate. 2 Two (2) motorized overhead coiling doors (approximately 08'-00" H x 06'-06" W) are included at the "Long Term Evidence" and "Found Property" rooms. 3 Four (4) motorized overhead coiling doors (approximately 10'-00" H x 08'-06" W) are included at the Sally Port and vehicular processing bays ("Park 4", "Park 5", & "Park 6"). 4 One (1) motorized overhead coiling doors (approximately 10'-00" H x 18'-06" W) is included at the Sally Port. 5 One (1) manual interior pass-thru coiling counter door (approximately 04'-00" H x 07'-00" W) is included and assumed to be located between the "Property Pickup Room" & the "Property Transfer Room". 6 An aluminum framed transaction window is included at the "Public Counter Area". 7 An interior storefront transaction window with bullet-resistant framing and glazing is included at the Area D "Public Counter Area". Bullet-resistant glass and glazing is excluded at all other new interior and exterior storefront systems. 8 A door hardware allowance is included at $1,500 per door leaf for all hollow metal and wood doors. 9 A door hardware allowance is included at $1,800 per door leaf for all aluminum storefront doors. Division 9 - Finishes: 1 See estimate detail for specific information of what has been included within the estimate. 2 Standard 2x2 suspended acoustical ceiling tiles are included at all offices, corridors, work areas, etc. 3 Gypsum board ceilings are included at all restrooms, janitor/custodial rooms, locker rooms, IDF/MDF rooms, fitness rooms, pantries, etc. 4 Exposed painted ceiling structures are included at the Sally Port, Long Term Evidence, Vehicle Processing Bays (Park 4, Park 5, Park 6), electrical rooms, equipment storage rooms, etc. 5 Porcelain tile flooring is included at all restrooms, showers, breakrooms, pantries, public lobbies, and at the Police Memorial/Museum area. Porcelain wall tile (8' tall) is included at all restroom walls. 6 Carpet flooring with standard rubber base is included at all offices, corridors, conference rooms, interview rooms, work areas, dispatch area, etc. 7 Polished concrete sealed concrete floors with standard rubber base is included at electrical rooms, storage rooms, evidence processing rooms, crime scene lab, locker rooms, janitor/custodial rooms, IDF/MDF rooms, fitness room and jail lobby. 8 Pricing is included for temporary floor protection at all concrete floor finishes. Division 10 - Specialties: 1 See estimate detail for specific information of what has been included within the estimate. 2 Signage for rooms is included. Page 4 of 17 Qualifications - Police HQ DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Headquarters Renovation RFP Estimate 3 Exterior signage is excluded. 4 Fire extinguisher cabinets with 20-pound fire extinguishers are included in this estimate at 1EA/3,000sqft of work area. 5 This estimate includes pricing for prefinished aluminum carport canopies at the "secure police parking" lot per the "Headquarters Renovation Site Plan" sheet included in the Owner's RFP package. Division 11 - Equipment: 1 See estimate detail for specific information of what has been included within the estimate. 2 Notes for a "VERA BOX" are indicated within the Evidence Intake/Processing room. The "VERA BOX" is excluded from this estimate due to a lack of available information. 3 The following evidence processing equipment is included in this estimate: a) Stainless Steel Work Table - (1EA) b) Non-Refrigerated Evidence Lockers - (3EA) c) Refrigerated Evidence Lockers - (1EA) d) Chemical Fume Hood - (1EA) e) Powder Fume Hood - (1EA) f ) Evidence Drying Cabinet (Ducted) - (1EA) g) Forensic Cabinet (Countertop Mounted) - (1EA) 4 Laboratory-grade casework with black epoxy resin countertops are included at the Evidence Intake/Processing room, Evidence Work Up Area, and Crime Scene Lab. 5 Three (3) hazardous-chemical/solvent storage units and full height standard metal shelving units are included at the Hazmat room. 6 Heavy-duty stackable weapons rack storage units (approximately 45" H X 42" W X 16" D) are included at the Weapons Storage rooms. Each unit has a capacity to store ten (10EA) long guns; optional attachments allow for the storage of five (5EA) pistols per unit. A total of sixteen (16EA) heavy-duty stackable weapons rack storage units are included in this estimate. 7 Heavy-duty wall-mounted pistol locker units (approximately 26" H X 13" W X 7" D) are included at the Weapons Storage rooms. Each unit has four (4EA) individual pistol compartments; a total of nine (9EA) heavy-duty pistol locker units are included in this estimate. 8 Appliances are excluded. 9 Foodservice Equipment is excluded. 10 Personnel-duty lockers (Basis-of-Design: Tiffin Metal Products) are included in this estimate at the following locations: a) Bike Officers at "Area B" - (20EA) b) Duty Locker Area at "Area B" - (18EA) c) Locker Room at "Area B" - (26EA) d) Dispatch Lockers at "Area C" - (18EA) e) Men's Locker Room at "Area D" - (66EA) f ) Women's Locker Room at "Area D" - (66EA) 11 Pricing is included for one (1) thirty (30) compartment mailbox unit at the Work and Mail Room. 12 Pricing is included for one (1) wall-mounted bike track at the Bike Storage room. 13 Pricing is included for one (1) cash drawer tray, one (1) deal drawer, and one (1) intercom speaker microphone at the Public Counter Area. Page 5 of 17 Qualifications - Police HQ DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Headquarters Renovation RFP Estimate 14 Athletic equipment is assumed to be owner-furnished / owner-installed; athletic equipment is excluded from this estimate. Division 12 - Furnishings: 1 All FF&E, OFE, and furnishings are excluded from this estimate. 2 Manual roller shades are included for exterior storefront windows. Division 13 - Special Construction: 1 Radio-Frequency (RF) Shielding floor, wall, ceiling, & door/frame systems are included at the "Faraday Room". Division 21 - Fire Suppression: 1 See estimate detail for specific information of what has been included within the estimate. 2 Pricing is included to rework the existing fire suppression system and provide new sprinkler head drop locations to accommodate the newly renovated areas. Division 22 - Plumbing: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for the demolition of existing sanitary and domestic water systems and plumbing fixtures within the renovated areas. 3 This estimate includes pricing for new plumbing fixtures and new sanitary and domestic water systems within the renovated areas. Division 23 - Heating, Ventilating and Air Conditioning: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for the cut-and-make-safe of existing mechanical systems within the renovated areas. 3 This estimate includes pricing for new ductwork distribution within the renovated areas. 4 Test, adjust, and balance of new mechanical systems is included in this estimate. 5 This estimate assumes the existing RTU's can sufficiently service the entire Police Headquarters. New RTU's are excluded from this estimate. Division 26 - Electrical: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate assumes MC cabling for all branch wiring. 3 This estimate includes pricing for temporary power compliant with OSHA minimum standards. 4 This estimate includes pricing for the cut-and-make-safe of existing electrical systems within the renovated areas. 5 This estimate includes pricing for code-minimum lighting controls. 6 This estimate includes pricing for code-minimum fire alarm systems. 7 This estimate includes pricing for standard 2x2 and 2x4 light fixtures without custom trim or colors. Recessed can lights, custom light fixture trim, custom trim colors, and indirect lighting are excluded from this estimate. Division 27 - Communications: 1 Allowances for Communications and Structured Cabling Systems are included. Division 27 - Audio / Visual Systems: 1 Allowances for Audio / Visual Systems are included. Rough-in for audio/visual systems is included in this estimate under Division 26 - Electrical. Division 28 - Electronic Safety and Security: Page 6 of 17 Qualifications - Police HQ DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Headquarters Renovation RFP Estimate 1 Electronic security and access control systems are assumed to be provided by Owner for the existing facility, and are therefore excluded from this estimate. Rough-in for Electronic security and access control systems is included in this estimate under Division 26 - Electrical. Division 31 - Earthwork: 1 See estimate detail for specific information of what has been included within the estimate. 2 IMPORTANT: Two (2) versions of the site plan were included in the available documents. Elements of this estimate (earthwork, paving in division 03, and other site elements) are all included per the site plan version without the building demolition and added parking lots. 3 Pricing is included for termite treatment beneath new concrete slabs. 4 Pricing is included for temporary site enabling elements and erosion control devices during construction (silt fencing, temporary construction entrances, inlet protection, barricades & traffic control, and supplemental layout to re-establish benchmarks for construction operations). Division 32 - Exterior Improvements: 1 An allowance of $15,000 is included for minor replacement of landscaping at the conclusion of construction activities. 2 Pricing is included for decorative metal security fencing (8' tall) at the southeast parking area (Basis-of-Design: Ameristar Montage Plus 3 Rail). 3 Pricing is included for two (2) decorative metal security sliding gates (08'-00" H x 17'-06" W) with gate operators, drivers, and exit loops at the southeast parking area (Basis-of-Design: Ameristar Montage Plus 3 Rail). 4 Pricing is included for two (2) decorative metal security sliding gates with gate operators, drivers, and exit loops at the rear drive areas labeled "secure entry" (Basis-of-Design: Ameristar Montage Plus 3 Rail). 5 Pricing is included for new pavement markings at the new parking lots. 6 This estimate includes pricing to power wash and remove existing pavement markings at the existing parking areas; pricing is included to provide new pavement markings at the existing parking areas. Division 33 - Utilities: 1 An allowance of $20,000 is included for connection of drains to existing utilities for the new Sally Port. Page 7 of 17 Qualifications - Police HQ DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 General Conditions: 1 A Contractor's Construction Contingency is included in this estimate, and is intended for construction use only. Owner contingency is excluded from this estimate. 2 A construction fee is included on the cost summary, and is based upon the total construction cost. 3 Builders Risk Insurance is excluded, as stated in the online instructions for the RFP. 4 CGL & Umbrella Insurance is included, and based upon the total cost. 5 Payment and Performance bonds for Byrne have been included on the cost summary, and are based upon the total cost. 6 The CM pre-construction services fee is included in this budget. 7 All costs associated with approvals, easements, assessments, fees, deposits, charges, permits, studies, impact fees, tap fees, services fees, or similar, required by any governing agency to include County, City, State, or Federal entities, in addition to any and all utility entities are specifically excluded. 8 Building permit cost is excluded. 9 Testing Lab services for materials, mock-ups, or delegated engineering components are to be provided by the Owner, and are excluded. 10 Testing of building components for water or air intrusion is not included and is to be provided by the Owner. 11 Commissioning Agent and Services are to be provided by the Owner. Coordination with the Commissioning Agent is included. 12 The General Conditions line does not include insurances or bonds, which are broken out at the bottom of the summary as a calculation based upon the current project cost estimate. 13 Design Fees or services are not included. Where required in the specifications, the Construction Manager will provide design calculations and information provided by the Trade Contractors to the Architect and Engineer for approval and acceptance of the design. 14 The Construction Manager relies upon the designers to provide and implement the Owner's requirements into the design documents. 15 Includes trucks, fuel, tolls, and maintenance related to the Byrne personnel assigned to this project. Truck / Auto Allowance is inclusive of vehicle costs, insurance, fuel and maintenance. 16 All costs for mobile phones is inclusive of mobile data management. 17 The CM will provide oversight and review of submittals for compliance with the contract documents. 17 All initial and final survey’s and plats required by the City are by the Owner. 18 All electrical costs associated with construction is included. 19 All water costs associated with construction is included. 20 This budget is to be reviewed as a whole; not as individual line items. Temporary Construction Cost of Work Items: 1 Sales tax is excluded. 2 This estimate is based upon electronic design document files and models being available to all subcontractors at no additional cost. 3 All FF&E, OFE, and furnishings are excluded from this estimate. 4 All hazardous or contaminated material and soil testing, remediation, investigation, and abatement is excluded. 5 Site is assumed to be free of any contaminates, unencumbered, and ready to begin excavation work. 6 Initial design models shall be provided by the design team to Byrne. BIM coordination and clash detection is included for structure and M/E/P during construction. Qualifications & Clarifications Denton Public Safety - Denton Police Sub-Station RFP Estimate Page 8 of 17 Qualifications - PD Sub-Station DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Sub-Station RFP Estimate 7 All costs associated with temporary fencing and gates is included. General Comment: 1 This estimate is based upon limited information available. Quantities and selections of materials and components are gathered or assumed per interpretation of the available documents. The quantities and selections may vary as the project is further developed by the design team. 2 Two (2) conflicting site plans were provided with the Owner's RFP documents. For the purposes of this estimate, all site elements (earthwork, site paving, landscape/irrigation, fences and gates, etc.) associated with the new Police Sub-Station and the new Police Firing Range are based on the "Sub- Station Overall Site Plan" slide included in the "7249-RFP 2020-01-09" document. This site plan layout depicts the new 28,275 sqft Police Sub-Station located west of the new 28,300 sqft Police Firing Range (which includes the 100-yard firing range alternate). The new Police Sub-Station depicts a series of designated parking areas: a "public parking" area with fifty (50) parking spaces, a "covered parking" area with forty (40) parking spaces, two (2) separate "secure police parking" area with forty (40) parking spaces each. The new Police Firing Range depicts a single "range parking" area with twenty (20) parking spaces. Lastly, the "Sub-Station Overall Site Plan" also depicts a 10,000 sqft "Future Expansion" area. Division 3 - Concrete: 1 See estimate detail for specific information of what has been assumed and included within the estimate. 2 Drilled and cased piers are included to an assumed overall depth of 25'-0" per each pier. 3 This estimate includes pricing for an 8" slab-on-void building foundation. 4 This estimate includes pricing for concrete site pavement: sidewalks (4" thick), parking spaces (5" thick), and drive aisles (6" thick). Division 4 - Masonry: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for brick and stone veneer. 3 This estimate includes pricing for grout-filled CMU (12" thick) at the interior storm-shelter area. Division 5 - Metals: 1 See estimate detail for specific information of what has been included within the estimate. 2 Structural steel is included at a rate of 8# per SqFt. 3 Miscellaneous steel is included at a rate of 15% (by tonnage) of the structural steel. Division 6 - Wood, Plastics and Composites: 1 See estimate detail for specific information of what has been included within the estimate. 2 Rough carpentry is included at assumed locations and quantities. Division 7 - Thermal and Moisture Protection: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for a standing seam metal roof system at all sloped roof areas. 3 This estimate includes pricing for a single-ply TPO roof system at the flat roof area. 4 Rigid insulation is included at all new exterior wall conditions. Page 9 of 17 Qualifications - PD Sub-Station DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Sub-Station RFP Estimate 5 A fluid-applied air barrier system is included at all exterior wall conditions. 6 Bituminous dampproofing is included at all exterior CMU walls. 7 Sealants for building and site are included. 8 Prefinished metal fascia is included at the perimeters of the flat and sloped roof systems. 9 Prefinished metal soffit panels are included at the underside of all roof eaves. 10 Prefinished sheet metal gutters and downspouts are included within the estimate. 11 Standard flashings are included at all exterior wall conditions. 12 Fireproofing is excluded from this estimate. Division 8 - Openings: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for two (2) overhead coiling doors (10'-00" H x 08'-00" W) at the Sally Port. 3 Bullet-resistant glass and glazing is excluded from this estimate. 4 A door hardware allowance is included at $1,500 per door leaf for all hollow metal and wood doors. 5 A door hardware allowance is included at $1,800 per door leaf for all aluminum storefront doors. Division 9 - Finishes: 1 See estimate detail for specific information of what has been included within the estimate. 2 Carpet flooring with standard rubber base is included at all offices, corridors, conference rooms, work areas, interview rooms, the detective area, the roll call room, the map room, the work & mail room, the records room, the training & recruiting room, the tactical briefing/training room, etc. 3 Polished and sealed concrete floor finishes with standard rubber base is included at all holding rooms, storage rooms, mechanical rooms, electrical rooms, the MDF room, the A/V room, fitness/training room, locker rooms, the physical plant room, Sally Port, evidence work up area, property rooms, janitor/custodial rooms, the crime analysis room, the Quarter Master room, and the victim services room. 4 Porcelain tile flooring is included at all restrooms, showers, breakrooms, pantries, public lobbies, and at the main entrance vestibule. Porcelain wall tile (8' tall) is included at all restroom walls. 5 Pricing is included for temporary floor protection at all concrete floor finishes. Division 10 - Specialties: 1 See estimate detail for specific information of what has been included within the estimate. 2 A prefabricated canopy system is included at the north elevation of the Police Sub-Station. 3 This estimate includes pricing for a prefinished aluminum carport canopy system 4 This estimate includes pricing for backlit exterior dimension letter signage (2' tall letters) to spell, "POLICE " per detail C2/A-201. 5 This estimate includes pricing for backlit exterior dimension letter signage (1' tall letters) to spell, "POLICE DEPARTMENT " per detail C2/A-201. 6 This estimate includes pricing for room signage. 7 Fire extinguisher cabinets with 20-pound fire extinguishers are included in this estimate at 1EA/3,000sqft of work area. 8 An allowance is included in this estimate for three (3) new flagpoles. 9 This estimate includes pricing for one (1) knox box. 10 Personnel-duty lockers (Basis-of-Design: Tiffin Metal Products) are included in this estimate at the following locations: a) Men's Locker Room - (11EA) b) Women's Locker Room - (11EA) Page 10 of 17 Qualifications - PD Sub-Station DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Sub-Station RFP Estimate Division 11 - Equipment: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for three (3) non-refrigerated evidence lockers at the Evidence Work Up Area. 3 Laboratory-grade casework with black epoxy resin countertops are included at the Evidence Work Up Area. 4 Heavy-duty stackable weapons rack storage units for long gun storage are excluded from the Denton Police Sub- Station estimate. 5 Heavy-duty wall-mounted pistol lockers are excluded from the Denton Police Sub-Station estimate. 6 Athletic equipment is assumed to be owner-furnished / owner-installed; athletic equipment is excluded from this estimate. 7 Appliances are excluded. 8 Foodservice Equipment is excluded. Division 12 - Furnishings: 1 All FF&E, OFE, and furnishings are excluded from this estimate. 2 Manual roller shades are included for exterior storefront windows. Division 13 - Special Construction: 1 See estimate detail for specific information of what has been included within the estimate. Division 21 - Fire Suppression: 1 See estimate detail for specific information of what has been included within the estimate. 2 A wet-pipe fire sprinkler system is included in this estimate for the new Denton Police Sub-Station. 3 A fire pump and associated equipment are excluded from this estimate. 4 A fire transfer switch is excluded from this estim ate. Division 22 - Plumbing: 1 See estimate detail for specific information of what has been included within the estimate. Division 23 - Heating, Ventilating and Air Conditioning: 1 See estimate detail for specific information of what has been included within the estimate. 2 Test, adjust, and balance of new mechanical systems is included in this estimate. Division 26 - Electrical: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate assumes MC cabling for all branch wiring. 3 This estimate includes pricing for temporary power compliant with OSHA minimum standards. 4 This estimate includes pricing for code-minimum lighting controls. 5 This estimate includes pricing for code-minimum fire alarm systems. 6 This estimate includes pricing for lightning protection systems. 7 This estimate includes pricing for standard 2x2 and 2x4 light fixtures without custom trim or colors. Recessed can lights, custom light fixture trim, custom trim colors, and indirect lighting are excluded from this estimate. Division 27 - Communications: 1 Allowances for Communications and Structured Cabling Systems are included. Division 27 - Audio / Visual Systems: 1 Allowances for Audio / Visual Systems are included. Rough-in for audio/visual systems is included in this estimate under Division 26 - Electrical. Page 11 of 17 Qualifications - PD Sub-Station DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Sub-Station RFP Estimate Division 28 - Electronic Safety and Security: 1 Allowances for Electronic Safety and Security Systems are included. Rough-in for Electronic security and access control systems is included in this estimate under Division 26 - Electrical. Division 31 - Earthwork: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for termite treatment. 3 Pricing is included for temporary site enabling elements and erosion control devices during construction (silt fencing, temporary construction entrances, barricades & traffic control, and supplemental layout to re-establish benchmarks for construction operations). 4 Tree protection is excluded from this estimate. None indicated. 5 Inlet protection is excluded from this estimate. None indicated. Division 32 - Exterior Improvements: 1 See estimate detail for specific information of what has been included within the estimate. 2 An allowance for new landscape & irrigation systems is included. 3 This estimate includes pricing for new pavement markings, new precast concrete wheel stops, and parking signage. Pricing is included for power washing services prior to application of new pavement markings. Division 33 - Utilities: 1 See estimate detail for specific information of what has been included within the estimate. 2 An allowance for new site utilities is included. Page 12 of 17 Qualifications - PD Sub-Station DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 General Conditions: 1 A Contractor's Construction Contingency is included in this estimate, and is intended for construction use only. Owner contingency is excluded from this estimate. 2 A construction fee is included on the cost summary, and is based upon the total construction cost. 3 Builders Risk Insurance is excluded, as stated in the online instructions for the RFP. 4 CGL & Umbrella Insurance is included, and based upon the total cost. 5 Payment and Performance bonds for Byrne have been included on the cost summary, and are based upon the total cost. 6 The CM pre-construction services fee is included in this budget. 7 All costs associated with approvals, easements, assessments, fees, deposits, charges, permits, studies, impact fees, tap fees, services fees, or similar, required by any governing agency to include County, City, State, or Federal entities, in addition to any and all utility entities are specifically excluded. 8 Building permit cost is excluded. 9 Testing Lab services for materials, mock-ups, or delegated engineering components are to be provided by the Owner, and are excluded. 10 Testing of building components for water or air intrusion is not included and is to be provided by the Owner. 11 Commissioning Agent and Services are to be provided by the Owner. Coordination with the Commissioning Agent is included. 12 The General Conditions line does not include insurances or bonds, which are broken out at the bottom of the summary as a calculation based upon the current project cost estimate. 13 Design Fees or services are not included. Where required in the specifications, the Construction Manager will provide design calculations and information provided by the Trade Contractors to the Architect and Engineer for approval and acceptance of the design. 14 The Construction Manager relies upon the designers to provide and implement the Owner's requirements into the design documents. 15 Includes trucks, fuel, tolls, and maintenance related to the Byrne personnel assigned to this project. Truck / Auto Allowance is inclusive of vehicle costs, insurance, fuel and maintenance. 16 All costs for mobile phones is inclusive of mobile data management. 17 The CM will provide oversight and review of submittals for compliance with the contract documents. 17 All initial and final survey’s and plats required by the City are by the Owner. 18 All electrical costs associated with construction is included. 19 All water costs associated with construction is included. 20 This budget is to be reviewed as a whole; not as individual line items. Temporary Construction Cost of Work Items: 1 Sales tax is excluded. 2 This estimate is based upon electronic design document files and models being available to all subcontractors at no additional cost. 3 All FF&E, OFE, and furnishings are excluded from this estimate. 4 All hazardous or contaminated material and soil testing, remediation, investigation, and abatement is excluded. 5 Site is assumed to be free of any contaminates, unencumbered, and ready to begin excavation work. 6 Initial design models shall be provided by the design team to Byrne. BIM coordination and clash detection is included for structure and M/E/P during construction. Qualifications & Clarifications Denton Public Safety - Denton Police Shooting Range RFP Estimate Page 13 of 17 Qualifications - Firing Range DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Shooting Range RFP Estimate 7 All costs associated with temporary fencing and gates is included. General Comment: 1 This estimate is based upon limited information available. Quantities and selections of materials and components are gathered or assumed per interpretation of the available documents. The quantities and selections may vary as the project is further developed by the design team. 2 Two conflicting site plans were provided with the Owner's RFP documents. For the purposes of this estimate, all site elements (earthwork, site paving, landscape/irrigation, fences and gates, etc.) associated with the new Police Sub-Station and the new Police Firing Range are based on the "Sub- Station Overall Site Plan" slide included in the "7249-RFP 2020-01-09" document. This site plan layout depicts the new 28,275 sqft Police Sub-Station located west of the new 28,300 sqft Police Firing Range (which includes the 100-yard firing range alternate). The new Police Sub-Station depicts a series of designated parking areas: a "public parking" area with fifty (50) parking spaces, a "covered parking" area with forty (40) parking spaces, two (2) separate "secure police parking" area with forty (40) parking spaces each. The new Police Firing Range depicts a single "range parking" area with twenty (20) parking spaces. Lastly, the "Sub-Station Overall Site Plan" also depicts a 10,000 sqft "Future Expansion" area. Division 3 - Concrete: 1 See estimate detail for specific information of what has been assumed and included within the estimate. 2 Drilled and cased piers are included to an assumed overall depth of 25'-0" per each pier. 3 This estimate includes pricing for an 8" slab-on-void building foundation. 4 This estimate includes pricing for concrete site pavement: sidewalks (4" thick), parking spaces (5" thick), and drive aisles (6" thick). 5 Precast, raised concrete planters are included in this estimate per sheet A-0. Division 4 - Masonry: 1 Grout-filled CMU (12" thick) with integral coloring, is assumed at all exterior walls of the Denton Police Shooting Range. 2 Brick veneer wainscot (36" tall) is included along the entire perimeter of the exterior façade. Division 5 - Metals: 1 See estimate detail for specific information of what has been included within the estimate. 2 Structural steel is included at a rate of 8# per SqFt. 3 Miscellaneous steel is included at a rate of 15% (by tonnage) of the structural steel. Division 6 - Wood, Plastics and Composites: 1 See estimate detail for specific information of what has been included within the estimate. 2 Rough carpentry is included at assumed locations and quantities. Division 7 - Thermal and Moisture Protection: 1 See estimate detail for specific information of what has been included within the estimate. 2 Bituminous dampproofing on sheathing is included at all exterior CMU wall conditions. 3 Rigid insulation is included at all exterior wall conditions. Page 14 of 17 Qualifications - Firing Range DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Shooting Range RFP Estimate 4 This estimate includes pricing for a standard, single-ply TPO roof system. 5 This estimate includes pricing for one (1) roof hatch, walks mats, and prefinished metal coping cap along the entire perimeter of the building's roof system. 6 A fluid-applied air barrier system is included at all exterior wall conditions. 7 Sealants for building and site are included. 8 Standard flashings are included at all exterior wall conditions. 9 Fireproofing is excluded from this estimate. Division 8 - Openings: 1 See estimate detail for specific information of what has been included within the estimate. 2 A sliding glass partition at the "exterior vehicle access" opening to the 50-yard firing range is included in this estimate per sheets A-2 & A-3 of the Denton Police Shooting Range. 3 An overhead coiling door (08'-00" x 06'-06") is included in this estimate. 4 Bullet-resistant glass and glazing is excluded from this estimate. 5 A door hardware allowance is included at $1,800 per door leaf for all hollow metal and wood doors. 6 A door hardware allowance is included at $1,800 per door leaf for all aluminum storefront doors. Division 9 - Finishes: 1 See estimate detail for specific information of what has been included within the estimate. 2 Interior gypsum board furring walls are assumed at the interior face of all exterior CMU partitions. 3 Porcelain tile flooring is included at all restrooms. Porcelain wall tile (8' tall) is included at all restroom wall surfaces. 4 Polished and sealed concrete floor finishes with standard rubber base are included at all non-restroom flooring surfaces. 5 Pricing is included for temporary floor protection at all concrete floor finishes. Division 10 - Specialties: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for prefabricated, covered parking canopies. 3 Fire extinguisher cabinets with 20-pound fire extinguishers are included in this estimate at 1EA/3,000sqft of work area. 4 This estimate includes pricing for one (1) knox box. 5 Signage for rooms is included. 6 Exterior building-mounted signage is excluded. 7 A monumental sign allowance is included per sheets A-0: Shooting Range Site Plan & A-4: Exterior Isometric Plans. Division 11 - Equipment: 1 See estimate detail for specific information of what has been included within the estimate. 2 Appliances are excluded. Division 12 - Furnishings: 1 Manual roller shades are included for exterior storefront windows. 2 All FF&E, OFE, and furnishings are excluded from this estimate. Division 13 - Special Construction: 1 See estimate detail for specific information of what has been included within the estimate. Page 15 of 17 Qualifications - Firing Range DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Shooting Range RFP Estimate 2 This estimate includes pricing for the following Tactical Firing Range Equipment at the 50-Yard Firing Range: a) 69' wide Granulated Rubber Berm b) Proprietary Flame-Seal class-A fire retardant coating c) High speed turning targets (various options) - (15EA) d) Master screen and wireless tablet control e) DRM Pro dual running man target f ) Rifle rated overhead tactical baffles, 3/8" AR500 steel with plywood and acoustical tile fascia g) Ballistic combat walls near bullet trap (12' per wall) h) 2" PEPP acoustical tiles on the back and sidewalls of the range (8' tall) Division 21 - Fire Suppression: 1 See estimate detail for specific information of what has been included within the estimate. 2 A wet-pipe fire sprinkler system is included in this estimate for the new Denton Police Shooting Range. 3 A fire pump and associated equipment are excluded from this estimate. 4 A fire transfer switch is excluded from this estim ate. Division 22 - Plumbing: 1 See estimate detail for specific information of what has been included within the estimate. Division 23 - Heating, Ventilating and Air Conditioning: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate includes pricing for specialized, code-compliant ventilation systems required for indoor firing ranges. See the estimate detail for breakdown of the components included within the system. Division 26 - Electrical: 1 See estimate detail for specific information of what has been included within the estimate. 2 This estimate assumes MC cabling for all branch wiring. 3 This estimate includes pricing for temporary power compliant with OSHA minimum standards. 4 This estimate includes pricing for the cut-and-make-safe of existing electrical systems within the renovated areas. 5 This estimate includes pricing for code-minimum lighting controls. 6 This estimate includes pricing for code-minimum fire alarm systems. 7 This estimate includes pricing for lightning protection systems. 8 This estimate includes pricing for standard 2x2 and 2x4 light fixtures without custom trim or colors. Recessed can lights, custom light fixture trim, custom trim colors, and indirect lighting are excluded from this estimate. Division 27 - Communications: 1 Allowances for Communications and Structured Cabling Systems are included. Division 27 - Audio / Visual Systems: 1 Allowances for Audio / Visual Systems are included. Rough-in for audio/visual systems is included in this estimate under Division 26 - Electrical. Division 28 - Electronic Safety and Security: 1 Allowances for Electronic Safety and Security Systems are included. Rough-in for Electronic security and access control systems is included in this estimate under Division 26 - Electrical. Division 31 - Earthwork: 1 See estimate detail for specific information of what has been included within the estimate. Page 16 of 17 Qualifications - Firing Range DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E NINE DECADES OF EXCELLENCE 551 E. Berry Street Fort Worth, Texas 76110 (817) 335-3394 Fax (817) 877-5507 Date:February 4, 2020 Qualifications & Clarifications Denton Public Safety - Denton Police Shooting Range RFP Estimate 2 This estimate includes pricing for termite treatment. 3 Pricing is included for temporary site enabling elements and erosion control devices during construction (silt fencing, temporary construction entrances, barricades & traffic control, and supplemental layout to re-establish benchmarks for construction operations). 4 Tree protection is excluded from this estimate. None indicated. 5 Inlet protection is excluded from this estimate. None indicated. Division 32 - Exterior Improvements: 1 See estimate detail for specific information of what has been included within the estimate. 2 An allowance for new landscape & irrigation systems is included. 3 This estimate includes pricing for new pavement markings, new precast concrete wheel stops, and parking signage. Pricing is included for power washing services prior to application of new pavement markings. Division 33 - Utilities: 1 See estimate detail for specific information of what has been included within the estimate. 2 An allowance for new site utilities is included. Page 17 of 17 Qualifications - Firing Range DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Detail Summary3 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 1 Denton Police HQ Renov RFP ROM 01 2/3/2020 8:19 AM Project name Denton Police HQ Renov RFP ROM 01 Report format Sorted by 'Location/Bid Pkg #' 'Detail' summary DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 2 Denton Police HQ Renov RFP ROM 01 2/3/2020 8:19 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount * unassigned * 0000 BP-General Conditions ----General Conditions - See Summary 0.00 lsum - 0001 BP-General Requirements 100 General Requirements - See Summary 0.00 lsum 0003 BP-Temporary Construction 10 Temporary Construction - See Summary 0.00 lsum - 2400 BP-Demolition 10 Abatement of Hazardous Materials - EXCLUDED 0.00 sqft 0.00 10 Structural and Interior Demolition 1.00 lsum 320,000.00 /lsum 320,000 10 Demo Existing Ext. Steel Stair System (5 Treads & Landing) 2.00 each 0.00 10 Selective Demo Building (Int. Walls, Doors, Ceilings, Flooring, Etc.) 51,885.00 sqft 0.00 10 Selective Demo - PEMB Addition: 36" Concrete Slab, Roof, Ext. Walls, Struct 523.00 sqft 0.00 10 Selective Demo Building (Sawcut & Remove Exist. 36" SOG ) 434.00 sqft 0.00 10 Selective Demo Building (Sawcut & Remove Exist. 7" SOG ) 44.00 sqft 0.00 10 Selective Demo Building (Raised Access Floor System to be Removed) 1,359.00 sqft 0.00 10 Demo Concrete Loading Dock Ramp 405.00 sqft 0.00 10 Demo Concrete Loading Dock - SOG with 36" Turn Down 123.00 sqft 0.00 10 Demo Concrete Loading Dock - 8" Thick SOG 29.00 sqft 0.00 10 Demo Concrete Stair System w/ Metal Railing (Treads: 4EA) 45.00 sqft 0.00 2400 BP-Demolition 320,000 3000 BP-Concrete 12 Drilled Pier 24" dia - Cased = 29 Ea @ 25' Overall Depth 725.00 lnft 135.00 /lnft 97,875 12 Drilled Pier 24" dia - Cased = 8 Ea @ 25' Overall Depth at Covered Parking 200.00 lnft 135.00 /lnft 27,000 81 Supplemental Layout Verification 1.00 lsum 2,500.00 /lsum 2,500 404 Grade Beam 24" x 24" at Ramp Perimeter 317.00 lnft 150.00 /lnft 47,550 404 Grade Beam / Perimeter Wall 24" x 60" at Sallyport 341.00 lnft 300.00 /lnft 102,300 456 Slab On Grade 8" (over structural fill) at Sallyport 2,408.00 sqft 8.00 /sqft 19,264 456 Slab On Grade Ramp 8" (over structural fill) at Sallyport 1,802.00 sqft 9.00 /sqft 16,218 456 Slab On Grade Pedestrian Ramp 5" (over structural fill) at Sallyport 455.00 sqft 7.00 /sqft 3,185 468 CIP Concrete Site Stair Steps (On Grade) per LF nosing 45.00 lnft 45.00 /lnft 2,025 468 Install Concrete Filled Pipe Bollards 12.00 each 250.00 /each 3,000 468 Paving: 5" Concrete at North Covered Parking 2,795.00 sqft 5.27 /sqft 14,730 468 Paving: 5" Concrete at Northeast Parking Addition 3,488.00 sqft 5.27 /sqft 18,382 1090 ADA Ramp Insert 2.00 each 750.00 /each 1,500 3000 BP-Concrete 355,528 4000 BP-Masonry 10 Scaffolding for Masonry Work Access at 18' Ht 2,553.00 sqft 4.00 /sqft 10,212 us DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 3 Denton Police HQ Renov RFP ROM 01 2/3/2020 8:19 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 4000 BP-Masonry 145 Face Brick at Sallyport at 18' Ht 2,553.00 sqft 25.00 /sqft 63,825 145 CMU 8x8x16 at Sallyport at 18' Ht 2,553.00 sqft 18.00 /sqft 45,954 4000 BP-Masonry 119,991 5000 BP-Structural Steel 70 Structural Steel (8# per SqFt at Sallyport 2,408 sqft) - with premium for small scope 9.70 tons 5,500.00 /tons 53,350 70 Miscellaneous Steel (15% of Structural)1.50 tons 6,500.00 /tons 9,750 70 Step Nosing Mtrl 45.00 tons 175.00 /tons 7,875 70 Galv Railing at Pedestrian Stairs and Ramps 173.00 lnft 100.00 /lnft 17,300 70 Vehicular Guardrail at (2) Vehicle Ramps 144.00 lnft 75.00 /lnft 10,800 125 Bollard 12.00 each 175.00 /each 2,100 5000 BP-Structural Steel 101,175 6100 BP-Rough Carpentry 101 Wood Blocking - Roof Perimeter at Sallyport 159.00 lnft 25.00 /lnft 3,975 101 Wood Blocking - Millwork Support 7,333.00 sqft 5.50 /sqft 40,332 101 Wood Blocking - Toilet Accessories, FE, Handrails, Etc. 1,500.00 lnft 5.50 /lnft 8,250 101 Temporary Protection Allowance for Adjacent Spaces 1.00 lsum 10,000.00 /lsum 10,000 6100 BP-Rough Carpentry 62,557 6200 BP-Finish Carpentry 454 Display Cases 7' Ht 39.00 lnft 400.00 /lnft 15,600 10 P-Lam Base Cabinets 269.00 lnft 350.00 /lnft 94,150 10 P-Lam Upper Cabinets 269.00 lnft 200.00 /lnft 53,800 10 Full-Height Shelving Units 246.00 lnft 250.00 /lnft 61,500 10 Full-Height Storage Cubbies 8.00 lnft 250.00 /lnft 2,000 10 Reception / Lobby Desk & Transaction Counter Allowance 1.00 lsum 12,000.00 /lsum 12,000 10 Full-Height Wall Cabinet 291.00 lnft 275.00 /lnft 80,025 10 Records Storage / Filing Cabinet 6' Ht 207.00 lnft 250.00 /lnft 51,750 10 Full-Height Custodial Storage Shelving Units 32.00 lnft 250.00 /lnft 8,000 10 Full-Height Quartermaster Storage Shelving Units 32.00 lnft 250.00 /lnft 8,000 10 Solid Surface Countertops - Solid Surface Countertop w/ 4" Backsplash - Free Standing 60.00 sqft 110.00 /sqft 6,600 10 Solid Surface Countertops at Base Cabinets 599.00 sqft 75.00 /sqft 44,925 6200 BP-Finish Carpentry 438,350 7152 BP-Waterproofing 167 Bituminous Dampproofing on CMU 2,553.00 sqft 2.00 /sqft 5,106 ----12" Through-Wall Flashing 150.00 lnft 6.00 /lnft 900 ----Rigid Insulation 2,553.00 sqft 3.50 /sqft 8,936 ----Fluid-Applied Air Barrier 2,553.00 sqft 3.80 /sqft 9,701 ----Building Sealant 2,408.00 lnft 2.75 /lnft 6,622 7152 BP-Waterproofing 31,265 7410 BP-Roofing 120 Single-ply TPO Membrane at Sallyport 2,408.00 sqft 9.00 /sqft 21,672 120 Coping Cap 159.00 lnft 18.00 /lnft 2,862 7410 BP-Roofing 24,534 7800 BP-Fireproofing DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 4 Denton Police HQ Renov RFP ROM 01 2/3/2020 8:19 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 7800 BP-Fireproofing 125 Fireproofing - EXCLUDED 0.00 sqft 0.00 8100 BP-Doors, Frames, & Hardware 114 HM Doorframe 215.00 each 225.00 /each 48,375 114 HM Door Leaf 43.00 each 350.00 /each 15,050 114 WD Door Leaf 174.00 each 400.00 /each 69,600 114 Door Hardware per Leaf 217.00 each 1,500.00 /each 325,500 114 Install Doors & Hardware per Leaf 217.00 each 225.00 /each 48,825 8100 BP-Doors, Frames, & Hardware 507,350 8330 BP-OH Doors 324 Coil Door: 8' x 6'-6"2.00 each 6,500.00 /each 13,000 340 Coil Door: 10' x 8'-6"4.00 each 12,000.00 /each 48,000 356 Coil Door: 10' x 18'-6"1.00 each 15,000.00 /each 15,000 356 Pass-Thru Coiling Counter Door 4' x 7'1.00 each 3,500.00 /each 3,500 8330 BP-OH Doors 79,500 8400 BP-Glass&Glazing 40 Door Hardware for Alum Doors per Leaf 1.00 each 1,800.00 /each 1,800 58 Storefront Exterior 243.00 sqft 65.00 /sqft 15,795 58 Storefront Interior x 36" Ht 24.00 sqft 55.00 /sqft 1,320 58 Storefront Transaction Window with Bullet-Resistant 41.00 sqft 220.00 /sqft 9,020 64 Storefront Door: 3- 0x 7-0 1.00 each 1,950.00 /each 1,950 8400 BP-Glass&Glazing 29,885 9210 BP-Drywall/Acoustics 110 Drywall Interior Partitions 80,259.00 sqft 12.50 /sqft 1,003,238 110 Suspended Gyp Ceiling 6,426.00 sqft 8.80 /sqft 56,549 110 ACT - Standard 45,488.00 sqft 6.50 /sqft 295,672 9210 BP-Drywall/Acoustics 1,355,458 9300 BP-Tile 430 Porcelain Tile Floor 3,594.00 sqft 18.00 /sqft 64,692 440 Porcelain Tile Wall - 8' AFF 8,608.00 sqft 18.75 /sqft 161,400 9300 BP-Tile 226,092 9650 BP-Resilient Flooring 80 Vinyl Base - Standard Thin Profile 14,363.00 lnft 1.75 /lnft 25,135 80 Carpet Tile Flooring 4,134.00 sqyd 45.00 /sqyd 186,030 9650 BP-Resilient Flooring 211,165 462.425 Labor hours 9900 BP-Painting 212 Paint Walls (Wall Surface Area)159,531.00 sqft 1.60 /sqft 255,250 212 Paint Gyp Ceiling 6,426.00 sqft 1.86 /sqft 11,952 212 Paint Exposed Structure Ceiling 6,978.00 sqft 2.75 /sqft 19,190 212 Paint Doorframe 215.00 each 175.00 /each 37,625 212 Paint Door 43.00 each 250.00 /each 10,750 212 Polished & Sealed Concrete Floor 19,502.00 sqft 4.75 /sqft 92,635 212 Protect Polished & Sealed Concrete Floor 19,502.00 sqft 1.50 /sqft 29,253 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 5 Denton Police HQ Renov RFP ROM 01 2/3/2020 8:19 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 9900 BP-Painting 456,654 10000 BP-Specialties 120 Toilet Partitions: Solid Surface 17.00 each 1,400.00 /each 23,800 150 Urinal Partitions: Solid Surface 2.00 each 400.00 /each 800 100 Robe Hook 15.00 each 15.00 /each 225 120 Baby Changing Station 2.00 each 325.00 /each 650 180 Paper Towel Dispenser 11.00 each 250.00 /each 2,750 190 Soap Dispenser 13.00 each 60.00 /each 780 200 Framed Mirror 15.00 each 450.00 /each 6,750 510 Shower Grab Bar Set 2.00 each 250.00 /each 500 510 Shower HC Bench Seat 2.00 each 300.00 /each 600 560 Grab Bar 36"13.00 each 140.00 /each 1,820 570 Grab Bar 42"13.00 each 160.00 /each 2,080 850 Sanitary Napkin Disposal 13.00 each 125.00 /each 1,625 1680 Shower Curtain & Rod 4.00 each 60.00 /each 240 2200 Toilet Paper Dispenser 17.00 each 150.00 /each 2,550 114 Fire Extinguisher Cabinet - recessed 20 lb 17.00 each 310.00 /each 5,270 156 Fire Extinguisher CO2 20 lb 17.00 each 175.00 /each 2,975 40 Locker Bench Seat 48"17.00 each 500.00 /each 8,500 10000 BP-Specialties 61,915 10110 BP-Visual Display 60 Room Signage 217.00 each 175.00 /each 37,975 10110 BP-Visual Display 37,975 10730 BP-Protective Covers ----Alum Carport Canopies 2,874.00 sqft 17.00 /sqft 48,858 10730 BP-Protective Covers 48,858 11400 BP-Foodservice Equipment 1210 Appliances EXCLUDED (Owner Furnished / Owner Installed) 0.00 each 0.00 1510 Foodservice Equipment EXCLUDED (Owner Furnished / Owner Installed) 0.00 each 0.00 11530 BP-Lab Equipment ----30 Unit Mailbox 1.00 each 1,100.00 /each 1,100 ----Bike Track - Wall Mount 1.00 each 525.00 /each 525 ----Cash Drawer Tray 1.00 each 150.00 /each 150 ----Deal Drawer 1.00 each 1,350.00 /each 1,350 ----Intercom Speaker Microphone 1.00 each 1,600.00 /each 1,600 ----Stainless Steel Work Table 1.00 each 500.00 /each 500 ----Evidence Locker 3.00 each 6,500.00 /each 19,500 ----Training Fitness Mats EXCLDUED as FFE / OFOI 0.00 each 0.00 ----Refridgerated Evidence Locker 1.00 each 28,200.00 /each 28,200 ----Forensic Cabinet, Counter Mount 1.00 each 5,000.00 /each 5,000 ----Chemical Fume Hood - Evidence Processing 1.00 each 8,000.00 /each 8,000 ----Fume Hood - Powder 1.00 each 7,000.00 /each 7,000 ----48" Evidence Drying Cabinet - Ducted - Evidence Processing 1.00 each 7,500.00 /each 7,500 ----HAZMAT / Solvent Storage 3.00 each 1,500.00 /each 4,500 ----Personnel Duty Lockers - Bike Officers 20.00 each 1,000.00 /each 20,000 ----Personnel Duty Lockers - Locker Room 176.00 each 1,000.00 /each 176,000 ----Personnel Duty Lockers - Duty Locker Area 18.00 each 1,000.00 /each 18,000 ----Stackable Weapons Rack (10 Long Guns per Unit) 16.00 each 1,600.00 /each 25,600 ----Freestanding Metal Storeage Shelving 7' Ht 12.00 each 750.00 /each 9,000 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 6 Denton Police HQ Renov RFP ROM 01 2/3/2020 8:19 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 11530 BP-Lab Equipment ----Wall-Mount Pistol Lockers (4 Pistol Compartments per Unit) 9.00 each 1,550.00 /each 13,950 58 Lab Grade Base Cabinets 103.00 lnft 500.00 /lnft 51,500 58 Lab Grade Wall Cabinets 21.00 lnft 400.00 /lnft 8,400 58 Interogation Table EXCLDUED as FFE / OFOI 8.00 each 58 Office Desks & Cabinets EXCLDUED as FFE / OFOI 741.00 lnft 58 Epoxy Resin Countertops at Crime Scene Lab 205.00 sqft 110.00 /sqft 22,550 11530 BP-Lab Equipment 429,925 11650 BP-Athletic Equipment 216 Athletic Equipment - EXCLUDED (Owner Furnished / Owner Installed) 0.00 lsum 12200 BP-Window Treatment 15 Window Shades - Manual 243.00 sqft 10.00 /sqft 2,430 12200 BP-Window Treatment 2,430 13300 BP-Special Structures 9372 Spec 134900 RF Shielding Allowance for One (1) Room w/ 2 Doors 1.00 lsum 28,000.00 /lsum 28,000 13300 BP-Special Structures 28,000 21000 BP-Fire Protection 92 Sprinkler System - Reworking Existing, with New Drop Locations 51,885.00 sqft 2.00 /sqft 103,770 21000 BP-Fire Protection 103,770 22000 BP-Plumbing Systems 62 Plumbing 1.00 lsum 213,050.00 /lsum 213,050 22000 BP-Plumbing Systems 213,050 23000 BP-HVAC Systems 69 HVAC System 1.00 lsum 497,125.00 /lsum 497,125 23000 BP-HVAC Systems 497,125 26000 BP-Electrical Systems 52 Electrical Demolition 1.00 lsum 25,375.00 /lsum 25,375 52 Mechanical Power & Connections 1.00 lsum 36,650.00 /lsum 36,650 52 Electrical Distribution w/ Panels, Breakers, Transformer 1.00 lsum 22,836.00 /lsum 22,836 52 Power w/ Conduit, Wiring, Receptacles 1.00 lsum 241,450.00 /lsum 241,450 104 Temporary Electrical During Construction 1.00 lsum 28,750.00 /lsum 28,750 129 Lighting 1.00 lsum 452,000.00 /lsum 452,000 129 Lighting Controls 1.00 lsum 96,050.00 /lsum 96,050 5 Tele Data / Communication System Rough-In 1.00 lsum 23,450.00 /lsum 23,450 ----Audio Visual System Rough-In 1.00 lsum 7,500.00 /lsum 7,500 17 Fire Alarm System 1.00 lsum 273,150.00 /lsum 273,150 26000 BP-Electrical Systems 1,207,211 27100 BP-Communications 5 Communication System 51,885.00 sqft 7.25 /sqft 376,166 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 7 Denton Police HQ Renov RFP ROM 01 2/3/2020 8:19 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 27100 BP-Communications 376,166 27400 BP-Audio/Video ----Audio Visual System 51,885.00 sqft 3.85 /sqft 199,757 27400 BP-Audio/Video 199,757 28000 BP-Security 20 Security & Access Control System - EXCLUDED (By Owner for Existing Facility) 0.00 sqft 0.00 31000 BP-Earthwork 13 Site Work Allowance 1.00 lsum 15,000.00 /lsum 15,000 13 Subgrade Preparation 1,295.00 sqyd 6.10 /sqyd 7,900 13 Finish Grade Site 1,295.00 sqyd 5.60 /sqyd 7,252 13 Imported Select Fills per CuYd at Sallyport & Ramps 1,065.00 cuyd 26.50 /cuyd 28,223 13 Demo Existing Concrete Paving w/ Haul for New Sallyport 570.00 sqyd 6.00 /sqyd 3,420 13 Demo Existing Concrete Paving w/ Haul for Parking Areas 725.00 sqyd 6.00 /sqyd 4,350 31000 BP-Earthwork 66,144 31005 BP-Enabling 1 Construction Entrance - Install and Remove 1.00 each 3,500.00 /each 3,500 1 Silt Fence 1,500.00 lnft 2.50 /lnft 3,750 1 Supplemental Layout & Re-Establish Benchmarks 1.00 each 3,000.00 /each 3,000 1 Inlet Protection 2.00 each 1,500.00 /each 3,000 1 Barricades & Traffic Control for Site Security & Safety 8.00 mnth 750.00 /mnth 6,000 31005 BP-Enabling 19,250 0.847 Labor hours 31313 BP-Termite Treatment 10 Termite Treatment 2,408.00 sqft 0.15 /sqft 361 31313 BP-Termite Treatment 361 32172 BP-Pavement Markings 05 Parking Stall Lines - Changing Stall Direction 16.00 each 5.50 /each 88 05 Parking Stall Lines - New / Refresh at Existing Secure Parking North 106.00 each 5.50 /each 583 05 Parking Stall Lines - New / Refresh at Existing Secure Parking Southeast 52.00 each 5.50 /each 286 ----Power Wash for Removal of Existing Markings & Prep for New 1.00 lsum 2,500.00 /lsum 2,500 32172 BP-Pavement Markings 3,457 32300 BP-Site Improvements 105 Security Fence at SE Parking Area - 8' Ameristar Montage Plus 3 Rail 313.00 lnft 110.00 /lnft 34,430 105 Security Sliding Gate w/ Operators, Drivers, and Exit Loops at SE Parking Area (Total for 35' Drive Aisle) - 8' Ameristar Montage Plus 3 Rail 2.00 each 22,500.00 /each 45,000 105 Security Sliding Gate w/ Operators, Drivers, and Exit Loops at Rear Drives - 8' Ameristar Montage Plus 3 Rail 2.00 lnft 22,500.00 /lnft 45,000 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 8 Denton Police HQ Renov RFP ROM 01 2/3/2020 8:19 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 32300 BP-Site Improvements 124,430 32900 BP-Landscaping/Irrigation 5 Landscaping & Irrigation - Minimal Allowance 1.00 lsum 15,000.00 /lsum 15,000 32900 BP-Landscaping/Irrigation 15,000 33000 BP-Site Utilities 506 Storm Drain Allowance for Connection of Sallyport Drains 1.00 lsum 20,000.00 /lsum 20,000 33000 BP-Site Utilities 20,000 0.071 Labor hours * unassigned *7,774,329 463.343 Labor hours DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 1 Denton Police Sub-Station RFP ROM 01 2/3/2020 8:20 AM Project name Denton Police Sub-Station RFP ROM 01 Report format Sorted by 'Location/Bid Pkg #' 'Detail' summary DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 2 Denton Police Sub-Station RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount * unassigned * 0000 BP-General Conditions ----General Conditions - See Summary 0.00 lsum - 0001 BP-General Requirements 100 General Requirements - See Summary 0.00 lsum 0.00 0003 BP-Temporary Construction 10 Temporary Construction - See Summary 0.00 lsum - 3000 BP-Concrete 12 Drilled Pier 24" dia x 25' Overall Depth - Cased (136ea = 1 pier per 200sqft) 3,400.00 lnft 135.00 /lnft 459,000 12 Drilled Pier 24" dia - Cased = 24 Ea @ 25' Overall Depth at Covered Parking 600.00 lnft 135.00 /lnft 81,000 81 Supplemental Layout Verification 1.00 lsum 2,500.00 /lsum 2,500 404 Grade Beam 24" x 30" (Assumed as Bldg Perimeter + 25%) 1,022.00 lnft 155.00 /lnft 158,410 456 8" Slab-On-Void 27,116.00 sqft 9.50 /sqft 257,602 468 Pier Caps 2'-6" x 2'-6" x 2'-6" deep (Assumed for 60% of Piers) 82.00 each 1,250.00 /each 102,500 468 Paving: 5" Concrete 27,854.00 sqft 5.80 /sqft 161,553 1084 Paving: 4" Concrete Sidewalks 2,291.00 sqft 7.10 /sqft 16,266 1086 Paving: 6" Concrete Drive Aisle 56,093.00 sqft 6.30 /sqft 353,386 1090 ADA Ramp Insert 4.00 each 750.00 /each 3,000 114 Concrete Curb 6"4,769.00 lnft 12.50 /lnft 59,613 3000 BP-Concrete 1,654,830 476.90 Labor hours 4000 BP-Masonry 145 Brick Veneer 10,667.00 sqft 25.00 /sqft 266,675 145 12" CMU 4,350.00 sqft 20.00 /sqft 87,000 145 Stone Veneer 2,766.00 sqft 34.00 /sqft 94,044 4000 BP-Masonry 447,719 5000 BP-Structural Steel 70 Structural Steel (8# per SqFt at 27,116 sqft)109.00 tons 4,500.00 /tons 490,500 70 Miscellaneous Steel (15% of Structural)16.50 tons 6,500.00 /tons 107,250 5000 BP-Structural Steel 597,750 6100 BP-Rough Carpentry 101 Wood Blocking - Roof Perimeter / Fascia 1,054.00 lnft 16.50 /lnft 17,391 101 Wood Blocking - Toilet Accessories, FE, Handrails, Etc. 500.00 lnft 5.50 /lnft 2,750 101 Wood Blocking at Millwork 2,138.00 bdft 6.50 /bdft 13,897 6100 BP-Rough Carpentry 34,038 6200 BP-Finish Carpentry 10 P-Lam Base Cabinets 62.00 lnft 350.00 /lnft 21,700 10 P-Lam Upper Cabinets 83.00 lnft 200.00 /lnft 16,600 10 Full-Height Storage Cubbies 8.00 lnft 250.00 /lnft 2,000 10 Full-Height Wall Cabinet 102.00 lnft 275.00 /lnft 28,050 10 Full-Height Shelving Units 48.00 lnft 250.00 /lnft 12,000 10 Records Storage / Filing Cabinet 6' Ht 96.00 lnft 250.00 /lnft 24,000 10 Full-Height Custodial Storage Shelving Units 21.00 lnft 250.00 /lnft 5,250 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 3 Denton Police Sub-Station RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 6200 BP-Finish Carpentry 10 Full-Height Quartermaster Storage Shelving Units 57.00 lnft 250.00 /lnft 14,250 10 Solid Surface Countertops - Solid Surface Countertop w/ 4" Backsplash - Free Standing 58.00 sqft 110.00 /sqft 6,380 10 Solid Surface Countertops at Base Cabinets 128.00 sqft 75.00 /sqft 9,600 10 Reception / Lobby Desk & Transaction Counter Allowance 1.00 lsum 8,000.00 /lsum 8,000 6200 BP-Finish Carpentry 147,830 7152 BP-Waterproofing 167 Bituminous Dampproofing on CMU 2,766.00 sqft 2.00 /sqft 5,532 ----Rigid Insulation 14,095.00 sqft 3.50 /sqft 49,333 ----Fluid-Applied Air Barrier 11,329.00 sqft 3.80 /sqft 43,050 ----Building Sealant 27,125.00 lnft 2.75 /lnft 74,594 ----12" Through-Wall Flashing 700.00 lnft 6.00 /lnft 4,200 7152 BP-Waterproofing 176,708 7410 BP-Roofing 120 Standing Seam Roof 27,728.00 sqft 10.00 /sqft 277,280 120 Single-ply TPO Membrane 1,677.00 sqft 9.00 /sqft 15,093 120 Roof Perimeter / Fascia 1,054.00 lnft 18.00 /lnft 18,972 120 Gutter & Downspout 1,112.00 lnft 8.00 /lnft 8,896 7410 BP-Roofing 320,241 7420 BP-Wall Panels 112 Metal Soffit Panels with Framing 1,347.00 sqft 80.00 /sqft 107,760 7420 BP-Wall Panels 107,760 7800 BP-Fireproofing 125 Fireproofing - EXCLUDED 0.00 sqft 0.00 8100 BP-Doors, Frames, & Hardware 114 HM Doorframe 85.00 each 225.00 /each 19,125 114 HM Door Leaf 17.00 each 350.00 /each 5,950 114 WD Door Leaf 74.00 each 400.00 /each 29,600 114 Door Hardware per Leaf 91.00 each 1,500.00 /each 136,500 114 Install Doors & Hardware per Leaf 91.00 each 225.00 /each 20,475 8100 BP-Doors, Frames, & Hardware 211,650 8330 BP-OH Doors 340 Coil Door: 10' x 8'2.00 each 12,000.00 /each 24,000 8330 BP-OH Doors 24,000 8400 BP-Glass&Glazing 40 Door Hardware for Alum Doors per Leaf 2.00 each 1,800.00 /each 3,600 58 Storefront Exterior 1,576.00 sqft 65.00 /sqft 102,440 66 Storefront Door: Pr 3- 0x 7-0 with Panic Devices 1.00 each 5,500.00 /each 5,500 280 Curtain Wall Exterior 673.00 sqft 90.00 /sqft 60,570 8400 BP-Glass&Glazing 172,110 9210 BP-Drywall/Acoustics 103 Drywall Exterior Partitions 11,329.00 sqft 18.00 /sqft 203,922 110 Drywall Interior Partitions 34,790.00 sqft 12.50 /sqft 434,875 110 Suspended Gyp Ceiling 3,681.00 sqft 8.80 /sqft 32,393 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 4 Denton Police Sub-Station RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 9210 BP-Drywall/Acoustics 110 ACT - Standard 20,563.00 sqft 6.50 /sqft 133,660 9210 BP-Drywall/Acoustics 804,849 9300 BP-Tile 430 Porcelain Tile Floor 2,767.00 sqft 18.00 /sqft 49,806 440 Porcelain Tile Wall - 8' AFF 5,584.00 sqft 18.75 /sqft 104,700 9300 BP-Tile 154,506 9650 BP-Resilient Flooring 80 Vinyl Base - Standard Thin Profile 5,567.00 lnft 1.75 /lnft 9,742 80 Carpet Tile Flooring 1,892.00 sqyd 45.00 /sqyd 85,140 9650 BP-Resilient Flooring 94,882 186.475 Labor hours 9900 BP-Painting 212 Paint Walls (Wall Surface Area)76,494.00 sqft 1.60 /sqft 122,390 212 Paint Gyp Ceiling 3,681.00 sqft 1.86 /sqft 6,847 212 Paint Exposed Ceiling 624.00 sqft 2.75 /sqft 1,716 212 Paint Doorframe 85.00 each 175.00 /each 14,875 212 Paint Door 17.00 each 250.00 /each 4,250 212 Polished & Sealed Concrete Floor 5,344.00 sqft 4.75 /sqft 25,384 212 Protect Polished & Sealed Concrete Floor 5,344.00 sqft 1.50 /sqft 8,016 9900 BP-Painting 183,478 10000 BP-Specialties 120 Toilet Partitions: Solid Surface 12.00 each 1,400.00 /each 16,800 150 Urinal Partitions: Solid Surface 2.00 each 400.00 /each 800 100 Robe Hook 12.00 each 15.00 /each 180 120 Baby Changing Station 2.00 each 325.00 /each 650 180 Paper Towel Dispenser 8.00 each 250.00 /each 2,000 190 Soap Dispenser 12.00 each 60.00 /each 720 200 Framed Mirror 12.00 each 450.00 /each 5,400 510 Shower Grab Bar Set 2.00 each 250.00 /each 500 510 Shower HC Bench Seat 2.00 each 300.00 /each 600 560 Grab Bar 36"8.00 each 140.00 /each 1,120 570 Grab Bar 42"8.00 each 160.00 /each 1,280 850 Sanitary Napkin Disposal 9.00 each 125.00 /each 1,125 1680 Shower Curtain & Rod 4.00 each 60.00 /each 240 2200 Toilet Paper Dispenser 12.00 each 150.00 /each 1,800 10 Knox Box 1.00 each 750.00 /each 750 114 Fire Extinguisher Cabinet - recessed 20 lb 9.00 each 310.00 /each 2,790 156 Fire Extinguisher CO2 20 lb 9.00 each 175.00 /each 1,575 116 Flagpole Allowance 3.00 each 4,000.00 /each 12,000 10000 BP-Specialties 50,330 10110 BP-Visual Display 50 Exterior Cast Lettering - Backlit Letter 2' Ht / EA 6.00 each 2,200.00 /each 13,200 50 Exterior Cast Lettering - Backlit Letter 1' Ht / EA 16.00 each 1,800.00 /each 28,800 60 Room Signage 91.00 each 175.00 /each 15,925 10110 BP-Visual Display 57,925 10730 BP-Protective Covers ----Prefab Canopy - Wall-Mounted on North Elevation 203.00 sqft 75.00 /sqft 15,225 ----Alum Carport Canopies 9,194.00 sqft 17.00 /sqft 156,298 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 5 Denton Police Sub-Station RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 10730 BP-Protective Covers 171,523 11530 BP-Lab Equipment ----Personnel Duty Lockers 22.00 each 1,000.00 /each 22,000 ----Evidence Locker 3.00 each 6,500.00 /each 19,500 58 Interogation Table EXCLDUED as FFE / OFOI 8.00 each 58 Office Desks & Cabinets EXCLDUED as FFE / OFOI 741.00 lnft 58 Epoxy Resin Countertops at Crime Scene Lab 36.00 sqft 110.00 /sqft 3,960 58 Lab Grade Base Cabinets 17.00 lnft 500.00 /lnft 8,500 11530 BP-Lab Equipment 53,960 11650 BP-Athletic Equipment 216 Athletic Equipment - EXCLUDED (Owner Furnished / Owner Installed) 0.00 lsum 0.00 12200 BP-Window Treatment 15 Window Shades - Manual 1,576.00 sqft 10.00 /sqft 15,760 12200 BP-Window Treatment 15,760 21000 BP-Fire Protection 80 Fire Pump & Equipment - EXCLUDED 0.00 lsum 0.00 80 Fire Transfer Switch - EXCLUDED 0.00 lsum 0.00 92 Sprinkler System - Wet /SF 27,125.00 sqft 3.00 /sqft 81,375 21000 BP-Fire Protection 81,375 22000 BP-Plumbing Systems 62 Plumbing 1.00 lsum 212,155.00 /lsum 212,155 22000 BP-Plumbing Systems 212,155 23000 BP-HVAC Systems 69 HVAC System 1.00 lsum 495,025.00 /lsum 495,025 23000 BP-HVAC Systems 495,025 26000 BP-Electrical Systems 52 Mechanical Power & Connections 1.00 lsum 63,125.00 /lsum 63,125 52 Site Lighting & Electrical 1.00 lsum 75,000.00 /lsum 75,000 52 Electrical Distribution w/ Panels, Breakers, Transformer 1.00 lsum 129,500.00 /lsum 129,500 52 Power w/ Conduit, Wiring, Receptacles 1.00 lsum 206,300.00 /lsum 206,300 52 Feeders 1.00 lsum 86,025.00 /lsum 86,025 104 Temporary Electrical During Construction 1.00 lsum 13,975.00 /lsum 13,975 129 Lighting 1.00 lsum 212,075.00 /lsum 212,075 129 Lighting Controls 1.00 lsum 42,900.00 /lsum 42,900 1088 Lightning Protection 1.00 lsum 10,450.00 /lsum 10,450 1088 Grounding 1.00 lsum 6,075.00 /lsum 6,075 328 Emergency Distribution w/ Panels, Transformer (Genset with Firing Range) 1.00 each 26,775.00 /each 26,775 5 Tele Data / Communication System Rough-In 1.00 lsum 20,475.00 /lsum 20,475 ----Audio Visual System Rough-In 1.00 lsum 5,000.00 /lsum 5,000 17 Fire Alarm System per Building SF 1.00 lsum 50,350.00 /lsum 50,350 20 Security & Access Control System Rough-In 1.00 lsum 7,675.00 /lsum 7,675 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 6 Denton Police Sub-Station RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 26000 BP-Electrical Systems 955,700 80.00 Labor hours 27100 BP-Communications 5 Communication System 27,125.00 sqft 7.25 /sqft 196,656 27100 BP-Communications 196,656 27400 BP-Audio/Video ----Audio Visual System 27,125.00 sqft 3.85 /sqft 104,431 27400 BP-Audio/Video 104,431 28000 BP-Security 20 Security & Access Control System 27,125.00 sqft 5.25 /sqft 142,406 28000 BP-Security 142,406 31000 BP-Earthwork 13 Finish Grade Site 9,327.00 sqyd 5.60 /sqyd 52,231 13 Lime Stabilization 8" at 6%9,327.00 sqyd 8.75 /sqyd 81,611 13 Haul Topsoil Spoils to Stock Pile 2,097.00 cuyd 5.10 /cuyd 10,695 13 Haul Bldg Pad Spoils to Off Site 1,363.00 cuyd 16.00 /cuyd 21,808 13 Sawcut & Remove Existing Curbs 60.00 lnft 8.00 /lnft 480 13 Clear and Grub Site -Medium Brush/A 6.57 acre 5,500.00 /acre 36,135 13 Backfill Against Curbs 4,769.00 lnft 5.60 /lnft 26,706 13 Subgrade Preparation 3,145.00 sqyd 6.10 /sqyd 19,185 13 Finish Grade Site at Building 3,145.00 sqyd 5.60 /sqyd 17,612 13 Cut/Fill Direct On Site 10,596.00 cuyd 12.00 /cuyd 127,152 13 Haul Topsoil Spoils to Off Site 1,820.00 cuyd 16.00 /cuyd 29,120 13 Respread Topsoil Spoils from Stock Pile 2,097.00 cuyd 5.10 /cuyd 10,695 31000 BP-Earthwork 433,430 31005 BP-Enabling 1 Construction Entrance - Install and Remove 2.00 each 3,500.00 /each 7,000 1 Silt Fence 2,190.00 lnft 2.50 /lnft 5,475 1 Supplemental Layout & Re-Establish Benchmarks 2.00 each 4,000.00 /each 8,000 1 Tree Protection - EXCLUDED 0.00 each 0.00 1 Inlet Protection - EXCLUDED 0.00 each 0.00 31005 BP-Enabling 20,475 1.229 Labor hours 31313 BP-Termite Treatment 10 Termite Treatment 27,116.00 sqft 0.10 /sqft 2,712 31313 BP-Termite Treatment 2,712 32172 BP-Pavement Markings 05 Parking Stall Lines 170.00 each 5.50 /each 935 35 Handicap Symbol 5.00 each 85.00 /each 425 50 Wheel Stop: PC Concrete 6'5.00 each 125.00 /each 625 62 Parking Signage 5.00 each 200.00 /each 1,000 ----Power Wash Prior to Markings 1.00 lsum 2,500.00 /lsum 2,500 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 7 Denton Police Sub-Station RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 32172 BP-Pavement Markings 5,485 9.665 Labor hours 32900 BP-Landscaping/Irrigation 5 Landscaping & Irrigation Allowance 6.57 acre 40,000.00 /acre 262,800 32900 BP-Landscaping/Irrigation 262,800 33000 BP-Site Utilities 20 Site Utilities Allowance 6.57 acre 50,000.00 /acre 328,500 33000 BP-Site Utilities 328,500 * unassigned *8,723,000 754.269 Labor hours DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 1 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Project name Denton Police Firing Range RFP ROM 01 Report format Sorted by 'Location/Bid Pkg #' 'Detail' summary DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 2 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount * unassigned * 0000 BP-General Conditions ----General Conditions - See Summary 0.00 lsum - 0001 BP-General Requirements 100 General Requirements - See Summary 0.00 lsum 0003 BP-Temporary Construction 10 Temporary Construction - See Summary 0.00 lsum - 2400 BP-Demolition 10 Building Demolition Complete /SF 0.00 sqft 0.00 10 Interior Demolition /SF 0.00 sqft 0.00 3000 BP-Concrete 12 Drilled Pier 24" dia x 25' Overall Depth - Cased (88ea = 1 pier per 200sqft) 2,200.00 lnft 135.00 /lnft 297,000 404 Grade Beam 24" x 30" (Assumed as Bldg Perimeter + 25%) 813.00 lnft 155.00 /lnft 126,015 456 8" Slab-On-Void 17,467.00 sqft 9.50 /sqft 165,937 468 Pier Caps 2'-6" x 2'-6" x 2'-6" deep (Assumed for 50% of Piers) 44.00 each 1,250.00 /each 55,000 468 Monument Sign Foundation 1.00 lsum 3,000.00 /lsum 3,000 468 Paving: 5" Concrete 3,774.00 sqft 5.80 /sqft 21,889 1084 Paving: 4" Concrete Sidewalks 1,786.00 sqft 7.10 /sqft 12,681 1086 Paving: 6" Concrete Drive Aisle 3,184.00 sqft 6.30 /sqft 20,059 1090 ADA Ramp Insert 1.00 each 750.00 /each 750 114 Concrete Curb 6"374.00 lnft 12.50 /lnft 4,675 3000 BP-Concrete 707,005 37.40 Labor hours 4000 BP-Masonry 145 Brick Veneer Wainscott 3' High 1,947.00 sqft 25.00 /sqft 48,675 145 12" CMU 9,704.00 sqft 20.00 /sqft 194,080 145 8" CMU 2,424.00 sqft 18.00 /sqft 43,632 4000 BP-Masonry 286,387 5000 BP-Structural Steel 70 Structural Steel (8# per SqFt at 17,467 sqft)70.00 tons 4,500.00 /tons 315,000 70 Miscellaneous Steel (15% of Structural)10.50 tons 6,500.00 /tons 68,250 5000 BP-Structural Steel 383,250 6100 BP-Rough Carpentry 101 Wood Blocking 500.00 bdft 6.50 /bdft 3,250 101 Wood Blocking - Roof Perimeter 606.00 lnft 16.50 /lnft 9,999 101 Wood Blocking - Toilet Accessories, FE, Handrails, Etc. 250.00 lnft 5.50 /lnft 1,375 101 Wood Blocking - Millwork 596.00 bdft 6.50 /bdft 3,874 6100 BP-Rough Carpentry 18,498 6200 BP-Finish Carpentry 10 P-Lam Base Cabinets 41.00 lnft 350.00 /lnft 14,350 10 P-Lam Upper Cabinets 18.00 lnft 200.00 /lnft 3,600 10 Reception / Lobby Desk & Transaction Counter Allowance 1.00 lsum 8,000.00 /lsum 8,000 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 3 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 6200 BP-Finish Carpentry 10 Records Storage / Filing Cabinet 6' Ht 8.00 lnft 250.00 /lnft 2,000 10 Full-Height Storage Cubbies 31.00 lnft 250.00 /lnft 7,750 10 Solid Surface Countertops - Solid Surface Countertop w/ 4" Backsplash - Free Standing 70.00 sqft 110.00 /sqft 7,700 10 Solid Surface Countertops at Base Cabinets 93.00 sqft 75.00 /sqft 6,975 6200 BP-Finish Carpentry 50,375 7152 BP-Waterproofing 167 Bituminous Dampproofing on Sheathing 11,585.00 sqft 2.00 /sqft 23,170 ----Rigid Insulation 2,489.00 sqft 3.50 /sqft 8,712 ----Fluid-Applied Air Barrier 2,489.00 sqft 3.80 /sqft 9,458 ----Building Sealant 17,459.00 lnft 2.75 /lnft 48,012 ----12" Through-Wall Flashing 606.00 lnft 6.00 /lnft 3,636 7152 BP-Waterproofing 92,988 7410 BP-Roofing 120 Single-ply TPO Membrane 16,994.00 sqft 9.00 /sqft 152,946 120 Walk Mats 900.00 sqft 5.00 /sqft 4,500 120 Roof Hatch 1.00 each 4,500.00 /each 4,500 120 Coping Cap 606.00 lnft 18.00 /lnft 10,908 7410 BP-Roofing 172,854 7800 BP-Fireproofing 125 Fireproofing - EXCLUDED 0.00 sqft 0.00 8100 BP-Doors, Frames, & Hardware 114 HM Doorframe 18.00 each 225.00 /each 4,050 114 HM Door Leaf 8.00 each 350.00 /each 2,800 114 WD Door Leaf 10.00 each 400.00 /each 4,000 114 Door Hardware per Leaf 18.00 each 1,800.00 /each 32,400 114 Install Doors & Hardware per Leaf 18.00 each 225.00 /each 4,050 8100 BP-Doors, Frames, & Hardware 47,300 8330 BP-OH Doors 324 Coil Door: 8' x 6'-6"2.00 each 6,500.00 /each 13,000 8330 BP-OH Doors 13,000 8400 BP-Glass&Glazing 40 Door Hardware for Alum Doors per Leaf 1.00 each 1,800.00 /each 1,800 58 Storefront Exterior 197.00 sqft 65.00 /sqft 12,805 58 Storefront Interior 126.00 sqft 50.00 /sqft 6,300 64 Storefront Door: 3- 0x 7-0 1.00 each 1,950.00 /each 1,950 8400 BP-Glass&Glazing 22,855 9210 BP-Drywall/Acoustics 103 Drywall Exterior Partitions 2,489.00 sqft 18.00 /sqft 44,802 110 Drywall Interior Partitions 4,753.00 sqft 12.50 /sqft 59,413 110 Suspended Gyp Ceiling 445.00 sqft 8.80 /sqft 3,916 110 ACT - Standard 2,936.00 sqft 6.50 /sqft 19,084 9210 BP-Drywall/Acoustics 127,215 9300 BP-Tile 430 Porcelain Tile Floor 404.00 sqft 18.00 /sqft 7,272 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 4 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 9300 BP-Tile 440 Porcelain Tile Wall - 8' AFF 1,216.00 sqft 18.75 /sqft 22,800 9300 BP-Tile 30,072 9650 BP-Resilient Flooring 80 Vinyl Base - Standard Thin Profile 1,402.00 lnft 1.75 /lnft 2,454 9650 BP-Resilient Flooring 2,454 35.05 Labor hours 9900 BP-Painting 212 Paint Walls (Wall Surface Area)29,875.00 sqft 1.60 /sqft 47,800 212 Paint Exposed Ceiling 13,271.00 sqft 2.75 /sqft 36,495 212 Paint Doorframe 18.00 each 175.00 /each 3,150 212 Paint Door 8.00 each 250.00 /each 2,000 212 Polished & Sealed Concrete Floor 16,397.00 sqft 4.75 /sqft 77,886 212 Protect Polished & Sealed Concrete Floor 16,397.00 sqft 1.50 /sqft 24,596 9900 BP-Painting 191,927 10000 BP-Specialties 80 Markerboard 4x8 5.00 each 500.00 /each 2,500 120 Toilet Partitions: Solid Surface 3.00 each 1,400.00 /each 4,200 100 Robe Hook 4.00 each 15.00 /each 60 180 Paper Towel Dispenser 3.00 each 250.00 /each 750 190 Soap Dispenser 5.00 each 60.00 /each 300 200 Framed Mirror 5.00 each 450.00 /each 2,250 560 Grab Bar 36"3.00 each 140.00 /each 420 570 Grab Bar 42"3.00 each 160.00 /each 480 850 Sanitary Napkin Disposal 3.00 each 125.00 /each 375 2200 Toilet Paper Dispenser 4.00 each 150.00 /each 600 10 Knox Box 1.00 each 750.00 /each 750 114 Fire Extinguisher Cabinet - recessed 20 lb 6.00 each 310.00 /each 1,860 156 Fire Extinguisher CO2 20 lb 6.00 each 175.00 /each 1,050 10000 BP-Specialties 15,595 10110 BP-Visual Display 60 Room Signage 20.00 each 175.00 /each 3,500 60 Monument Sign Allowance 1.00 each 7,500.00 /each 7,500 10110 BP-Visual Display 11,000 11000 BP-Specialty Equipment ----Tactical Firing Range Equipment - 50 Yard Range 1.00 lsum 1,230,000.00 /lsum 1,230,000 -----69' wide Granulated Rubber Berm 1.00 lsum -----Proprietary Flame-Seal class-A fire retardant coating 1.00 lsum -----Fifteen (15) high speed turning targets (various options) 1.00 lsum -----Master screen and wireless tablet control 1.00 lsum -----DRM Pro dual running man target 1.00 lsum -----Rifle rated overhead tactical baffles, 3/8" AR500 steel with plywood and acoustical tile fascia 1.00 lsum -----Ballistic combat walls near bullet trap (12' per wall) 1.00 lsum -----2" PEPP acoustical tiles on the back and side walls of the range (8' tall) 1.00 lsum -----Freight and factory installation 1.00 lsum DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 5 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 11000 BP-Specialty Equipment 1,230,000 11400 BP-Foodservice Equipment 1210 Appliances EXCLUDED (Owner Furnished / Owner Installed) 0.00 each - 12200 BP-Window Treatment 15 Window Shades - Manual 197.00 sqft 10.00 /sqft 1,970 12200 BP-Window Treatment 1,970 21000 BP-Fire Protection 80 Fire Pump & Equipment - EXCLUDED 0.00 lsum 0.00 80 Fire Transfer Switch - EXCLUDED 0.00 lsum 0.00 92 Sprinkler System - Wet /SF 17,759.00 sqft 3.00 /sqft 53,277 21000 BP-Fire Protection 53,277 22000 BP-Plumbing Systems 62 Plumbing (lsum bid)1.00 lsum 31,425.00 /lsum 31,425 22000 BP-Plumbing Systems 31,425 23000 BP-HVAC Systems 69 HVAC for Admin Building and Non-Range Areas 1.00 lsum 73,325.00 /lsum 73,325 110 Shooting Range HVAC System for the 50yd Range 1.00 lsum 594,500.00 /lsum 594,500 110 - Shooting Range HVAC System -Two (2) overhead systems working in tandem (single controller) 0.00 lsum 0.00 110 - Shooting Range HVAC System -Heating and cooling 0.00 lsum 110 - Shooting Range HVAC System -Recirculating system 0.00 lsum 110 - Shooting Range HVAC System -3 stage filtration, including HEPA 0.00 lsum 110 - Shooting Range HVAC System -Meets or exceeds all NIOSH, OSHA, and NRA range and lead safety standards 0.00 lsum 110 - Shooting Range HVAC System -Assumed 8' clear-height bellow baffles 0.00 lsum 110 - Shooting Range HVAC System -Freight, and full factory installation 0.00 lsum 23000 BP-HVAC Systems 667,825 26000 BP-Electrical Systems 52 Mechanical Power & Connections 1.00 lsum 41,788.00 /lsum 41,788 52 Site Lighting & Electrical (with Substation)0.00 lsum 0.00 52 Electrical Distribution w/ Panels, Breakers, Transformer 1.00 lsum 131,085.00 /lsum 131,085 52 Branch Power w/ Wiring, Receptacles 1.00 lsum 148,973.00 /lsum 148,973 52 System w/ Conduit 1.00 lsum 93,400.00 /lsum 93,400 52 Feeders 1.00 lsum 73,673.00 /lsum 73,673 104 Temporary Electrical During Construction 1.00 lsum 12,825.00 /lsum 12,825 129 Lighting (Admin, and General Lighting for Range)1.00 lsum 114,542.00 /lsum 114,542 129 Lighting Controls 1.00 lsum 21,814.00 /lsum 21,814 129 Lighting & Controls Premium for Range Area (Addition to Base) 1.00 lsum 60,000.00 /lsum 60,000 1088 Lightning Protection 1.00 lsum 6,208.00 /lsum 6,208 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 6 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 26000 BP-Electrical Systems 1088 Grounding 1.00 lsum 3,970.00 /lsum 3,970 328 Emergency Distribution w/ 500Kw Genset, Panels, Transformer 1.00 each 526,700.00 /each 526,700 5 Tele Data / Communication System Rough-In 1.00 lsum 14,558.00 /lsum 14,558 ----Audio Visual System Rough-In 1.00 lsum 1,533.00 /lsum 1,533 17 Fire Alarm System per Building SF 1.00 lsum 60,735.00 /lsum 60,735 20 Security & Access Control System Rough-In 1.00 lsum 7,718.00 /lsum 7,718 26000 BP-Electrical Systems 1,319,522 80.00 Labor hours 27100 BP-Communications 5 Communication System : Admin Area + 20% of Range Area 6,760.00 sqft 7.25 /sqft 49,010 27100 BP-Communications 49,010 27400 BP-Audio/Video ----Audio Visual System : Admin Area + 20% of Range Area 6,760.00 sqft 3.85 /sqft 26,026 27400 BP-Audio/Video 26,026 28000 BP-Security 20 Security & Access Control System : Admin Area + 20% of Range Area 6,760.00 sqft 5.25 /sqft 35,490 28000 BP-Security 35,490 31000 BP-Earthwork 13 Clear and Grub Site -Medium Brush/A 2.09 acre 5,500.00 /acre 11,495 13 Backfill Against Curbs 374.00 lnft 5.60 /lnft 2,094 13 Subgrade Preparation 3,135.00 sqyd 6.10 /sqyd 19,124 13 Finish Grade Site at Building 3,135.00 sqyd 5.60 /sqyd 17,556 13 Lime Stabilization 8" at 6%773.00 sqyd 8.75 /sqyd 6,764 13 Haul Topsoil Spoils to Stock Pile 238.00 cuyd 5.10 /cuyd 1,214 13 Haul Bldg Pad Spoils to Off Site 1,359.00 cuyd 16.00 /cuyd 21,744 13 Cut/Fill Direct On Site 3,366.00 cuyd 12.00 /cuyd 40,392 13 Finish Grade Site 773.00 sqyd 5.60 /sqyd 4,329 13 Haul Topsoil Spoils to Off Site 1,135.00 cuyd 16.00 /cuyd 18,160 13 Respread Topsoil Spoils from Stock Pile 238.00 cuyd 5.10 /cuyd 1,214 31000 BP-Earthwork 144,085 31005 BP-Enabling 1 Construction Entrance - Install and Remove 1.00 each 3,500.00 /each 3,500 1 Silt Fence 1,491.00 lnft 2.50 /lnft 3,728 1 Supplemental Layout & Re-Establish Benchmarks 1.00 each 3,000.00 /each 3,000 1 Tree Protection - EXCLUDED 0.00 each 0.00 1 Inlet Protection - EXCLUDED 0.00 each 0.00 31005 BP-Enabling 10,228 0.836 Labor hours 31313 BP-Termite Treatment 10 Termite Treatment 17,467.00 sqft 0.10 /sqft 1,747 31313 BP-Termite Treatment 1,747 32172 BP-Pavement Markings DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 7 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 32172 BP-Pavement Markings 05 Parking Stall Lines 20.00 each 5.50 /each 110 35 Handicap Symbol 2.00 each 85.00 /each 170 50 Wheel Stop: PC Concrete 6'2.00 each 125.00 /each 250 62 Parking Signage 2.00 each 200.00 /each 400 ----Power Wash Prior to Markings (Included in Substation) 0.00 sqft 0.00 32172 BP-Pavement Markings 930 3.866 Labor hours 32900 BP-Landscaping/Irrigation 5 Landscaping & Irrigation Allowance 2.09 acre 40,000.00 /acre 83,600 32900 BP-Landscaping/Irrigation 83,600 33000 BP-Site Utilities 20 Site Utilities Allowance 2.09 acre 50,000.00 /acre 104,500 33000 BP-Site Utilities 104,500 * unassigned *5,932,408 157.152 Labor hours 01 ADD 100 Yard Range 3000 BP-Concrete 12 Drilled Pier 24" dia x 25' Overall Depth - Cased (14ea = 1 pier per 200sqft) 350.00 lnft 135.00 /lnft 47,250 404 Grade Beam 24" x 30" (Assumed as Bldg Perimeter + 25%) 478.00 lnft 155.00 /lnft 74,090 456 8" Slab-On-Void 2,714.00 sqft 9.50 /sqft 25,783 468 Pier Caps - EXCLUDED for 100yd Alternate due to narrow width of Addition 0.00 each 0.00 3000 BP-Concrete 147,123 4000 BP-Masonry 145 Brick Veneer Wainscott 3' High 1,088.00 sqft 25.00 /sqft 27,200 145 12" CMU 9,466.00 sqft 20.00 /sqft 189,320 4000 BP-Masonry 216,520 5000 BP-Structural Steel 70 Structural Steel (8# per SqFt at 2,714 sqft)11.00 tons 4,500.00 /tons 49,500 70 Miscellaneous Steel (15% of Structural)1.70 tons 6,500.00 /tons 11,050 5000 BP-Structural Steel 60,550 6100 BP-Rough Carpentry 101 Wood Blocking - Roof Perimeter 592.00 lnft 16.50 /lnft 9,768 101 Wood Blocking - Millwork 84.00 bdft 6.50 /bdft 546 6100 BP-Rough Carpentry 10,314 6200 BP-Finish Carpentry 10 P-Lam Base Cabinets 17.00 lnft 350.00 /lnft 5,950 10 Solid Surface Countertops at Base Cabinets 39.00 sqft 75.00 /sqft 2,925 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 8 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 6200 BP-Finish Carpentry 10 Solid Surface Countertops - Solid Surface Countertop w/ 4" Backsplash - Free Standing 41.00 sqft 110.00 /sqft 4,510 6200 BP-Finish Carpentry 13,385 7152 BP-Waterproofing 167 Bituminous Dampproofing on Sheathing 6,860.00 sqft 2.00 /sqft 13,720 ----Rigid Insulation 617.00 sqft 3.50 /sqft 2,160 ----Fluid-Applied Air Barrier 617.00 sqft 3.80 /sqft 2,345 ----Building Sealant 5,507.00 lnft 2.75 /lnft 15,144 ----12" Through-Wall Flashing 592.00 lnft 6.00 /lnft 3,552 7152 BP-Waterproofing 36,920 7410 BP-Roofing 120 Single-ply TPO Membrane 10,545.00 sqft 9.00 /sqft 94,905 120 Coping Cap 592.00 lnft 18.00 /lnft 10,656 7410 BP-Roofing 105,561 8100 BP-Doors, Frames, & Hardware 114 HM Doorframe 5.00 each 225.00 /each 1,125 114 HM Door Leaf 3.00 each 350.00 /each 1,050 114 WD Door Leaf 1.00 each 400.00 /each 400 114 Door Hardware per Leaf 4.00 each 1,800.00 /each 7,200 114 Install Doors & Hardware per Leaf 4.00 each 225.00 /each 900 8100 BP-Doors, Frames, & Hardware 10,675 8400 BP-Glass&Glazing 58 Interior Storefront with Ballistic Glass 16.00 sqft 220.00 /sqft 3,520 8400 BP-Glass&Glazing 3,520 9210 BP-Drywall/Acoustics 103 Drywall Exterior Partitions 617.00 sqft 18.00 /sqft 11,106 110 Drywall Interior Partitions 828.00 sqft 12.50 /sqft 10,350 110 Suspended Gyp Ceiling 117.00 sqft 8.80 /sqft 1,030 110 ACT - Standard 196.00 sqft 6.50 /sqft 1,274 9210 BP-Drywall/Acoustics 23,760 9650 BP-Resilient Flooring 80 Vinyl Base - Standard Thin Profile 879.00 lnft 1.75 /lnft 1,538 9650 BP-Resilient Flooring 1,538 21.975 Labor hours 9900 BP-Painting 212 Polished & Sealed Concrete Floor 10,371.00 sqft 4.75 /sqft 49,262 212 Paint Walls (Wall Surface Area)19,408.00 sqft 1.60 /sqft 31,053 212 Paint Exposed Ceiling 10,098.00 sqft 2.75 /sqft 27,770 212 Protect Polished & Sealed Concrete Floor 10,371.00 sqft 1.50 /sqft 15,557 212 Paint Doorframe 5.00 each 175.00 /each 875 212 Paint Door 3.00 each 250.00 /each 750 9900 BP-Painting 125,266 10000 BP-Specialties DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 9 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 10000 BP-Specialties 100 Robe Hook 1.00 each 15.00 /each 15 180 Paper Towel Dispenser 1.00 each 250.00 /each 250 190 Soap Dispenser 1.00 each 60.00 /each 60 200 Framed Mirror 1.00 each 450.00 /each 450 560 Grab Bar 36"1.00 each 140.00 /each 140 570 Grab Bar 42"1.00 each 160.00 /each 160 850 Sanitary Napkin Disposal 1.00 each 125.00 /each 125 2200 Toilet Paper Dispenser 1.00 each 150.00 /each 150 10000 BP-Specialties 1,350 10110 BP-Visual Display 60 Room Signage 5.00 each 175.00 /each 875 10110 BP-Visual Display 875 11000 BP-Specialty Equipment ----Tactical Firing Range Equipment - 100 Yard Range 1.00 lsum 1,025,000.00 /lsum 1,025,000 -----30' wide Granulated Rubber Berm 1.00 lsum -----Proprietary Flame-Seal class-A fire retardant coating 1.00 lsum -----Five (5) high speed turning targets (various options) 1.00 lsum -----Master screen and wireless tablet control 1.00 lsum -----DRM Pro dual running man target 1.00 lsum -----Rifle rated overhead tactical baffles, 3/8" AR500 steel with plywood and acoustical tile fascia 1.00 lsum -----Ballistic combat walls near bullet trap (12' per wall) 1.00 lsum -----2" PEPP acoustical tiles on the back and side walls of the range (8' tall) 1.00 lsum -----Freight and factory installation 1.00 lsum ----NOTE: Options exist for reduced cost, such as providing a Fixed firing line at 100 yards, and Tactical starting at 50 yards (for fewer baffles) 1.00 lsum 11000 BP-Specialty Equipment 1,025,000 21000 BP-Fire Protection 92 Sprinkler System - Wet /SF 11,014.00 sqft 3.00 /sqft 33,042 21000 BP-Fire Protection 33,042 22000 BP-Plumbing Systems 62 Plumbing 1.00 lsum 3,450.00 /lsum 3,450 22000 BP-Plumbing Systems 3,450 23000 BP-HVAC Systems 69 HVAC for Admin Building and Non-Range Areas 1.00 lsum 8,050.00 /lsum 8,050 110 Shooting Range HVAC System for the 100yd Range 1.00 lsum 276,750.00 /lsum 276,750 110 - Shooting Range HVAC System -Two (2) overhead systems working in tandem (single controller) 0.00 lsum 110 - Shooting Range HVAC System -Heating and cooling 0.00 lsum 110 - Shooting Range HVAC System -Recirculating system 0.00 lsum DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Standard Estimate Report Page 10 Denton Police Firing Range RFP ROM 01 2/3/2020 8:20 AM Item Description Takeoff Qty Subcontract Unit Cost Total Amount 23000 BP-HVAC Systems 110 - Shooting Range HVAC System -3 stage filtration, including HEPA 0.00 lsum 110 - Shooting Range HVAC System -Meets or exceeds all NIOSH, OSHA, and NRA range and lead safety standards 0.00 lsum 110 - Shooting Range HVAC System -Assumed 8' clear-height bellow baffles 0.00 lsum 110 - Shooting Range HVAC System -Freight, and full factory installation 0.00 lsum 23000 BP-HVAC Systems 284,800 26000 BP-Electrical Systems 52 Mechanical Power & Connections 1.00 lsum 26,362.00 /lsum 26,362 52 Site Lighting & Electrical (with Substation)0.00 lsum 52 Electrical Distribution w/ Panels, Breakers, Transformer 1.00 lsum 14,565.00 /lsum 14,565 52 Branch Power w/ Wiring, Receptacles 1.00 lsum 16,552.00 /lsum 16,552 52 Feeders 1.00 lsum 46,477.00 /lsum 46,477 104 Temporary Electrical During Construction 1.00 lsum 1,425.00 /lsum 1,425 129 Lighting (Admin, and General Lighting for Range)1.00 lsum 72,258.00 /lsum 72,258 129 Lighting Controls 1.00 lsum 13,761.00 /lsum 13,761 129 Lighting & Controls Premium for Range Area (Addition to Base) 1.00 lsum 50,000.00 /lsum 50,000 1088 Lightning Protection 1.00 lsum 3,917.00 /lsum 3,917 1088 Grounding 1.00 lsum 2,505.00 /lsum 2,505 328 Emergency Distribution w/ 500Kw Genset, Panels, Transformer 1.00 each 0.00 5 Tele Data / Communication System Rough-In 1.00 lsum 1,617.00 /lsum 1,617 ----Audio Visual System Rough-In 1.00 lsum 967.00 /lsum 967 17 Fire Alarm System per Building SF 1.00 lsum 38,315.00 /lsum 38,315 20 Security & Access Control System Rough-In 1.00 lsum 857.00 /lsum 857 26000 BP-Electrical Systems 289,578 80.00 Labor hours 31313 BP-Termite Treatment 10 Termite Treatment 2,714.00 sqft 0.10 /sqft 271 31313 BP-Termite Treatment 271 01 ADD 100 Yard Range 2,393,499 101.975 Labor hours 02 ADD Upgrade Bullet Trap 11000 BP-Specialty Equipment ----Upgrade from Rubber Berm to Total Containment Trap. Add $250,000 for the 50yd Range 1.00 lsum 250,000.00 /lsum 250,000 ----Upgrade from Rubber Berm to Total Containment Trap. Add $100,000 for the 100yd Range 1.00 lsum 100,000.000 /lsum 100,000 11000 BP-Specialty Equipment 350,000 02 ADD Upgrade Bullet Trap 350,000 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Quantity Take-Off4 DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 3' 25' 2"102' 8' 1"5' 36' 2"35' 11"03300 Concrete - Drilled Pier 24" x 25'-0" - Q1 25 EA ; Q2 625 LF ; Q3 73 CY03300 Concrete - Grade Beam x 5'-0" Ht (at Sallyport) - Q1 341 LF ; Q2 63 CY03300 Concrete - Slab on Grade Area on Structural Select Fill (at Sallyport) - Q1 2,408 SF ; Q2 248 LF03300 Concrete - Slab on Grade Ramp Area (Structural Select Fill) - Q1 1,802 SF ; Q2 244 LF03300 Concrete - Grade Beam x 2'-0" Ht (Ramp Perimeter) - Q1 251 LF ; Q2 46 CY03300 Concrete - Slab on Grade Area on Structural Select Fill (at Pedestrian Ramp & Landing) - Q1 310 SF ; Q2 91 LF04200 Masonry - CMU & Face Brick x 17' Ht - Q1 150 LF ; Q2 2,553 SF05100 Steel - Galv Railing at Pedestrian Stairs and Ramp - Q1 110 LF05100 Steel - Structural Steel Roof Area SF - Q1 2,408 SF ; Q2 248 LFA-101 Floor Plan - Area 'A'(1).tif (26% of Scale); Takeoff in Active Area: All Areas; Denton Police HQ Renov RFP - LH; Lee's 2020 QTO's; 1/30/2020 09:52 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E New Structure at Ramp03300 Concrete - Drilled Pier 24" x 25'-0" - Q1 4 EA ; Q2 100 LF ; Q3 12 CY03300 Concrete - Grade Beam x 2'-0" Ht (Ramp Perimeter) - Q1 67 LF ; Q2 12 CY03300 Concrete - Slab on Grade Area on Structural Select Fill (at Pedestrian Ramp & Landing) - Q1 145 SF ; Q2 68 LF05100 Steel - Galv Railing at Pedestrian Stairs and Ramp - Q1 63 LFA-102 Floor Plan - Area 'B'(1).tif (26% of Scale); Takeoff in Active Area: All Areas; Denton Police HQ Renov RFP - LH; Lee's 2020 QTO's; 1/30/2020 09:52 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 3' 3' 03300 Concrete - Slab on Void 6" - Overall Area - Q1 27,116 SF ; Q2 817 LF03300 Concrete - Drilled Pier 24" = 136 ea (Avg 1 per per each 200sqft) - Q1 1 EA ; Q2 0 LF03300 Concrete - Grade Beam 2' x 2.25 '= 1,022 lnft (=Perimeter + 25%) - Q1 1 EA03300 Concrete - Pier Caps 2.5' x 2.5' x 2.5' = 82 ea (60% of Piers) - Q1 1 EA05100 Steel - Structural Steel Area SF - Q1 27,116 SF ; Q2 817 LFA-001 - Overall Floor Plan(1).tif (36% of Scale); Takeoff in Active Area: Substation; Denton Police Substation & Firing Range RFP - LH; Lee's 2020 QTO's; 1/30/2020 09:49 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 60' 8"66' 8"03300 Concrete - Slab on Void 6" - Overall Area - Q1 17,467 SF ; Q2 650 LF03300 Concrete - Drilled Pier 24" = 88 ea (Avg 1 per per each 200sqft) - Q1 1 EA ; Q2 0 LF03300 Concrete - Pier Caps 2.5' x 2.5' x 2.5' = 44 ea (50% of Piers) - Q1 1 EA03300 Concrete - Grade Beam 2' x 2.25 '= 813 lnft (=Perimeter + 25%) - Q1 1 EA05100 Steel - Structural Steel Area SF - Q1 17,467 SF ; Q2 650 LFA-1 - CONCEPTUAL FLOOR PLAN(1).tif (36% of Scale); Takeoff in Active Area: Firing Range; Denton Police Substation & Firing Range RFP - LH; Lee's 2020 QTO's; 1/30/2020 09:49 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 03300 Concrete - Slab on Void 6" - Overall Area - Q1 2,714 SF ; Q2 382 LF03300 Concrete - Drilled Pier 24" = 14 ea (Avg 1 per per each 200sqft) - Q1 1 EA ; Q2 0 LF03300 Concrete - Grade Beam 2' x 2.25 '= 478 lnft (=Perimeter + 25%) - Q1 1 EA05100 Steel - Structural Steel Area SF - Q1 2,714 SF ; Q2 382 LFA-1A - BID ALTERNATE FLOOR PLAN(1).tif (36% of Scale); Takeoff in Active Area: Firing Range Alt 100 Yard; Denton Police Substation & Firing Range RFP - LH; Lee's 2020 QTO's; 1/30/2020 09:49 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 03'-00" Tall - Masonry Veneer (Stone/Brick) Wainscot - DEDUCT ALT 03'-00" Tall - Masonry Veneer (Stone/Brick) Wainscot Type Application 13'-00" Tall Bit. Damproofing @ Exterior CMU Wall - 2" Rigid - DEDUCT 16' Tall - 12" CMU - Exterior Partition 16'-00" Tall Bit. Damproofing @ Exterior CMU Wall - 2" Rigid Coping Cap & Associated Blocking (Area Qty is for Parapet Sheathing) Membrane Roof Side Walks 5" Side Walks 5" - DEDUCT for ALTDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 30' 10'-00" Interior Gyp. Wall Furring 12'-00" Interior Gyp. Partition (3-5/8" Studs) 15'-08" Ext. Gyp. Wall Furring - 2" Rigid Ins. - Vapor Barrier (ASSUMPTION) Base Cabinets Behind Base Cabinets (2 - 2x6) Behind Countertops (1 - 2x6) Exposed Ceiling - Painted Deck Gyp. Board Ceilings HM Doors - 3' wide Inclined Rubber Media Bullet Trap - 10'-00" (h) x 30'-00" (w) x 15'-00" (d) Interior Punched Storefront Window - 04'-00" x 04'-00" Solid Surface Countertop w/ 4" Backsplash - Free Standing Standard HM Frame Cased Opening CMU Partition (Single) - 07'-00" x 03'-00" Standard HM Frame in CMU Partition (Single) - 07'-00" x 03'-00" Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Structural Steel / SF - 100-yard Firing Range Structural Steel / SF - Lobby/Admin Wing Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wideDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 18' 10' 15' 10"15' 10' Ballistic Baffles (Ceiling) - Assuming 10-GA Steel over 1" Soft Wood Combat Wall System @ Interior Face of Firing Range Walls (Ref. Sheet A-3)DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 03'-00" Tall - Masonry Veneer (Stone/Brick) Wainscot Type Application 14'-10" Tall - 8" CMU Exterior Partition 14'-10" Tall Bit. Damproofing @ Exterior CMU Wall & 2" Rigid 16' Tall - 12" CMU - Exterior Partition 16'-00" Tall Bit. Damproofing @ Exterior CMU Wall - 2" Rigid Coping Cap & Associated Blocking (Area Qty is for Parapet Sheathing) Curb - Standard HC Ramps Membrane Roof Side Walks 5"DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 10'-00" Interior Gyp. Wall Furring 10'-00" Tall Ballistic Deflection Shield @ Firing Range Steel Columns 12' Tall - 8" CMU Exterior Partition 12'-00" Interior Gyp. Partition (3-5/8" Studs) 13'-10" Ext. Gyp. Wall Furring - 2" Rigid Ins. - Vapor Barrier (ASSUMPTION) 13'-10" Exterior Gyp. Wall Furring - 2" Rigid Insulation - Vapor Barrier Aluminum Storefront Doors Exposed Ceiling - Painted Deck Exterior Punched Storefront Window - 03'-06" x 03'-06" Exterior Punched Storefront Window - 04'-00" x 04'-00" Exterior Storefront System Firing Range - 50yd Range Firing Range - Admin Area Gyp. Board Ceilings HM Doors - 3' wide HM Doors - 4' wide Inclined Rubber Media Bullet Trap - 10'-00" (h) x 69'-00" (w) x 15'-00" (d) Interior Punched Storefront Window - 04'-00" x 04'-00" Interior Storefront System Monumental Signage - 24" x 72" Concrete Base; Ref. Drawing A-4 Overhead Coiling Door - 08'-00" (h) x 06'-06" (w) Sliding Glass Partition (Ref. Sheet A-2, Firing Range) - 08' (w) x 10' (h) Standard HM Frame in CMU Partition (Single) - 07'-00" x 03'-00" Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Structural Steel / SF - 50-yard Firing Range Structural Steel / SF - Lobby/Admin Wing WD Doors - 3' wide Wide HM Frame in CMU Partition (Single) - 07'-00" x 04'-00"DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Exposed Ceiling - Painted Deck Gyp. Board Ceilings Suspended Acoustical Ceiling Tiles - 24" x 24"DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Admin Office Desk w/ Base Cabinets Base Cabinets Behind Base Cabinets (2 - 2x6) Behind Countertops (1 - 2x6) Behind Grab Bars (1 - 2x6) Behind Marker Boards (2 - 2x6) Behind Mirrors (2 - 2x6) Behind Television Mounts (2 - 2x6) Behind Wall Cabinets (2 - 2x6) Full Height Storage Cabinet (4 - 2x6) Full Height Storage Cubbies - 8' Tall Full Height Storage Shelving (4 - 2x6) Receptionist/Lobby Desk w/ Raised Transaction Counter Solid Surface Countertop over Base Cabinets Solid Surface Countertop w/ 4" Backsplash - Free Standing Storage/Filing Cabinet - 6' Tall Wall CabinetsDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2' 10' 14' 10"12' 14' 13' 10"15' 8"10' 8' 6' Ballistic Baffles (Ceiling) - Assuming 10-GA Steel over 1" Soft Wood Combat Wall System @ Interior Face of Firing Range Walls (Ref. Sheet A-3)DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 3' 20' 3' 4' Demo Concrete Loading Dock - 36" Thick SOG Demo Concrete Loading Dock - 8" Thick SOG Demo Concrete Loading Dock Ramp Demo Concrete Stair System w/ Metal Railing (Treads: 4EA) Demo Existing Fire Hydrant Selective Demo Building (Int. Walls, Doors, Ceilings, Flooring, Etc.)DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2' 4' 2"3' 10'-00" Interior Gyp. Wall Furring 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Partition (6" Studs) 12'-00" Interior Gyp. Wall Furring 18'-00" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 18'-00" Tall Brick Veneer Aluminum Storefront Doors Exposed Ceiling - Painted Deck Exterior Storefront System - 96" Tall Gyp. Board Ceilings HM Doors - 3' wide Overhead Coiling Door - 08'-00" (h) x 06'-06" (w) Overhead Coiling Door - 10'-00" (h) x 08'-06" (w) Overhead Coiling Door - 10'-00" (h) x 18'-06" (w) Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wideDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2' 4' 2"3' "VERA BOX" (Evidence Processing) - ASSUMING OFOI Admin Office Desk w/ Base Cabinets Base Cabinets Behind Base Cabinets (2 - 2x6) Behind Countertops (1 - 2x6) Behind Full Height Wall Cabinets (4 - 2x6) Behind Wall Cabinets (2 - 2x6) Chemical Fuming Hood (Evidence Processing) - ASSUMING OFOI Conference Room Table - FF&E (OF/OI) - For Reference Only Cubicle / Office Desk / Work Stations - FF&E (OF/OI) - For Reference Only Cubicle / Work Stations - FF&E (OF/OI) - For Reference Only Drying Cabinet (Evidence Processing) - ASSUMING OFOI Epoxy Resin Laboratory Countertop @ Crime Scene Lab Full Height Freestanding Metal Storage Shelving - 7' Tall Full Height Storage Shelving (4 - 2x6) Full Height Storage Shelving - 7' Tall Full Height Wall Cabinet - 7' Tall Hazmat Storage Units Heavy-Duty Stackable Weapons Rack Storage Units - 45" H X 42" W X 16" D Heavy-Duty Wall-Mounted Pistol Lockers - 26" H X 13" W X 7" D Laboratory-Grade Base Cabinets Laboratory-Grade Wall Cabinets Lockers (4 - 2x6) RF Shielding Ceiling System RF Shielding Door - 3' wide RF Shielding Floor System RF Shielding Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" RF Shielding Wall System - Assuming 10' Tall Solid Surface Countertop over Base Cabinets Solid Surface Countertop w/ 4" Backsplash - Free Standing Wall CabinetsDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Demo Existing Ext. Steel Stair System (5 Treads & Landing) Selective Demo - PEMB Addition: 36" Concrete Slab, Roof, Ext. Walls, Struct Selective Demo Building (Int. Walls, Doors, Ceilings, Flooring, Etc.) Selective Demo Building (Sawcut & Remove Exist. 36" SOG )DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 1' 6" 10'-00" Interior Gyp. Wall Furring 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Partition (3-5/8" Studs) - Wet Wall 12'-00" Interior Gyp. Partition (6" Studs) 18'-00" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 18'-00" Tall Brick Veneer Exposed Ceiling - Painted Deck Gyp. Board Ceilings HM Doors - 3' wide Heavy-Duty Stackable Weapons Rack Storage Units - 45" H X 42" W X 16" D Heavy-Duty Wall-Mounted Pistol Lockers - 26" H X 13" W X 7" D Placeholder - Taken Off On Another Sheet Placeholder - Taken Off On Another Sheet Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wideDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 1' 6" Admin Office Desk w/ Base Cabinets Base Cabinets Behind Base Cabinets (2 - 2x6) Behind Changing Bench (2 - 2x6) Behind Countertops (1 - 2x6) Behind Wall Cabinets (2 - 2x6) Bench - Wall Mounted Classroom Desks - FF&E (OF/OI) - For Reference Only Conference Room Table - FF&E (OF/OI) - For Reference Only Cubicle / Office Desk / Work Stations - FF&E (OF/OI) - For Reference Only Full Height Storage Shelving (4 - 2x6) Full Height Storage Shelving - 7' Tall Locker Room Bench - Floor Mounted Lockers (4 - 2x6) Solid Surface Countertop over Base Cabinets Solid Surface Countertop w/ 4" Backsplash - Free Standing Wall CabinetsDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Demo Existing Ext. Steel Stair System (5 Treads & Landing) Selective Demo - PEMB Addition: 36" Concrete Slab, Roof, Ext. Walls, Struct Selective Demo Building (Int. Walls, Doors, Ceilings, Flooring, Etc.) Selective Demo Building (Sawcut & Remove Exist. 7" SOG )DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 3' 10'-00" Interior Gyp. Wall Furring 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Partition (3-5/8" Studs) - Wet Wall 12'-00" Interior Gyp. Partition (6" Studs) 18'-00" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 18'-00" Tall Brick Veneer 18'-00" Wall Furring Gyp. Partition (6" Studs) - Interior Gyp. Board Ceilings HM Doors - 3' wide Placeholder - Taken Off On Another Sheet Placeholder - Taken Off On Another Sheet Standard HM Frame in Gyp. Partition (Pair) - 07'-00" x 06'-00" Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wide 10'-00" Interior Gyp. Wall Furring 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Partition (3-5/8" Studs) - Wet Wall 12'-00" Interior Gyp. Partition (6" Studs) 18'-00" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 18'-00" Tall Brick Veneer 18'-00" Wall Furring Gyp. Partition (6" Studs) - Interior Gyp. Board Ceilings HM Doors - 3' wide Placeholder - Taken Off On Another Sheet Placeholder - Taken Off On Another Sheet Standard HM Frame in Gyp. Partition (Pair) - 07'-00" x 06'-00" Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wideDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 3' Admin Office Desk w/ Base Cabinets Base Cabinets Behind Base Cabinets (2 - 2x6) Behind Full Height Wall Cabinets (4 - 2x6) Behind Wall Cabinets (2 - 2x6) Conference Room Table - FF&E (OF/OI) - For Reference Only Cubicle / Office Desk / Work Stations - FF&E (OF/OI) - For Reference Only Full Height Storage Shelving (4 - 2x6) Full Height Storage Shelving - 7' Tall Full Height Wall Cabinet - 7' Tall Solid Surface Countertop over Base Cabinets Wall Cabinets Admin Office Desk w/ Base Cabinets Base Cabinets Behind Base Cabinets (2 - 2x6) Behind Full Height Wall Cabinets (4 - 2x6) Behind Wall Cabinets (2 - 2x6) Conference Room Table - FF&E (OF/OI) - For Reference Only Cubicle / Office Desk / Work Stations - FF&E (OF/OI) - For Reference Only Full Height Storage Shelving (4 - 2x6) Full Height Storage Shelving - 7' Tall Full Height Wall Cabinet - 7' Tall Solid Surface Countertop over Base Cabinets Wall CabinetsDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Selective Demo Building (Int. Walls, Doors, Ceilings, Flooring, Etc.)DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 10'-00" Interior Gyp. Wall Furring 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Partition (3-5/8" Studs) - Wet Wall 12'-00" Interior Gyp. Partition (6" Studs) Exposed Ceiling - Painted Deck Gyp. Board Ceilings HM Doors - 3' wide Interior Storefront System - Assuming 36" Tall Interior Transaction Window System - Assuming 72" Tall Placeholder - Taken Off On Another Sheet Placeholder - Taken Off On Another Sheet Standard HM Frame in Gyp. Partition (Pair) - 07'-00" x 06'-00" Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wideDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Admin Office Desk w/ Base Cabinets Base Cabinets Behind Base Cabinets (2 - 2x6) Behind Countertops (1 - 2x6) Behind Full Height Wall Cabinets (4 - 2x6) Behind Wall Cabinets (2 - 2x6) Conference Room Table - FF&E (OF/OI) - For Reference Only Cubicle / Office Desk / Work Stations - FF&E (OF/OI) - For Reference Only Epoxy Resin Laboratory Countertop @ Crime Scene Lab Full Height Custodial Storage Shelving - 7' Tall Full Height Quarter Master Storage Shelving - 7' Tall Full Height Storage Cabinet (4 - 2x6) Full Height Storage Cubbies - 8' Tall Full Height Storage Shelving (4 - 2x6) Full Height Wall Cabinet - 7' Tall Laboratory-Grade Base Cabinets Lockers (4 - 2x6) Receptionist/Lobby Desk w/ Raised Transaction Counter Records Storage/Filing Cabinet - 6' Tall Solid Surface Countertop over Base Cabinets Solid Surface Countertop w/ 4" Backsplash - Free Standing Transaction Countertop Wall CabinetsDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Selective Demo Building (Int. Walls, Doors, Ceilings, Flooring, Etc.) Selective Demo Building (Raised Access Floor System to be Removed)DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 7' 10'-00" Interior Gyp. Wall Furring 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Partition (3-5/8" Studs) - Wet Wall 18'-00" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 18'-00" Tall Brick Veneer Exposed Ceiling - Painted Deck Gyp. Board Ceilings HM Doors - 3' wide Interior Pass-thru Coiling Counter Door - 04'-00" (h) x 07'-00" (w) Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wideDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 7' Admin Office Desk w/ Base Cabinets Base Cabinets Behind Base Cabinets (2 - 2x6) Behind Countertops (1 - 2x6) Behind Display Cases (4 - 2x6) Behind Full Height Wall Cabinets (4 - 2x6) Behind Wall Cabinets (2 - 2x6) Conference Room Table - FF&E (OF/OI) - For Reference Only Cubicle / Office Desk / Work Stations - FF&E (OF/OI) - For Reference Only Display Cases - 7' Tall Full Height Storage Cabinet (4 - 2x6) Full Height Storage Shelving (4 - 2x6) Full Height Storage Shelving - 7' Tall Full Height Wall Cabinet - 7' Tall Interrogation Table - Wall & Floor Mounted Records Storage/Filing Cabinet - 6' Tall Solid Surface Countertop over Base Cabinets Solid Surface Countertop w/ 4" Backsplash - Free Standing Wall CabinetsDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 1' 8"1' 8"1' 6"1' 8"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4"1' 4" Bldg Footprint Membrane Roof Metal Fascia - 18" Tall Metal Roof w/ Plywood - (Slope: 3.3:12) w/ 16" Eave Overhang Metal Soffit Panels Structural Steel / SF - Admin Area (Police Sub-Station) Bldg Footprint Membrane Roof Metal Fascia - 18" Tall Metal Roof w/ Plywood - (Slope: 3.3:12) w/ 16" Eave Overhang Metal Soffit Panels Structural Steel / SF - Admin Area (Police Sub-Station)DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 3' 3' 25' "VERA BOX" (Evidence Processing) - ASSUMING OFOI 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Partition (3-5/8" Studs) - Wet Wall 12'-00" Interior Gyp. Partition (6" Studs) 12'-00" Interior Gyp. Wall Furring 15'-04" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 15'-04" Tall - 12" CMU - Interior Partition 15'-04" Tall - Masonry Veneer (Brick) 23'-06" Tall - 12" CMU - Interior Partition Chemical Fuming Hood (Evidence Processing) - ASSUMING OFOI Drying Cabinet (Evidence Processing) - ASSUMING OFOI Exposed Ceiling - Painted Deck Gyp. Board Ceilings HM Doors - 3' wide Overhead Coiling Door - 10'-00" (h) x 08'-00" (w) Standard HM Frame in CMU Partition (Pair) - 07'-00" x 06'-00" Standard HM Frame in CMU Partition (Single) - 07'-00" x 03'-00" Standard HM Frame in Gyp. Partition (Pair) - 07'-00" x 06'-00" Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wide "VERA BOX" (Evidence Processing) - ASSUMING OFOI 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Partition (3-5/8" Studs) - Wet Wall 12'-00" Interior Gyp. Partition (6" Studs) 12'-00" Interior Gyp. Wall Furring 15'-04" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 15'-04" Tall - 12" CMU - Interior Partition 15'-04" Tall - Masonry Veneer (Brick) 23'-06" Tall - 12" CMU - Interior Partition Chemical Fuming Hood (Evidence Processing) - ASSUMING OFOI Drying Cabinet (Evidence Processing) - ASSUMING OFOI Exposed Ceiling - Painted Deck Gyp. Board Ceilings HM Doors - 3' wide Overhead Coiling Door - 10'-00" (h) x 08'-00" (w) Standard HM Frame in CMU Partition (Pair) - 07'-00" x 06'-00" Standard HM Frame in CMU Partition (Single) - 07'-00" x 03'-00" Standard HM Frame in Gyp. Partition (Pair) - 07'-00" x 06'-00" Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wideDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 1' 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Wall Furring 15'-04" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 15'-04" Tall - 12" CMU - Interior Partition 15'-04" Tall - Masonry Veneer (Brick) 16' Tall - 12" CMU - Exterior Partition Exposed Ceiling - Painted Deck Gyp. Board Ceilings HM Doors - 3' wide Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wide 12'-00" Interior Gyp. Partition (3-5/8" Studs) 12'-00" Interior Gyp. Wall Furring 15'-04" Exterior Gyp. Partition (6" Studs) - Air/Weather Barrier - 2" Rigid 15'-04" Tall - 12" CMU - Interior Partition 15'-04" Tall - Masonry Veneer (Brick) 16' Tall - 12" CMU - Exterior Partition Exposed Ceiling - Painted Deck Gyp. Board Ceilings HM Doors - 3' wide Standard HM Frame in Gyp. Partition (Single) - 07'-00" x 03'-00" Suspended Acoustical Ceiling Tiles - 24" x 24" WD Doors - 3' wideDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 1' 4"1' 4"1' 4"1' 4"1' 6"1' 4"1' 4"1' 4" Bit. Damproofing @ Exterior CMU Wall & 2" Rigid / SF Curtain Wall Down Spouts Exterior Clerestory Opening - Storefront Window Exterior Partition - 12" CMU / SF Exterior Punched Opening - Storefront Window Exterior Storefront System / SF Gutters Prefab Surface Mounted Canopy System Stone Veneer Per SF Bit. Damproofing @ Exterior CMU Wall & 2" Rigid / SF Curtain Wall Down Spouts Exterior Clerestory Opening - Storefront Window Exterior Partition - 12" CMU / SF Exterior Punched Opening - Storefront Window Exterior Storefront System / SF Gutters Prefab Surface Mounted Canopy System Stone Veneer Per SFDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 67 - Food Service Equipment Allowance - 1 EA156 - Flagpoles - 3 EA158 - Residential Appliances - Owner Furnished Owner Installed - 1 EA159 - Athletic Equipment - Owner Furnished Owner Installed - 1 EA175 - CPT - Perimeter LF = Rubber Base - 7,713 SF560 - SIgnage Allowance - - 1 EA721 - Sealed Concrete - Perimeter LF = Rubber Base - 9,448 SFA-101 Floor Plan - Area 'A'(1).tif (26% of Scale); Takeoff in Active Area: Headquarters; Denton; OST Projects; 1/29/2020 10:06 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 87 - 04 - Grab Bar - Restroom Stall - 16 EA117 - 02 - Paper Towel Dispenser - 8 EA118 - 03 - 12" x 36" Mirrors - 12 EA122 - 01 - Toilet Paper Dispenser - 12 EA125 - 06 - Clothes Hooks - 12 EA126 - Toilet Stalls - 12 EA128 - 09 - Shower Curtian Rod - 4 EA157 - Locker Room - Lockers - 22 EA175 - CPT - Perimeter LF = Rubber Base - 19,065 SF561 - Urinal Screens - 2 EA562 - 05 - Sanitary Napkin Disposal - 9 EA563 - 12 - Baby Changing Station - 1 EA721 - Sealed Concrete - Perimeter LF = Rubber Base - 4,205 SF722 - Porcelain Tile - Perimeter LF = PT Base - 1,170 SF725 - Porcelain Tile 2 - Perimeter LF = PT2 Base - 697 SF727 - 13 - Soap Dispenser - 12 EA732 - 14 - Handicap Shower Grab Bar Set 3/each - 2 EA733 - 15 - Shower Handicap Bench - 2 EAA-001 - Overall Floor Plan(1).tif (26% of Scale); Takeoff in Active Area: Sub Station; Denton; OST Projects; 1/29/2020 10:06 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 87 - 04 - Grab Bar - Restroom Stall - 6 EA117 - 02 - Paper Towel Dispenser - 3 EA118 - 03 - 12" x 36" Mirrors - 5 EA122 - 01 - Toilet Paper Dispenser - 4 EA125 - 06 - Clothes Hooks - 3 EA126 - Toilet Stalls - 4 EA562 - 05 - Sanitary Napkin Disposal - 3 EA721 - Sealed Concrete - Perimeter LF = Rubber Base - 21,899 SF722 - Porcelain Tile - Perimeter LF = PT Base - 404 SF726 - Porcelain Tile Wall Base - 1 LF727 - 13 - Soap Dispenser - 5 EAA-1 - CONCEPTUAL FLOOR PLAN(1).tif (26% of Scale); Takeoff in Active Area: Firing Range; Denton; OST Projects; 1/29/2020 10:06 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 87 - 04 - Grab Bar - Restroom Stall - 8 EA117 - 02 - Paper Towel Dispenser - 2 EA118 - 03 - 12" x 36" Mirrors - 4 EA122 - 01 - Toilet Paper Dispenser - 4 EA125 - 06 - Clothes Hooks - 2 EA126 - Toilet Stalls - 4 EA157 - Locker Room - Lockers - 26 EA175 - CPT - Perimeter LF = Rubber Base - 6,374 SF562 - 05 - Sanitary Napkin Disposal - 2 EA721 - Sealed Concrete - Perimeter LF = Rubber Base - 3,384 SF722 - Porcelain Tile - Perimeter LF = PT Base - 276 SF725 - Porcelain Tile 2 - Perimeter LF = PT2 Base - 271 SF727 - 13 - Soap Dispenser - 2 EA728 - Bike Lockers - Lockers - 20 EA729 - Locker Room - Benches (Pedistool) - 63 LF730 - Weapon Locker Area - Lockers - 7 EA731 - Duty Locker Area - Lockers - 18 EAA-102 Floor Plan - Area 'B'(1).tif (26% of Scale); Takeoff in Active Area: Headquarters; Denton; OST Projects; 1/29/2020 10:06 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 724 - Sealed Concrete - Alternate 100 yd Firing Range - 12,079 SFA-1A - BID ALTERNATE FLOOR PLAN(1).tif (26% of Scale); Takeoff in Active Area: Firing Range; Denton; OST Projects; 1/29/2020 10:06 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 87 - 04 - Grab Bar - Restroom Stall - 4 EA117 - 02 - Paper Towel Dispenser - 2 EA118 - 03 - 12" x 36" Mirrors - 2 EA122 - 01 - Toilet Paper Dispenser - 2 EA125 - 06 - Clothes Hooks - 2 EA126 - Toilet Stalls - 2 EA157 - Locker Room - Lockers - 18 EA175 - CPT - Perimeter LF = Rubber Base - 4,501 SF562 - 05 - Sanitary Napkin Disposal - 2 EA721 - Sealed Concrete - Perimeter LF = Rubber Base - 1,081 SF722 - Porcelain Tile - Perimeter LF = PT Base - 148 SF725 - Porcelain Tile 2 - Perimeter LF = PT2 Base - 400 SF727 - 13 - Soap Dispenser - 2 EAA-103 Floor Plan - Area 'C'(1).tif (26% of Scale); Takeoff in Active Area: Headquarters; Denton; OST Projects; 1/29/2020 10:06 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 87 - 04 - Grab Bar - Restroom Stall - 8 EA117 - 02 - Paper Towel Dispenser - 4 EA118 - 03 - 12" x 36" Mirrors - 6 EA122 - 01 - Toilet Paper Dispenser - 8 EA125 - 06 - Clothes Hooks - 8 EA126 - Toilet Stalls - 8 EA128 - 09 - Shower Curtian Rod - 4 EA157 - Locker Room - Lockers - 132 EA175 - CPT - Perimeter LF = Rubber Base - 12,475 SF561 - Urinal Screens - 2 EA562 - 05 - Sanitary Napkin Disposal - 6 EA563 - 12 - Baby Changing Station - 1 EA721 - Sealed Concrete - Perimeter LF = Rubber Base - 1,277 SF722 - Porcelain Tile - Perimeter LF = PT Base - 641 SF725 - Porcelain Tile 2 - Perimeter LF = PT2 Base - 312 SF727 - 13 - Soap Dispenser - 6 EA732 - 14 - Handicap Shower Grab Bar Set 3/each - 2 EA733 - 15 - Shower Handicap Bench - 2 EAA-104 Floor Plan - Area 'D'(1).tif (26% of Scale); Takeoff in Active Area: Headquarters; Denton; OST Projects; 1/29/2020 10:06 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 87 - 04 - Grab Bar - Restroom Stall - 6 EA117 - 02 - Paper Towel Dispenser - 3 EA118 - 03 - 12" x 36" Mirrors - 3 EA122 - 01 - Toilet Paper Dispenser - 3 EA125 - 06 - Clothes Hooks - 3 EA126 - Toilet Stalls - 3 EA175 - CPT - Perimeter LF = Rubber Base - 10,389 SF562 - 05 - Sanitary Napkin Disposal - 3 EA721 - Sealed Concrete - Perimeter LF = Rubber Base - 770 SF722 - Porcelain Tile - Perimeter LF = PT Base - 143 SF725 - Porcelain Tile 2 - Perimeter LF = PT2 Base - 701 SF727 - 13 - Soap Dispenser - 3 EAA-105 Floor Plan - Area 'E'(1).tif (26% of Scale); Takeoff in Active Area: Headquarters; Denton; OST Projects; 1/29/2020 10:06 AMDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 9' 1"9' 2"18' 4"24' 5"156 - Strip Site - 4" - 90,886 SF611 - Flatwork 5" - Parking Paving - 3,774 SF612 - Curb - Integral Curb - 374 LF728 - Erosion Control - Allowance - 1 EA732 - Flatwork 7" - Drive Aisle Paving - 3,184 SF733 - Flatwork 4" - Sidewalk Paving - 1,786 SF734 - Bldg Footprint - Firing Range - 28,215 SF736 - Strip Parking Space - 20ea - 1 EA739 - Replace 4" Topsoil (landscaped/sod area) - 1 EA740 - Storm Drain System - Allowance - 1 EA741 - Sanitary Sewer System - Allowance - 1 EA742 - Dom. & Fire Water System - Allowance - 1 EA743 - Site Gas Allowance - 1 EADocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 118' 2"151 - 6' Tall Ornamental Fence (SE Parking Area) - 313 LF721 - 6' Tall Ornamental Sliding Gate (SE Parking Area) - 35 LF722 - Secure Entry @ Rear Drives - Allowance - 2 EA723 - Existing Secure Parking - North - 106 Spaces - 40,843 SF724 - Flatwork 5" - NE Parking Addition - 14 Spaces - 3,488 SF725 - Change Parking Stall Direction - 16ea spaces - 1 EA726 - Existing Secure Parking - Souteast - 52 Spaces - 19,581 SF727 - Eliminate Street Parking - 10 Spaces - 1 EA728 - Erosion Control - Allowance - 1 EA729 - Demo Existing Paving for New Sallyport - Prep Subgrade Area - 5,133 SF730 - Flatwork 5" - N. Covered Parking - 12 Spaces - 2,795 SF731 - Demo Existing Paving for Parking Areas - 6,505 SFDocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 9' 1"9' 2"18' 4"24' 5"156 - Strip Site - 4" - 286,104 SF589 - Bldg Footprint - Sub Station - 28,208 SF611 - Flatwork 5" - Parking Paving - 27,854 SF612 - Curb - Integral Curb - 4,769 LF728 - Erosion Control - Allowance - 1 EA732 - Flatwork 7" - Drive Aisle Paving - 56,093 SF733 - Flatwork 4" - Sidewalk Paving - 2,291 SF735 - Strip Parking Space - 170ea - 1 EA737 - 6' Tall Ornamental Fence - 728 LF738 - 6' Tall Ornamental Sliding Gate - 25' - 2 EA739 - Replace 4" Topsoil (landscaped/sod area) - 1 EA740 - Storm Drain System - Allowance - 1 EA741 - Sanitary Sewer System - Allowance - 1 EA742 - Dom. & Fire Water System - Allowance - 1 EA743 - Site Gas Allowance - 1 EADocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “M” Escrow and Financing Conditions Requirements for Escrow and Financing Conditions, if any, will be provided by the Owner and incorporated into Exhibit M when the Guaranteed Maximum Price Proposal is submitted and approved. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “N” Disputed Work Schedule A disputed Work Schedule will be Provided by the Owner in the Event the Construction Manager and Owner cannot agree on the Scope of the Work included in the Contract Sum, until agreement is reached or Dispute Resolution is initiated. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “X” Construction Manager’s Insurance Certificate(s) See Attached below. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2/18/2020 Tucker Agency, Ltd. P O Box 2285 Ft. Worth TX 76113 Tammy Pearce (817)336-8520 tammy@tuckeragency.com Thos S Byrne Inc. dba Byrne Construction Services P O Box 470546 Ft Worth TX 76147 Amerisure Insurance Company 19488 Travelers Property Casualty 36161 Amerisure Partners Insurance Co.11050 The Hanover Insurance Company 22292 19/20 All Lines w BldrR A X x X XCU Included X Contractual Liability X CPP204872014 10/1/2019 10/1/2020 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A X X X CA204872312 10/1/2019 10/1/2020 1,000,000 B X X X 10,000 ZUP-21N55695-19-NF 10/1/2019 10/1/2020 25,000,000 25,000,000 C N WC 2048722 12 10/1/2019 10/1/2020 X 1,000,000 1,000,000 1,000,000 D Blanket Builders Risk IHD A740196-04 10/1/2019 10/1/2020 Limit Per Disaster $25,000,000 Deductible $10,000 Additional insured as required by written contract applies to all policies except workers compenation. Coverage provided is primary and non-contributory if required by written contract. General liability additional insured includes ongoing and completed operations if required by written contract. Waiver of subrogation as required by written contract applies to all policies. All policies include blanket 30 day notice of cancellation if required by written contract. Umbrella is follow form. City of Denton 215 East McKinney Street Denton, TX 76201 Tracy Tucker/TAMMY The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) A133 Owner-CMAR Agreement Exhibit X - CMAR's Insurance Certificate DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E 2/18/2020 Tucker Agency, Ltd. P O Box 2285 Ft. Worth TX 76113 Tammy Pearce (817)336-8520 tammy@tuckeragency.com Thos S Byrne Inc,dba Bryne Construction Services P O Box 470546 Ft Worth TX 76147 Indian Harbor Insurance Co.36940 19/20 Prof Master A Professional/Pollution Liability CEO744624901 9/1/2019 9/1/2020 Each Claim $6,000,000 Aggregate $6,000,000 City of Denton 215 East McKinney Street Denton, TX 76201 Tracy Tucker/TAMMY The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner- CMAR Agreement Exhibit “Y” Guaranteed Maximum Price Amendment The Guaranteed Maximum Price Amendment will be incorporated herein as Exhibit Y upon approval of the Construction Manager’s Guaranteed Maximum Price Proposal. DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E AIA A133 Owner - CMAR Agreement Exhibit Z-Schedule of Exhibits Updated 13 MAR 2020 Printed: 3/13/2020 at 9:09 AM Description Prepared By Date Due Exhibit "A" - Scope of Work CMAR Attached Exhibit "B" - Construction Manager's Project Schedule CMAR Attached Exhibit "C" - Construciton Mananger's Soft Costs and Fee CMAR Attached Exhibit "D" - Key Personnel CMAR Attached Exhibit "E" - Confidentiality of the Project Owner 01-Jun-20 Exhibit "F" - Customary and Usual Labor Rates CMAR w/GMP Exhibit "G" - Rental Rates CMAR w/GMP Exhibit "H" - Alternates with Costs and Expiration Dates CMAR w/GMP Exhibit "I" - Unit Costs CMAR w/GMP Exhibit "J" - Allowances CMAR w/GMP Exhibit "K" - Schedule of Values CMAR w/GMP Exhibit "L" - Control Estimate #01 CMAR Attached Exhibit "M" - Escrow and Financing Conditions Owner If Needed Exhibit "N" - Disputed Work Schedule Owner If Needed Exhibit "X" - Construction Manager's Insurance Certificate(s) CMAR Attached Exhibit "Y" - Guaranteed Maximum Price Amendment CMAR 30-Jan-21 200313 DPSB A133 Exhibit Z - Schedule of Exhibits REV 01.00 to Team Page 1 of 1 © 2020 All Rights Reserved by Peak Program Value, LLC DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relat ionship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this s ection is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local gov ernment officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: B6D0CC69-686E-4007-8E91-30FC79590B7E ZZ THOS. S. BYRNE, INC. N/A 4/13/2020 X X N/A X Certificate Of Completion Envelope Id: B6D0CC69686E40078E9130FC79590B7E Status: Completed Subject: Please DocuSign: City Council Contrac 7249 Source Envelope: Document Pages: 278 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Jody Word AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 901B Texas Street Denton, TX 76209 jody.word@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 4/13/2020 8:39:11 AM Holder: Jody Word jody.word@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Jody Word jody.word@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 4/13/2020 9:06:03 AM Viewed: 4/13/2020 9:06:20 AM Signed: 4/13/2020 9:09:24 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 4/13/2020 9:09:43 AM Viewed: 4/13/2020 9:12:01 AM Signed: 4/13/2020 9:15:10 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Larry Collister larry.collister@cityofdenton.com First Assistant City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.184.80.203 Sent: 4/13/2020 9:15:27 AM Viewed: 4/13/2020 9:33:10 AM Signed: 4/13/2020 9:33:22 AM Electronic Record and Signature Disclosure: Accepted: 9/26/2017 12:27:28 PM ID: 01f5f868-f109-4e29-ad49-21db9046c882 Martin Lehman mlehman@tsbyrne.com President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.44.199.82 Sent: 4/13/2020 9:33:37 AM Resent: 4/13/2020 11:12:34 AM Resent: 4/13/2020 11:17:21 AM Resent: 4/13/2020 11:22:45 AM Resent: 4/13/2020 1:34:10 PM Viewed: 4/13/2020 1:25:00 PM Signed: 4/13/2020 1:40:19 PM Electronic Record and Signature Disclosure: Accepted: 4/13/2020 1:25:00 PM ID: 8bec5732-6ac3-4cf6-9e84-a9a7411221b2 Signer Events Signature Timestamp Scott Gray Scott.Gray@cityofdenton.com Director - Airport, Capital Planning, Facilities Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 4/13/2020 1:40:36 PM Viewed: 4/13/2020 1:47:18 PM Signed: 4/13/2020 1:49:30 PM Electronic Record and Signature Disclosure: Accepted: 4/13/2020 1:47:18 PM ID: 3920c016-31f1-4af4-8af9-f3f5ba291a79 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 4/13/2020 1:49:46 PM Viewed: 4/22/2020 9:08:54 AM Signed: 4/22/2020 9:09:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.186.192.80 Sent: 4/22/2020 9:09:18 AM Viewed: 4/22/2020 9:09:57 AM Signed: 4/22/2020 10:36:56 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2017 9:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 4/22/2020 10:37:12 AM Viewed: 4/22/2020 12:59:24 PM Signed: 4/22/2020 1:00:10 PM Electronic Record and Signature Disclosure: Accepted: 4/22/2020 12:59:24 PM ID: 94f14b34-82ec-455e-aa1a-82da754a6e09 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 4/13/2020 9:09:43 AM Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 4/13/2020 1:49:46 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 4/22/2020 9:09:18 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolaina Parker Zolaina.Parker@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 4/22/2020 9:09:18 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Larry Chan larry.chan@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 4/22/2020 1:00:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/22/2020 1:00:26 PM Certified Delivered Security Checked 4/22/2020 1:00:26 PM Signing Complete Security Checked 4/22/2020 1:00:26 PM Completed Security Checked 4/22/2020 1:00:26 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM Parties agreed to: Larry Collister, Martin Lehman, Scott Gray, Todd Hileman, Rosa Rios How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. 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