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BP 2015-09-23 CRDC Special Called
City of Coppell, Texas 255 Parkway Boulevard _....�...�...___ � Coppell, Texas CI 75019-9478 OFFELL 'A Meeting Agenda Coppell Recreation Development Corporation Wednesday, September 23, 2015 6:30 PM 255 Parkway Blvd. Mark Tepper President Stephen Hafer Secretary Marvin Franklin Karen Hunt Biju Mathew Vice President Larry Jones Mabuba Kahn Notice is hereby given that the Coppell Recreation Development Corporation of the City of Coppell, Texas, will conduct a Special Called Meeting in the 2nd Floor Conference Room at 255 E. Parkway Boulevard on September 23, 2015, at 6:30 PM. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The purpose of this meeting is to consider the following items: Regular Session (Open to the Public) 1. Call To Order 2. Citizens' Forum 3. Consider Approval of Minutes: August 4, 2015 4. Financial Report 5. Consider approval of an Agreement between the City of Coppell (Owner) and Thos. S. Byrne, Ltd. (Construction Manager) as approved by the Coppell City Council on Tuesday, September 22, 2015 for the expansion and renovation of The Cozby Library and Community Commons, including Preconstruction Services for $10,000.00, and authorizing the Board President to sign. 6. Consider approval of a Guaranteed Maximum Price Amendment to the Agreement between the City of Coppell (Owner) and Thos. S. Byrne, City of Coppell, Texas Page 1 Printed on 9/18/2015 Coppell Recreation Development Meeting Agenda September 23, 2015 Corporation Ltd. (Construction Manager) as approved by the Coppell City Council on Tuesday, September 22, 2015 for the expansion and renovation of the Cozby Library and Community Commons, in the amount of $5,898,580.00 and authorizing the Board President to Sign. 7. Project Updates 8. Board President and Committee Reports Adjournment The City of Coppell acknowledges its responsibility to comply with the Americans with Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell-sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator, or other designated official at (972) 304-3699, or TDD 1 -800 -RELAY TX, (1-800-735-2989). This agenda was posted on the City of Coppell bulletin board at Town Center on this day of , 20_ at by City of Coppell, Texas Page 2 Printed on 9/18/2015 City of Coppell Texas 2pp Parkway Boulevard , Co ell, Texas 75019-9478 CFFELL Minutes Coppell Recreation Development Corporation Tuesday, August 4, 2015 6:30 PM 255 Parkway Blvd. The Coppell Recreation and Development Corporation met on Tuesday, August 4, 2015, in the 2nd Floor Conference Room at Town Center, 255 Parkway Boulevard, Coppell, Texas. Call To Order Citizens' Forum President Tepper called the meeting of order at 6:30 PM. Present were: Board Member Larry Jones, Board Member Mahbuba Kahn, Board Member Marvin Franklin, Board Member Karen Hunt, Secretary Stephen Hafer, Vice President Mathew, and President Tepper. Also present were: Mike Land, Deputy City Manager; Jennifer Miller, Director of Finance; Vicki Chiavetta, Director of Library; Michael Garza, Assistant Director of Engineering; Guy McLain, Assistant Director of Parks and Recreation; George Marshall, Traffic Engineer; John Elias, Park Operations Manager; and Amy Swaim, Administrative Assistant to the City Manager. There was no one present to speak during the Citizens' Forum. 2 Approval of the June 2, 2015, Minutes Motion by Board Member Kahn, 2nd by Vice President Mathew, to approve the June 2, 2015, minutes as presented. The motion carried unanimously. 3 Financial Report Jennifer Miller summarized the financial reports. 4 Consider Approval of the CRDC FY 2015-2016 Budget. Jennifer Miller summarized the CRDC Budget for fiscal year 2015-2016. She explained the item "Bond Proceeds Refunding" in the amount of $2.8 million was missing from the last page but would be added prior to filing. Motion by Board Member Hunt, second by Board Member Jones to approve the CRDC FY 2015-2016 Budget as corrected by adding the item "Bond Proceeds Refunding" to the last page. AYE: All. The motion carried unanimously. City of Coppell, Texas Page 1 Coppell Recreation Development Minutes August 4, 2015 Corporation ki 6 Consider approval to enter into an agreement with Premiere Install & Movers for the moving and storage of materials, furnishings and office supplies from and back to, the William T. Cozby Public Library, in the amount of $110,268.22; and authorizing the CRDC President to sign any necessary documents. Vicki Chiavetta summarized the request. She explained the Libary would close on August 24, and the move would begin August 26 with plans to re -open at 500 Southwestern Boulevard on September 8. Ms. Chiavetta noted payment for the move would be made in two installations. Motion by Board Member Franklin, second by Board Member Kahn, to approve the item as presented. AYE: All. The motion carried unanimously. Consider approval of funding for the Hike & Bike Trail component of the Freeport Parkway construction project in the amount of $213,080.00 and authorizing the CRDC President to sign. Michael Garza summarized the request and explained how the trail would tie-in to Flower Mound and Grapevine. Motion by Vice President Mathew, second by Board Member Jones, to approve the item as presented. AYE: All. The motion carried unanimously. 7 Consider approval of funding Bid No. Q-0515-01 Denton Tap Road/Sandy Lake Road Streetscape Improvements project to Pavecon Ltd., in the amount of $3,873,105.47 and entering into various other agreements to complete the project and authorizing the CRDC President to sign necessary documents. George Marshall summarized the request and explained the funding. 8 Project Updates Motion by Vice President Mathew, second by Board Member Franklin, to approve the item as presented. AYE: All. The motion carried unanimously. Deputy City Manager Mike Land provided updates on the following projects: Life Safety Park (LSP) - Bids from June came in over -budget at $5.6 million (original budget was $4 million). DCM Land explained that inflation over the past two years is part of the reason for the drastic difference. Value Engineering (VE) reduced the cost to $4.8 million. The item was presented at the July 23 Council Meeting, at which time they were instructed to continue with VE. It is anticipated that the contract will go to Council on October 27 and to CRDC on November 4. Library - The bids will come in on August 5 and will either go to Council on August 25 and Special -Called CRDC on August 26, or they will go to Council on September 8 and Special -Called CRDC on September 9. City of Coppell, Texas Page 2 Coppell Recreation Development Minutes August 4, 2015 Corporation Streetscape - The bids came in under -budget. Bond funds could be applied to LSP or Andrew Brown Park (ABP). The project could go to CRDC in August, September, or December. Pedestrian Bridge - The recent flooding has delayed the project. The bridge is being delivered on August 25. Grapevine Creek Trail -Awarded and moving forward. 9 Board President and Committee Report Adjournment Board Member Hunt requested that the Park Board inform and update the CRDC if and when they come up with a list of priorities. There being no further business, President Tepper adjourned the meeting at 7:42 PM. City of Coppell, Texas Page 3 nG {Gr ((DD �t rr rr �d n (D R� rr u. m (D rs n rr G' rr 010 LQ (D n rt :D, P) wp LQ O (D cr R N- G ro rt 0 n w LQ 0 O N- n 0 n w N - rt N- 0 p O hii K O ul ro n P � P"0w yLQ m FiwNm QQwAsN�wnw0 o O w k m� i• Ct 10 C roy P. 1100 (D 1(D o w $ n !0 N• C rt h Y�>c'w p � LTJ Hn N•p'N• m r M 01 W ((D '� X PO Q n(D F w��C WLn oH ��00WEn(D< N- Ln N O 4. 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(D ul tra P) rt F - (D 0 rt rt 0 Uo 0 co Qn w Ul w LFI of LQ (D CD 0 0 o rt C) 0 0 C) 0 0000 0000 H° 000 0 Ui 0 00 bo rA Ul Ln kD o 00 00 co 0 K) to CD m tii0 (D CZ CT m M �d 0 to n W -M 0"0 w -1 (,n 0 --j Ul H w H U) I crt 00 Ul) Ul 0 HIH 0 0 co 00 0 0 HI H ca a co caws H Cr N 00 a) 0 00 co In w .!0 Ln co m co a, IN1, 0 co 0 'IJ H 0 co bi 0 0 0 (D n K 0 0 0 0 w fl �j Pi to P. 0 H Q, (D 7O 0 rl' 0 LD (D (T n rt 0 0 0 0� M Lo (D rt m Iq ,a P, Cl) 0 0 (D H 0) rt 0 9- (D fu rt C-4 (D w N) 0 Fl w COPPELL RECREATION DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS SERIES 2014 - $29,025,000 AS OF JUNE 30, 2015 DEPT AMOUNT OTHER TOTAL AMOUNT PAID AMOUNT AVAILABLE PROJECT ------------------------------ ------- NO ISSUED ---------• ------------------------ REVENUES --------------------- ----- FUNDS ----- TO DATE ----------------------- ENCUMBERED ----- -----------•---- ------------------------•- FUNDS CRD- - SALES TAX 632 COST OF ISSUANCE $178,867,04 $ 178,867.04 $ 178,867.04 $0.00 $0.00 COST OF INSURANCE $32,555.41 $ 32,555.41 $ 32,555.41 0.00 0.00 INTEREST INCOMEIPREMIUM $ 1,070,917.77 A 1,070,917.77 0,00 0.00 1,070,917.77 ANDY BROWN PARK $ 15,000,000.00 0.00 15,000,000.00 0.00 0.00 15,000,000,00 LIFE SAFETY PARK 3,025,000.00 810,609.00 3,835,609.00 0.00 0.00 3,835,509.00 DRAINAGE - WOODRIDGE 2,200,000.00 0.00 2,200,000.00 0.00 0.00 2,200,000.00 STREETSCAPE 4,800,000.00 0.00 4,800,000.00 0.00 0.00 4,800,000.00 TRAILS 4,000,000,00 0.00 4,000,000.00 133,388.40 76,411.60 3,790,200.00 ------------------- $29,025,000.00 --- ------------ ----- $2,092,949.22 --------•- -•---••- $31,117,949.22 -------------- ---------- $344,810.85 ----------------------- -------------------------- $76,411.60 $30,696,726.77 lXJ 2 22 H ECJ W > M �2: G) C1 � C) w W S_, w ,-i O w Q ri w Fi m r O p H�Q cD iQ w w ✓ >✓ w Cl w� Z �LJQ o0 ox yo ma10>'vrt r (D rr :j w (D a Q W rr (D K (D O V. 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[n N N 0 tD C)i � Ln F a O v Li t] r n r- CT Ul CO'r p w N T Lz] oowL,n 3H w•C HOS co Co nn Z�r �d @ st (D1 n Id Y• U1 0 0 @ N Di ct F' H n () H. @ (n to O n @ 00 M PU w w 0 rt y co P O F N � ? O Ul l0 w N N O N ul w2 Ul U1 "1 O Lri O C tI1 C� 000-%- a tn0�a a Ol O Ul N COPPELL RECREATION DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS SERIES 2014 - $29,025,000 AS OF JULY 31, 2015 DEPT AMOUNT OTHER TOTAL AMOUNT PAID AMOUNT AVAILABLE PROJECT NO ISSUED REVENUES FUNDS TO DATE ENCUMBERED FUNDS CRDC - SALES TAX 632 COST OF ISSUANCE $178,867,04 $ 178,867.04 $ 178,867.04 $0.00 $0.00 COST OF INSURANCE $32,555.41 $ 32,555.41 $ 32,555.41 0.00 0.00 INTEREST INCOMEIPREWUM $ 1,071,564.83 A 1,071,564.83 0,00 0.00 1,071,564.83 ANDY BROWN PARK $ 15,000.000.00 0.00 15,000,000.00 0.00 0.00 15,000,009.00 LIFE SAFETY PARK 3,025,000.00 810,609.00 3,835,609.00 0.00 0.00 3,835,609.00 DRAINAGE - WOODRIDGE 2,200,000.00 0.00 2,200,000.00 0.00 0.00 2,200,000.00 STREETSCAPE 4,800,000.00 0.00 4,800,000.00 0.00 0.00 4,800,000.00 TRAILS 4,000,000.00 0.00 4,000,000.00 145,764.40 76,460.85 3,777,774.75 $29,025,009.00 $2,093,596.28 $31,118,595.28 $357,186.85 $76,460.85 $30,684,948.58 COPPELL RECREATION DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS SERIES 2014 - $29,025,000 AS OF JULY 31, 2015 FOOTNOTE A AMOUNT OF INTERESTISURPLUS EARNED $ 1,071,564.83 FOOTNOTE B TRAILS GRAPEVINE CREEK TRAIL $ 214,300.00 S. COPPELL TRAIL 7,925,25 222,225.25 N W W W O �h�w CD a Q� p O ca O rn �J 7 4:1, 9 G O D 0000 v� 4 00 D O l� � W Q Vi �1 ^7} OW V rD CW �O O �A C'D a w a a o co O A Q 00 w OO Q W U Cl CDa SC O W A O O � T Q� Cl �D W O p OCD ct Vi �D Q W ©n n J �A O J J J W Q4 T Q. a Oo v Vi Li OU a QT \D CC uo', 000 ww q .-, w v F GQ 00 O O W N pp d W Q\ W � N 00 N GO w W � W �p W n � �O v Sq N W J 4� W W O W Q� p w Y O D 0000 v� 4 00 D O N N � W Q Vi �1 ^7} OW V v � CW �O O �A W J n n d O O A Q 00 w OO Q W U Cl Q O W A O O � T Q� Cl �D W O p V N Vi �D Q W ©n n J �A O J J J W W �D J 4� N N 7 DD W Vi N P w O �D N Q p a n v� � Lh t")s N N 0� N O ^7} OW V v � C O us V. W J n n d N �1 O A Q 00 w OO Q N Cl Vi O W A O O O T Q� Cl �D W O p V N Vi �D Q W ©n n W W J 4� 7 DD W AsnW P w O Q p a n o d w � Lh t")s W p N d ^7} V dVi C O us V. O N LA Cl 00 C� O D Q D n C7 N O Vs 00 J W 00 Oo v Vi 2 � y Li J 4� 7 DD W AsnW P w O Q p a n o d w � Lh t")s W p N d ^7} V dVi C O us V. 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G3' � ��•� �a�pG�n w N 0 � xo0 0MW0 10 PV r• mnC)0 txJ C G PV 'G K v w i "P)p P- r- n r• H (D (n r- rn w nl��Wl W W W N m H N N J Un pl 0] W 0 Up W O OJ J 00 W 01 W 00 U1 W A Ul 10 O O w 0 OD N H U7 O O W O w 0 N O N 00 WL�n 0 0 ON U7 O O 0 0 U1 00 0) 00000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r� r O1 N N W N W lO N co M N O P N H O Ol _1 N O .1 O O ONO O O O O O 1 W O U3 0 0 0� O O p 0 0 61 O W O A OCC -,300000 J W O If, H H w l5l H N l0 O1 w O -rP 01 W N iV U1 00 W U1 1D iR co lQ J w w l0 rP 'r, Ch O U3 Ol 1p W w Ol lP 0 iA H c J W {}� O O 0 0) 00 iP W 0 O N N �P iA O M O 0 to un -1 O w 0 0 H W 0010 1 0 0 Ol H iA M W O 0 w W N N w w w N O1 W U) �3 w w W co w 0) Ui W N W N 00 O 00 W W 10 Q\ Ol O) O U -I 'P O W 01 w N i35 T 00 J lO O N Q O O O W Ul O O O 0 O +1 00 0 0 0 0 0 N �} W O M N O � O a 0 0 O O W 10 }-� N tP a) H H N 00 1;1 O N O N 'P i-' 'P W N 61 N N 00 U1 O Ul O W Ul W W i0 Ui N (Ti O Mo W O O O1 00 Ul Ol rP 0 0 0 0 Ul O N N O N W N 10 M 0 O Qt W H O T 00 O _1 H M w --.)0 O M w CrJ � Hy 3 rGt F- 0 Q, 0 0 M rt to �_i M 0) LXJ�3u(DiH k rt w `Dno� Ln 0 ww to iA by n Gi r'T1 N010)00"�H 1010000 1-�Ho00 n 0 �1 HN C) t7 00 O Ol w O O H A P � W O O W w —] O H �} W H V�"zJCHd N O H G Lx] �• n � H n r• "tl 0 CT nc.lxnw C� p a C' °, � (D p W r• w Gz p w C3 ,a rn n w cD P- m 'Z.� rn W �i G n s 0 H rt O Fl K � rro t i U3 n (D r• n xo 'b Fl cr cr Q (D 0 LQ n (D A� r• m n m m po n w (D 0 r- cr LO 1-1 (D rt Z (D to i= F3 (D to rt LO kl (D � 0) 0 t� (D (D f__ Flh w rt $� H� 0F1 Z:r 0 (D LJ (D rt 0 W W (D tr rt 0 0 (D t:$ (D "0 EQ (D n (D rt 0 N. 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OOOOOOOOCD 000000000 Ul t'll SDwN ON h7 O LO li 41 a) CF) Ul 01 0 w co Ln w p a) IQ 0 61 C) 0 0 0 r LI;D i+.:Y'o �D Cl �O co 0) 0 0 w 0 0 C) 0 A � "o � A w H 0 w Pj 0) Ul mpm '" W !" 00 Ln �o uj __j H LWIJ W K) w Ul w m _j LYI " m H m 0 to 00 0 0 _j opwowol Owo F- 0 0 IJ iD 0 U) 0 olz C) H Cj H H A w 0 H w 0 Ln H t'i -,j p Ul 03 __j 0 1 1 1 1 1 1 1 0 CO Ln Ul &. w a� 0) to Li 00 0 �o 4� _j co OD 0 (3) Ul Ul a 0 0 o Qn 0) o M, N 0 0 00 0 lo -,1 0 w ea HHIxaO 0 00 00 0 co co H 0 0 0 0 1p -13 AM 0 O (D (D (D (D rt �l (D 0) F-3 0 0 0 0 (7) H (D (D til F- 0 0 0 E] (D M w Al (D H n H H Fl. rT :j III (D (D rT 0 � � rt P. 0 C f17 Fl - I Iv Ia F, vo � co K) H 0 00 K) ul '0 'O tGz zi F, dal 00WOO 0 to 00 0 N) _1 0 0 h)..' o �j CD,? N o uo 10 0 0 C) 0 0 0 1;1�O00000 Ln �o uj ul 0 A wom0000ul Ln IVO o pP t"l �O O '0 'H 000000 H 0 w Ha ut r a k- 0 co N) cn 00 H 0 W LP a m w q n 0 0 CA :3: n w (D H- 10(D �51 (D n rt H• 4t (D Iv " t.- � (D W fD I- (D 0 rr H 0 �o Ln (D Fj- n (D to rl H.' 0 0 rr 0 �l () -C " rt rt rt 0 :3: 0 pi t -h LQ (D �l �j (D tj' tr LQ 0 :j rt rr (D rr n (D rt (t Fl In rt tU Id w H• (D to Pi rr ddn rt rt 0 n CrA 0 rt 0 0 n LQ F, LQ 01� to n 0 • :I 0 00 n ul 0 vi W rt p , Lo 0 Ln 0 to rb 1 0 0 M. z 0 co w Ln L'i 00 I M." . H 2!*, Tolm MWE 0 o to 0 0 110 W-419. C) co �o Ul Ln Co W. U 0 1-3 :j rr m rt 0 a 0 Fl w P) W (D (D 0 s (D pli p G) Ul -j Fw 00 w 0 F- H to 0 aP. p I-110-10 txj P• (D (D m (D H. n 0 ct -a alb U t -I W w � co n 1� -] 0 0 0 0 Pd m 0 m 00 00 0 0 co 0 m I,< p t:) r) woad. (D ct P• (D (D m (D H. 010 0 ct LQ U t -I W 0 (D U'l �t 0 ct 0 0 m I,< p Ln r) I -- (D ct w C) rr 0 �u 0 Pi (D LQ v rh1 m Sr (D Ili po H, th 0 (D " P) P• (D (D rr LQ U'l PROJECT CRDC - SALES TAX COST OF ISSUANCE COST OF INSURANCE INTEREST INCOMEIPREMIUM ANDY BROWN PARK LIFE SAFETY PARK DRAINAGE - WOODRIDGE STREETSCAPE TRAILS COPPELL RECREATION DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS SERIES 2014 - $29,025,000 AS OF AUGUST 31. 2015 DEPT AMOUNT OTHER TOTAL AMOUNT PAID AMOUNT AVAILABLE NO ISSUED --------- ----•------------------- REVENUES --------------------- ----- FUNDS --------------------- TO DATE ------------------. ----- ENCUMBERED ------- ............ - ......................... FUNDS 632 $178,867.04 $ 178,867.04 $ 178,867,04 $0,00 $0.00 $32,555.41 $ 32,555.41 $ 32,555.41 0,00 0.00 $ 1,072,217.35 A 1,072,217.35 0.00 0.00 1,072,217.35 $ 15,000,000.00 0.00 15,000,000.00 0.00 0.00 15,000,000.00 3,025,000.00 810,609,00 3,835,609.00 0.00 0.00 3,835,609.00 2,200,000.00 0.00 2,200,000.00 0.00 0.00 2,200,000.00 4,800,000.00 0.00 4,800,000,00 0,00 0.00 4,800,000.00 4,000,000.00 ------------------------ 0.00 --- - .... -"------------ 4,000,000.00 150,999.40 250,533.85 3,598,466.75 $29,025,060.00 ----- $2,094,248.80 ---------- ------------ $31,119,248,80 ------------------------ $362,421.85 --------------------- -------------------------- $250,533,85 $30,506,293.10 FOOTNOTE A COPPELL RECREATION DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS SERIES 2014 - $29,025,000 AS OF AUGUST 31, 2015 AMOUNT OF INTERESTISURPLUS EARNED 1,072,217.35 FOOTNOTE 8 TRAILS GRAPEVINE CREEK TRAIL $ 214,300.00 S. COPPELL TRAIL 187,233,25 401,533.25 MEMORANDUM To: CRDC Board Members From: Mike Land, Deputy City Manager Date: September 23, 2015 Re: Cozby Library and Community Commons Expansion and Renovation — Consider approval of an Agreement between the City of Coppell (Owner) and Thos. S. Byrne, Ltd. (Construction Manager) as approved by the City Council on September 22, 2015 for the expansion and renovation of The Cozby Library and Community Commons, including Preconstruction Services for $10,000.00, and authorizing the Board President to sign. 2030: Sustainable City Government. Excellent and Well Maintained Infrastructure and Facilities. Goal 47 — Begin Library Renovation Project. General Information: • The request for proposals for Construction Management Services were advertised in the summer of 2014 • Interviews were conducted in August of 2014 • Thos. S. Byrne, Ltd. recommended as Construction Manager at Risk for The Cozby Library and Community Commons expansion and renovation • The CRDC approved the award to RFQ No. 0126, for Construction Manager at Risk Services to Byrne on October 6, 2014. • The same selection process was used for the Life Safety Park and Andrew Brown Parks redevelopment projects • Based on the review of the Agreement by the City Attorney, all three Agreements with the three different Construction Managers are the same. • On February 10, 2015 and February 17, 2015 this same Agreement being considered by Council now was approved by the Coppell City Council and CRDC respectively for Core Construction Services of Texas, Inc. for the redevelopment and improvements at Andrew Brown Park, West and East. • The contract with Byrne reflects the $10,000 for Preconstruction Services which were approved by the CRDC and have since been performed. • The Contract will be amended by the Action Item following this item to reflect the Guaranteed Maximum Price. Introduction In the summer of 2014 a Request for Proposals was advertised for the eventual selection of a Construction Manager for the Cozby Library and Community Commons project. Interviews were held in August of 2014. Several firms submitted their qualifications and went through the interview process. Based on these interviews Byrne was recommended by staff for eventual approval by the CRDC and City Council. On October 6, 2014 the CRDC approved the award of RFQ No. 0126 Construction Manager at Risk to Byrne. That contract included approval of the fee of $10,000 for preconstruction services related to cost analysis and Value Engineering. It also set out the terms for the eventual contract which were to include the Construction Phase Fee, and the Not -To -Exceed General Conditions Costs, based on an estimated project cost of $5.0 million. This Action Item, the master Agreement with Thos. S. Byrne, Ltd. is the next step in the process for them to serve as the Construction Manager for the Cozby Library and Community Commons project now that the project is ready to begin construction. There is another Action Item associated with this particular process and that is the Amendment to this Agreement approving The Guaranteed Maximum Price for the project. Analysis: The agreement will put into place the General Conditions for Byrne to engage in the Cozby Library and Community Commons expansion and renovation project. Included in this master agreement is the pricing for Byrne to provide cost analysis and value engineering throughout the design process, which they have performed and was previously approved by the CRDC in October of 2014. General Conditions are also included within the contract, which will be implemented at the time the Guaranteed Maximum Price for the construction portion of the project is established and presented to Council as an Amendment to the contract for both Council and CRDC approval. The Coppell City Council will be considering approval of this contract during their scheduled meeting on Tuesday September 22, 2015. Legal Review: The City's legal counsel has reviewed this Agreement Between Owner and Construction Manager. Fiscal Impact: The Fiscal Impact of this item is $10,000 for the cost analysis and value engineering work through the design phase of the project. Funding for this project is budgeted in the General Fund and CRDC. Recommendation: The City Manager's Office recommends approval of the Agreement Between the City of Coppell (Owner) and Thos. S. Byrne, Ltd. (Construction Manager) for the expansion and renovation of The Cozby Library and Community Commons, including Preconstruction Services for $10,000.00 and authorizing the Board President to sign. y AIA Document A133 TM 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 flidell Associates Architects 3033 Kellway Drive, Suite 120 Carrollton, TX 75006 The Owner's Designated Representative: (Name, address and other information) Mike Land, Deputy City Manager City of Coppell 255 Parkway Blvd. Coppell, TX 750,19-9478 The Construction Manager's Designated Representative: (Name, address and other information) Martin Lehman Thos. S. Byrne, Ltd 2601 Scott Avenue, Suite 300 Fort Worth, TX 76103 AIA Document A133Tm — 2009 (formerly A121 *MCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. 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 17:09:49 on 09/15/2015 under Order No.3426853652_1 which expires on 08/2712016, and is not for resale. User Notes: (1433028921) ADDITIONS AND DELETIONS: AGREEMENT made as of the 22 day of September in the year 2015 The author of this document has added information needed for its (In words, indicate day, month and year.) completion. The author may also have revised the text of the original BETWEEN the Owner: AIA standard form. An Additions and (Name, legal status and address) Deletions Report that notes added information as well as revisions to City of Coppell the standard form text is available 255 Parkway Blvd. from the author and should be Coppell, TX 75019-9478 reviewed. A vertical line in the left margin of this document indicates and the Construction Manager: where the author has added (Name, legal status and address) necessary information and where the author has added to or deleted Thos. S. Byrne, Ltd. from the original AIA text. 2601 Scott Avenue, Suite 300 This document has important legal Fort Worth, TX 76103 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. for the following Project: AIA Document TM -2007, (Name and address or location) General Conditions of the Contract W. T. Cozby Library and Community Commons for Construction, is adopted in this document by reference. Do not use with other general conditions unless The Architect: this document is modified. (Name, legal status and address) flidell Associates Architects 3033 Kellway Drive, Suite 120 Carrollton, TX 75006 The Owner's Designated Representative: (Name, address and other information) Mike Land, Deputy City Manager City of Coppell 255 Parkway Blvd. Coppell, TX 750,19-9478 The Construction Manager's Designated Representative: (Name, address and other information) Martin Lehman Thos. S. Byrne, Ltd 2601 Scott Avenue, Suite 300 Fort Worth, TX 76103 AIA Document A133Tm — 2009 (formerly A121 *MCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. 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 17:09:49 on 09/15/2015 under Order No.3426853652_1 which expires on 08/2712016, and is not for resale. User Notes: (1433028921) The Architect's Designated Representative: (Name, address and other information) Tony Blaas Hidell Associates Architects 3033 Kellway Drive, Suite 120 Carrollton, TX 75006 WHEREAS City of Coppell (hereinafter referred to as "Owner") and Thos. S. Byrne, Ltd. d/b/a Byrne Construction Services (hereinafter referred to as "Construction Manager") desire to enter into a contract under which Construction Manager will perform construction services relating to the above -referenced Project on behalf of Owner; WHEREAS Owner and Construction Manager have agreed to enter into AIA Document A133-2009 Agreement ("Contract") as the basic form for that contract; and WHEREAS certain terms and conditions of the contract must be modified to comply with applicable laws and policies affecting Owner and Construction Manager on this Project, Owner and Construction Manager hereby agree to the following amendments to the Contract: The Owner and Construction Manager agree as follows. AIA Document A133"'" — 2009 (formerly A121 T°'CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 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 17:09:49 on 09/15/2015 under Order No.3426853652_1 which expires on 08/27/2016, and is not for resale. User Notes: (1433028921) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES COMPENSATION FOR CONSTRUCTION PHASE SERVICES COST OF THE WORK FOR CONSTRUCTION PHASE PAYMENTS FOR CONSTRUCTION PHASE SERVICES INSURANCE AND BONDS DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement as amended, Conditions of the Contract (General, Supplementary and other Conditions as amended), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, all sections of the Project Manual issued prior to the Construction Manager's Guaranteed Maximum Price Proposal, other documents listed in this Agreement, Modifications issued after execution of this Agreement, the proposal signed by the Construction Manager, the request for proposals, and Contractor's proof of payment, and performance bonds and proof of insurance, 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 Guaranteed Maximum Price 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. Any reference to AIA Document A201-2007 in this Agreement shall be construed as the CMA Document A201-2007, as amended. § 1.1.1 Any revision, amendment, or modification to the Standard Form of this Agreement shall be valid, binding, and enforceable only if said revision, amendment or modification is made conspicuous by being underlined, lined -through, or highlighted in this Agreement signed by Contractor and the authorized representative of Owner's City Council. In the event of conflict, terms and conditions contained in the Agreement, as amended, shall take precedence over terms and conditions contained in the General Conditions, as amended, and the terms and conditions in the General Conditions, as amended, shall take precedence over all other terms and conditions contained in the other Contract Documents. If the Request for Proposals and the Proposal are included in the Contract Documents, then the Request for Proposals shall take precedence over the Proposal, unless specifically agreed otherwise herein. § 1.1.2 The City Council, by majority vote, is the only representative of the Owner, a municipality, having the power to enter into or amend a contract, to approve changes in the scope of the Work, to approve and execute a Change Order or Construction Change Directive modifying the Guaranteed Maximum Price to agree to an extension to the date of Substantial or Final Completion, or to terminate a contract The Owner designates the following as the individuals authorized to sign documents on behalf of the City Council: Mr. Clay Phillips, City Manager of the City of AIA Document All 33 TM — 2009 (formerly A121IT"CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 3 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) Coppell. Notwithstanding anything stated to the contrary in this section 1.1.2, The Owner hereby authorizes Mr. Clay Phillips to execute Change Orders on behalf of the City and the City Council, without the necessity of a majority vote, for work whose value is up to and including $25,000.00. § 1.1.3 The City Council designates the authorized representatives identified on the front page to act on its behalf as provided in paragraph 3.2 of this Agreement. § 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 cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner to perform the Work defined in the Contract Documents, in accordance with the Owner's requirements and construction cost limitations, as approved by the Owner's City Council as set forth in the Contract Documents; to furnish efficient construction administration, management services and supervision to finish construction services, if allowed in accordance with law; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. The Owner and Construction Manager shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager, Construction Manager's subcontractors, and other persons or entities employed by the Owner for the Project. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201TM-2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2007 as amended, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. 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 shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 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 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 constructability; availability of materials and labor; time requirements for procurement, installation and construction which shall satisfy Owner's time requirements; 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. § 2.1.2.1 During the Preconstruction Phase, the Construction Manager shall review the Contract Documents to attempt to ascertain whether the components of the plumbing, electrical and mechanical systems may be constructed without interference with each other, or with the structural or architectural components of the Project, or with existing systems. In the event that conflicts between the systems are discovered, the Construction Manager shall promptly notify the Owner and Architect in writing. § 2.1.2.2 Notwithstanding any provision of the General Conditions of the Contract for Construction to the contrary, the Construction Manager shall not be entitled to additional compensation for any delay or disruption to the Work arising from any conflict between the mechanical, electrical, and plumbing systems with each other, or with the structural or AIA Document All 33 TM— 2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 4 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) architectural components of the Work, or with existing systems, if such conflicts should have been discovered during the Construction Documents Phase by the Construction Manager through the exercise of reasonable diligence, and the Owner and Architect were not informed of found defects or mistakes on such conflicts as required by subparagraph 2.1.2.1. This provision shall apply only with respect to conflicts appearing in the Drawings and Specifications provided for the Construction Manager's review prior to proposal of a Guaranteed Maximum Price. However, the duty to design without such conflicts remains with the Architect. In order to avoid delays and costs due to conflicts between plumbing, electrical and mechanical systems with each other, or with structural or architectural components, Architect will be instructed by Owner to carefully review all drawings and correct any conflicts prior to releasing them to the Construction Manager. § 2.1.3 Project Schedule When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; dates of Substantial Completion and Final Completion; and the occupancy requirements of the Owner. If updated Project schedules indicate that previously -approved schedules may not be met, then the Construction Manager shall make appropriate recommendations to the Owner and Architect and, upon written approval of both, shall implement necessary corrective action. § 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. The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications so as to facilitate the proposal of a Guaranteed Maximum Price when all elements of the Drawings and Specifications are at least one hundred percent complete, unless mutually agreed otherwise by the Architect, Owner and the Construction Manager. § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, 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 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 and make recommendations for corrective action and/or cost reductions, including but not limited to, substitution of materials or revisions or alterations to the Design Development Documents or the Construction Documents, to bring the Project within the Owner's budget, but shall not delete necessary components of the Project without Owner's City Council's consent. In the event that the quality or scope identified in the estimates are unacceptable or exceed the Owner's identified budget, the Construction Manager shall work with the Architect to attempt to develop options that are reasonably acceptable to Owner and are within the Owner's budget. AIA Document A133Tm — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 5 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project. To the extent not inconsistent with the Construction Manager's requirements under Texas Government Code Chapter 2267, Subchapter F, the Construction Manager shall seek to develop subcontractor interest in the Project and shall furnish to the Owner and Architect for their information a list of possible subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design, from whom proposals will be requested for each principal portion of the Work. The Architect will promptly reply in writing to the Construction Manager if the Architect or Owner knows of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject for good cause any proposed subcontractor or supplier. § 2.1.7 The Construction Manager shall prepare, 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 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. § 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 recommendations and advice of the Construction Manager concerning design alternatives and potential cost savings shall be subject to the review and approval of the Architect, Owner and the Owner's professional consultants. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 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 authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 When all elements of the Construction Documents are at least 100 per cent complete, as mutually agreed upon by the Owner, the Construction Manager, and the Architect, the Construction Manager shall prepare 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; the general conditions, and the Construction Manager's Fee. If any Guaranteed Maximum Price proposal submitted to the Owner exceeds previously -approved estimates or the Owner's budget, then the Construction Manager shall make appropriate recommendations to the Owner and Architect for cost reductions, including but not limited to, substitution of materials or revisions or alterations to the Construction Documents, to bring the Project within the Owner's budget, but shall not delete necessary components of the Project without Owner's City Council's consent. In. the event that the quality or scope identified in the proposal are unacceptable or exceed the Owner's identified budget, the Construction Manager shall work with the Architect to develop options that are acceptable to Owner, are within the Owner's budget, and meet the Owner's requirements for dates of Substantial Completion and Final Completion. The Construction Manager may propose separate Guaranteed Maximum Prices for separate Works within the Project, as schedules and efficiencies dictate. The Construction Manager will work with the Architect to achieve a Guaranteed Maximum Price that is fully acceptable to Owner and is within the Owner's budget for the Work and for the Project. The Owner's budget is stated in §11.5.9 of the Agreement. AIA Document All 337m — 2009 (formerly All 21 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAP Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 6 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 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 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, general conditions, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; .5 The date of Final Completion upon which the proposed Guaranteed Maximum Price is based, which date shall be not more than 30 days after the date of Substantial Completion; and .6 The Guaranteed Maximum Price proposal may not be based in any part on any subcontract or material supply contract which would require the Owner to compensate the Construction Manager on other than a maximum price basis. § 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. The Guaranteed Maximum Price will contain a separately -identified contingency amount (the "Construction Contingency"). The Construction Contingency is not allocated to any particular item of the Cost of the Work and is established for the Construction Manager's use as may be required for costs incurred in the Work from unforeseeable causes, or details which should have been anticipated by the Construction Manager at the time of the Owner's approval of the Guaranteed Maximum Price. Such unforeseeable causes or unanticipated details include, but are not limited to, refinement of details of design within the scope of standards, quality and quantities which are reasonably inferable from the Guaranteed Maximum Price documents, the correction of minor defects not relating to design, delays in receipt of materials, and additional costs relating to Subcontractor defaults not reimbursed by the Subcontractor's bonding company. The Construction Manager, with Owner's representative's written approval, may utilize the Construction Contingency for any of the above items within the Cost of the Work without the necessity of a Change Order, without constituting a Change in the Scope of the Work, and without resulting in any change in the Guaranteed Maximum Price. Any unforeseeable causes or unanticipated details which exceed the Construction Contingency shall be borne by the Construction Manager at the Construction Manager's sole risk. All savings will accrue and be available for use, only as detailed above, by the Construction Manager until the Construction Manager's final accounting. In the final accounting, all supporting documentation for all uses of the Construction Contingency shall be provided to Owner. Upon final accounting, all remaining monies in the Construction Contingency shall accrue to the Owner. The Guaranteed Maximum Price shall also include a separately -identified contingency amount, an "Owner's Contingency," which is defined as a contingency fund within the Guaranteed Maximum Price established by the Owner for the Owner's exclusive use. Monies from Owner's Contingency may be spent in the discretion of Owner's Representative and without additional City Council approval, but with subsequent notice to Owner's City Council. Any unused Owner's contingency shall accrue to the Owner. If Construction Manager fails to include a specific line item for Owner's contingency in the Guaranteed Maximum Price, then the identified contingency amount shall be split in half: 50% shall be the Construction Contingency and 50% shall be Owner's Contingency. § 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. AIA Document A133 TM — 2009 (formerly A121 TMCMC — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 7' 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) As soon as feasible after Architect's preliminary approval of the Construction Manager's proposed Guaranteed Maximum Price, the Architect will prepare the Amendment forms and return them to the Construction Manager for review, signature, and return to the Owner. § 2.2.6 The Owner's City Council shall be allowed not less than fifteen (15) days after receipt of the Construction Manager's signed Guaranteed Maximum Price Amendment to review and take action on the Amendment. Unless the Owners City Council accepts the Guaranteed Maximum Price Amendment by City Council action within fifteen (15) days after City's receipt, the Amendment will not become effective. Following acceptance of a Guaranteed Maximum Price Amendment, and the Owner shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect and Construction Manager. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 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 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 any taxes from which Owner is exempt. § 2.2.10 The Construction Manager shall diligently prosecute and achieve Substantial and Final Completion of the Entire Work as provided in the Amendment. § 2.3 Construction Phase § 2.3.1 General (Paragraphs deleted) § 2.3.1.1 [T]he date of commencement of the Work shall mean the date of commencement of the Construction Phase as provided in Section 8.1.2 of A201-2007. § 2.3.2 Administration § 2.3.2.1 Pursuant to Texas Government Code Chapter 2267, Subchapter F". In the first sentence, after "The Construction Manager shall", replace "obtain bids" with "publicly advertise and solicit through competitive purchasing, as required by law, competitive sealed proposals"; and delete "and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect." and replace it with "for the performance of all major elements of the Work." In the new second sentence replace "bids" with "proposals. 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. The Construction Manager may seek to perform portions of the Work required to be publicly advertised. If the Construction Manager submits its own proposal for any portion of the Work, it shall do so in the same manner as required of all subcontractors. Owner shall decide whether or not Construction Manager's proposal for self -performing portions of the Work offers the best value to Owner. In opening proposals, neither Construction Manager nor Owner shall disclose the contents of a proposal. All proposals shall be made public within seven days after the Owner's final selection. If Construction Manager's proposal is selected by the Owner, the proposed cost for the self -performed work shall be paid to the Construction Manager, pursuant to progress payments, as if Construction Manager were a subcontractor. Such payments to Construction Manager shall be included in the Cost of the Work, but the Construction Manager shall not receive an additional Construction Manager's fee for self -performed work. § 2.3.2.2 Pursuant to Texas Government Code Chapter 2267, Subchapter F, if during the course of recommending proposals, the Construction Manager recommends to Owner a proposal from a subcontractor, but the Owner requires AIA Document A133TM — 2009 (formerly A121 TMCMc-2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 8 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. t This document was produced by AIA software at 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) another proposal to be accepted, the Owner shall compensate the Construction Manager by a change in price, time, and/or Guaranteed Maximum Price for any additional cost and risk that the Construction Manager may incur as a result, if such change exists. Construction Manager shall state the additional cost and/or risk in writing and shall provide written proof of same before Owner compensates Construction Manager. § 2.3.2.2.1 The Construction Manager shall include the following specific notices in the information to proposers: .1 The successful proposer's responsibility to provide workers' compensation insurance in accordance with Texas Labor Code Chapter 406; .2 The successful proposer's responsibility to pay prevailing wages pursuant to Texas Government Code Chapter 2258; .3 A notice of the sales tax exemption for the Work and the procedure for obtaining any required exemption verification or certificate; and .4 The notice regarding trench and shoring safety required by Texas Health and Safety Code Section 756.02." § 2.3.2.2.2 Nothing herein shall preclude the Construction Manager from including other notices required or allowed by law. § 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 a 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. § 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. § 2.3.2.5 The Construction Manager shall schedule and conduct weekly or otherwise regularly -scheduled meetings at which Owner, Architect, Construction Manager, and appropriate Subcontractors 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. The Construction Manager shall provide periodic presentations updating the progress, quality and status of the Work to Owner's City Council, at Owner's request, at no additional cost to Owner. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment by Owner and Construction Manager, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201-2007, including the Owner's occupancy requirements, if provided to Construction Manager in writing prior to the GMP Proposal. § 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 at any time, including at the meetings referenced in paragraph 2.3.2.5, 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. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress including changes to the Work approved by Owner, and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. AIA Document A133TM — 2009 (formerly A121 TMCMC —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 9 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 2.3.3 To the extent that any portion of the Work requires a trench excavation exceeding five (5) feet in depth, in accordance with Texas Health and Safety Code Section 756.023(a), Construction Manager shall Bally comply, and shall require any applicable subcontractor to comply, with: 1 The Occupational Safety and Health Administration standards for trench safety in effect for the Construction of the Work. .2 The special shoring requirements, if any, of the Owner. .3 Any geotechnical information obtained by Owner for use by the Construction Manager in the design of the trench safety system. § 2.3.4 Trench excavation safety protection shall be a separate pay item, and shall be based on linear feet of trench excavated. Special shoring requirements shall also be a separate pay item, and shall be based on the square feet of shoring used. Said cost shall be included within the Guaranteed Maximum Price. § 2.4 Professional Services Section 3.12. 10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.6 Per Texas Government Code, §2267.257, if a selected trade contractor or subcontractor defaults in the performance of its work or fails to execute a subcontract after being selected, the Construction Manager may itself fulfill, without advertising, the contract requirements or select a replacement trade contractor or subcontractor to fulfill the contract requirements. Construction Manager shall be paid for its own performance in accordance with §2.3.2.1 and §6.2.1 herein. 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 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 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 including the Owner's Contingency as provided in Section 2.2.4. 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. § 3.1.3 If requested by the Construction Manager, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law or 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 as provided in Section 2.2.3 of AIA A201-2007. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 10 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 3.1.4.3 Unless provided by the Architect by agreement with the Owner, the Owner, when such services are reasonably required by the scope of the Work and are requested by the Architect or Construction Manager and approved by the Owner, 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 may 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 reasonable written request for such information or services. § 3.2 Owner's Designated Representative Owner's City Council shall designate one or more authorized representatives to act on its behalf in the day-to-day administration of the Project, to issue stop work orders, and to authorize expenditures within Owner's contingency. The City Council designates as its authorized representatives, the following individuals: Mike Land. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services that the Owner may determine to be reasonably necessary at any time for the Project to meet the Owner's needs and interests. Construction Manager shall furnish all legal, insurance and accounting services that Construction Manager may determine to be necessary to meet Construction Manager's needs and interests. § 3.3 Architect The Construction Manager's services shall be provided in conjunction with the services of an Architect The terms of the agreement between the Owner and the Architect shall be available for inspection by the Construction Manager upon request. § 3.4 INSPECTION AND TESTING Pursuant to Texas Government Code §2267.058, the Owner shall provide or contract for, independently of the Construction Manager, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the Work by Owner. 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.) Ten thousand dollars ($10,000.00) § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within six (6) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services may be equitably adjusted. § 4.1.4 Paragraph Deleted § 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 (Paragraphs deleted) within fourteen (14) days of receipt of the Construction Manager's invoice and application for payment for the Architect. Amounts unpaid more than twenty (20) days after the invoice receipt for the Architect shall bear interest in accordance with Texas Government Code Section 2251.025. AIA Document Al 337m — 2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 11 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) 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 plus the general conditions, the total of which shall not exceed the Guaranteed Maximum Price. § 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.) The lump sum fee is One Hundred Thirty Seven Thousand Dollars ($137,000) as defined in Article 6. Attachment A — Proposal Step 2 / RFQ No. 0126 (dated August 12, 2014). The fee shall be billed lump sum on a monthly basis by agreement between the parties. § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: The Construction Manager's lump sum fee shall be adjusted for changes in the work by the percentage of 2.75% of the cost of any Change Orders executed between the Parties that increase the GMP. The Construction Manager's Fee can only change by agreement of Owner's City Council. § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: See AIA Document A201, Section 7.1.4. § 5.1.4 GENERAL CONDITIONS The General Conditions and Field and Office Staff (Total Compensation Package) shall be a fixed fee of Four Hundred Eight Thousand Six Hundred Ninety Two Dollars ($408,692). General Conditions shall be those items as described in Attachment A —Proposal Step 2 / RFQ No. 0126 (dated August 12, 2014). Notwithstanding anything stated to the contrary in this Agreement, the items listed in Attachment A —Proposal Step 2 / RFQ No. 0126 (dated August 12, 2014) are the only items which shall be included in the General Conditions pricing ($408,692) and all other items are considered Cost of Work Items and will be billed accordingly. 5.1.4.1 The actual Cost of the Work does not include the Construction Manager's fee or compensation for general conditions. (Table deleted) (Paragraphs deleted) § 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 the Guaranteed Maximum Price Amendment, as it is amended from time to time as approved by Owner's City Council. To the extent the Contract Sum 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. Should the final audited Contract Sum be less than the Guaranteed Maximum Price, then the difference between the Contract Sum and the Guaranteed Maximum Price shall be considered as savings to the Owner, and Owner shall have no obligation to pay same to the Construction Manager. Construction Manager shall also consider as savings to the Owner all unused funds from any Contingency account. The Construction Manager shall not participate in any savings; all savings shall be credited to Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) If the actual cost of the work plus the Construction Manager's fee is less than the guaranteed maximum price, the Owner shall receive all savings. AIA Document A133TM — 2009 (formerly A121 TM'CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAP Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 12 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. t This document was produced by AIA software at 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Dates of Substantial Completion and Final Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner, with City Council' approval, if appropriate, 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, General Conditions of the Contract for Construction. Either the Construction Manager or the Owner, as appropriate, may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Increases or decreases, if any, to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007, 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 of AIA Document A201-2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 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 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. (Paragraph deleted) 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 the following costs necessarily incurred by the Construction Manager in the proper performance of the Work except those costs compensated as general conditions under Section 5.1.4 above. Such costs shall be at rates 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. Cost of the Work that exceeds the Guaranteed Maximum Price shall be borne by the Construction Manager. § 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 the Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform any portion of the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops, to the extent allowed by Texas Governmental Code Sections 2267.255 or 2267.257 as defined in Attachment A. Total personnel costs (Total Compensation Package) shall be capped at ($244,955) as listed in Attachment A —Proposal Step 2 / RFQ No. 0126 (dated August 12, 2014). § 6.2.2 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 to the extent not compensated under general conditions. § 6.2.3 DELETED (Paragraphs deleted) AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 13 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. Any Subcontract Work to be performed by the Construction Manager's own forces on the basis of a bid or proposal submitted by the Construction Manager per § 2.3.2.1, as amended, shall be treated as Work performed by a Subcontractor under this Section. The Construction Manager's compensation for such Subcontract Work performed shall be based on the amount of the bid or proposal submitted by the Construction Manager for such Work, rather than "actual costs" as provided elsewhere in Article 6 of this Agreement. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and Owner -approved storage, 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 spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, 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 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. § 6.5.2 Costs of removal of debris from the site of the Work and its proper and legal disposal other than final clean-up. § 6.5.3 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior written approval. § 6.5.4 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that ate 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. (Paragraphs deleted) § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority for materials that are related to the Work, but not incorporated in the Work and for which the Construction Manager is liable and Owner is not exempt. § 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. § 6.6.4 Fees of laboratories for tests required by the Contract Documents and paid by the Construction Manager, 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. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. Init. AIA Document All 33 TM — 2009 (formerly All 21 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIMS' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAID 14 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 6.6.6 Deposits lost for causes directly resulting from the Owner's action or decisions. (Paragraphs deleted) § 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. § 6.7.3 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 A201-2007 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, or other provision of or amendments to this Agreement. However, notwithstanding anything in Article 6 to the contrary, no reimbursable cost or expense will be paid again if it is also included and paid in any general conditions amount submitted by Construction Manager. (Paragraph deleted) § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 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 Costs due to the negligence or 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; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; .8 Costs for services incurred during the Preconstruction Phase; .9 Delay damages or claims; .10 Storage costs, unless with prior written Owner approval, except for storage costs on site; .11 All costs intentionally deleted from Section 6 above, including all subsections; and .12 All items included in either general conditions under Section 5.1.4 above, or the Construction Manager's Fee in Section 5.1.1 above. .13 Cost of the Work listed or defined in Attachment A —Proposal Step 2 / RFQ No. 0126 (dated August 12, 2014). § 6.9 Discounts, Rebates and Refunds § 6.9.1 Construction Manager shall take advantage of all available discounts, rebates, and refunds for supplies, materials and equipment connected with the Work and which conform to the Contract Documents, which discounts, rebates, and refunds shall accrue to the benefit of the Owner. Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner shall make provisions so that they can be obtained. § 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. AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 15 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. t This document was produced by AIA software at 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term "related party" shall mean 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 any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner in writing of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.2.1, 2.3.2.2.2 and 2.3.2.3. If the Owner fails or refuses 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 according to the terms of Sections 2.3.2.2.1, 2.3.2.2.2 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. The Owner and the Owner's auditors, and other representatives shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, 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 for a period of ten (10) years after the date of Final Completion, or for such longer period as may be required by law. 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 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 The Construction Manager shall submit monthly Applications for Payment to both the Architect and Program Manager, if applicable, on AIA. Form G702 for approval. Continuation sheets shall be submitted on MA Form G703. If the Architect and Program Manager, if applicable, approve the application, then they shall submit a Certificate for Payment to the Owner. The Architect and Program Manager, if applicable, may require any additional information deemed necessary and appropriate to substantiate the Application for Payment. Materials that are verified to be on the jobsite or other approved location for use in the Project may also be incorporated into the Application for Payment. The Architect and Program Manager, if applicable, shall have seven (7) days from date of receipt from the Construction Manager of an Application for Payment to approve or reject all or any part of the Application for Payment. The Owner shall pay the undisputed amounts certified by the Architect and Program Manager, if applicable, to the Construction Manager within fourteen (14) days. Undisputed amounts unpaid after the date on which payment is due shall bear interest pursuant to Texas Government Code Section 2251.025. § 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 AIA Document At 33 TM — 2009 (formerly A121 TmCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 16 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) Application for Payment. Each Application for Payment shall also include a list, with backup data, of how each payment shall be spent, including a list detailing which subcontractors and suppliers will be paid out of funds paid by the Owner and the amount of such payments to subcontractors and suppliers, and in the next payment cycle, proof of each payment to Construction Manager's subcontractors and suppliers after 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 less any unused Owner's contingency and unused Construction Manager's contingency 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 and Program Manager, if applicable, may require. This schedule, unless objected to by the Architect Manager, if applicable, 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 percentage of that portion of the Work which has actually been completed § 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 Article 7 of AIA Document A201-2007; .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. 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 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 the aggregate of previous payments made by the Owner; .5 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 or other representatives in such documentation; .6 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; .7 Subtract retainage of five percent (5%) of the remaining amount, including the Construction Manager's Fee, of the progress payment; and .8 The progress payment amount determined in accordance with this Section shall be further modified under the following circumstances: Add, if Final Completion of the Work is thereafter materially delayed by Owner or Owner's agents through no fruit of the Construction Manager, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007, as amended. If Owner is entitled to deduct liquidated damages, or any other damages or amounts provided in the Contract Documents, including clean-up fees, then Owner shall be entitled to deduct such liquidated damages, amounts and fees due Construction Manager at any time. If Construction Manager fails or refuses to complete the Work, or has unsettled claims with Owner, then any final payment to Construction Manager shall be subject to deduction for such amounts as the Architect and Program Manager, if applicable, shall determine as the cost for completing incomplete Work and the value of unsettled claims. § 7.1.8 The Owner and Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors. The percentage of retainage held on Subcontracts shall be the same AIA Document A133TM — 2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 17 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) percentage of retainage withheld from Construction Manager. The Construction Manager shall execute subcontracts that contain the same terms and conditions as those contained in this Agreement. § 7.1.9 Except with the Owner's prior written approval or as otherwise provided in Section 9.3.2 of the AIA Document A201-2007," after "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 submitting Construction Manager's Applications for Payment, the Construction Manager shall be responsible for all errors and omissions. Owner shall not be responsible for Construction Manager's errors or omissions. § 7.2 Final Payment § 7.2.1 Final payment, (for each Work, if multiple Projects), shall be made by the Owner to the Construction Manager when 1 the Construction Manager has fully performed the Contract including the Construction Manager's responsibility to correct Work except for the Construction Manager's responsibility to satisfy other requirements, if any, which Owner agrees in writing necessarily 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 that are certified by Construction Manager and reviewed and approved by the Owner's auditors or other representatives; .3 a final Certificate for Payment has been issued by the Architect and approved by Program Manager, if applicable; .4 Construction Manager has provided all documents required by Section 3.5.8 of AIA Document A201- 2007; and .5 Owner's City Council has voted to accept the Work and approve Final Payment. The Owner's final payment to the Construction Manager shall be made no later than 30 days after City Council approval. § 7.2.1.1 The amount of the final payment shall be calculated as follows: .1 Begin with the actual Cost of the Work substantiated by the Construction Manager's final accounting, which includes deductions for all discounts and unused contingencies, and construction savings achieved in the Cost of the Work, if applicable. .2 Add the actual expended general conditions substantiated by the Construction Manager's final accounting, which includes savings to the Owner for unused general conditions. .3 Add the Construction Manager's Fee. .4 Subtract amounts, if any, for which Architect or Owner disputes, refuses or withholds payment, if any. .5 If Owner is entitled to deduct liquidated damages or any other damages or amounts provided in the Contract Documents, including clean-up fees, then subtract all such liquidated damages, amounts and fees. .6 If Construction Manager fails or refuses to complete the Work, or has unsettled claims with Owner, then subtract such amounts as the Architect shall determine as the cost for completing incomplete Work and the value of unsettled claims. .7 Subtract all previous payments made by the Owner. .8 In no event shall the total of subsections .1, .2, and .3 above exceed the Guaranteed Maximum Price; and .9 If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the difference to the Owner, plus interest as allowed by law. § 7.2.2 The Owner's auditors or other representatives 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 or other representatives report to be substantiated by the AIA Document A133T"' — 2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 18 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) 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 or other representatives, 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. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors or other representatives 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. A request for mediation shall be made by the Construction Manager within the time line established in Section 15.2 of A201-2007 after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this time 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 prior written 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. § 7.3 LIQUIDATED DAMAGES § 7.3.1 Time is of the essence in all phases of the Work. It is specifically understood and agreed by and between Owner and Construction Manager that time is of the essence in the Substantial Completion and Final Completion of the Project and Owner shall sustain actual and direct damages as a result of Construction Manager's failure, neglect or refusal to achieve said deadlines. Such actual and direct damages are, and will continue to be, impracticable and extremely difficult to determine. Execution of this Agreement under these specifications shall constitute agreement by Owner and Construction Manager that the amounts stated below are the minimum value of the costs and actual and direct damages caused by failure of Construction Manager to substantially complete the work within the allotted times, that such sums are liquidated direct damages and shall not be construed as a penalty, and that such sums may be deducted from payments due Construction Manager if such delay occurs. It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Work is not completed within the agreed time, or within the agreed extended time, if any, otherwise provided for herein. Said sum shall be considered as liquidated damages only and in no sense shall be considered a penalty, said damages being caused by, but not limited to, additional compensation for personnel, attorneys fees, architectural fees, engineering fees, program management fees, inspection fees, storage costs, food service costs, transportation costs, utilities costs, costs of temporary facilities, loss of interest on money, and other miscellaneous increased costs, all of which are difficult to exactly ascertain. Failure to complete the Work within the designated or agreed extended dates of Substantial or Final Completion, shall be construed as a breach of this Agreement. § 7..2 It is expressly agreed as a part of the consideration inducing the Owner to execute this Agreement that the Owner may deduct from the Final Payment made to the Construction Manager a sum equal to $0.00 per day for each and every additional calendar day beyond the agreed date of Substantial Completion. § 7.3.3 Timely Final Completion is an essential condition of this Agreement. Construction Manager agrees to achieve Final Completion of the Agreement within 30 days of the designated or extended date of Substantial Completion. Owner and Construction Manager agree that should Construction Manager fail to achieve Final Completion of the Agreement by the deadline, Owner shall continue to be damaged to a greater degree by such delay. Construction Manager and Owner agree that the amount of liquidated damages for each calendar day Final Completion is delayed beyond the date set for Final Completion shall be the sum of $0.00 per day. Owner may deduct from the Final Payment made to Construction Manager, or, if sufficient funds are not available, then Construction Manager shall pay Owner the amounts specified per day for each and every calendar day the breach continues after the deadline for Final Completion of the Work. AIA Document A133TM —2009 (formerly A121 TmCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 19 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 7.3.4 Such damages shall be in addition to, and not in lieu of, any other rights, claims or remedies Owner may have against Construction Manager. If the Work is not finally completed by the time stated in the Agreement, or as extended, no payments for Work completed beyond that time shall be made until the Project reaches Final Completion. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance which may arise out of or result from the Construction Manager's operations under this Contract, whether such operations be by Construction Manager, or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable Prior to performing the Work, the Construction Manager shall provide separate performance and payment bonds in accordance with AIA Document A201- 2007 Section 11.5. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 ofAlA Document A201-2007.) Type of Insurance or Bond Workers' Compensation and Employers Liability Commercial General Liability Automobile Liability Performance & Payment Bond Limit of Liability or Bond Amount ($0.00) Statutory limits mandated by state and federal laws $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Personal and Advertising Injury $2,000,000 Products -Completed Operations Aggregate $1,000,000 Each Accident Equal to 100% of the Contract Sum ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim by the Construction Manager regarding any matter 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. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision or recommendation by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution. (Paragraphs deleted) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Section 14.1.1, 14.1.2 or 14.1.4 of A201-2007. § 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 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. AIA Document A133TM — 2009 (formerly All 21 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 20 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. t This document was produced by AIA software at 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) § 10.1.4 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager 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. § 10.1.5 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse 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. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of 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. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 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. (Paragraph deleted) § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. In such case, the Guaranteed Maximum Price, if established and Contract Time may be increased as provided in Section 14.3.2 of AIA Document A201-2007 ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Unless otherwise noted, terms in this Agreement shall have the same meaning as those in A201-2007. § 11.2 Ownership and Use of Documents Section 1.5 of A201-2007 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. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. The Construction Manager shall not assign this Agreement without the written consent of the Owner's City Council. If Construction Manager attempts to make such an assignment without such consent, the Construction Manager that party shall nevertheless remain legally responsible for all obligations under the Contract. This does not prevent Construction Manager from engaging subcontractors to perform various phases of the Project in accordance with law, but Construction Manager shall be fully responsible to Owner for the work, actions and omissions of all such subcontractors. § 11.5 Other provisions: § 11.5.1 No delay or omission by Owner in exercising any right or power accruing upon the noncompliance or failure of performance by the Construction Manager of any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, A waiver of any breach by either of the parties of any covenant, AIA Document A133T"' — 2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 21 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) condition or agreement shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained. § 11.5.2 Contractor shall require all construction workers, whether Contractor's own forces, or the forces of Contractor's subcontractors, to wear identification tags on the front of their persons during all times that they are on Owner's property. Such identification tags shall have identification of the construction worker by number or other identifying medium in a typeface large enough to be seen from a reasonable distance. § 11.5.3 Contractor shall require all construction workers, whether Contractor's own forces or the forces of Contractor's subcontractors, to park their personal motor vehicles on Owner's property only in the parking places designated by the Owner's campus principal. Any vehicles not parked in the appropriate locations shall be towed at the vehicle owner's sole expense. § 11.5.4 Contractor shall follow, and shall require all employees, agents or subcontractors to follow all applicable ordinances of the municipality or municipalities in which the Project is located, including the tree ordinance, if applicable. If not covered by the municipal tree ordinance, Contractor shall barricade and protect all trees on the Project, which shall be included in the Cost of the Work. § 11.5.5 Execution of this Agreement shall constitute approval and acceptance of all terms, covenants and conditions as modified and contained in the Contract Documents. As a material consideration of the making of this Agreement, the Modifications to this Agreement shall not be construed against the maker of said Modifications. § 11.5.6 By signing this Agreement, the undersigned certifies as follows: "Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in the contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." § 11.5.7 Contractor stipulates that Owner is a political subdivision of the State of Texas, and, as such, may enjoy immunities from suit and liability under the Constitution and laws of the State of Texas. By entering into this Agreement, Owner does not waive any of its immunities from suit and/or liability, except as otherwise specifically provided herein and as specifically authorized by law. § 11.5.8 This Agreement is subject to all applicable federal and state laws, rules, and regulations. Invalidity of any portion of this Agreement under the laws of the State of Texas or of the United States shall not affect the validity of the remainder of this Agreement. Governing law and venue shall be as specified in AIA Document A201-2007 Section 13.1. § 11.5.9 The Owner's Budget and cost limitation for the entire Project is the sum of $5,000,000, which may be modified by Owner's City Council; however, no modification will reduce Construction manager's GMP, without its agreement. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Contract 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 Contract may be amended only by written instrument signed by both Owner and Construction Manager. If any portion of this Contract is determined to be invalid, unenforceable, or void, then that portion shall be severed, and all other portions of this Contract shall remain in full force and effect. 12.2 The following documents are included in the Contract, in addition to those listed in Section 1.1: .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 Price .2 AIA Document A201-2007, General Conditions of the Contract for Construction .3 (Paragraphs deleted) AIA Document A133T"' — 2009 (formerly A121 TMCMc-2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 22 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 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) Other documents: Attachment A —Proposal Step 2 / RFQ No. 0126 (dated August 12, 2014) Construction Manager -At -Risk for City of Coppell, Construction Manager at Risk for W.T. Cozby Library Renovations, RFQ No. 0126, August 12, 2014) (List other documents, if any, forming part of the Agreement.) (List here any additional documents that are intended to form part of the Contract Documents. ALA Document A201- 2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Init. AIA Document A133TM' — 2009 (formerly A121 TMCMc —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® 23 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. t This document was produced by AIA software at 11:10:29 on 09/29/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1500147286) This Agreement is entered into as of the day and year first written above. OWNER (Signature) Clay Phillips, City Manager City of Coppell (Printed name and title) COPPELL RECREATION DEVELOPMENT CORPORATION (Signature) Mark Tepper, President Coppell Recreation Development Corporation (Printed name and title) CONSTRUCTION MANAGER (Signature) Martin T. Lehman, President — North Texas T. S. Byrne Management, Inc., General Partner (Printed name and title) COPPELL RECREATION DEVELOPMENT CORP. CITY OF COPPELL, TEXAS EXECUTED this ATTEST: .00 BIJU MATHEW, Secretary CITY OF COPPELL, TEXAS EXECUTED this ATTEST: In day of , 2015. day of , 2015. CHRISTEL PETTINOS, City Secretary APPROVED AS TO FORM: ROBERT HAGER, City Attorney AIA Document A133TM — 2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 24 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. t This document was produced by AIA software at 10:27:26 on 09/02/2015 under Order No.4494594925_1 which expires on 09/02/2016, and is not for resale. User Notes: (1430878066) ATTACHMENT A RFQ #0126 CONSTRUCTION MANAGER AT RISK - W.T. COZBY LIBRARY PROPOSAL (Step 2) Construction Manager -at -Risk for City of Coppell Construction Manager at Risk for W.T. Cozby Library Renovations RFQ No. 0126 August 12, 2014, 3:00 p.m. Submitted by: Byrne Construction Services Having examined the Request for Proposal, the undersigned proposes to furnish Construction Management -At -Risk services as required for this project as follows: Pre -Construction Phase Fee, Construction Phase Fee and General Conditions shall be based on the following project construction budget of approximately: $5,000,000.00 Pre -Construction Phase Fee, Construction Phase Fee and General Conditions shall be based on the following project schedule: Preconstruction 6 months Construction 12 months 1. Pre -Construction Phase Fee: To included personnel expense, project estimates, preliminary project schedules, value engineering, constructability reviews, pre -planning, overhead and profit, and other services through the pre -construction phase of the Project. Pre -Construction Phase Fee: $ 10,000 2. Construction Phase Fee: Identify a Construction Phase Fee Percentage and dollars of the construction budget for all home office expenses and any other expenses not included in the Allowable General Conditions Costs identified in Exhibit `A', including all overhead and profit. Construction Phase Fee Percentage: % 2.75 Construction Phase Fee Dollars: $137,500 3. Not -To -Exceed General Conditions Costs: CITY Or COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 ATTACHMENT A RFQ #0126 CONSTRUCTION MANAGER AT RISK — W.T. COZBY LIBRARY General Conditions Percentage: % 8.17 General Conditions Dollars: $ 408,692 Monthly General Conditions Dollars: $ 34,058 Using the not -to -exceed General Conditions identified above, list all project management, bonds, insurance, field office and office supplies costs for the Project(s). Allowable General Conditions Line Items (see list below): On Site Management Staff subtotal $ 244,955 Bonds and Insurance subtotal $ 81,605 Temporary Project Utilities subtotal $ 26,980 Field Office & Office Supplies subtotal $ 55,152 Total $ 408.692 Estimated On -Site Project Management Staff and Rates: Position Quantit Months Monthly Salary Rate Project Executive Project Manager 1 12.0 $10,058.33 Superintendent(s) 1 12.0 $10.337.60 Asst. Superintendents Project Engineer(s) Fields/Office Engineers(s) Field Support Staff Scheduler Safety Manager 4. Addenda: Acknowledgement of Addenda to this RFQ (if applicable). No. 18/4 No.2 No.3 No.4 Respectfully Submitted and Certified By: Pa Avila (Pr ntedNa Aril iorized Signa kre No. 5 Senior Vice President (Title) August 19, 2014 (Date) CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 ATTACHMENT A RFQ 90126 CONSTRUCTION MANAGER AT RISK - W.T. COZBY LIBRARY Exhibit `A' ALLOWABLE GENERAL CONDITION LINE ITEMS (Include items in spreadsheet below as deemed necessary. All items listed must include a dollar amount) Temporary Project Construction and Utilities Dumpsters Project Water Project Electricity Temporary Toilets Monthly Telephone Service Temporary Fire Protection Telephone System Installation Fencing and Covered Walkways Temporary Water Distribution and Meters Temporary Electrical Distribution and meters Ceremonies Field Offices & Office Supplies On -Site Project Management Staff Safety Coordinator/Assistant(s) Scheduler Project Executive Superintendent(s) Office Engineer(s) Project Manager(s) Project Expeditor(s) Project Support Staff Assistant Superintendent(s) Cost Engineer Temporary Project Construction and Utilities Dumpsters Project Water Project Electricity Temporary Toilets Monthly Telephone Service Temporary Fire Protection Telephone System Installation Fencing and Covered Walkways Temporary Water Distribution and Meters Temporary Electrical Distribution and meters Ceremonies Field Offices & Office Supplies Partnering Costs First Aid Supplies Job Photos/Videos Project Specific Signage Monthly Office Supplies Postage/Special Shipping Project/As-Built Drawings Security System/Watchman Move-In/Out and Office Setup Safety Material and Equipment Employee Identification System Drinking Water and Accessories Small Tools and Storage Trailers Office Clean-Up/Janitorial Services Monthly Office Trailer Rental Costs Project Computers and Software Mobilization and Demobilization (Equipment Only) Field Office Furniture Fields Office Equipment Copier and Supplies Field Office Telephone Communications Equipment Vehicles Vehicle Fuel and Maintenance Safety Equipment/Supplies Advertising CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 ATTACHMENT A RFQ #0126 CONSTRUCTION MANAGER AT RISK - W.T. COZBY LIBRARY Proposal Form EXHIBIT 'A' Construction Nlanager at Risk for Construction of W.T. Cozby Library Renovations General Conditions Description Quantity Unit Cost $/Unit Including All Burden, insurance, Etc. Total On Site Project Management Project Executive Mo. Project Manager 12.0 Mo. $10,058.33 $120.801 Superintendent(s) 12.0 Mo. $10,337.60 $124,155 Assistant Superintendent(s) Mo. Office Engineer(s) Mo. Project Expeditor Mo. Scheduler Mo. Project Support Staff Mo. Cost Engineer Mo. Senior Project Manager Mo. Safety Coordinator Mo. Temporary Project Construction and Utilities for CM Staff Dumpsters for CM Staff 12.0 Mo. $1,500.00 $18,015 Monthly Telephone Service 12.0 Mo. $150.00 $1,802 Project Water IM0. Temporary Toilets 12.0 Mo. $400.00 $4,804 Temporary Fire Protection 12.0 Mo. $46.46 $558 Telephone System Installation I -S Ceremonies LS Electrical and start up power 1.0 LS $1.801.50 $1,802 Field Offices and Otlice Supplies for CM Staff Partnering Costs LS Job Photos and Videos LS CM Project Specific Signage 1.0 LS $250.00 $250 Postage and Deliveries 12.0 Mo. $50.00 $601 Mobilization for Office Trailers 1.0 LS $2,100.00 $2,100 Monthly Office Rental Costs 12.0 Mo. $500.00 $6.005 Small Tools and Storage Trailers 12.0 Mo. $250.00 $3,003 Field Office Equipment Mo. Vehicles Including Fuel, Maintenance and Insurance - 12.0 Mo. $1,759.46 $21,131 Safety Equipment 12.0 Mo. $75.00 $901 First Ald Supplies 12.0 Mo. $29.14 $350 Job Office Supplies 12.0 Mo. $100.00 $1,201 Janitorial Services 12.0 Mo. 1 $200,00 $2,402 Project Computers and Software 12.0 Mo. $593.02 $7,122 Field Office Furniture 120 Mo. $54.12 $650 Copy Machine and Supplies 12.0 Mo. $425.71 $5,113 Communications Equipment 12.0 Mo. $360.00 $4,324 Advertising Mo. Bonds & Insurance P&P Bond 1.0 LS $47,255.00 $47,255 Builders Risk 1.0 LS By Owner CGL Insurance 1.0 LS $12,800.00 $12,800 Umbrella Insurance 1.0 LS $21,550.00 $21,550 TOTAL GENERAL CONDITIONS $408,692 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Berne Construction Services ATTACHMENT A City of Coppell W.T. Cozby Library Renovations Byrne has assembled a proven project team with extensive experience on similar municipal projects as well as multiple award winning projects completed together. The following is an overview of the project team resumes inCltlding excerpts of their individual project histories. Comprehensive resumes for each team member proposed are available upon request. Byrne Organizational Chart Martin Lehman * > President, North Texas Principal -in -Charge i > J.R. Evens, LEED AP Construction Manager/ Task Team Leader Paul Avila, CM -BIM Senior Vice President Director of Preconstrucltion Services I • I Lee Howell, LEED AP Vice President Chief Estimator I Daniel Anderson, CM -81M j Leland Tieh, LEED AP Director of Project Manager ;virtual Design & Construction 1 I TBD Randy Hudzik Office Engineer ! Superintendent t Preconstruction Construction Byrne Construction Services Education: Texas A & M University, College Station, Texas B. S., Construction Science, 1995 Texas Tech University, Lubbock, Texas 1988-1990 Professional Experience: 19 Years (19 years with Byrne) Professional Memberships: Associated Builders & Contractors - North Texas Chapter Associated General Contractors of America - TEXO Chapter Graduate Uncommon Leadership Program OSHA Safety Course Habitat for Humanity, Fort Worth Chapter, Executive Board Member Tau Sigma Delta Honor Society — Member Award — for GPA in Architecture & Allied Arts ATTACHMENT A City of Coppell W.T. Cozbv Library Renovations Martin Lehman President, North Texas — Principal -in -Charge As Principal -in -Charge, Martin is active in day-to-day operations, including oversight of estimating, purchasing, pre -construction and construction services and the ultimate delivery of the completed project. He devotes his time to the professional management of Byrne projects to conform to the Owner's criteria in scope, quality, time and budget. Martin's vast experience as a senior level executive for Byrne has contributed to Byrne's reputation as one of the most highly regarded contractors in the industry. Overview of Similar Projects: City of Keller - Municipal Complex, (Town Hall, Recreation Center, Police Department Expansion) Keller, Texas City of Wylie - Municipal Complex, (Library, Recreation Center and Town Hall), Wylie, Texas City of Fort Worth — Public Safety Training Facility, Fort Worth, Texas Tarrant County — New Northeast Subcourthouse, Hurst, Texas Grapevine Convention Center, Visitor's Bureau Headquarters & Museum Complex, Grapevine, Texas North Richland Hills Recreation Center, North Richland Hills, Texas DFW Terminal Renewal and Improvement Program (TRIP), DFW International Airport, Texas Texas Instruments, Inc., RFAB Administration Building, Richardson, Texas - LEED Certified — Gold Level Frito Lay Wayne Calloway Global R&D Center — Multiple Projects, Plano, Texas DFW Parking Control System Infrastructure, DFW International Airport, Texas DFW Consolidated Rent-A-Car Facility, DFW International Airport, Texas Automated People Mover, D/FW Airport, Texas New Parkland Hospital — Logistics Center, Dallas, Texas City of Fort Worth — Historic Guinn School Phase 1, Fort Worth, Texas City of Keller Municipal Service Center, Keller, Texas City of Keller — Fire Station # 4, Keller, Texas HCA Medical City Dallas, Dallas, Texas Texas Rehabilitation Hospital of Fort Worth, Fort Worth, Texas Texas Rehabilitation Hospital of Fort Worth — Addition, Fort Worth, Texas Texas A&M University — Commerce Music & Performing Arts Building, Commerce, Texas Cafe Modern at the Fort Worth Modern Art Museum Burnett Park Renovation, Fort Worth, Texas Montgomery Plaza, Fort Worth, Texas Abilene Specialty Hospital, Abilene, Texas Pepsico Global Data Center Expansion (located on Frito Lay campus), Plano, Texas Frito-Lay Office and Distribution Center, Carrollton, Texas Three Legacy Town Center & Garage Expansion, Plano, Texas Walsh Performing Arts Center, Texas Christian University, Fort Worth, Texas Fort Worth Outlet Square, Tandy Towers, Fort Worth, Texas Byrnc Construction Scrviccs ATTACHMENT A City of Coppcll W.T. Cozbv. Library Renovations Education: Texas A & M University, B. S., Construction Science, 2001 University of Texas at Dallas, M.A. in Interdisciplinary Studies, 2004 OSHA 10 Hour Course Professional Experience: 14 Years (13 years with Byrne) Professional Memberships: ACI Associate Constructor Associated Builders & Contractors - North Texas Chapter Associated General Contractors of America - TEXO Chapter United States Green NLM Building Council, LEED al Accredited Professional J.R. EVANS, LEED AP Construction Manager/Task Team Leader J.R. will act as Byrne's single point of contact for the project during both the Preconstruction and Construction Phases of the project. Responsibilities include total project coordination including pre -construction services, value engineering, production, managing the Byrne Project Team in all areas of project involvement, and overseeing the scheduling of field activities related to weekly subcontractor/supplier job site meetings. J.R. facilitates weekly O/A/C meetings, subcontractor meetings and safety meetings. J.R. will devote his time to the professional management of this project to conform to the criteria in scope, quality, time and budget. J.R. is responsible for implementing Byrne's MWBE Participation Plan for the project. Overview of Similar Projects: City of Wylie - Municipal Complex, (Library, Recreation Center and Town Hall), Wylie, Texas Tarrant County — New Northeast Subcourthouse, Hurst, Texas Tarrant County - Courthouse Clock Tower Renovation, Fort Worth, Texas DISD Booker T. Washington High School for the Performing and Visual Arts, Dallas, Texas Dallas Independent School District — Bid Package 26, Dallas, Texas Tarrant County College District Northeast — Performing Arts Building Renovation, North Richland Hills, Texas Tarrant County College District — OWTL Alliance Airport, Fort Worth, Texas Texas Instruments, Inc., RFAB Administration Building, Richardson, Texas - LEED Certified — Gold Level Frito Lay Wayne Calloway Global R&D Center — Multiple Projects, Plano, Texas Bank One Operations Center, Fort Worth, Texas Love Field Parking Garage Expansion, Dallas, Texas University of Texas at Dallas -Student Life Annex Expansion, Dallas, Texas Cedar Hill Intermediate School, Cedar Hill, Texas City of Frisco Public Works Facility, Frisco, Texas Byrnc Construction Scr<<iccs ATTACHMENT A City of Coppell W.T.,CoAy Library _Renovations Education: Texas A&M University Bachelor of Science in Construction Science, 2002 Professional Experience: 17 Years (15 years with Byrne) Professional Memberships: American Institute of Constructors Associated General Contractors Quoin, an AGC Chapter Association of Building Contractors - North Texas Chapter Paul Avila, CM -BIM Senior Vice President, Director of Preconstruction As Senior Vice President, Paul is responsible for overseeing all preconstruction activities within the company including direction of the Estimating, VDC, and Business Development Departments as well as quality control of all preconstruction products produced. Paul's experience in preconstruction and estimating, as well as, the development of a state of the art Virtual Design and Construction department within a nationally recognized Construction Management company is invaluable to continuing Byrne's nine decade tradition of construction excellence. Paul will oversee, facilitate, and coordinate the Preconstruction Services Phase of the project. Overview of Similar Projects: City of Fort Worth - Shamblee Branch Public Library, Fort Worth, Texas City of Wylie - Municipal Complex, (Library, Recreation Center and Town Hall), Wylie, Texas City of Seguin — New Public Library, Seguin, Texas Texas Rehabilitation Hospital of Arlington, Arlington, Texas City of Fort Worth — Public Safety Training Facility, Fort Worth, Texas City of San Antonio — Plaza De Armas Building Improvements, San Antonio, Texas Tarrant County - Courthouse Clock Tower Renovation, Fort Worth, Texas Tarrant County — New Northeast Subcourthouse, Hurst, Texas Booker T. Washington High School for the Performing and Visual Arts, Dallas, Texas Tarrant County College District Northeast — Performing Arts Building Renovation, North Richland Hills, Texas Tarrant County College District — OWTL Alliance Airport, Fort Worth, Texas Grapevine Convention Center, Visitor's Bureau Headquarters & Museum Complex, Grapevine, Texas City of North Richland Hills Recreation Center, North Richland Hills, Texas Dallas Independent School District — Bid Package 26, Dallas, Texas New Parkland Hospital — Logistics Center, Dallas, Texas Texas Rehabilitation Hospital of Fort Worth - Expansion, Fort Worth, Texas Texas Rehabilitation Hospital of Fort Worth, Fort Worth, Texas CHRISTUS Santa Rosa - Emergency Medical Care Facility, New Braunfels, Texas USMD Hospital at Arlington, 3rd Floor Universal Care Unit, Arlington, Texas Abilene Specialty Hospital, Abilene, Texas Amarillo Specialty Hospital, Amarillo, Texas DFW Terminal Renewal & Improvement Program, D/FW International Airport, Texas DFW Parking Control System Infrastructure, DFW International Airport, Texas San Antonio International Airport Terminal B, San Antonio, Texas Denton County Administration Complex Phase II, Denton, Texas Tarrant County Medical Examiner's Office Expansion and Renovation, Fort Worth, Texas Texas A&M University — Commerce — New Music Building, Commerce, Texas Texas A&M University — Tarleton State New Nursing Building, Stephenville, Texas Rachofsky Residence Dallas, Dallas, Texas Consolidated Rent-A-Car Facility, D/FW Airport, Texas Rough Creek Lodge and Conference Center, Glen Rose, Texas Byrne Construction Scn'iccs ATTACHMENT City of Coppell W.1'. ,Cozbv Library Renovations Education: Texas A&M University Bachelor of Science in Construction Science, 1997 Professional Experience: 21 Years (17 years with Byrne) Professional Memberships: Associated Builders & Contractors - North Texas Chapter Associated General Contractors of America - TEXO Chapter United States Green Building Council, LEED Accredited Professional Lee Howell, LEED AP Vice President, Chief Estimator Lee, under the direction of Paul Avila Senior Vice President of Preconstruction Services, will be responsible for overseeing the preconstruction process as well as conceptual design development, creation of detailed estimates and competitive bid estimates. He will perform value engineering and constructability studies including structural, mechanical, and electrical systems, the administration, solicitation and approval of contractor quotations, bid evaluations and preconstruction coordination. Lee will also facilitate the Byrne M/WBE Utilization Plan during the Preconstruction Services Phase of the project. Overview of Similar Proiects: City of Wylie - Municipal Complex, (Library, Recreation Center and Town Hall), Wylie, Texas City of Seguin — New Public Library, Seguin, Texas Tarrant County - Courthouse Clock Tower Renovation, Fort Worth, Texas Tarrant County — New Northeast Subcourthouse, Hurst, Texas City of Fort Worth — Public Safety Training Facility, Fort Worth, Texas City of San Antonio — Plaza De Armas Building Improvements, San Antonio, Texas Tarrant County College District Northeast — Performing Arts Building Renovation, North Richland Hills, Texas Tarrant County College District — OWTL Alliance Airport, Fort Worth, Texas Texas Rehabilitation Hospital of Arlington, Arlington, Texas Booker T. Washington High School for the Performing and Visual Arts, Dallas, Texas Grapevine Convention Center, Visitor's Bureau Headquarters & Museum Complex, Grapevine, Texas City of North Richland Hills Recreation Center, North Richland Hills, Texas Dallas Independent School District — Bid Package 26, Dallas, Texas FWISD - Benbrook Middle School, Fort Worth, Texas Hazel Harvey Peace Elementary School, Fort Worth, Texas Frito Lay Wayne Calloway Global R&D Center — Multiple Projects, Plano, Texas DFW Parking Control System Infrastructure, DFW Airport, Texas DFW Terminal Renewal and Improvement Program (TRIP), DFW International Airport, Texas CHRISTUS Santa Rosa — New Braunfels Hospital Renovation New Braunfels, Texas Methodist Hospital Renovation, San Antonio, Texas CHRISTUS Santa Rosa - Emergency Medical Care Facility, New Braunfels, Texas Parkland Logistics Building and Acute Care Hospital Basement Finish -Out, Dallas, Texas Texas Rehabilitation Hospital of Fort Worth Renovation & Addition, Fort Worth, Texas USMD Hospital at Arlington, 3rd Floor Universal Care Unit, Arlington, Texas Texas Rehabilitation Hospital of Fort Worth, Fort Worth, Texas USAA HO AB Cafe Renovation & Community Zone, San Antonio, Texas USAA Home Office Auditorium Renovation, San Antonio, Texas Tarrant County Medical Examiner's Office Expansion and Renovation, Fort Worth, Texas Texas A&M University — Tarleton State New Nursing Building, Stephenville, Texas Byrne Construction Sen -ices ATTACHMENT A City of Coppell W.T. Cozby Library Renovations Education: Texas A&M University Bachelor of Science in Construction Science, 2008 OSHA 10 Hour Professional Experience: 6 Years (6 years with Byrne) Professional Memberships: American Institute of Constructors Associated General Contractors Quoin, an AGC Chapter Association of Building Contractors - North Texas Chapter Daniel Anderson, CM -BIM Director of Design and Construction Daniel is responsible for overseeing Byrne's Virtual Design and Construction Department, including BIM standards development, implementation and enforcement as well as providing support in the cross training of field personnel to the BIM process. Daniel assists the assigned BIM Coordinators in the management of project specific BIM preconstruction, constructability and clash reviews Overview of Similar Projects: City of Wylie - Municipal Complex, (Library, Recreation Center and Town Hall), Wylie, Texas City of Seguin — New Public Library, Seguin, Texas Tarrant County — New Northeast Subcourthouse, Hurst, Texas Texas Rehabilitation Hospital of Arlington, Arlington, Texas City of San Antonio — Plaza De Armas Building Improvements, San Antonio, Texas Parkland Logistics Building and Acute Care Hospital Basement Finish -Out, Dallas, Texas City of Fort Worth — Public Safety Training Complex, Fort Worth, Texas Grapevine Convention Center, Visitor's Bureau Headquarters & Museum Complex, Grapevine, Texas DFW Terminal Renewal and Improvement Program (TRIP), DFW International Airport, Texas DFW Parking Control System Infrastructure, DFW Airport, Texas Byrne C0I1MUCtl011 Services ATTACHMENT A City of Coppell W.T._Cozby LibraryRenovations Education: Texas A&M University Bachelor of Environmental Design, 1998 Professional Experience: 15 Years (13 years with Byrne) Professional Memberships: Associated Builders & Contractors North Texas Chapter Associated General Contractors of America TEXO Chapter United States Green Building Council, LEED Accredited Professional Leland Tieh, LEED AP Project Manager Leland is responsible for onsite coordination and execution of the work for the Project, and is the onsite single point of contact during the Construction Phase. He facilitates the construction of the project, including shop drawing and sample submittal review, project scheduling, scheduling/facilitating project meetings, issuance of monthly payment certificates, as -built records, and daily coordination of field activities through Superintendent Randy Hudzik to insure the overall plan and goals of the project are being executed inclusive of safety and quality requirements. Conducts weekly Owner/Architect/Contractor, subcontractor and safety meetings during the construction of the project. Overview of Similar Projects: Tarrant County Northeast Subcourthouse, Hurst, Texas Tarrant County Courthouse Clock Tower Renovation, Fort Worth, Texas Ellis County Courthouse Restoration, Waxahachie, Texas Historic Collin County Courthouse Restoration, McKinney, Texas Texas Instruments Central Utility Plant Upgrade -Dallas, Texas Montgomery Plaza Condominiums, Fort Worth, Texas One Montgomery Place — Sales Center, Fort Worth, Texas Qwest Dallas Cyber Center — Grapevine, Texas Robert Neylan Translucens Project, Dallas, Texas MBNA Hallmark Center, Addison, Texas Sears at Stonebriar Mall, Frisco, Texas Rite Aid Drug Store #7401 — Memphis, Tennessee Byrne Construction Services Education: Superintendent Training Program, Association of General Contractors, 1992 OSHA 10 Hour Course First Aid CPR Training Professional Experience: 22 Years (18 years with Byrne) Professional Memberships: Associated Builders & Contractors - North Texas Chapter Associated General Contractors of America - TEXO Chapter ATTACHMENT City ofCoppeil W.T. Cozby Library Renovations Randy Hudzik Superintendent Randy will act as field supervisor and have overall responsibility of field activities for the project. He will coordinate, schedule and supervise the work of all subcontractors involved in the project; recommend methods for expediting work and performance of the contract; implement Byrne's project -specific Quality Control Plan (QCP), time schedules and construction methods; examine project plans and specifications to insure constructability and construction compliance. Randy will act as Safety Manager for this project, implementing and enforcing the Byrne's project - specific Project Safety Plan (PSP). He will actively participate in the weekly Subcontractor meetings reviewing project safety, onsite activities and two week look -ahead schedules. Overview of Similar Projects: Tarrant County Northeast Subcourthouse, Hurst, Texas Tarrant County Courthouse Clock Tower Renovation, Fort Worth, Texas Ellis County Courthouse Restoration, Waxahachie, Texas Historic Collin County Courthouse Restoration, McKinney, Texas Dallas County "Old Red" Courthouse Restoration, Dallas, Texas D/FW Consolidated Rent-A-Car Center and Maintenance Facility, Dallas/Fort Worth International Airport, Texas DFW International Airport Terminal B/Concessions Renovation, DFW Airport, Texas Booker T. Washington High School for the Performing and Visual Arts, Dallas, Texas University of North Texas Music Concert Hall Renovation, Denton, Texas Highland Park Middle School, Highland Park, Texas Nissan Motor Acceptance Corporation, Irving, Texas RHD Memorial Hospital, Dallas, Texas Witherspoon Office Building Renovation/Finish-Out, Fort Worth, Texas Innoventry Systems, Fort Worth, Texas Exxon Mobil World Headquarters, Dallas, Texas ,- ® Document A201TM 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) W. T. Cozby Library and Community Commons ADDITIONS AND DELETIONS: THE OWNER: The author of this document has (Name, legal status and address) added information needed for its City of Coppell completion. The author may also have revised the text of the original 255 Parkway Blvd. AIA standard form. An Additions and Coppell, TX 75019-9478 Deletions Report that notes added information as well as revisions to THE ARCHITECT: the standard form text is available (Name, legal status and address) from the author and should be Hidell Associates Architects reviewed. A vertical line in the left 3033 Kellway Drive, Suite 120 margin of this document indicates Carrollton, TX 75006 where the author has added necessary information and where the author has added to or deleted THE CONTRACTORICONSTRUCTION MANAGER from the original AIA text. This document has important legal T. S. Byrne Management Inc. consequences. Consultation with an 2601 Scott Avenue, Suite 300 attorney is encouraged with respect Fort Worth, TX 76103 to its completion or modification. 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 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 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 l the maximum extent possible under the law. This document was produced by AIA software at 10:33:40 on 09/02/2015 under Order No.3426853652_1 which expires on 08/27/2016, and is not for resale. User Notes: (1498041938) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) 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, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 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, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12. 10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1,11.3.10,13.1.1,15.3.2,15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 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, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 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, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4.1, 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, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 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, 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, 4.1.3, 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, 11.3.7, 12, 13.4.2, 13.5, 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, 11.3.7 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, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 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, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3. 1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 3.7.1 AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) Capitalization 1.3 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, 9.10.1,9.10.3,14.1.1.3,14.2.4,15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1. 1. 1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3. 1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.3.9 Claims, Definition of 15.1.1 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, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11. 1. 1, 11.3.5, 11.3.7, 14.1.3, 14.2.4,15.1.6 Claims Subject to Arbitration 15.3.1, 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, 11.3.1, 11.3.6, 11.4. 1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 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, 9.10,12.2,13.7,14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 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, 13.7 Compliance with Laws 1. 6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11. 1, 11. 3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 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, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9. 1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 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, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 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, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Init. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 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, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 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, 11.3.7, 12, 13.5, 15.1.2, 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, 5.3.1, 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 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10, 3.11, 3.12.4, 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, 11.1.3, 11.4.2 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, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 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, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4.1, 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, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 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, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 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, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 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, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 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 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 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, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 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, 10.4.1, 14.3.2, 15.1.5, 15.2.5 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, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 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, 10.3.3,11.1.1,11.3.7,14.1,14.2.1.1 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Init. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 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 AIAa 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 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, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 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, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 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, 10.4.1 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, 13.5 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, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1,6.1.1,7.3.7,9.3.2,9.8.4,9.9.1,9.10.2,11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 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, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 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 1.5,3.2.3,3.6,3.7,3.12.10,3.13.1,4.1.1,9.6.4,9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11. 2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3.1, 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, 11.1.3, 11.3.1.5, 11. 3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13. 1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 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, 15.2.8 Mediation 8.3.1,10.3.5,10.3.6,15.2.1,15.2.5,15.2.6,15.3, 15.4.1 Minor Changes in the Work 1. 1. 1, 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, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2,15.2.8,15.4.1 Notice, Written 2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 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, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability 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 2.4, 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 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17, 4.2.12, 5.3.1 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 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, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3. 1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 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 PCB 10.3.1 Init. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIAm 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 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, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1. 5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9. 1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 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, 2.3, 2.4, 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, 12.2.2, 12.2.4, 13.4, 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, 5.3.1, 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, 15.1.5.2 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 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, 9.4.2, 9.10.1, 13.5 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, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1,1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3; 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, 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, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 AIA Document A2011m — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) 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, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 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, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 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, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 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, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 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, 7.3.4 Use of Documents 1.1.1, 1. 5, 2.2.5, 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 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A201 TM —2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 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 byAIA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) 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 and the Guaranteed Maximum Price Amendment which is an A 13 3 Document, as modified, other documents listed in the Agreement in Article 1 § 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. As a material consideration for the making of the Contract Documents, modification to this Contract shall not be construed against the maker of said modifications. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 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. AIA Document A201 TM — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.2.4 In case of discrepancy between two or more drawings (Architectural, Structural, Mechanical, etc.) or drawings and specifications, the Contractor shall notify the Architect who shall provide information to resolve such conflicts. §1.2.5 Dimensions found in error should be submitted to the Architect for resolution before proceeding with the Work. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. . Should the Contractor find discrepancies, omissions or conflicts within the Contract Documents, or be in doubt as to their meaning, the Contractor shall at once notify in writing the Architect and Owner, and Architect will issue a written addendum to all parties that is consistent with the Owner's Scope of the Work. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. §1.7 PROPERTY OF CITY It is distinctly understood that by virtue of this Contract, no mechanic, contractor, materialmen, artisan, laborer, or subcontractor, whether skilled or unskilled, shall ever in any manner have, claim, or acquire any lien upon the project of whatever nature or kind so erected or to be erected by virtue of this Contract, nor upon any of the land upon which said improvements are so erected, built, or situated, such property being public property belonging to a political subdivision of the State of Texas. 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 a representative with respect to the Project. Such representative shall have limited authority to authorize minor changes with respect to the Project not to exceed $25,000.00 for any single change. Such representative shall not have authority, absent the City Council's approval, to make any final decision not consistent with the authority granted in this paragraph concerning any other change AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this MAID 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) orders, modifications to the GMP, or extension to the substantial or final completion dates. However, the Owner or such authorized representative, shall render decisions in a timely manner in order to avoid unreasonable delay in the service or Work of the Contractor. (Paragraph deleted) § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 As specified in the Agreement, Gallagher Construction Services is Construction Manager of the Owner. All references in these General Conditions to "Contractor" shall mean "Construction Manager". The Contractor is the AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. §3.1.4 The Contractor represents and warrants the following to the Owner (in addition to the other representations and warranties contained in the Contract Documents), as an inducement to the Owner to execute this Contract, which representations and warranties shall survive the execution and delivery of the Contract and the Final Completion of the Work: .1 that it is financially solvent, able to pay its debts as they mature, and possessed of sufficient working capital to complete the Work and perform its obligations under the Contract Documents; .2 that it is able to furnish the tools, materials, supplies, equipment and labor required to timely complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; .3 that it is authorized to do business in the State where the Project is located and properly licensed by all necessary governmental, public and quasi -public authorities having jurisdiction over it, the Work, or the site of the Project; and .4 that the execution of the Contract and its performance thereof are within its duly -authorized powers. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by the Contractor. 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. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. §3.3.4 The Contractor shall properly and efficiently coordinate the timing, scheduling and routing of all Work performed by all trades and sub -contractors. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. 3.4.2.1 . After the Contract has been executed, the Owner and Architect will consider requests for the substitution of products in place of those specified. Requests for substitution, when forwarded by the Contractor to the Architect, are understood to mean that the Contractor: .1 Represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified. .2 Will provide the same guarantee for the substitution that he would for that specified; .3 Certified that the cost data presented is complete and includes all related costs under this Contract, but excludes costs under separate contracts and the Architect's redesign costs, and that he waives all claims for additional costs related to the substitution which subsequently becomes apparent; and .4 Will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. 3.4.2.2 Substitutions will not be considered if they are indicated or implied on shop drawing submissions without the formal request required in Clause 3.4.2.1. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. §3.4.4 PREVAILING WAGES Attention is called to the Government Code, Chapter 2258, Prevailing Wage Rates. Among other things, this Article provides that it shall be mandatory upon the Contractor and upon any subcontractor under him to pay not less than the AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIM, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIAO 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) prevailing rates of per diem wages in the locality at the time of construction to all laborers, workmen, and mechanics employed by them in the execution of the Contract. No claims for additional compensation shall be considered by Owner because of payments of wage rates in excess of the applicable rate provided herein. §3.4.5 Owner reserves the right to receive and review payroll records, payment records, and earnings statements of employees of Contractor, and of Contractor's Subcontractors, and of Sub -Subcontractors. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.5.1 Except where otherwise stipulated in the Contract Documents, the Contractor shall, as per its Contract, warranty all materials and workmanship furnished under this Contract for a period of one year after the date of Substantial Completion and shall repair and make good, without expense to the Owner, any and all defects in his work which may develop within that time. 3.5.2 All required warranties on equipment, machinery, materials, or components shall be submitted to the Architect on the manufacturer's or supplier's approved forms at the time of Substantial Completion. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.1 This Project is eligible for exemption from the State Sales Tax on materials incorporated in the Project, provided that Contractor fulfills the requirements of State Tax Laws. For the purpose of establishing exemption, it is understood and agreed that Contractor will be required to segregate materials and labor costs at the time a Contract is awarded, and will accept an exemption certificate from Owner. The Contractor shall pay any taxes otherwise assessed because of Contractor's failure to comply with the requirements of State Law to qualify for that tax exemption. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portion of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate modification. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. (Paragraph deleted) § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued Init. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. Contractor shall ensure that the Work, at all times, is performed in a manner that affords Owner reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed in such a manner that public areas adjacent to the Site of the Work shall be free from all debris, building material and AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 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 14:45:37 on 09/26/2014 under Order No.2944110368_7 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) equipment likely to cause hazardous conditions. Contractor shall use its best efforts to minimize any interference with the occupancy or beneficial use of any area or building adjacent to the site of the Work, or the building, in the event of partial occupancy. The presence of the Owner, Architect or their representatives does not constitute acceptance or approval of the Work. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. It is the intent of the Owner and Contractor that such indemnification obligations do not exceed or violate Texas law, including Chapter 151 of the Texas Insurance 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. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. 4.2.2.1 The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for site visits made necessary by the fault of the Contractor or by defects and deficiencies in the Work. Any reimbursement shall not be applicable unless such site visit was precipitated by or was solely due to such defect or deficiency. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully AIA Document A201'11— 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this AIAm 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. However, Owner reserves the right to communicate directly with the Contractor. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. The Architect shall be the sole interpreter of the design intent with respect to such matters, but the Architect's authority with respect thereto shall not contravene any other rights of either the Owner or the Contractor ascribed to them by other provisions of the Contract. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 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 No later than 7 days after the date of the Guaranteed Maximum Price Amendment and before issuance of Notice to Proceed, the Contractor shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 7 days to the Contractor in writing stating (1) whether the Owner or Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 7 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. AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. §5.3.1 Contractor shall promptly notify Owner and Architect of any material defaults by any Subcontractor. Notwithstanding any provision contained in Article 5 to the contrary, it is hereby acknowledged and agreed that Owner has in no way agreed, expressly or implicitly, nor will Owner agree, to allow any Subcontractor or other materialman or workman employed by Contractor the right to obtain a personal judgment or to create a lien against Owner for the amount due from the Contractor. §5.3.2 In the event of any termination of the Contract in accordance with Article 14, Owner shall not be liable to any subcontractor. Contractor shall be responsible for any claim of a subcontractor for Work executed under the Contract. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. §5.4.4 Such assignment shall not constitute a waiver by Owner of its rights against Contractor, including, but not limited to, claims for defaults, delays or defects for which a subcontractor or material vendor may also be liable. Owner shall only be responsible for compensating subcontractors for Work performed or material furnished from and after the date on which the Owner gives written notice of its acceptance of the subcontract agreement. Owner shall not be responsible for any Work performed or materials furnished by subcontractors prior to the date of Owner's written notice of acceptance. Init. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this AIA5 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. §7.1.4 The combined overhead and profit included in the total cost to the Owner for a change in the work shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor's own forces, fifteen (15) percent of the cost. .2 For the Contractor, for Work performed by the Contractor's Subcontractors, five (5) percent of the amount due the Subcontractors. .3 For each Subcontractor involved, for work performed by that Subcontractor's own forces, fifteen (15) percent of the cost. .4 Cost to which overhead and profit is to be applied shall be determined in accordance with Section 7.3.7. .5 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied 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. In no case will a change involving over $1000.00 be approved without such itemization. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. AIA Document A2011" — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 24 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 byAlA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08127/2015, and is not for resale. User Notes: (1900369229) § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. AIA Document A201 Tm — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) 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 directed by Owner after final plans, issuance of building permits, and delivery to Contractor of Guaranteed Maximum Price Amendment executed by Owner. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, within fifteen (15) days of establishing a Guaranteed Maximum Price (if the Contractor is a Construction Manager at Risk) or before the first Application for Payment, whichever is applicable, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; AIA Document A201111 — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this AIAa 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 Notwithstanding any provision contained within this Article, if the Work has not attained Substantial Completion or Final Completion by the required dates, subject to extensions of time allowed under these Conditions, then Architect may withhold any further payment to Contractor to the extent necessary to preserve sufficient funds to complete the construction of the Project and to cover liquidated damage. The Owner shall not be deemed in default by reason of withholding such payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Payments received by the Contractor for Work properly performed by Subcontractors or materials properly provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor of which payment was made by the Owner. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended Init. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2$ 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. §9.7.1 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, then 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 to Owner, or the Owner incurs any costs and expense to cure any default of the Contractor or to correct defective Work, pursuant to the Contract, the Owner shall have an absolute right to offset such amount against the Contract Sum and, in the Owner's sole discretion and without waiving any other remedies, subject to the dispute resolution procedures set forth herein, may elect either to: .1 deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due to Contractor from the Owner, or .2 issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §9.8.3.1 The Architect will perform no more than two (2) inspections to determine whether the Work or a designated portion thereof has attained Substantial Completion in accordance with the Contract Documents. The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for any additional inspections. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §9.8.5.1 The application for payment to release retainage will not be approved by the Architect until the completed and corrected closeout documents are provided to the Architect by the Contractor. Closeout AIA Document A201111 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29 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 byAIA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) documents shall be delivered to the Architect under conditions and times set forth in the General Requirements of the Specifications. §9.8.6 Notwithstanding any provision contained within this Article, if the work has not attained Substantial Completion with the contract time, subject to extensions of time allowed under these Conditions, Architect may withhold any further payment to Contractor to the extent necessary to preserve sufficient funds to complete the construction of the Project and to cover liquidated damages assessed against Contractor up to the time of Application for Payment and to the time it is reasonably anticipated that Substantial Completion will be achieved. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §9.10.1.1 The Architect will perform no more than two (2) inspection to determine whether the Work or a designated portion thereof has attained Final Completion in accordance with the Contract Documents. The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for any additional inspections. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 30 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall not constitute a waiver of Claims by the (Paragraphs deleted) Owner. The time of completion is the essence of this Contract. Should the Contractor fail to reach Substantial Completion of the Project within the time required by the Contract Documents, plus any additional time allowed by the Owner, Contractor shall pay, or there shall be deducted from any amounts due and owing to Contractor, liquidated damages for each day that any Work shall remain uncompleted after the time for Substantial Completion of the Project, plus any additional time allowed by the Owner. The liquidated damages sum shall be $0.00 per day. The liquidated damage sum for such delay, failure or non -completion is fixed and agreed upon between Owner and Contractor as the most reasonable estimate of Owner's actual damages because of the impracticability and extreme difficulty of fixing and ascertaining the Owner's true actual damages. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. AIA Document A201111 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this AIA111 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall (Paragraphs deleted) not commence work under this Agreement until he has obtained all insurance required under this paragraph and the insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work under this Contract unless contractor's insurance covers the acts of the subcontractor or all similar insurance of the Subcontractors has been obtained and approved. (Paragraphs deleted) § 11. 1.2 The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him, the Owner, and any Subcontractor performing work covered by the Contract, from claims of damage which may arise from operations under the Contract, including blasting, when blasting is done on, or in connection with the Work, whether the operations by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by either of them, and the limits of the insurance shall be not less than the following: .1 Automobile Liability: $1,000,000.00 each accident or reasonably equivalent split limits for bodily injury and property damage. Cover shall be on "any auto" including leased, hired, owned, non -owned and borrowed vehicles used in connection with the Contract. .2 Comprehensive General Liability: $1,000,000.00 each occurrence, coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless they are approved by the Owner. Consequential damage due to faulty workmanship shall be covered. Liability insurance shall include all major division of coverage, including: Premises - Operations (including XCU) Products and completed operation Contractual - including specified provision for the Contractor's obligations under Paragraph 3.18 Owner, non -owned and hired motor vehicles Broad form coverage for property damage, including operations .3 Umbrella Liability Insurance: $1,000,000 Limit: Coverage under this policy shall provide Excess Liability Protection over the "underlying" Liability Insurance IE: General Liability, Employeer's Liability and Commercial Automobile Liability. (Paragraph deleted) § 11. 1.3 The Contractor shall procure and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lighting, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit of $2,000,000.00. The Owner shall pay the cost of the premium for the Builder's Risk Insurance. The policy shall include coverage for flood and earthquake and for Init. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 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 t maximum extent possible under the law. This document was produced by AIA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) 4 materials and supplies while in transit and while being stored on or off site. Different sublimits for these coverages shall be approved by the Owner. Upon completion of the Work, the Contractor shall notify the Owner in writing before terminating this insurance. (Paragraph deleted) § 11. 1.4 Worker's Compensation Insurance Coverage 11.1.4.1 Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the Owner. Persons providing services on the project ("subcontractor" in Sec. 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, Subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 11.1.4.2 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. 11.1.4.3 The Contractor must provide a certificate of coverage to the Owner prior to being awarded to Contract. Contractor's and Subcontractors' certificates shall comply with Chapter 1811 of the Texas Insurance Code. 11.1.4.4 If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the Owner showing that coverage has been extended. 11.1.4.5 The Contractor shall obtain from each person providing services on a project, and provide to the Owner: .1 A certificate of coverage, prior to that person beginning work on the project, so the Owner will have on file certificates of coverage showing coverage for all persons providing services on the project; and .2 No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during he duration of the project. 11.1.4.6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 11.1.4.7 The Contractor shall notify the Owner in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on this project. 11.1.4.8 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 11.1.4.9 The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: .1 Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; .2 Provide the Contractor, prior to the end of the coverage period a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; .3 Obtain from each other person with whom it contracts, and provide to the Contractor: Init. AIA Document A201 T" — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this MAID 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) .a) A certificate of coverage, prior to the other person beginning work on the project; and .b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; .4 Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; .5 Notify the Owner in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and .6 Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 11.1.4.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor for administrative penalties, criminal penalties, civil penalties, or other civil actions. (Paragraphs deleted) §11.2 MISCELLANEOUS INSURANCE REQUIREMENTS (Paragraphs deleted) §11.2.1 The Contractor shall provide a certificate of insurance documenting the Owner as a "Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate maybe required of the Contractor depending upon the agents or insurers for the Contractor's insurance coverages specified for the project(s). (Paragraphs deleted) § 11.2.2 Subject to Chapter 1811 of the Texas Insurance Code, the Contractor must comply with the following requirements regarding insurance: .1 The Owner shall be an additional insurance, by endorsement, on all applicable insurance polices. .2 Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the Owner. .3 Insurers of policies maintained by Contractor and its Subcontractors shall be authorized to do business in the State of Texas, or otherwise approved by the Owner and they shall be acceptable to the Owner as to their financial strength and solvency. .4 Deductible limits on insurance policies and self insured retentions exceeding $25,000.00 require approval of the Owner. .5 The Owner shall be notified in writing a minimum of 30 days prior to an insurer's action in the event of cancellation, non -renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. .6 Full limits of insurance required in 11.1.3 of this Section shall be available for claims arising out of this Contract. .7 Certificates of Insurance shall be provided by the Contractor to the Owner prior to commencement of operations pursuant to this Contract. Any failure on part of the Owner to request this documentation shall not be construed as a waiver of insurance requirements. .8 The Owner shall be entitled, upon request and without incurring expense, to review the insurance policies including endorsement and, at its discretion to require proof of payment for policy premiums. .9 Except as otherwise provided in this Article 11, the Owner shall not be responsible for paying the costs of required insurance coverage. .10 Notice of any actual or potential claim or litigation that would affect required insurance coverages shall be provided to the Owner in a timely manner. .11 "Other insurance" as referenced in any policy of insurance providing required coverages shall not apply to any insurance policy or program maintained by the Owner. .12 Contractor agrees to either require its Subcontractors to maintain the same insurance coverages and limits as specified for the Contractor or coverage of Subcontractors shall be provided by the Contractor. Init. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 35 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 t maximum extent possible under the law. This document was produced byAlA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) (Paragraphs deleted) §11.2.3 Any failure of Contractor to comply with the reporting provisions of the policies shall not affect the coverage provided to the Owner, its officers, employees, or volunteers. (Paragraph deleted) § 11.4.1 With the execution and delivery of the Contract, the Contractor shall furnish and file with the Owner, the surety bonds specified in this paragraph. Without exception, the Owner's bond forms must be used, and exclusive venue for any lawsuit in connection with the bonds shall be Tarrant County. The surety bonds shall be in accordance with the provisions of Chapter 2253, Government Code, Vernon's Texas Codes Annotated. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Sum with or without notice to the surety, but in no event shall a change which reduces the Contract Sum reduce the penal amount of such bonds. (Paragraphs deleted) § 11.4.2 The Contractor shall provide good and sufficient bond in an amount not less than one hundred (100) percent of the approximate total amount of the contract, as evidenced by the proposal tabulation, or otherwise guaranteeing the full and faithful execution of the Work and performance of the Contract in accordance with the Contract Documents, including any extensions, for the protection of the Owner. (Paragraphs deleted) § 11.4.3 The Contractor shall provide good and sufficient bond in an amount not less than one hundred (100) percent of the approximate total amount of the contract, as evidenced by the proposal tabulation, or otherwise guaranteeing the full and proper protection of all claimants supplying labor and material in the execution of the Work provided for in this Contract and for the use of each claimant. § 11.4.4 No sureties shall be accepted by the Owner who are now in default or delinquent on any bonds or who are interested in any litigation against the Owner. All bonds shall be made on forms furnished by the Owner, and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the Owner. Each bond shall be executed by the Contractor and surety. Each surety shall designate an agent resident in the Owner's jurisdictional area acceptable to the Owner to whom any requisite notices may be delivered and on whom service of process may be obtained in matters arising out of the suretyship. § 11.4.5 If at any time the Owner determines that the Contractor's surety has experienced financial losses such that the Owner's ability to enforce the bond obligations is substantially at risk, the Contractor shall within thirty (30) days after notice from the Owner to do so, substitute an acceptable bond (or bonds), or provide an additional bond, in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor without recourse to the Owner. No further progress payments under the contract shall be deemed due or payable until the substitute or additional bonds shall have been furnished and accepted by the Owner; however, in such event, final payment shall be due and payable as provided in this Contract whether or not such additional bonds are obtained, to the extent that the project is complete and the Owner is not exposed to liability for payment bond claims. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36 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 t maximum extent possible under the law. This document was produced by AIA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.2.4 Upon request by the Owner or prior to the expiration of one year from the date of Substantial Completion, the Architect will conduct and the Contractor shall attend a meeting with the Owner to review the facility operations and performance. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. Init. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 reproduction or distribution of this AIAO 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 byAIA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. (Paragraph deleted) § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 38 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 t maximum extent possible under the law. This document was produced by AIA software at 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is overdue, at the rate provided by Section 2251.025, Texas Government Code. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. § 13.8 EQUAL OPPORTUNITY § 13.8.1 The Contractor shall maintain policies of employment as follows: 13.8.1.1 The Contractor and the Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. The Contractor agrees to post in conspicuous places, available to employees and applicants, notices setting forth the nondiscrimination policies. 13.8.1.2 The Contractor and the Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. § 13.9 Contractor stipulates that Owner is a political subdivision of the State of Texas, and, as such, may enjoy immunities from suit and liability under the Constitution and laws of the State of Texas. By entering into this Agreement, Owner does not waive any of its immunities from suit and/or liability, except as otherwise specifically provided herein and as specifically authorized by law. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit incurred to the date of termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with AIA Document A20111* — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 39 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. .5 engages in conduct that would constitute a violation of state or federal criminal law, including but not limited to, the law prohibiting certain gifts to public servants, or engages in conduct that would constitute a violation of the Owner's ethics or conflict of interest policies; or .6 fails to proceed continuously and diligently with the construction and completion of the Work; except as permitted under the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case maybe, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract, or any part or portion thereof, for the Owner's convenience and without cause. /nit. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 40 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs directly attributable to such termination. § 14.4.4 Owner shall be entitled to delete or terminate any portion of the Contract bid as an alternate component, at any time at the Owner's convenience and without cause. In the event of such termination, the Contractor shall only be entitled to receive payment for Work executed on the alternate component, if any, through the date of termination. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.5.3 Claims for increase in the Contract Time shall set forth in detail the circumstances that form the basis for the Claim, the date upon which each cause of delay began to affect the progress of the Work, the date upon which each cause of delay ceased to affect the progress of the Work and the number of days' increase in the Contract Time claimed as a consequence of each such cause of delay. The Contractor shall provide such supporting documentation as the Owner may require including, where appropriate, a revised construction schedule indicating all the activities affected by the circumstances forming the basis of the Claim. Init. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 41 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) § 15.1.5.4 Extension of time for completion of the work on account of weather or other circumstances beyond the Contractor's control will be subject to submission of verifiable data. Request for extension of time shall be submitted in writing with each Request for Payment. If Contractor fails to submit request, time extension will not be approved for the pay period. § 15.1.5.5 No extension of time shall be made to the Contractor because of hindrances or delays from any cause which is the fault of Contractor or Contractor's Subcontractors or under Contractor's control. Claims for extension of time may only be considered because of rain delays, or hindrances or delays which are the fault of Owner and/or under Owner's control. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise he in the Agreement. Except for those Claims excluded by this Section 15.2. 1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on AIA Document A201 TM— 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 42 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1 § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) Init. AIA Document A201111 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 43 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 14:45:37 on 09/26/2014 under Order No.2944110368_1 which expires on 08/27/2015, and is not for resale. User Notes: (1900369229) MEMORANDUM To: CRDC Board Members From: Mike Land, Deputy City Manager Date: September 23, 2015 Reference: Cozby Library and Community Commons Expansion and Renovation — Consider approval of a Guaranteed Maximum Price Amendment to the Agreement between the City of Coppell (Owner) and Thos. S. Byrne, Ltd. (Construction Manager) as approved by the Coppell City Council on Tuesday, September 22, 2015 for the expansion and renovation of the Cozby Library and Community Commons, in the amount of $5,898,580.00 and authorizing the Board President to Sign. 2030: Sustainable City Government. Excellent and Well Maintained Infrastructure and Facilities. Goal 47 — Begin Library Renovation Project. General Information: • Bids received on August 6, 2015 • Guaranteed Maximum Price - $5,898,580.00 • Schedule for completion — October 5, 2016 • Project Cost Summary Sheet — Exhibit A • Total estimated project cost including construction cost (GMP), moving cost, professional services fees, testing and inspections, owner allowance/contingency, furniture, fixtures and equipment - $8,204,661.00. Introduction: This action item is to approve the Guaranteed Maximum Price (GMP) Amendment to the Agreement between the City of Coppell and Byrne Management as approved by the Coppell City Council on Tuesday September 22, 2015 for the expansion and renovation of the Cozby Library and Community Commons; and authorizing the Board President to sign any necessary documents. Analysis: On August 6, 2015 Byrne, the Construction Manager for this project opened bids. Since the bid opening, Bryne, Gallagher Construction, the City's Project Manager, and Hidell Architects have been meeting to continue their Value Engineering process. Through this process $225,302.00 in savings were identified and deducted from the original bid price with the accepted changes included in the GMP. There remains an additional $23,639 of savings under review (Exhibit G — Value Engineering Log). The following attachments to the GMP are provided • Exhibit A — Itemized Statement of the Guaranteed Maximum Price • Exhibit B — Unit Pricing and Allowances • Exhibit C — Qualifications and Clarifications • Exhibit D — Contract Document List • Exhibit E — Request for Information • Exhibit F — Project Schedule • Exhibit G — Value Engineering Log Substantial Completion is 334 calendar days from the date of commencement. The library opening is contemplated for October 5, 2016. While not part of the original scope of the proposed project recall that the City identified that replacement of the Library's roof (flat and barrel vault) was imminent and budgeted for their replacement accordingly. The GMP includes the cost of the entire roof and barrel vault replacement in the amount of $418,253. The following items and their corresponding allowances are included in the overall budget and are not included in the GMP: • AV Systems - $150,000 • Security - $50,000 • Voice, Data, AV and Cable wiring - $75,000 • Technology - $225,000 • Furniture - $402,185 • Acoustical Panels - $50,000 • KI Wall System - $112,661 • HVAC Test and Balance - $30,000 • Remaining Contingency by City outside of GMP - $308,760 All of the above items will be presented at some time during the course of the project under separate contracts, different than Byrne, for Council approval. For the purposes of discussion when taking into account the total project cost of $8,204,661 and deducting $418,253 for the roof replacement and deducting the City's contingency of $308,760, the library project totals $7,477,648. This represents a 6.82% increase compared to the City's original budget of $7,000,000 discussed in August of 2014. There are two Alternate Items being recommended that if approved by Council will increase the GMP by $29,385.00 These items are: • Alternate No. 5 — Install additional "fins" at curtainwall - $15,322 (Provides additional shading for the interior of the building) • Alternate No. 6 Electro shades (i.l.o. manual at specific locations) - $14,063 Approval of these two alternates would increase the GMP to $5,927,965.00 Legal Review: The City's legal counsel has reviewed the Guaranteed Maximum Price Amendment Fiscal Impact: Funding for the Cozby Library and Community Commons expansion and renovation is budgeted in both the CRDC and General Fund. As allocated, 75% of the project's funding is through the CRDC with 25% funded through the General Fund. The proportional cost of the added roof replacement related to the flat and barrel roof is not being funded as part of the CRDC's 75%. Recommendation: Pending the approval by the Coppell City Council on Tuesday September 22, 2015 the City Manager's Office recommends approval of a Guaranteed Maximum Price Amendment to the Agreement between the City of Coppell (Owner) and Thos. S. Byrne, Ltd. (Construction Manager) for the expansion and renovation of the Cozby Library and Community Commons with the acceptance of Alternate No. 5 and Alternate No. 6 resulting in a GMP of $5,927,965.00. lalk-AIA TM ■ ■ Document A133 - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) City of Coppell — WT Cozby Library and Community Commons THE OWNER: (Name, legal status and address) City of Coppell 255 Parkway Blvd. Coppell, TX 75019-9478 THE CONSTRUCTION MANAGER: (Name, legal status and address) Thos. S. Byrne, Ltd. 2601 Scott Avenue, Suite 300 Fort Worth, Texas 76103 THE ARCHITECT: (Name, legal status and address) Hidell Associates Architects 3033 Kellway Drive, Suite 120 Carrollton, Texas 75006 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maxi num Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Five Million Eight Hundred Ninety -Eight Thousand Five Hundred Eighty Dollars and No Cents ($ 5,898,580.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment.) See Exhibit A —Cost Estimate Summary Sheet August 31, 2015 2 Pages § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -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. AIA Document A133Tm —2009 Exhibit A. Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Init. 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 15:26:28 on 09/15/2015 under Order No.4494594925_1 which expires on 09/02/2016, and is not for resale. User Notes: (1197897583) (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) See Exhibit A —Cost Estimate Summary Sheet August 31, 2015 2 Pages § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Ident f � allowance and state exclusions, if any, from the allowance price.) Item Price ($0.00) See Exhibit B — Unit Pricing & Allowances August 31, 2015 1 Page § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: See Exhibit C — Qualifications & Clarifications August 31, 2015 3 Pages § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages N/A § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) See Exhibit D — Contract Document List August 31, 2015 8 Pages Section Title Date Pages See Exhibit D Contract Document List August 31, 2015 8 § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) See Exhibit D — Contract Document List August 31, 2015 8 Pages Number Title Date Pages See Exhibit D Contract Document List August 31, 2015 8 § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) See Exhibit E — Request for Information August 31, 2015 4 Pages See Exhibit F — Project Schedule August 31, 2015 4 Pages See Exhibit G — Value Engineering Log August 31, 2015 2 Pages ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: The Contractor shall achieve Substantial Completion of the entire Work not later than three hundred thirty-four (334) calendar days from the date of commencement. The date of commencement of the Work shall be the date fixed in a Notice to Proceed issued by the Owner following the issuance of a building Permit. AIA Document A133TM — 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or 2 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 t document was produced by AIA software at 15:26:28 on 09/15/2015 under Order No.4494594925_1 which expires on 09/02/2016, and is not for resale. User Notes: (1197897583) OWNER (Signature) Clay Phillips, City Manager City of Coppell (Printed name and title) COPPELL RECREATION DEVELOPMENT CORPORATION (Signature) Marls Tepper, President Coppell Recreation Development Corporation (Printed name and title) &4'1C0T4STkUCTION MANAGER (Signature) Martin T. Lehman, President — North Texas T.S. Byrne Management, Inc., General Partner (Printed name and title) COPPELL RECREATION DEVELOPMENT CORP. CITY OF COPPELL, TEXAS EXECUTED this day of ATTEST: M. BIJU MATHEW, Secretary CITY OF COPPELL, TEXAS EXECUTED this day of ATTEST: .0 CHRISTEL PETTINOS, City Secretary APPROVED AS TO FORM: i -A ROBERT HAGER, City Attorney 2015. 2015. AIA Document A133T"' — 2009 Exhibit A. Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or 3 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 10:10:55 on 09/02/2015 under Order No.4494594925_1 which expires on 09/02/2016, and is not for resale. User Notes: (1144355408) MLW NINE DECADES OF EXCELLENCE NSIM EXHIBIT A 2601 Scott Avenue Suite 300 CONSTRUCTION SERVICES Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Cost Estimate Summary Sheet W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: September 3. 2015 Rulldlna SF: 37.099 Package # DescriptionBid Bid Package Price. 08/31/2015 BP -010000 General Conditions $ - -On-Site Project Management $ 244,955 $ 7.64 -Tempora Project Utilities $ 26,980 $ 0.84 -Field Office & Office Supplies $ 55,152 $ 1.72 BP -010001 Temporary Construction $ 27,392 $ 0.85 BP -024119 Demolition $ 143,550 $ 4.48 BP -028000 Soil Retention System $ $ - BP -033000 (Concrete $ 488,018 $ 15.22 SP -044000 Mason $ 435,025 $ 13.57 BP -044001 Masonry Repair Allowance (Special Elevation Note $ 25,000 $ 0.78 BP -051000 Steel $ 222,822 $ 6.95 BP -062000 Architectural Woodwork $ 97,886 $ 3.05 BP -071000 Waterproofing & Sealants $ 44,158 $ 1.38 BP -075000 Roofing $ TPO Roofing at Expansion Areas $ 58,180 $ 1.81 TPO Roofing at Existing Roof Areas $ 174,539 $ 5.44 Break-out amount: 5188,614 (includes mark-ups) Standing Seam Metal Roofing $ 212,503 $ 6.63 Break-out amount: $229.639 (includes mark-ups) BP -081000 Doors, Frames & Hardware $ 70,800 $ 2.21 BP -088000 Glass & Glazing $ 274,600 $ 8.56 BP -092400 Plaster $ 3,078 $ 0.10 BP -092500 Drywall & Acoustical Systems $ 419,147 $ 13.07 BP -093000 Tile $ 35,500 $ 1.11 BP -096000 Carpet & Resilient Flooring $ 186,398 $ 5.81 BP -099100 Painting & Coatings $ 151,703 $ 4.73 BP -100000 Specialties $ 22,599 $ 0.70 BP -101400 Signage $ 24,435 $ 0.76 BP -105000 Flagpole - Deleted $ $ BP -106500 O erabie Partitions $ 18,800 $ 0.59 BP -107310 Cano les $ 81,501 $ 2.54 BP -111000 11-ibrary Equipment Book Drops) $ 5,480 $ 0.17 BP -113100 Appliances $ 10,049 $ 0.31 BP -124500 Foot Grilles (Deleted) $ - $ - BP -125000 Window Treatments $ 20,069 $ 0.63 BP -210000 Fire Protection $ 40,605 $ 1.27 BP -220000 Plumbing $ 115,559 $ 3.60 BP -230000 HVAC $ 389,720 $ 12,16 BP -260000 Electrical $ 1,056,610 $ 32.96 -Lighting & Lighting Control w/ Electrical $ -Fire Alarm w/ Electrical $ BP -270000 Communications - Allowance - Deleted BY OWNER $ BP -270001 Audio Visual Systems - (Deleted) BY OWNER $ BP -280000 Security & Access Control - Allowance - Deleted BY OWNER $ BP -310001 Earthwork $ 87,679 $ 2.73 BP -313116 Termite Treatment $ 545 $ 0.02 BP -320001 Site Furnishings - Bike Racks $ 3,395 $ 0.11 BP -325000 Pavement Markings $ 5,325 $ 0.17 BP -321400 Unit Pavers $ 14,100 $ 0.44 BP -321216 Asphalt Paving $ 13,716 $ 0.43 BP -325500 Fences & Gates $ 37,577 $ 1.17 BP -329000 Landscape & Irrigation $ 115,776 $ 3.61 BP -333000 lSite Utilities $ 50,053 $ 1.56 BP -333005 jBelow Grade Drainage System $ 45,392 $ 1.42 Allowance for City Comments $ 18,000 $ 0.56 $ Cost of Work Subtotal $ 6,674,372 $ 173.86 Contractor's Contfngencyl 3.00% $ 167,231 1 $ 5.22 Buildin2 Permitl BY OWNER 1 $ Construction Costs Subtotal1 $ 5,741,603 1 $ 179.08 CGL & Umbrella Insurancel 0.89%1$ 53,613 1 $ 1.67 Builder's Riskj 12 Mos. 1 $ 5,783 1 $ 0.18 Payment & Performance Bond 1 0.95%1 $ 57,227 1 $ 1.78 Construction Costs & Insurance Subtotal 1 $ 5,868,225 1 $1 82.72 Feel 2.75% 1 Ub,bb7 b.11 Project Subtotal 1 $ 6,023,882 1 $ 187.88 cce to slue En ineerin 225,302 (1.03)1 Includes CM Mark -u s Project Subtotal with Accepted Value Engineering 1 $ 5,798,580 1 $ 180.86 Owner's Contingencyl 1 $ 100,00013.12 1 Excludes any M Mar -u s an . . s Project Total 1 $ 5,898,580 1 $ 183.97 Page 1 of 2 Cost Breakdown by Bid Package NINE DECADES OF EXCELLENCE EXHIBIT A zsot Scott Avenue Suite 300 CONSTRUCTION SERVICES Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Cost Estimate Summary Sheet W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: September 3, 2015 Building SF: 32,062 reconstruct on'Ser-vices Feel 1 $ 10,000 Alternates (Pricing Includes Mark-ups) Aft. No. 1 - Trellis Shaped Canopy ADD $ 54,706 Alt. No. 2a - Remove & replace existing glazing ADD $ 80,701 Alt. No. 2b - Remove & replace existing lazing & framing ADD $ 91,762 Alt. No. 3a - Nichiha Vintage Wood i.l.o Natural Stone DED $ 82,129 Not Acceptable Alternative Alt. No. 3b - Nichiha Illumination Series i.l.o. Natural Stone DED $ (78,887) Not Acceptable Alternative Alt. No. 4 - Replace existing glazing with Dynamic Glass ADD $ 240,844 It. No. 5 - Install additional "fins" at curtainwall ADD $ 15,322 Alt. No. 6 -Electro shades i.l.o. manual at spec. locations ADD $ 14,063 Alt. No. 7 - Indoor resilient surfacing ADD $ 12,290 Alt. No. 8 - Replace sealants at existing windows ADD $ 5,815 Included In Base Pricing Page 2 of 2 Cost Breakdown by Bid Package CONSTRUCTION SERVICES NINE DECADES OF EXCELLENCE EXHIBIT B 1 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 (817)335-3394 (817)877-5507 Unit Pricing & Allowances W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: September 3, 2015 1 18" Cased Concrete Piers $ 85.25 $ 23.00 2 24" Cased Concrete Piers $ 94.60 $ 26.00 Allowances specified in the Contract Documents - Not Applicable 1 Additional patching of barrel vault ceiling $ 5,000 2 Future RFI/Clarification for hdwr sets 20 & 21 $ 4,500 3 Remediation work to portion of south fagade of building $ 25,000 (Ref. A300) 4 Additional tapered insulation at convex roof profile to $ 3,500 achieve 20 -yr special warranty 5 Adding two water closets to the Women's restroom and $ 18,000 painting wires that support the drop ceiling being used by the electrician to support his cables and wires red per Citv Comments 8 & 13. 1 Alt. No. 1 - Trellis Shaped Canopy $ 54,706 2a Alt. No. 2a - Remove & replace existing glazing $ 80,701 2b Alt. No. 2b - Remove & replace existing glazing & $ 91,762 framing 3a Alt. No. 3a - Nichiha Vintage Wood i.l.o Natural Stone $ (82,129) Not Acceptable Alternative 3b Alt. No. 3b - Nichiha Illumination Series i.l.o. Natural $ (78,887) Not Acceptable Alternative Stone 4 Alt. No. 4 - Replace existing glazing with Dynamic Glass $ 240,844 5 Alt. No. 5 - Install additional "fins" at curtainwall $ 15,322 6 Alt. No. 6 - Electro shades i.l.o. manual at spec. $ 14,063 7 Alt. No. 7 - Indoor resilient surfacing $ 12,290 8 Alt. No. 8 - Replace sealants at existing windows $ 5,815 Included in Base Pricing Page 1 Unit Costs & Allowances ELM BYM CONSTRUCTION SERVICES Date: September 3, 2015 NINE DECADES OF EXCELLENCE EXHIBIT C 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Qualifications & Clarifications W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price General Conditions: 1 A Contractor's Construction Contingency of 3% is included in this Guaranteed Maximum Price and is intended for construction use only. 2 A $100,000 Owner Contingency is included as itemized on the Cost Summary Sheet and does not contain any mark-ups or costs for General Conditions by the Construction Manager. 3 A construction fee of 2.75% is included and is based upon the total construction cost. 4 Builders Risk Insurance is included and based upon the total cost. 5 CGL & Umbrella Insurance is included and based upon the proposed schedule and total cost. 6 Payment and Performance bonds for Byrne have been included on the cost summary and are based upon the total cost. 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 Plan review and building permit costs are 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. This GMP does not include labor for extensive Commissioning on the project which is not currently referenced in the contract documents. 12 The General Conditions included in this estimate are based upon approximately 11 months to substantial .completion. Overall project completion is 12 months. 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 CM does not warrant of guarantee functionality of the design with the Owner's requirements. The CM relies upon the designers to provide and implement the Owner's requirements into the design documents. 15 The CM will provide oversight and review of submittals for compliance with the contract documents, however, the design team shall bear the full responsibility for acceptance and approval of all submittals. 16 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. 17 All costs for mobile phones and tablets is inclusive of mobile data management. 18 All initial and final survey's and plats required by the City are by the Owner. 19 All electrical, water, and fire alarm monitoring costs associated with construction are excluded and to be included ,by the Owner. 20 This GMP is to be reviewed as a whole; not as individual line items. 21 Pricing is based on the 100% Construction Document issue of civil, architectural, structural, and MEP drawings and specifications by Hidell Architecture on July 10, 2015. Refer to the Contract Documents list for a full listing of documents reviewed. 22 Specification section 00007 - General Conditions is excluded. Refer to the CM's agreement with the Owner for this document. 23 Byrne will provide as -built record documents in .PDF format. No cost has been included to provide AutoCad or Revit record drawings. Temporary 1 ISales tax is excluded. Page 1 Qualifications & Clarifications CONSTRUCTION SERVICES Date: September 3, 2015 NINE DECADES OF EXCELLENCE EXHIBIT C 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Qualifications & Clarifications W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price 2 This GMP is based upon electronic design document files and models being available to all subcontractors at no additional cost. 3 All FF&E, OFE, KI Wall Systems, and furnishings are excluded from this GMP, unless specifically noted in the budget detail. 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. !Division 2 - Existing Conditions: (Per Plans & Specifications) Division 3 - Concrete: (Per Plans & Specifications) 1 StormVoid or waterproof void form boxes are excluded. This GMP includes typical wax impregnated void form boxes at specified locations. 2 All piers are included as 100% cased. Division 4 - Masonry: (Per Plans & Specifications) 1 Cleaning of existing masonry to remain is excluded. 2 An allowance of $25,000 is included for all work associated with Special Elevation Note on drawing A300. Division 5 - Metals: (Per Plans & Specifications) 1 7— ... Plastics and Composites: 1'7T inwall blocking for equipment shown on the documents will be provided. Any additional requirements not shown on the construction documents for Owner provided equipment is excluded. Division 7 - Thermal and Moisture Protection: (Per Plans & Specifications) 1 The special, 20 -year, no dollar limit (NDL), weathertightness warranty is included for the designed standing seam metal roofing system at the convex roof areas only. In order for the convex shaped area of the roof to be covered by this special warranty, modification will be required by installing tapered insulation in order to flatten out the profile of the roof to meet the Manufacturer's testing standards. An allowance of $3,500 is included for this additional insulation and is contingent upon a meeting among the Owner, Architect, Construction Manager, Roofing Contractor and Roofing Manufacturer to agree upon and finalize details. 2 Metal roofing will be installed per FM standards, however, FM Certifications for roofing systems are excluded. 3 The metal roofing system includes fastening metal "Z" shaped furring strips to the existing metal roof deck, 3" poly -iso insulation with the specified self adhering moisture barrier applied and capped/covered with the specified metal roof panels. • 1 Openings: Specification section 08 44 13 - Aluminum Curtainwall System states aluminum curtainwall system shall perform to a maximum allowable deflection of L/175 when subjected to a wind load of 100psf. This is not typical and above normal for this area. GMP pricing includes the curtainwall system to perform to this criteria when subjected up to a wind load of 20psf. 2 Specific STC ratings for exterior storefront systems per specification section 08 43 13 - Exterior Aluminum Framed Storefronts are excluded. 3 An allowance of $4,500 is included for future clarifications/revisions to hardware sets 20 & 21. 41 Removal and replacement of existinq tint at windows to remain is excluded. Division 9 - Finishes: (Per Plans & Specifications) Page 2 Qualifications & Clarifications CONSTRUCTION SERVICES Date: September 3, 2015 NINE DECADES OF EXCELLENCE EXHIBIT C 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Qualifications & Clarifications W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Division i - Specialties: (Per Plans & Specifications) Division 11 - Equipment: (Per Plans & Specifications) Through -wall book returns at the drive-thru book drop are included as Kingsley Companies' "ease driveUp Through Wall Return" (2ea) with lettering to be determined. 2 N31 Through -wall book returns at the interior lobby book drop are included as Kingsley Companies' "slimLine exterior thruWall Drop" 2ea with letteringto be determined. All other fibra equipment and invento controls stems and installation thereof are excluded. 12 - Furnishings: (Per Plans & Specifications) Division 13 - Special Construction (NOT INCLUDED) Division 14 - Conveying Systems (NOT INCLUDED) Suppression:Division :Division 21 - Fire The existing fire suppression system (piping & heads) within the barrel vault ceiling is to remain as is. Additional costs required for modification of the existing system in this area are excluded. L1 l2 Recertification/replacement of the existing backflow preventer for the fire suppression system is excluded. Division 22 - Plumbing: (Per Plans & Specifications) Division 23 - Heating, Ventilating and Air Conditioning: (Per Plans & Specifications) Division 26 - Electrical: (Per Plans & Specifications) 1A central battery inverter system is excluded. Refer to Fixture Types GE & KDE on drawing E402. Size, power, and location for the system has not been provided in the documents. ]excluded. All required rough -in for data/power currently shown on the documents will be provided. Any additional requirements not shown on the construction documents for Owner provided equipment, including whips, is Division 27 - Communications: 1 Communications systems are excluded and are to be provided by the Owner. 2 Audio/visual systems are excluded and to be provided by the Owner. 3 The salvage of existing communications, IT, & audio/visual systems is assumed to be by Owner. This includes Demolition Notes 61, 65, & 66 on drawing DEMO 202. Removal of all other noted as undesired systems and le ui ment are included with Division 2 - Demolition. Division 28 - Electronic Safety and Security - 1 Leity and access control systems are EXCLUDED. 2 alva a of existing securit control a ui ment is assumed to be bv Owner. Division 31 - Earthwork: (Per Plans & Specifications) T Termite pre-treatment at new building areas is included as Bayer Premise 75. Termite bait stations, mesh barriers & sand barriers are excluded. Division 32 - Exterior Improvements: (Per Plans & Specifications) 1 jTree root barrier is not detailed or shown, so is therefore excluded from GMP pricing. Division 33 - Utilities: (Per Plans & Specifications) Page 3 Qualifications & Clarifications Rkw NINE DECADES OF EXCELLENCE EXHIBIT D 2601 Scott Avenue BYRNE Suite 300 CONSTRUCTION SERVICES Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Contract Documents List W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: August 31, 2015 Specifications Specification Section Issue Date Specification Section Title 00001 07/10/15 Table of Contents 00002 07/10/15 Certification Page 00200 07/10/15 Geotechnical Data Geotechnical Report Dated November 7, 2014 Wage Rates 010100 07/10/15 Summary of Work 012100 07/10/15 Allowances 012200 07/10/15 Unit Prices 012300 07/10/15 Alternates 012500 07/10/15 Substitution Procedures 012600 07/10/15 Contract Modification Procedures 012900 07/10/15 Payment Procedures 013100 07/10/15 Project Management and Coordination 013200 07/10/15 Construction Progress Documentation 013300 07/10/15 Submittal Procedures 014000 07/10/15 Quality Requirements 014100 07/10/15 Testing Laboratory Services 014200 07/10/15 References 015000 07/10/15 Temporary Facilities and Controls 016000 07/10/15 Product Requirements 017300 07/10/15 Execution 017310 07/10/15 Final Cleaning 017329 07/10/15 Cutting and Patching 017700 07/10/15 Closeout Procedures 017823 07/10/15 Operation and Maintenance Data 017839 07/10/15 Project Record Documents 018000 07/10/15 Warranties and Bonds 019000 07/10/15 Finish Material Selection Schedule 024119 07/10/15 Selective Structure Demolition 020610 07/10/15 Reroofing Preparation 031000 07/10/15 Concrete Formwork and Accessories 032000 07/10/15 Concrete Reinforcement 033000 07/10/15 Cast -In -Place Concrete 041000 07/10/15 Mortar & Grout for Concrete Unit Masonry 042000 07/10/15 Unit Masonry 042113 07/10/15 Brick Masonry 042200 07/10/15 Natural Texas Limestone 047200 07/10/15 Cast Stone Masonry 051200 07/10/15 Structural Steel 052100 07/10/15 Steel Joists 053000 07/10/15 Metal Roof Deck 054000 07/10/15 Cold -Formed Metal Framing 055000 07/10/15 Metal Fabrications 055213 07/10/15 Pipe and Tube Railings Page 1 Contract Documents List CONSTRUCTION SERVICES NINE DECADES OF EXCELLENCE EXHIBIT D 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Contract Documents List W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: August 31, 2015 061000 07/10/15 Rough Carpentry 061600 07/10/15 Sheathing 062000 07/10/15 Finish Carpentry 064023 07/10/15 Interior Architectural Woodwork 072100 07/10/15 Thermal Insulation 072500 07/10/15 Weather Barriers 072616 07/10/15 Below Grade Vapor Retarder 074113 07/10/15 Metal Roof Panels 074342 07/10/15 Composite Wall Panel 075423 07/10/15 Thermoplastic Polyolefin (TPO Roofing) 076200 07/10/15 Sheet Metal Flashing and Trim 077200 07/10/15 Roof Accessories 077220 07/10/15 Roof and Desk Insulation 078413 07/10/15 Penetrating Firestopping 079200 07/10/15 Joint Sealants 081113 07/10/15 Hollow Metal Doors and Frames 081200 07/10/15 Interior Aluminum Doors, Door Frames, and Storefront Framing 082120 07/10/15 Solid Core Plastic Laminate -Faced Doors 083115 07/10/15 Access Doors 083480 07/10/15 Sound Control Hollow Metal Door and Frame 083213 07/10/15 Automatic Sliding Aluminum -Framed Glass Doors 084313 07/10/15 Exterior Aluminum Framed Storefronts 084413 07/10/15 Aluminum Curtainwall System 086223 07/10/15 Tubular Daylighting Device 087000 07/10/15 Door Hardware and Schedule 088000 07/10/15 Glazing 088020 07/10/15 Dynamic Glazing 092216 07/10/15 Non Structural Metal Framing 092400 07/10/15 Portland Cement Plastering 092610 07/10/15 Gypsum Sheathing 092900 07/10/15 Gypsum Board 093013 07/10/15 Tile 095123 07/10/15 Acoustical Tile Ceilings 095426 07/10/15 Linear Wood Ceiling 096519 07/10/15 Resilient Tile Flooring 096520 07/10/15 Rubber Flooring 096522 07/10/15 Indoor Resilient Surfacing 096550 07/10/15 Luxury Vinyl Flooring 096813 07/10/15 Carpet Tile 099113 07/10/15 Exterior Paints and Coatings 099223 07/10/15 Interior Paints and Coatings 101400 07/10/15 Interior Signage 102133 07/10/15 Stainless Steel Toilet Compartments 102650 07/10/15 Impact -Resistant Wall Protection 102800 07/10/15 Toilet Accessories 104200 07/10/15 Exterior BuildingSignage Page 2 Contract Documents List CONSTRUCTION SERVICES NINE DECADES OF EXCELLENCE EXHIBIT D 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Contract Documents List W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: August 31, 2015 104400 07/10/15 Fire Protection Specialties 106500 07/10/15 Operable Panel Partitions 107310 07/10/15 Protective Covers 113100 07/10/15 Residential Appliances 124940 07/10/15 Roller Shades 210500 07/10/15 Common Work Results for Fire Suppression 211000 07/10/15 Automatic Sprinkler Systems 211100 07/10/15 Fire Protection Piping 220500 07/10/15 Common Work Results for Plumbing 220016 07/10/15 Expansion Fittings and Loops for Plumbing Piping 220517 07/10/15 Sleeves and Sleeve Seals for Plumbing Piping 220518 07/10/15 Escutcheons for Plumbing Piping 221519 07/10/15 Meters and Gages for Plumbing Piping 220523 07/10/15 General -duty Valves for Plumbing Piping 220529 07/10/15 Hangers and Supports for Plumbing Piping and Equipment 220553 07/10/15 Identification for Plumbing Piping and Equipment 220719 07/10/15 Plumbing Piping Insulation 221116 07/10/15 Domestic Water Piping 221119 07/10/15 Domestic Water Piping Specialties 221316 07/10/15 Sanitary Waste Piping 221319 07/10/15 Sanitary Waste Piping Specialties 221413 07/10/15 Storm Drainage Piping 221423 07/10/15 Storm Drainage Piping Specialties 223300 07/10/15 Electric Domestic Water Heaters 224000 07/10/15 Plumbing Fixtures 230500 07/10/15 Common Work Results for HVAC 230513 07/10/15 Common motor Requirements for HVAC 230529 07/10/15 Hangers and Support for HVAC Piping and Equipment 230548 07/10/15 Vibration Controls for HVAC Piping and Equipment 230553 07/10/15 Identification for HVAC Piping and Equipment 230593 07/10/15 Testing, Adjusting, and Balancing for HVAC 230700 07/10/15 HVAC Insulation 230900 07/10/15 Instrumentation and Control for HVAC 231123 07/10/15 Fuel Gas Piping 233113 07/10/15 Metal Ducts 233300 07/10/15 Air Duct Accessories 233423 07/10/15 HVAC Power Ventilators 233713 07/10/15 Diffusers, Registers, and Grilles 237413 07/10/15 Roof Top Air Conditioners 238239 07/10/15 Unit Heaters 260100 07/10/15 General Requirements for Electrical Work 260500 07/10/15 Common Work Results for Electrical 260510 07/10/15 Sealing of Penetrations 260519 07/10/15 Low -Voltage Electrical Power Conductors and Cables 260520 07/10/15 Wire Connections and Devices 230526 07/10/15 Grounding and Bonding for Electrical Systems Page 3 Contract Documents List CONSTRUCTION SERVICES NINE DECADES OF EXCELLENCE 2601 Scott Avenue EXHIBIT D Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Contract Documents List W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: August 31, 2015 260529 07/10/15 Hangers and Supports for Electrical Systems 260531 07/10/15 Empty Conduit Systems 260533 07/10/15 Raceways and Boxes for Electrical Systems 260534 07/10/15 Outlet, Pull and Junction Boxes 260535 07/10/15 Pull and Junction Box 260543 07/10/15 Underground Ducts and Raceways for Electrical Systems 260553 07/10/15 Identification for Electrical Systems 260573 07/10/15 Overcurrent Protective Device Coordination Study 260920 07/10/15 Network Lighting Controls 260923 07/10/15 Lighting Control Devices 262200 07/10/15 Energy Efficient Harmonic Cancellation Dry Type Transformers 262413 07/10/15 Switchboards 262416 07/10/15 Panelboards 262713 07/10/15 Electricity Metering 262726 07/10/15 Wiring Devices 262813 07/10/15 Fuses 262816 07/10/15 Enclosed Switches and Circuit Breakers 264313 07/10/15 Transient -Voltage Suppression System 265100 07/10/15 Interior Lighting 265600 07/10/15 Exterior Lighting 283111 07/10/15 Digital Addressable Fire Alarm System 310000 07/10/15 Earthwork 311000 07/10/15 Site Clearing 312300 07/10/15 Excavation and Fill 312500 07/10/15 Erosion and Sedimentation Controls 313116 07/10/15 Termite Control 316329 07/10/15 Drilled Piers 321216 07/10/15 Hot Mix Asphaltic Concrete Pavement for Running Track 321313 07/10/15 Portland Cement Concrete Paving 321400 07/10/15 Concrete Pavers 328423 07/10/15 Landscape Irrigation System 329000 07/10/15 Landscaping 329119 07/10/15 Finish Grading 329250 07/10/15 Sodding 329452 07/10/15 Tree Root Barrier 333000 07/10/15 Sanitary Sewerage Utilities 334000 1 07/10/15 Storm Drainage Utilities Drawings Sheet Number Issue Date Drawing Title ACOVE 07/10/15 Cover INDEX 07/10/15 Index of Drawings NOTES 07/10/15 General Notes CODE -01 07/10/15 Code Plan CODE -02 07/10/15 Composite Path of Travel Plan ADA -1 07/10/15 ADA Requirements Paize 4 Contract Documents L ist NINE DECADES OF EXCELLENCE EXH I B IT D 2601 Scott Avenue BYRINE Suite 300 CONSTRUCTION SERVICES Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Contract Documents List W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: August 31, 2015 ADA -2 07/10/15 ADA Requirements ADA -3 07/10/15 ADA Requirements ADA -4 07/10/15 ADA Requirements ADA -5 07/10/15 ADA Requirements ADA -6 07/10/15 ADA Requirements C0.1 07/10/15 Demolition Plan C1.1 07/10/15 Dimensional Control Plan C2.1 07/10/15 Grading Plan C3.1 07/10/15 Storm Sewer Plan C4.1 07/10/15 Sanitary Sewer Plan C5.1 07/10/15 Paving Plan C5.2 07/10/15 Paving Details TP1.1 07/10/15 Tree Preservation Plan TP1.2 07/10/15 Tree Preservation Details 1-1.1 07/10/15 Landscape Plan 1-1.2 07/10/15 Landscape Notes & Details 1-2.1 07/10/15 Demo Irrigation Plan L2.2 07/10/15 Irrigation Plan L2.3 07/10/15 Irrigation Plan L2.4 07/10/15 Irrigation Plan DEMO 100 07/10/15 Demolition Site Plan DEMO 200 07/10/15 Demolition Floor Plan Part - A DEMO 201 07/10/15 Demolition Floor Plan Part - B DEMO 202 07/10/15 Demolition Floor Plan Part Keynotes DEMO 210 07/10/15 Demolition Reflected Ceiling Plan Part - A DEMO 211 07/10/15 Demolition Reflected Ceiling Plan Part - B DEMO 240 07/10/15 Demolition Roof Plan Part - A DEMO 241 07/10/15 Demolition Roof Plan Part - B DEMO 300 07/10/15 Demolition Elevation DEMO 301 07/10/15 Demolition Elevation DEMO 500 07/10/15 Demolition Sections DEMO 501 07/10/15 Demolition Sections DEMO 502 07/10/15 Demolition Sections DEMO 503 07/10/15 Demolition Sections DEMO 504 07/10/15 Demolition Sections DEMO 505 07/10/15 Demolition Sections DEMO 506 07/10/15 Demolition Sections A100 07/10/15 Site Plan A110 07/10/15 Enlarged Site Plan and Details A111 07/10/15 Enlarged Site Plan and Details A112 07/10/15 Site Monument Sign Elevations and Details A113 07/10/15 Enlarged Site Plan and Walkway Cover System Details A114 07/10/15 Enlarged Site Plan and Walkway Cover System Details A115 07/10/15 Enlarged Site Plan Asphalt Track A116 07/10/15 Site Fence Elevations and Details A 7 07/10/15 Enlarged Site Plan Entrance Canopy System Details Page 5 Contract Documents List CONSTRUCTION SERVICES NINE DECADES OF EXCELLENCE EXHIBIT D 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Contract Documents List W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: August 31, 2015 A200 07/10/15 Composite Floor Plan A201 07/10/15 Floor Plan Part - A A202 07/10/15 Floor Plan Part - B A203 07/10/15 Electrical Floor Box Plan Part - A A204 07/10/15 Electrical Floor Box Plan Part - B A211 07/10/15 Reflected Ceiling Plan Part - A A212 07/10/15 Reflected Ceiling Plan Part - B A213 07/10/15 Light Fixture Schedule A214 07/10/15 Enlarged Reflected Ceiling Plan A215 07/10/15 Enlarged Reflected Ceiling Plan A216 07/10/15 Reflected Ceiling Plan Details A217 07/10/15 Reflected Ceiling Plan Details A218 07/10/15 Reflected Ceiling Plan Details A230 07/10/15 Plan Details A231 07/10/15 Plan Details A232 07/10/15 Plan Details A233 07/10/15 Plan Details A234 07/10/15 Plan Details A240 07/10/15 Roof Plan Part - A A241 07/10/15 Roof Plan Part - B A242 07/10/15 Roof Details A243 07/10/15 Roof Details A244 07/10/15 Roof Details A245 07/10/15 Roof Details A246 07/10/15 Roof Details A247 07/10/15 Roof Details A248 07/10/15 Roof Details A249 07/10/15 Roof Details A250 07/10/15 Roof Details A251 07/10/15 Roof Details A300 07/10/15 Exterior Elevations A301 07/10/15 Exterior Elevations A302 07/10/15 Cast Stone Dimension Control Elevations and Details A303 07/10/15 Cast Stone Dimension Control Elevations and Details A304 07/10/15 Mock Up Panel Elevation and Details A400 07/10/15 Room Finish Schedule A410 07/10/15 Door Schedule and Details A411 07/10/15 Door Details A412 07/10/15 Door Details A420 07/10/15 Window Schedule and Elevations A420A 07/10/15 Window Schedule and Elevations A421 07/10/15 Window Details A422 07/10/15 Window Details A423 07/10/15 Window Details A500 07/10/15 Wall Sections A501 07/10/15 Wall Sections Page 6 Contract Documents List CONSTRUCTION SERVICES NINE DECADES OF EXCELLENCE EXHIBIT D 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Contract Documents List W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: August 31, 2015 A502 07/10/15 Wall Sections A503 07/10/15 Wall Sections A504 07/10/15 Wall Sections A505 07/10/15 Wall Sections A506 07/10/15 Wall Sections A507 07/10/15 Wall Sections A508 07/10/15 Wall Sections A509 07/10/15 Wall Sections A510 07/10/15 Wall Sections A511 07/10/15 Wall Sections A512 07/10/15 Wall Sections A513 07/10/15 Wall Sections A514 07/10/15 Wall Sections A600 07/10/15 Enlarged Plans & Interior Elevations - Restroom / Janitor A601 07/10/15 Enlarged Plans & Interior Elevations - Restroom A610 07/10/15 Interior Elevations A611 07/10/15 Interior Elevations A612 07/10/15 Interior Elevations A613 07/10/15 Interior Elevations A614 07/10/15 Interior Elevations A615 07/10/15 Interior Elevations A616 07/10/15 Interior Elevations A617 07/10/15 Interior Elevations A618 07/10/15 Interior Elevations A619 07/10/15 Interior Elevations A700 07/10/15 Millwork Sections A701 07/10/15 Millwork Sections A702 07/10/15 Millwork Sections A703 07/10/15 Millwork Sections A704 07/10/15 Millwork Sections A705 07/10/15 Millwork Sections A706 07/10/15 Millwork Sections A901 07/10/15 Floor Pattern Plan Part - A A902 07/10/15 Floor Pattern Plan Part - B A903 07/10/15 Enlarged Floor Pattern Plan A1100 07/10/15 Signage A1101 07/10/15 Signage A1201 07/10/15 Paint Floor Plan - Part A A1202 07/10/15 Paint Floor Plan - Part B A1211 07/10/15 Reflected Ceiling Paint Plan - Part A All 212 07/10/15 Reflected Ceiling Paint Plan - Part B A1300 07/10/15 Furniture Plan S101 07/10/15 Abbreviations & General Notes S102 07/10/15 Special Inspections S201 07/10/15 Existing / Demolition Foundation Plan S202 t 07/10/15 1 Existing / Demolition Roof Framing Plan Page 7 Contract Documents List BYR14E CONSTRUCTION SERVICES NINE DECADES OF EXCELLENCE EXHIBIT D 2601 Scott Avenue Suite 300 Fort Worth, Texas 76103 Phone: (817) 335-3394 Fax: (817) 877-5507 Contract Documents List W.T. Cozby Library Renovation - City of Coppell Guaranteed Maximum Price Date: August 31, 2015 S203 07/10/15 Existing & New Foundation Plan - Master S204 07/10/15 Existing & New Foundation Plan - Area A S205 07/10/15 Existing & New Foundation Plan - Area B S206 07/10/15 Over All New Addition Roof Framing Plan S207 07/10/15 Existing & New Roof Framing Plan - Area A S208 07/10/15 Existing & New Roof Framing Plan - Area B S301 07/10/15 Foundation Sections S302 07/10/15 Foundation Sections S401 07/10/15 Framing Sections S402 07/10/15 Framing Sections S403 07/10/15 Framing Sections S501 07/10/15 Typical Sections S502 07/10/15 Typical Sections MEP100 07/10/15 Symbols Legend - MEP MEP101 07/10/15 Site Plan - MEP MEP102 07/10/15 Floor Plan - Area A HVAC MEP103 07/10/15 Floor Plan - Area B HVAC M200 07/10/15 Over -All Floor Plan - HVAC M201 07/10/15 Floor Plan - Area A - HVAC M202 07/10/15 Floor Plan - Area B - HVAC M301 07/10/15 Details and Schedules - HVAC P200 07/10/15 Over -All Floor Plan - Plumbing P201 07/10/15 Floor Plan - Area A - Plumbing P202 07/10/15 Floor Plan - Area B - Plumbing P301 07/10/15 Details and Schedules - Plumbing E200 07/10/15 Over -All Floor Plan - Lighting E201 07/10/15 Floor Plan - Area A - Lighting E202 07/10/15 Floor Plan - Area B - Lighting E300 07/10/15 Over -All Floor Plan - Power E301 07/10/15 Floor Plan - Area A - Power E302 07/10/15 Floor Plan - Area B - Power E401 07/10/15 Details and Schedules - Electrical E402 07/10/15 Schedules - Electrical E403 07/10/15 Details and Schedules - Electrical E404 07/10/15 Details and Schedules - Electrical Addenda Addendum Original Date Description 1 07/24/15 Addendum No. 1 2 08/03/15 Addendum No. 2 N/A RFI Lo Page 8 Contract Documents List CONSTRUCTION SERVICES EnfR EXHIBIT E NINE DECADES OF EXCELLENCE 2601 SCOTT AVENUE, SUITE 300 FORT WORTH, TEXAS 76103 817/335-3394 FAX 817/877-5507 www.tsbVrne.com Request For Information NAME: Tony Blaas NAME: Ryan Balliett - Estimator COMPANY: Hidell and Associates Architects, Inc. COMPANY: Byrne Construction Services E -Mail: tblaas(a)hidell.com E -Mail: rballiett@tsbyrne.com PROJECT: Cozby Library & Community Commons Question # Question Detail/Reference Response Please refer to drawing S101 and Spec Section S101 Hidell Response: Reference Sheet S101 (Note 1, 1 03 30 00. Please clarify which types of concrete under Cast In Place reinforced Concrete) mix strengths are required. 03 30 00 Please refer to 04 72 00. Is there a requirement Hidell Response: Cast stone is not to receive a 2 to seal the cast stone with a clear sealer? 04 72 00 sealer only specific stone(s) that are identified on the drawings/specifications. Please refer to 05 50 00, sub -section 2.9-A. Hidell Response: Under section 2.9 Metal 3 Section calls for elevator ladder. Please omit. 05 50 00 Ladders, A. General, 2. "elevator pit ladders" is not required. Please refer to spec section 05 52 13 Pipe and Hidell Response: High Performance Coating Tube Railings. Section makes reference to use specification section is NOT provided and is NOT of a "High Performance Coating, color as required. Under 2.8, Item F in spec section selected by Architect'. High Performance 055213 is not required. Reference specification 4 Coating was not found in the exterior painting 055213 sections 099123 Exterior Paints and Coatings. spec. sections 09 91 13. Please provide a copy Reference specification section 019000 for of the spec. section and the color the architect specific call out of paint colors. has selected. Please refer to 06 10 00 sub -section 2.7-A. Hidell Response: Asphalt -saturated organic felt 5 Please clarify where building paper is used in the 06 10 00 is not required. drawings. Spec section 05 12 00-2.2-G Structural Steel Hidell Response: The following words or 6 references a spec section 05125 which cannot 05 12 00 reference shall be removed from paragraph G, be located in the specs. under section 051200, 2.2 "See 05125 for additional information". Please reference 06 40 23 sub -section 1.4-G Hidell Response: Comply with the Quality Control 7 and 1.5. Please clarify if project requires AWI 06 40 23 standards, NO certification required. compliance, certification, or quality control program. Refer to item B under part 2.3 of Specification Hidell Response: All existing HVAC is being Section 01 50 00 — Temporary Facilities and removed. Permanent HVAC system to be 8 Controls. Please confirm the Owner will allow 01 50 00 operated during construction upon installation of permanent HVAC systems to be operated during system/controls, etc.. construction. Please confirm that item D under part 1.4 of Hidell Response: Dust Control and HVAC Specification Section 01 50 00 — Temporary Control Plan is NOT required. 9 Facilities and Controls will not be required on this 01 5000 project, as there will be no occupied areas of the building during construction. Please refer 07 84 13. Will a FM4991 approved 07 84 13 Hidell Response: Firm MUST follow FM4991 installer be required for penetration firestopping standards as a minimum requirement. 10 per sub -section 1.4, or can FM4991 standards be followed without the installing firm being certified? Page 1 of 4 EXHIBIT E Page 2 of 4 Please refer to 07 84 13. Sub -section 3.4 07 84 13 Hidell Response: Stenciling shall be an requires specific, attached labeling of sealed acceptable labeling means. 11 penetrations in rated wall assemblies. Will this be required or can stenciling be utilized instead due to the nature of thisproject? Refer to specification section 084413 Aluminum 08 44 13 Hide[[ Response: Installing contractor can Curtain Wall System. Part 3.3 of this section perform test so that requires specific 3rd Party on-site testing of the third party costs are reduced and or curtainwall system (chamber test - —$14,000 & eliminated. 12 nosel test - —$3,000). In order to reduce costs, please advise if this type of 3rd party testing is required or if the installing contractor can perform their own testing with the Architect and Owner present. Please refer to A420A. No information is A420A Hidell Response: Detailed in Alternate 8 per 16 provided for recaulking and sealing existing Addendum 1. windows that are to remain. Please provide information. A spec section has not been provided for Hidell Response: The specification section 13 firestopping. Please advise if an FM4991 078413 Penetration Firestopping is provided in approved installer will be required to fire seal the the Specification Volume Book. perimeter of rated wall assemblies. Please clarify what is to be done with the existing Hidell Response: Existing gas is being 14 gas service. It appears that all new RTU and removed/abandoned. New gas is shown from Water Heaters are electric eliminating the need meter to building to serve new RTU's, which are for gas. gas heating. The current set of documents do not show a Hidell Response: The current drawings do show mock up panel for bidding purposes. Please a mock up panel - Reference sheet A304, details 15 provide details showing the extent of an onsite 01, 02, 03 & 04. mock up for the project that includes masonry flashings, window flashings, masonry, caulkings, etc. Please provide power (including conduit) Hidell Response: Connect sump to circuit LB - requirements for the new soil drainage system 65/67 and LB -71/73 with 2#8 CU., 1#10 G. CU., 17 sump pump to be located near the SW corner of in 3/4" conduit each. Coordinate power the building. requirement and sump specifications in field with Dallas Drain. Spec. section 06 40 23-2.2-H&I reference the 06 40 23 Hidell Response: Currently glass doors and 18 use of glass shelving. This shelving is not seen shelves are not in project. We will address in on the documents, please advise if/where it is write-up of Addendum 2 ... by deleting those used in the project. references. Please refer to specification section 06 40 23-2.4 06 40 23 Hidell Response: Reference drawings (millwork references for millwork locks to be provided on elevations and sections) for call out of which the project. Please provide locations and cabinets are lockable. Sub -contractor can 19 quantities for the locks. In addition to this, please perform a takeoff to determine quantity of locks. provide a matrix showing which keys are to be All locks of millwork are keyed the same as noted keyed alike or separate to specific drawers, on the drawings. A matrix will not be provided. doors or rooms. Please Refer to P201. RTU -1 and associated P201 Hidell Response: RTU -1 and associated drain 20 drain lines are missing from this sheet. Please lines have been added. Reference updated advise the location and condensate line routing drawings to be submitted as part of Addendum for this RTU. No. 2. Please refer to Drawing A110 -Detail 5. Please A110 Hidell Response: Pipes as noted are schedule confirm the color of all bollards are to be safety 40 (not galvanized) and are to be painted. 21 yellow or another specific color. Also, please Reference specification section 019000 confirm if bollards are to be galvanized and then (Painting) for designated color identification (PT - painted over. 1). They are not to be safety yellow. Please refer to E201 & E402. Lighting Fixture "L" E201 Hidell Response: Light fixture (Type L) in Casual located in the Casual Seating area measures 6'. E402 Seating 106 is to be 6 FT and light fixture (Type 22 All other Fixture Type "L" locations and the L) in Men 105 and Women 104 is to be 12 FT. lighting fixture schedule on E402 calls for Fixture Architect will clarify this in "written form" in Type "L" to be 12'. Please verify this Addendum No. 2. Reference associated sheets. measurement is correct. Page 2 of 4 EXHIBIT E Page 3 of 4 Please reference E201 & E402. Lighting Fixture E201 Hidell Response: Light fixture (Type Q) in Teen "Q" is located in Teen Room 118. Lighting E402 118 shall be identified as Type "R". Reference 23 Fixture "Q" is not located on the Lighting Fixture updated sheet in Addendum No. 2. Schedule on E402. Please provide information on this fixture type. Please refer to E201 & E202. Exit Fixtures are E201 Hidell Response: Egress fixture shown in shown with an egress light on the outside. E202 connection with exit light is incorrect. Reference 24 Please provide details for the Exit Fixtures. fixture schedule for "Exit" fixture type. Reference updated sheet in Addendum No. 2. Please refer to E201, E202, & E402. The E201 Hidell Response: There are (4) light fixtures in Lighting Fixture Schedule on E402 calls for E202 Adult Collection 122 that are identified as type Lighting Fixture "Al". Locations for this fixture E402 "A" that shall be type "Al". There are (4) light 25 type cannot be found on E201 or E202. Please fixtures in Children Collection 125 that are provide locations, if any, for this lighting fixture. identified as type "A" that shall be type "Al". Reference updated sheet in Addendum No. 2. Please refer to CO.1 - Demo General Notes. Note C0.1 Hidell Response: Two new sheets will be 12 references SWPPP measures. Please provided as part of Addendum No. 2 (C6.1 - 26 provide a site plan with SWPPP requirements. Erosion Control Plan and C6.2 - Erosion Control Details). The SWPPP shall be provided by the GC. AHU-1 (DX Split System) is scheduled on M301 Hidell Response: Please refer to sheet M201 for 27 drawing M301, however, it does not appear on AHU-1 location. It serves the TEL/HUB room any of the mechanical plans. Please advise if 101. this unit is to be installed on this project. Please refer to specification section 23 74 13 — 23 74 13 Hidell Response: Delete Under Part 2 Products, Rooftop Air Conditioners. Part 2.1 of this section M301 2.2 Rooftop Air Conditioners 10 to 20 Tons, A. states Lennox as an acceptable manufacturer of Available Manufactures, 1. Lennox Industries, 28 RTUs, but the schedule found on M301 — Details Inc. ....and replace with "Equal to Johnson & Schedules — HVAC lists Johnson Controls. Controls" Please clarify the desired manufacturer of Roof Top Units. Refer to A1101, details 04, 05, & 06. Letters are A1101 Hidell Response: Details 04, 05 & 06 shall be a specified as acrylic LED letters. It has been "Reverse Channel, Halo Lit" letters that are brought to our attention that acrylic letters will not aluminum in lieu of acrylic edge or back lit. comply/meet UL requirements when backlit. Aluminum letter shall be finished painted. Color Please verify this is correct and advise of any to be determined. Color will be based on an RAL changes to be made to the design. We have # or matched to a manuf. paint color. Aluminum also been informed that letter strokes must be at face of letter shall be 1/8". Aluminum return of least ''/2' as required for LED installation. Please letter shall be 1/16". Provide a "clear" lexan back also verify and provide updates as necessary. panel to the aluminum letter for the LED lighting. Letters shall be projected mounted. LED's shall 29 be "colored". Color to be determined. Power supply shall be located above an accessible ceiling area. The GC and signage contractor shall coordinate the sequence of work within areas of signage so that the LED lighting of letters can be configured and tied together prior to closing up walls. As noted on detail 05 and 06, final content and font style to be determined. Font style shall be a "block" style type lettering. Detail 04, font style is identified. Please refer to A1101, detail 03. The Feliz Titling A1101 Hidell Response: In lieu of "Feliz Titling" font font that is specified is not available in cast provide font style "Helvetica". Note: All Final Font 30 aluminum letters. Please verify & provide an Style and Content To Be Determined and alternative font if necessary. coordinated with Architect and Owner. Font's to remain under the "block" style type letters. Please refer to A1101, detail 02. Cast aluminum A1101 Hidell Response: Yes, 2" cast aluminum letters 31 letters are not available in 1 %" tall letters. Please may be used. advise if 2" tall letters may be used. I Page 3 of 4 EXHIBIT E Page 4 of 4 Please refer to A1101, detail 01. Please clarify A1101 Hidell Response: Note, Detail 01 states that 32 the letter font style intended for use. "Final Font Style and Content To Be Determined". Font style shall resemble what is indicated on detail..i.e. "Helvetica Bold". Regarding Electrical.... can we change from EMT Hidell Response: Yes, MC cable can be used for 33 for MC cabling for branch circuits? Does the City branch circuits where not exposed or subject to require EMT physical damage. Awaiting approval/acceptance from the City of Co ell. In lieu of fabricating interior book drop opening Hidell Response: Yes... that is acceptable... the 34 as indicated on sheets A611 and A702 use wording package shall be included with the Kingsley thruwall. unit ... therefore -we can specify the required wording thru the manuf. Refer to the Termite Treatment Specification. 31 31 16 Hidell Response: This was to see what the unit 35 Part 1.3 — Unit Prices for Termite Bait Stations cost was...., not required Are these re uired? Refer to the Termite Treatment Specification. 31 31 16 Hidell Response: Premis is a better value for the Termiticide Soil Treatment (this is what we had money, it has been on the market longer with 36 been pricing all along and can vary in range from great success rate. Go with that. $345 for the Bayer Premise 75 up to $855 for the Aventis Termidor SC. Refer to the Termite Treatment Specification. 31 31 16 Hidell Response: No 37 Part 2.2 lists Sand Barrier & Mesh Termite Control. Are either of these products required on thisproject? Page 4 of 4 N N L U U) "S LL F- m 2 W I I 'o I I I Q O c I 1 I mtuc a) 0 I i .o a`� •E • I i I .m`o � j4T tf •N I I W a U CO (n LL I I ! I I I I I I I I I I I I ! I I I 1 I I I I ! I I @ ! 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C N 0' a U U O U m 11 m a`) 'c C I N .N al m 'M °� t (Q U) Q C a) 30 c 3 a 40) 'LLc iL y m 00 �- a 'o O O cup 0 caa v a' �' @ :° 3 a Q N L a3 7 - > (n � v Q U F H F- . ol cc:0 U 1- g o T=3 aNi H Co CO m w z o c o LL O o oa I I 1 I I I I I = N 1 I C I I I I M .� I > L I I 0 _ I I I I ^, W 0 c4 c0 c0 cp (fl (o v7 0 0 (o (o o !;L. 0 0 L AW Z Z Z Z Z 0 J JJ a . 0 >>>>Q��DQi �U D ' OO L s c) ao, C IL - N O O O •Q N N O O O�O M 0 0 G aa a a a a a a a a l' a a a a a s I-- O LO (O M' co N N O co N N L � it � W � U 0 N 7 O 2 C 0N Y UO lu 65 J N 7 p .,. O c N r od o O p Q c a m 19 a)� Q o m cd a C N U c s O -Fu 'k co a7 m (o cn S 2 m E N_ L c IL m oti O U rn c 5 LL a I- .. Co a m F- cn Fa- a o ice. o p m W(�OW(� H `- C7 U H L c_ asl o @ j44of c Q o C W 7 N c 3 U-0 U li 2¢ a' H m m Q �I;� O. O a4c j �. Q O 0 0 0 M V m U i `m }; 1- to `> E CD oI00 0 0 0 0' M l0(O t` W O O di i� o o u� 0 N 0 M a 0 R') 0N (fl a v v v v v Ln `-I� . u�i u� o N a a) cc`o'c 'L m o W m a O VALUE ENGINEERING LOG NINE DECADES OF EXCELLENCE BY EXHIBIT G 2601 Scott Avenue, Suite 300 M Fort Worth, TX 76103 CONSTRUCTION SERVICES 817-335-3394 FAX 817-877-5507 Cozby Library & Community Commons BASE ESTIMATE $ 6,023,882 VE ACCEPTED $ (225,302) Pricing includes insurances, contingency & mark-ups NET WITH VE $ 5,798,580 9/315 VE • DESCRIPTIONITEM 3 Utilize rubberized thru-wall flashing in lieu of ($10,806) ($10,806) stainless steel. 7 Provide mosaic tile backsplash in lieu of back ($4,898) ($4 ($4,898) Cannot be accepted if 6 is accepted painted glass at the Staff & Support Kitchens. Provide wall surface with painted accent color with 8b level 5 finish in lieu of back painted glass at ($10,404 ($10,404) Cannot be accepted if Ba is Passage 107. accepted 9 Delete magnetic glass marker boards from scope ($5,619) ($5,619) (to be with Owner's furniture package). Utilize .090 thick, clear anodized aluminum column 10 covers in lieu of the specified stainless steel ($10,505) ($10,505) column covers by Pittcon Industries. 11 Utilize Sonar 16200 ceiling tiles by Rockfon in lieu ($5,028) ($5,028) of the specified Armstrong Optima #3251. Furnish and install "thin" natural Texas limestone in This number includes a $15,000 12 lieu of natural stone veneer at areas defined b y ($45,039) ($45,039) allowance for the coordination of Alternate 3a & 3b. cast stone and detail changes at these locations. 13 Utilize 1" duct liner in lieu of 1.5" duct liner. ($4,322) ($4,322) 14 Utilize galvanized steel heat exchangers are air ($9,725) ) ($9'725) handlers in lieu of stainless steel. 1s Utilize MC cabling for branch circuits in lieu of EMT ($g 101) ($9,101) in unexposed/concealed areas. 16 Reduce lighting package. ($99,570) ($99,570) Reduce finish of barrel vault ceiling from a level 5 Pricing for this item is preliminary 17 finish to repairs to damaged areas and paint ($9,509) ($9,509) until a mock-up can be provided and existing with a flat paint. approved by the Architect. This Option assumes that Item No. Delete the cast stone band at the top of parapets 12 above is accepted and the 18 and replace with a modular brick soldier course in ($22,153) ($22,153) overall height of parapets will be accent color brick, slightly lowered (1"-2") to compensate for coursing. BYW CONSTRUCTION SERVICES VALUE ENGINEERING LOG EXHIBIT G NINE DECADES OF EXCELLENCE 2601 Scott Avenue, Suite 300 Fort Worth, TX 76103 817-335-3394 FAX 817-877-5507 Cozby Library & Community Commons BASE ESTIMATE $ 6,023,882 VE ACCEPTED $ (225,302) Pricing includes insurances, contingency & mark-ups NET WITH VE $ 5,798,580 9/315 VE • DESCRIPTIONITEM Furnish and install a galvanized ribbon bicycle rack 19 (supporting up to 9 -bikes) in lieu of the specified ($2,259) ($2,259) stainless steel bicycle rack. Totals (23,639) (225,302)