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Home My WebLink AboutCCpkt2023-12-12 Work Session & Regular Meeting (Amended Agenda)AGENDA City Council Work Session Tuesday, December 12, 2023 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet in a Closed Session at 5:30 PM, on December 12, 2023, at the Anna Municipal Complex - Council Chambers, 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1.Call to Order, Roll Call, and Establishment of Quorum. 2.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). State law compliance and related issues. Proposed health and safety, development and jurisdictional ordinances, procedures, and related matters. b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3.Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 4.Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov ) and at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 12/08/2023. Carrie L. Land, City Secretary AMENDED AGENDA City Council Meeting Tuesday, December 12, 2023 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on December 12, 2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1.Call to Order, Roll Call, and Establishment of Quorum. 2.Invocation and Pledge of Allegiance. 3.Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4.Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. a.Proclamation of victory by the Anna High School Coyotes football team advancing to the Class 4A Division 1 state championship and closing of Anna City Hall on Friday, December 15, 2023. b.Diversity and Inclusion Advisory Commission November 27, 2023 Meeting Action for Advisement. (Assistant City Manager Taylor Lough) 5.Work Session. a.Zoning Discussion (Pecan Grove Addition) - West side of CR 423, 1,410± feet north of N. Powell Parkway (Planner II Salena Tittle) 6.Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a.Approve City Council Meeting Minutes for November 14, 2023. (City Secretary Carrie Land) b.Review Minutes for the May 15, 2023, June 20, 2023, July 17, 2023 and August 21, 2023 Parks Advisory Board Meeting. (Neighborhood Services Director Marc Marchand) c.Review Minutes for the October 23, 2023 Diversity and Inclusion Advisory Commission Meeting. (Assistant to the City Manager Kimberly Winarski) d.Review Minutes of the November 6, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) e.Approve a Resolution amending the City of Anna Personnel Policy Manual. (Director of Human Resources Stephanie Beitelschies) f.Approve a Resolution rejecting all bids for the Slayter Creek Park restroom and concrete construction project. (Park Planning & Development Manager Dalan Walker) g.Approve a Resolution awarding the construction of landscaping and irrigation improvements in Slayter Creek Park to Tegrity Contractors, Inc. (Park Planning & Development Manager Dalan Walker) h.Approve a Resolution emergency purchase of equipment and labor for the repair of Well #3. (Director of Public Works Steven Smith) i.Approve a Resolution authorizing the City Manager to execute a purchase order for the purchase of the G2 Fire Station Alerting System for the Fire Station #2 (Fire Chief Ray Isom) j.Approve a Resolution authorizing the City Manager to execute an agreement for professional services between the City of Anna, Texas, and Project Advocates for construction project control services for the construction of the Municipal Complex Plaza. (Assistant City Manager Greg Peters, P.E.) k.Approve a Resolution authorizing the City Manager to execute an amendment to the Impact Fee Reimbursement agreement by and between the City of Anna, Texas and Starlight Homes, Ltd. (Assistant City Manager Greg Peters, P.E.) 7.Items For Individual Consideration. a.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend an existing Planned Development (Ord. No. 933-2021; Ord. No. 323-2007) following recommendations from the Parks Advisory Board for the single-family detached and single-family attached development. Located on the east side of Leonard Avenue, on the north and south side of E. Foster Crossing Road. (Planning Manager Lauren Mecke) b.Consider/Discuss/Action on a Resolution approving the Anna Ranch, Phases 2 & 3, Residential, Commercial, & Industrial, Concept Plan. (Planning Manager Lauren Mecke) c.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to re- authorize City building permit fees in accordance with HB 1922. (Assistant City Manager Greg Peters, P.E.) d.Consider/Discuss/Action on the naming of a future park in the Woods at Lindsey Place development. (Assistant City Manager Greg Peters, P.E.) e.Consider/Discuss/Action on a Resolution to award the construction of the Anna Community Library & Plaza project to McCownGordon Construction, LLC. (Assistant City Manager Greg Peters, P.E.) f.Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an Impact Fee Reimbursement Agreement with Bluestone Partners, LLC for the construction of public roadway and water improvements. (City Engineer Wes Lawson) g.Consider/Discuss/Action on Vote for the Texas Coalition for Affordable Power Board of Directors. (City Manager Ryan Henderson) h.Discuss location of the 2024 Primary, Primary Runoff and Presidential Elections. (City Manager Ryan Henderson) 8.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). State law compliance and related issues. Proposed health and safety, development and jurisdictional ordinances, procedures, and related matters. b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions. The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9.Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10.Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on December 9, 2023, Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: AGENDA ITEM: Proclamation of victory by the Anna High School Coyotes football team advancing to the Class 4A Division 1 state championship and closing of Anna City Hall on Friday, December 15, 2023. SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Taylor Lough AGENDA ITEM: Diversity and Inclusion Advisory Commission November 27, 2023 Meeting Action for Advisement. (Assistant City Manager Taylor Lough) SUMMARY: At the November 27 meeting members of the City Council and Diversity and Inclusion Advisory Commission met to discuss the Commission's current projects. The Commission again, advises the Council to begin a Youth Employment Program for three interns with the City of Anna. The Commission also advises the Council to allocate funds for the City of become an associate partner with Project Unity to host Together We Dine programs, to host four facilitated conversations over meals. FINANCIAL IMPACT: Funding for these program was not appropriated in the FY2023 budget. Four Together We Dine facilitated meals are estimated to be approximately $5,000. Three interns are estimated to require a budget amendment for additional staff and up to $10,000. BACKGROUND: The City Council adopted Resolution 2020-07-757 on July 14, 2020 creating the Anna Diversity and Inclusion Advisory Commission. The City Council determined that there exists a need in the City of Anna for facilitation of community dialog, representation of diverse neighbor voices, review of polices and services as they pertain to supporting all members of the community, and creation events and programming within the city that purposefully engages with all neighbors. The resolution states the commission will assist the city in its efforts to engage with and support its community. The Commission is purely advisory in nature with no decision-making or policy-making authority, and any action or omission by the Commission is not binding on the city. The commission was charged with the duties and responsibilities of making recommendations to the City Council and city staff as requested from time to time in matters relating to the city’s diversity and equity strategies that strengthen connections among diverse community groups with city government. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. DI Minutes 11-27-2023 MINUTES DIVERSITY AND INCLUSION ADVISORY COMMISSION MEETING CITY COUNCIL MEETING 120 W. 7th St., Anna, TX 75409 Monday, November 27, 2023 @ 6:00 PM 1. Call to Order, Roll Call, and Establishment of Quorum. Theresa King-Bell called the Diversity and Inclusion Advisory Commission meeting to order at 6:00 p.m. Mayor Nate Pike called the City Council meeting to order at 6:00 p.m. Commission Members Present: Theresa King-Bell, Valencia Edwards, Elijah Nelms, Yoshanda Sims, Glenn Brown, Dallen Morgan and Rahul Luthra. Quorum is present. Council Members Present: Mayor Nate Pike, Mayor Pro Tem Lee Miller, Council Liaison Kevin Toten, Pete Cain, and Elden Baker. Council Members Absent: Deputy Mayor Pro Tem Randy Atchley and Stan Carver. Quorum is present. Others in Attendance: Assistant to the City Manager Kimberly Winarski, Assistant City Manager Taylor Lough, and City Manager Ryan Henderson 2. Invocation and Pledge of Allegiance. Mayor Pike provided an invocation and lead the Pledge of Allegiance. 3. Neighbor's Input. No neighbor’s input. 4. Work Session. a. Discussion and Direction on Council and Board Expectations for Diversity and Inclusion Advisory Commission Meeting. Mayor Pike stated the board was created with intention and understanding that there is a need in the community. Funding and action will require Council approval and the Commission is encouraged to plan in advance, based on budget schedules. Kevin Toten shared that attendance is very important. He shared he will be the liaison. Valencia Edwards shared the Board should come up with rules for missed meetings. Glenn Brown provided a proposal to create a multidisciplinary team to create operational and procedural guidelines for the Commission with adoption planned for March. Theresa King-Bell made a motion to include this proposal on the January Commission meeting. Yoshanda Sims seconded the motion. All were in favor. Motion passed unanimously. Elden Baker asked the Board to review the planned and current events and advise how they can be more inclusive. Theresa replied that the Board has asked for an event calendar to include that for future discussion. b. Discussion and Direction on Project Unity Together We Dine Partnership and Program. Dallen Morgan shared information about the Project Unity organization and the Together We Dine program. Taylor Lough shared the partnership opportunity levels. Pete Cain shared there is no budget set for the Diversity and Inclusion Advisory Commission. Glenn Brown suggested budget requests be part of the process. Lee Miller agrees there needs to be a funding mechanism. Mayor Pike agreed with a procedural mechanism for action for the Commission to advise the Council. He stated that the Commission will act. Staff will inform the City Manager who will consult with the Council for the agenda or other action that may be needed. The City Council hires only the City Manager, City Secretary, City Attorney and Municipal Court Judge. Valencia Edwards stated the first dine could include all Anna City Boards and Commissions as well as the Anna ISD School Board, and other invited attendees. c. Discussion and Direction on Anna Youth Employment Program. Valencia Edwards shared the purpose statement and action the Commission took in October. Kimberly Winarski explained three interns for eight weeks are planned to work for the City of Anna at federal minimum wage over the summer. Staff has applied for a grant. Theresa King-Bell made a motion to amend the purpose statement for the item. Glenn Brown seconded the motion. All were in favor. Motion passed. 5. Report. a. Multicultural Event. A memo from Director of Neighborhood Services Marc Marchand was provided outlining proposed details for the event. Mayor Pike explained that Juneteenth was created by a neighbor when the city was not able to host the event. In 2024 the city will plan and host the event. Mayor Pike stated the Commission will advise the event. Staff will plan the Multicultural event with input from the Commission. b. Youth in Government Day. Kimberly Winarski shared the event is January 26th and the information will be shared in the city newsletter. c. National Day of Prayer Kimberly Winarski shared that this item has been brought before the Commission. Elden Baker shared there was a casual event at the previous city hall previously. 6. Items for Individual Consideration a. Consider/Discuss/Act on Approval of the Minutes from the October 23, 2023 Diversity and Inclusion Advisory Commission Meeting. Theresa King-Bell made a motion to approve the minutes….. Dallan Morgan seconded the motion. All were in favor motion passed. 7.Adjourn. Kimberly Winarski provided a recap of the meeting’s discussion. Theresa King-Bell thanked the City Council for their attendance. Theresa King-Bell adjourned the Diversity and Inclusion Advisory Commission meeting at 8:07 p.m. Mayor Nate Pike adjourned the City Council meeting at 8:07 p.m. __________________________ Theresa King-Bell, Chairperson __________________________ Kimberly Winarski, Staff liaison Item No. 5.a. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Salena Tittle AGENDA ITEM: Zoning Discussion (Pecan Grove Addition) - West side of CR 423, 1,410± feet north of N. Powell Parkway (Planner II Salena Tittle) SUMMARY: Lane Use discussion and direction for two tracts of land located immediate to the west and northwest of Pecan Grove Phase 4. o 30.1± acres zoned Single-Family Residential – Large Lot (SF-E) o 19.3± acres located within the Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The developer is seeking direction from the Council on the proposed single-family residential zoning for the property. Conformance with the Anna2050 Comprehensive Plan Future Land Use Plan The Future Land Use Plan designates the 30.1± acres property as Professional Campus (PC) and the 19.3± acres as Ranching and Agriculture (RA). o The PC designated area is intended to provide office jobs and is the location for major employers as well as smaller office or professional service companies. They typically locate near major transportation corridors and may include office parks or technology centers. o The RA designated areas typically require significant infrastructure improvements. However, these areas could develop as Cluster Residential. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Proposed Pecan Grove Addition Locator Map 2. Letter of Intent - Pecan Grove Addition -12.6.23 3. Workshop Exhibit - Pecan Grove Addition -Concept plan (Color) 4. Pecan Grove Addition - Council Work Session Presentation 12.12.23 ZELKOVA BLVDASPENDRCOUNTY ROAD 1036 REDFOXRDCOUNTYROAD423NOBLE FIR DRPENN STVAILLNCHERRYBLOSSOMSTSTRAWBERRY HILL LNAZALEASRUNDRMAJESTICPALM STRILEYDRW FINLEY BLVD ROAD RUNNER RD PEACH TREE LN SILVERLEA F L NE FINLEY BLV D TATE LN BOIS D ARC LN CROSSE DRBRADFORD STMOMBIN ST CEDAR E L M D R PISTACHIO DR TAMARIND ST ELDERBERRY DR JUNIPER ST RABBIT RUN RD SPOWELLPKWYPRIVATEROAD5031COUNTY ROAD 422 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet November 2023 H:\Notification Maps\Notification Maps\ Concept Plan - Pecan Grove AdditionProposed Pecan Grove Addition RECEIVED 12/06/2023 PLANNING DEPT. CITY OF ANNA 707707706705704704704683683681680680678658657657656659659660 660 661 661662 6626626 6 3 663663664 6646646656656656 6 5 6 6 6 666 6666666 6 6 667 667 667667667668 668 668668668 6 6 9 669669 6 6 9 6706 7 0 670670670 671671671671 6716716726726726 7 2 672 6726 7 3 6736736 7 3 6736736746746 7 4674 674674 6756756 7 5 675675675 6 7 6 676676676 6766766766776776 7 7 677677677 6 7 7 6786786786786786786 7 8 679679679679679679679679679680 680680680680 680680680681681 681681681 681681681 6 8 1 682 6826826826826826826826826 8 3 683 683683683683683 683684684 684684 684684684 6 8 4 685685 685685685 6856 8 5685 686686686 686 686686686686 6876876876 8 7 6876876876886886886886 8 8 6886886 8 9 689689689689689 690690690 6906906 9 0 6916916 9 1691 6 9 1691 692692692 692692692693693693 693693693 694694694694 694694694695695695695 695695695 6966966966 9 6 696696696 697697 697697697697698698698 6986986986996996996996996 9 9 7007007007007 0 0 700701701701 701701701702702702702702703703703 7037037047047047047047057057057057057057067067067067077077077077087087087080 50 100 200 SCALE: 1" = 100' OF OUT OF THE IN THE COLLIN COUNTY, TEXAS CORWIN ENGINEERING, INC. PREPARED BY 200 W. BELMONT, SUITE E 972-396-1200 ALLEN, TEXAS 75013 214-522-4945 DALLAS, TEXAS 75225 8214 WESTCHESTER DR., STE. 900 OWNERS DEVELOPER SKORBURG COMPANY, INC. POINT OF BEGINNING CORWIN JOB#23051 NOVEMBER 2023 SCALE: 1"=100' CITY OF ANNA R.C. INGRAHAM SURVEY, ABSTRACT NO. 464 CONCEPT PLAN LOCATION MAP N.T.S.SH HWY 5CR 423RAILROADLOCATION PROJECT FOSTER CROSSING RD.LESLIE BURL CAROL ZELKOVAFINLEY CHERRY BLOSSOMCOUNTY ROAD #423FINLEY BOULEVARD FINLEY BOULEVARDNOBLE FIR DRIVEJUNIPER STREET (50' R.O.W.)(50' R.O.W.) ).W.O.R '08(ENAL FAE L R E V LIS) .W.O.R '0 5 ( VOL. 5738, PG. 1622 2.27 ACRES ROY WAYNE SCRIBNER DOC. NO. 20140603000553090 5.397 ACRES LESLIE VOSS DOC. NO. 2022000090910 3.051 ACRES DWARAKASAI, LLC.DOC. NO. 201601200000621502.991 ACRESJOHN VANMARTERDOC. NO. 202111180023662002.03 ACRESMANSI & SAURABH LAURIAVOL. 2020. PG. 349 PHASE IV PECAN GROVE 1 2 3 4 5 6789 1 2 3 4 5 6 7 8 9 10 11 12 20 32 15 19 18 17 16 15 313029282726252423 1617 1819 DOC. NO. 20190313000263910 53.5449 ACRES KENNEDY 2012 INVESTMENT TRUST PECAN GROVE ADDITION STREET A STREET B STREET CSTREET D STREET ESTREET FSTREET GSTREET HSTREET ISTREET JSTREET K (50' R.O.W.) (50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(60' R.O.W.) POINT OF BEGINNING and containing 50.060 acres of land. THENCE, South 88°51'27" West, along the north line of said Pecan Grove Phase IV, for a distance of 571.33 feet, to the at the northeast corner of said Pecan Grove Phase IV; THENCE, North 07°37'35" West, continuing along said east line, for a distance of 421.95 feet, to a 1/2 inch iron rod found a 1/2inch iron rod found; THENCE, North 05°07'39" East, along the east line of said Pecan Grove Phase IV, for a distance of 666.09 feet, to distance of 1224.29 feet, to a 1/2 inch iron rod found in the east line of said Pecan Grove Phase IV; THENCE, North 87°26'49" West, departing said County Road 423 and along the south line of said 30.173 acre tract, for a found at the southeast corner of said 30.173 acre tract; THENCE, South 00°41'57" West, continuing along said County Road 423, for a distance of 1160.54 feet, to a 1/2 inch iron southeast corner of said 17.26 acre tract and being the northeast corner of said 30.173 acre tract; THENCE, South 00°48'08" West, along said County Road 423, for a distance of 459.01 feet, to a PK Nail found at the iron rod found at the northeast corner of said 17.26 acre tract and being in County Road 423 (Variable R.O.W.); THENCE, North 88°56'28" East, along the north line of said 17.26 acre tract, for a distance of 1823.76 feet, to a 5/8 inch iron rod found at the northwest corner of said 17.26 acre tract; THENCE, North 01°30'17" West, along the west line of said 17.26 acre tract, for a distance of 461.08 feet, to a 1/2 inch Plat Records of Collin County, Texas; northwest corner of Pecan Grove Phase IV, an addition to the City of Anna, as described in Vol. 2020, Pg. 349, in the BEGINNING, at a 1/2 inch iron rod found at the southwest corner of said 17.26 acre tract and being the most northerly as follows: acre tract, as described in Vol. 754, Pg. 0172, in the Deed Records of Collin County, Texas, being more particularly described in Doc. No. 20180611000714390 and being all of a 2.0 acre tract, as described in Clerks File No. 1994-013105 and a 30.173 BEING, a tract of land situated in the R.C. Ingraham Survey, Abstract No. 464, being all of a 17.26 acre tract, as described LEGAL DESCRIPTION 0.72 AC. COMMON AREA 1X COMMON AREA 3X - 0.45 AC.COMMON AREA 4X - 0.64 AC.COMMON AREA 5X - 1.03 AC. COMMON AREA 2X - 0.54 AC. COMMON AREA 6X - 0.08 AC. 0.45 AC. /DRAINAGE EASEMENT COMMON AREA 7X 2.36 AC. /DRAINAGE EASEMENT COMMON AREA 8X 0.05 AC. COMMON AREA 9X N88°56'28"E 115.54' N88°56'28"E 117.49'S00°41'57"W 120.06'N01°03'32"W 110.43'PARCEL OUT VARIABLE R.O.W. DEDICATION TOTAL ACRES 49.231 TOTAL LOTS 323 JAMES & JEANNE HAGER ANNA, TEXAS 75409 9241 COUNTY ROAD 423 BENJI GIBBS ANNA, TEXAS 75409 923 E FM 455 ANNA, TEXAS 75409 923 E FM 455 RYAN & PATRICIA COTTRELLS00°41'57"W 1158.54'N87°26'49"W 1224.29'N05°07'39"E 666.09'S88°51'27"W 571.33'N07°37'35"W 421.95'N01°30'17"W 461.08'N88°56'28"E 1823.76'S00°48'08"W 459.01'1234567891011121314151617 18192021222324252627 28 29 30 31 32 12345678910111213141516171819 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171819 20 21 22 232425262728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 123456 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 A A B B C C D D E E E F F 31.14' S88°52'22"W 38 39 40 41 42 43 4445 46 47 48 49 50 51 52 53 Proposed Concept Plan is for the purpose of illustration only. The current Concept Plan is still in review process and has not been approved by city staff nor does it meet the city's Subdivision Regulations or Zoning Ordinances. Council Work Session Anna, TexasDecember 12, 2023Pecan Grove Addition •Skorburg Company Background•Subject Property Location •Proposed Zoning •Development Standards Skorburg Company Background •DFW based, privately owned development firm with 40 years of experience•Over 140 development projects in more than 30 different cities around DFWmetroplex•Over 25 current projects in active development or build out•Reputation for building high‐quality, long‐lasting communities•Projects range from small, infill locations to 800‐acre multi‐phase masterplanned communities. Skorburg Company Projects in AnnaDecember 6, 20234Pecan Grove Anna Town Square Anna Ranch AdditionSubject Property Anna Town SquareAnna Town Square Overview•Size:+/‐600 Acres, Over 2,000 SF Lots•Location: Anna, TX•Builders: Windsor HomesDR Horton HomesMegatel Homes Pulte Pacesetter Homes•Typical Lot Size:6,000 sf – 15,000 sf•+/‐120 Acres of Mixed Use Anna RanchAnna Ranch Overview•515 Single–Family Lots•3.8 UPA•Typical Lot Sizeo4,600 SF –7,200 SF•Contiguous +/‐28‐acre park dedication provides City unique opportunity for a new centralized Neighborhood Park(Over 25% of Single‐Family Acreage)•Typical House Sizeo1,500 SF –3,000+ SF•Extensive Infrastructure Improvements Required•880 Multi–Family Units•Private Pool and Amenity Center•+/‐170 Gross Acres Pecan Grove –North of Foster Crossing, West of Hwy 5 Subject Property Location Subject Property Location Finley BlvdE. Foster Crossing RoadW. Foster Crossing RoadFinley BlvdSubject Property Collin County Outer loop Current Zoning Current Zoning Current Zoning Includes:•+‐30.1 acres zoned SF‐E.•+‐19.26 acres located inAnna’s ETJ.•Future Land Use designation is Professional Campus. Proposed Zoning Single ‐Family Concept Plan OverviewSingle –Family Zoning Overview •323 Single–Family LotsSH205•Typical Lot Sizeo2,500 SF –6,000 SF224 (25’ x 100’) Typical99 (50’ x 120’) TypicalConnecting Finley Blvd from existing Pecan Grove to Hwy 5.Finley Blvd to be constructed before Phase 1•Finley Blvd extension provides access from existing Pecan Grove to Hwy 5.•6.5 UPA(SF‐6) zoning transition to existing single family residential(MD) zoning transition to Profession Campus Future Land Use. Proposed Zoning Summary Proposed(SF‐6 Lots)50’s(SF‐6 Lots)50’sProposed(MD Lots)townhomes(MD Lots)townhomes6,000 sq ft6,000 sq ft2,500 sq ft4,500 sq ftMinimum Lot Area50%50%60%60%Lot Coverage (Max) 50’50’25’25’Minimum Lot Width120’120’100’80’Minimum Lot Depth5’5’5’5’Side Setbacks (10’ adj to street)20’20’10’10’Minimum Front Setback20’20’10’10’Minimum Rear Setback Land‐use Compatibility with Surrounding Area•The proposed zoning serves as a complimentary land‐use to surrounding area.•The plan provides an effective transition from higher intensity land uses along future Finley Blvd to suburban residential adjacent to existing residential.Finley Blvd Thank you Item No. 6.a. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for November 14, 2023. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2023-11-14 Regular City Council Meeting Meeting Minutes Tuesday, November 14, 2023 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on November 14, 2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:00 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Elden Baker Council Member Pete Cain Members Absent: Council Member Stan Carver 2. Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. Ms. Scott introduced herself and her business, “Her-Homes Housing” with the desire of it coming to Anna. (EXHIBIT 1) Dr. Glen Brown spoke in favor and appreciation of City Boards. (EXHIBIT 2) 4. Reports. a. Fall 2023 Neighbor Academy Recognition. (Assistant to the City Manager Kimberly Winarski) Anna's Neighbor Academy is a program designed for neighbors to learn more about the City of Anna and ways to become more involved in local government. Each cohort includes neighbors who are either new to civic engagement or have been actively volunteering in their neighborhood or with the city. This ten-session academy takes neighbors “behind the scenes” of city operations, programs, and initiatives. Participants will also be empowered to take action by planning and completing a community service project at the end of the program. The vision is for Neighbor Academy to be a cornerstone of citizen engagement and a springboard for many of our future leaders. Assistant to the City Manager Kimberly Winarski recognized the completion of the fourth cohort of Neighbor Academy. This is the largest group of graduates so far. Classes began on August 31 and wrapped up November 2. Brent Armstrong Ashley Bergerson Kay Chapuredima Joel Davis Katherine Elwood LaVal Ezell Jeff Frazier Veronika Grogean Jimmy Hudson Gina Keown Rolanda Macharia Choya Morrison Mike Penner Michael Redko Julie Tang Elizabeth Tedeschi Rohini Thumma James Van Lengen Dana Walker b. Diversity and Inclusion Advisory Commission October Meeting Action for Advisement. (Assistant City Manager Taylor Lough) The City Council adopted Resolution 2020-07-757 on July 14, 2020 creating the Anna Diversity and Inclusion Advisory Commission. The City Council determined that there exists a need in the City of Anna for facilitation of community dialog, representation of diverse neighbor voices, review of polices and services as they pertain to supporting all members of the community, and creation of events and programming within the city that purposefully engages with all neighbors. The resolution states the commission will assist the city in its efforts to engage with and support its community. The Commission is purely advisory in nature with no decision-making or policy-making authority, and any action or omission by the Commission is not binding on the city. The commission was charged with the duties and responsibilities of making recommendations to the City Council and city staff as requested from time to time in matters relating to the city’s diversity and equity strategies that strengthen connections among diverse community groups with city government. At their October meeting, members of the Diversity and Inclusion Advisory Commission adopted a statement of purpose and advised the Council to begin a Youth Employment Program in Anna. The Commission also adopted a statement of purpose and advised the Council to allocate funds for the City to become an associate partner with Project Unity to host Together We Dine programs. The Diversity and Inclusion Advisory Commission invited the City Council to attend and participate in their Monday, November 27th meeting at 6:00 p.m. in the Council Chambers. The meeting will be posted jointly with the City Council and the Diversity and Inclusion Advisory Commission. 5. Consent Items. MOTION: Council Member Toten moved to approve items 5.a.-k. Council Member Baker seconded. Motion carried 6-0. a. Approve City Council Meeting Minutes for October 24, 2023. (City Secretary Carrie Land) b. Review Minutes of the October 2, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) c. Review Minutes of the October 5, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meeting. (Director of Economic Development Joey Grisham) d. Review Minutes from the August 28, 2023 and September 25, 2023 Diversity and Inclusion Advisory Commission Meetings (Assistant to the City Manager Kimberly Winarski). e. Approve the Quarterly Investment Report for the Period Ending September 30, 2023. (Interim Finance Director Aimee Rae Ferguson) f. Approve an Ordinance approving the Tax Year 2023 Tax Roll. (Budget Manager Terri Doby) The Collin County Tax Assessor Collector has submitted the Tax Roll Summary to the City of Anna for Tax Year 2023. Texas Property Tax Code, Section 26.09 requires the City to pass an ordinance approving the yearly Tax Roll. AN ORDINANCE APPROVING THE 2023 TAX ROLL FOR THE CITY OF ANNA, TEXAS g. Approve a Resolution Authorizing the Purchase of Excavation Equipment for the Stormwater Division of Public Works. (Director of Public Works Steven Smith) The City of Anna adopted a stormwater fee in October 2021. City staff identified equipment unique to our maintenance & operational needs that is essential to maintaining parts of the stormwater system. The City of Anna worked with the vendor to obtain a co-operative quote and all purchases will be made in accordance with the City of Anna's Purchasing Policy. Funding for this equipment was appropriated in the FY2024 Stormwater Fund budget in the amount of $103,900. This item approved the purchase of a tracked backhoe loader for channel excavation, debris removal, grading, and general construction of stormwater improvements and maintenance operations in the City of Anna. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR SOUTH STAR JCB TO PURCHASE EXCAVATION EQUIPMENT FOR THE STORMWATER DIVISION OF ANNA PUBLIC WORKS IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SEVENTEEN DOLLARS AND NINTYEIGHT ($103,817.98). h. Approve a Resolution Authorizing Purchase of Protective Enclosures for Water Treatment Equipment. (Director of Public Works Steven Smith) This item was planned and budgeted for in the FY23-24 Budget, and is based upon the City's Risk and Resilience Assessment for our public water supply. Funding for the Risk and Resilience Infrastructure Improvements project was appropriated in the FY2024 Community Investment Program budget in the amount of $200,000 from the Utility Infrastructure Investment Fund. The estimated cost of this equipment is $85,928.68. The City of Anna contracted with the engineering consulting firm Plummer to complete a Risk and Resilience Assessment for compliance with America’s Water Infrastructure Act. The assessment identified that the buildings protecting the water disinfection equipment posed a risk due to their substandard construction materials. This item approved the purchase of new enclosures which meet the level of protection identified as a need in the Risk and Resilience Assessment. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR JACOBS MANUFACTURING TO PURCHASE REINFORCED FIBERGLASS PLASTIC BUILDINGS TO BETTER PROTECT WATER DISENFECTION EQUIPMENT. THE PURCHASE ORDER NOT TO EXCEED EIGHTYFIVE THOUSAND NINE HUNDRED TWENTY-EIGHT DOLLORS AND SIXTY EIGHT CENTS ($85,928.68). i. Approve a Resolution approving the GCEC Agreement for Fire Station #2 Dark Fiber. (Interim IT Manager Chris Talbot) The City of Anna has entered into an agreement with GCEC Grayson Collin Electric Cooperative previously in 2019 and amended this agreement to add additional services in 2021. GCEC has provided exceptional services throughout the existing agreements. Funding for this new internet connectivity service to Fire Station #2 will cost an additional $14,400 per year plus a one-time setup charge of $1,000 and is available in the FY2024 Information Technology budget. Staff recommended approving the agreement with GCEC for Dark Fiber to provide internet connectivity for Fire Station #2. GCEC is the only provider for dark fiber. Dark fiber will save on equipment costs and improve the City's security posture. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING A CONTRACT TO GCEC GRAYSON COLLIN ELECTRIC COOPERATIVE AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT j. Approve a Resolution approving the MagneGrip System for Fire Station #2 (Fire Chief Ray Isom) The MagneGrip system is a highly specialized fire station configuration which is outside the scope for completion of Fire Station #2 and was therefore not included in the station project. The Magnegrip project is a stand-alone system that requires specific approval and fund allocation. Apparatus in fire stations discharge diesel exhaust into breathing areas. Exposure to toxic gases and particulates is linked to cancer and other debilitating diseases. When used properly by staff, MagneGrip Systems connect directly to the vehicle tailpipe to remove contaminants and protect first responders. The health and safety of our firefighters is vital. This exhaust system ventilates 100% of exhaust gasses safely to the outside of the station. It is a 100% “point of capture” (source capture) system that is the industry standard and recommended by the National Fire Protection Association (NFPA) 1500 Standard on Fire Department Occupational Safety and Health. Funding for the Fire Station #2 project was appropriated in the FY2022- 2024 Community Investment Program budget in the amount of $11.0 million from the Capital Projects Bond funds and Public Improvement District fund. This item is part of the furniture, fixtures and equipment needed for this project and will be paid for out of the Infrastructure Investment fund from excess General Fund reserves. The estimated cost of this item is $72,200. This item approved the Magnegrip diesel exhaust system for Fire Station #2 to remove noxious exhaust fumes. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE PURCHASE OF A MAGNEGRIP DIESEL EXHAUST EXTRACTION SYSTEM AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED SEVENTY-ONE THOUSAND ONE HUNDRED TWENTY-SIX DOLLARS AND SIXTY-TWO CENTS ($71,126.62); AND PROVIDING FOR AN EFFECTIVE DATE. k. Approve an Ordinance of the City of Anna Texas altering the prima facie speed limits established for vehicles under the provisions of Transportation Code Section 545.356 upon State Highway 121 within the corporate limits of the City of Anna, Texas, as set out in this Ordinance; and providing a penalty of a fine not to exceed $200.00 for the violation of this Ordinance. (Assistant City Manager Greg Peters, P.E.) TxDOT has submitted a speed study to the City of Anna for the segment of State Highway 121 in the city's corporate limits. In accordance with the State Transportation Code, Section 545.356 and the findings in the speed study, staff recommended establishing a speed limit of 70 miles per hour for this segment of state highway. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE, SECTION 545.356 UPON STATE HIGHWAY NO. 121 OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF ANNA, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE 6. Items For Individual Consideration. a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance adopting the 2021 Edition of the International Building Code (IBC), 2021 Edition of the International Residential Code (IRC), 2021 International Plumbing Code(IPC), 2021 International Mechanical Code (IMC), 2021 International Fuel Gas Code (IFGC), 2021 International Energy Conservation Code (IECC), 2021 International Existing Building Code (IEBC), 2021 International Swimming Pool and Spa Code (ISPSC), and 2020 National Electrical Code (NEC); and adopting the North Central Texas Council of Governments recommended amendments to each adopted code; and amended certain related provisions in The Anna City Code of Ordinances. (Assistant Director/Building Official Nader Jeri) Staff recommended approval of the adoption of the 2021 ICC family Building and 2020 National Electric Codes with amendments recommended by NCCOG for the following reasons: 1. It will lower Insurance Service Office (ISO) Rating by using Public Protection Classification (PPC) System (it is the countrywide classification system used by the ISO to reflect a community's local fire protection for property insurance rating purposes). 2. Will have a Building Code uniformity in North Texas Central Region among other communities with NCTCOG recommended amendments. Currently, the City of Anna is under 2018 International Building Code, 2018 International Residential Code, 2018 International Plumbing Code, 2018 International Mechanical Code, 2018 International Fuel Gas Code, 2018 International Energy Conservation Code, 2018 International Existing Building Code (IEBC), 2018 International Swimming Pool and Spa Code (ISPSC), 2015 International Fire Code, and 2017 National Electric Code with amendments recommended by NCCOG. In order to preserve and protect public health, safety and welfare and to have a Building Code uniformity in North Texas Central Region among other communities, it is essential to adopt the updated Edition of the Building Codes such as 2021 ICC Codes with amendments recommended by NCCOG as follows: 2021 International Building Code (IBC) 2021 International Residential Code (IRC) 2021 International Plumbing Code (IPC) 2021 International Mechanical Code (IMC) 2021 International Fuel Gas Code (IFGC) 2021 International Energy Conservation Code (IECC) 2021 International Existing Building Code (IEBC) 2021 International Swimming Pool and Spa Code (ISPSC) 2020 National Electrical Code (NEC) Mayor Pike opened the public hearing at 6:27 PM. Mayor Pike closed the public hearing at 6:27 PM. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Toten seconded. Motion carried 6-0. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING THE 2021 INTERNATIONAL BUILDING CODE, 2021 INTERNATIONAL RESIDENTIAL CODE, 2021 INTERNATIONAL ENERGY CONSERVATION CODE, 2021 INTERNATIONAL PLUMBING CODE, 2021 INTERNATIONAL MECHANICAL CODE, 2021 INTERNATIONAL FUEL GAS CODE, 2020 NATIONAL ELECTRICAL CODE, 2021 EXISTING BUILDING CODE, 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE; AMENDING SPECIFIC SECTIONS OF THE ANNA CITY CODE OF ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. b. Consider/Discuss/Action on a Resolution regarding the Cedar Ridge Estates, Phase 2, Preliminary Plat. (Planning Manager Lauren Mecke) Neither the Fire Department nor Engineering Division have submitted an objection to the minimum length of the cul-de-sac waiver request. Upon City Council approval of the requested waiver and the Board of Adjustment approval of the variance requests, the Preliminary Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinance. The Planning & Zoning Commission recommended approval subject to Council approval of the waiver request, Board of Adjustment granting a variance to allow for a reduced lot depth and reduced lot area on specific lots, and additions and/or alterations to the engineering plans as required by the Public Works Department. 96 Single-family dwelling, detached lots and three common area lots on 24.8± acres located on the south side of County Road 427, 130± feet east of Purdue Road. Zoned: Single-Family Residential (SF-7.2) District. The purpose of the Preliminary Plat is to propose lot and block boundaries and easements necessary for the future construction of the single-family residential development. ISSUES: The applicant is requesting a waiver from an adopted city standard located within the Subdivision Regulations Sec. 9.02.081 (Streets) and variances for the minimum lot depth and minimum lot area within the Zoning Ordinance Sec. 9.04.015 (Single-Family Residential (SF-7.2) District). Subdivision Regulation Waiver Sec. 9.02.081 - (p) Maximum and Minimum Length of Cul-De-Sac Streets. A cul-de-sac street shall not be longer than 600 feet and be a minimum of 400 feet, and at the closed end a cul-de-sac shall have a turnaround bulb with an outside pavement diameter of at least 80 feet and a right-of-way diameter of at least 100 feet. The length of a cul-de-sac shall be measured from the centerline of the intersecting street to the center point of the cul- de-sac bulb. Zoning Ordinance Variance Sec. 9.04.015 - 1. Minimum lot depth: 120 feet - Requesting to reduce 17 lots to a minimum of 110 feet. 2. Minimum lot area: 7,200 square feet - Requesting to reduce 13 lots to a minimum of 6,600 square feet. As outlined in Section 9.04.042 (Board of adjustment) of the Zoning Ordinance, the Board of Adjustment has the authority to permit variances “from the terms of the Zoning Ordinance that will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of this article shall be observed and substantial justice done.” The Commission and Council lacks jurisdiction to approve or deny a variance from the Zoning Ordinance. The approval of the Preliminary Plat simply allows the applicant to move forward and submit the variance request, which will then follow the normal process with the Board of Adjustment. If the Board of Adjustment does not approve the requested variance, the applicant will be restricted to the SF-7.2 SingleFamily Residential District regulations as written in the Zoning Ordinance. Attached (Exhibit B) is the applicants justification letter dated October 19, 2023 associated with the waiver request. FINDINGS: Where the city council finds that undue hardships will result from strict compliance with a certain provision(s) of the subdivision regulations and design regulations, or where the purposes of the regulations may be served to a greater extent by an alternative proposal, the city council may approve a waiver/suspension from any portion of the regulations so that substantial justice may be done and the public interest is secured, provided that the waiver/suspension shall not have the effect of nullifying the intent and purpose of the regulations, and further provided that the city council shall not approve a waiver/suspension unless it makes findings based upon the evidence presented to it in each specific case that: (A) Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly subdivision of other property in the vicinity; • The proposed cul-de-sac is 356± feet in length, 44± feet shorter than the minimum length required by the regulation. • The proposed cul-de-sac will not compromise public safety or impede emergency access. (B) The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property; • The property was subdivided prior to the current property owner. • The City approved the developer’s request to rezone the property on October 26, 2021 and was not required to have a concept plan at the time. • The regulation for minimum cul-de-sac length was adopted on September 26, 2023. (C) Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; • The triangular shape of the overall tract is unique. • The proposed development must connect to the streets from the surrounding developments. (D) The waiver/suspension will not in any manner vary the provisions of the zoning ordinance, comprehensive plan (as amended), or any other adopted plan(s) or ordinance(s) of the city; and • The waiver request is specific to one standard contained within the Subdivision Ordinance. (E) An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. • The proposed cul-de-sac will achieve the same result if it were a through street. The cul-de-sac will not compromise public safety or impede emergency access. • Changing the cul-de-sac to a through-street would create more infrastructure for the city to maintain with less lots generating the tax revenue to maintain the infrastructure. MOTION: Council Member Baker moved to approve. Mayor Pro Tem Miller seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CEDAR RIDGE ESTATES, PHASE 2, PRELIMINARY PLAT. c. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute purchase orders with Garney Companies, Incorporated, related to the procurement of wastewater treatment equipment for the Hurricane Creek Wastewater Treatment Plant. (Assistant City Manager Greg Peters, P.E.) The City Council of the City of Anna awarded a contract to Garney Companies, Incorporated for the Construction Manager At Risk role on the Hurricane Creek Regional Wastewater Treatment Plant facility on July 25, 2023. Garney is responsible for procuring all necessary equipment, materials, and contracts for the construction of the facility. This item is to authorize the City Manager to direct the Construction Manager At Risk for the Hurricane Creek Regional Wastewater Treatment Plant, Garney Companies, Incorporated, to purchase the temporary treatment package from Kubota Membrane USA in an amount not to exceed $9.3 Million. The FY23-24 Capital Improvement Plan budget includes a total of $71.5 million in project funding for design, construction, and land acquisition. The funding source includes $65 million in Utility Bond funds and $6.5 million in Utility Infrastructure Funds. This agenda item is fully funded in the FY23-24 CIP as a part of the approved funding for the Hurricane Creek Regional Wastewater Treatment Plant. Instead of approving the entire project cost in a single item, staff will return to the City Council at project milestones to approve funding for the specific equipment and/or construction needed at that time. MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS IN THE AMOUNT NOT TO EXCEED NINE MILION THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($9,300,000.00) TO GARNEY COMPANIES, INCORPORATED, FOR THE PROCUREMENT OF WASTEWATER TREATMENT EQUIPMENT; AND PROVIDING FOR AN EFFECTIVE DATE. d. Consider/Discuss/Action on a Resolution voting for a candidate or candidates for the Board of Directors for election of Collin Central Appraisal District. (City Manager Ryan Henderson) The Board of Directors governs the Collin Central Appraisal District. The taxing entities that vote on the appraisal district's budget (county, city, school and special districts). In accordance with the Texas Property Tax Code, the Appraisal District's five directors are to be elected by the taxing units that participate in the Appraisal District. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the chief appraiser will not count votes for someone not listed on the official ballot. MOTION: Mayor Pike moved cast all votes for Brian Mantzey on the Official Ballot of the Collin Central Appraisal District Board of Directors One-Year Term. Council Member Atchley seconded. Motion carried 5-1. Mayor Pro Tem Miller opposed. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, VOTING FOR A CANDIDATE OR CANDIDATES FOR THE BOARD OF DIRECTORS FOR ELECTION OF COLLIN CENTRAL APPRAISAL DISTRICT. e. Consider/Discuss/Action on nominations to appoint a new member to the Diversity and Inclusion Advisory Commission. (Interview Committee) Any member of a board, commission or committee who is absent from three consecutive regular meetings, or 25% of regularly scheduled meetings during the 12- month period immediately preceding and including the absence in question, without explanation acceptable to a majority of the other members, must forfeit his or her position on the board, commission, or committee. Council discussed the Interview Committee's nominations and made an appointment to the Diversity and Inclusion Commission. MOTION: Council Member Toten moved to appoint Dr. Glenn Brown as a new member to the Diversity and Inclusion Advisory Commission. Mayor Pro Tem Miller seconded. Motion carried 6-0. 7. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). State law compliance and related issues. Proposed health and safety, development and jurisdictional ordinances, procedures, and related matters. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Mayor Pike moved to enter closed session. Mayor Pro Tem Miller seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:42 PM. Mayor Pike reconvened the meeting at 7:24 PM. 8. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. MOTION: Mayor Pike moved that the City of Anna join as plaintiff with Grand Prairie and other Texas cities against the State of Texas in Cause Number D-1-GN-23-007785 in the 261st District Court in Travis County, Texas. I make this motion coming out of Closed Session. Council Member Atchley seconded. Motion carried 6-0. 9. Adjourn. Mayor Pike adjourned the meeting at 7:25 PM. Approved on the 12th day of December 2023 ________________________________ ATTEST: Mayor Nate Pike ________________________________ City Secretary Carrie L. Land Exhibit 1 AS WE'VE SEEN REPEATEDLY THIS YEAR ANNA SHINES BRIGH TES T WHEN MAN Y GROUPS OF ANNA COME TOGE THER AND WORK COLLABORATIVELY FOR ANNA 1)I'd like to Commend Council for utilizing Commissions & Boards as a means to hear from the Anna residents and the community regarding civic matters. 2)I'd like to Highlight the engagement and collaborative nature of members on the D&I Commission in particular in reaching to neighbors of diverse back grounds who may be less engaged and speaking towards matters of inclusion for all Anna Neighbors. 3)I Celebrate the success of Neighbor Academy in providing opportunity for all neighbors to learn about city functioning and take a first step into civic engagement and leadership. '"p� G, \e"" f:xawn Exhibit 2 Item No. 6.b. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Marc Marchand AGENDA ITEM: Review Minutes for the May 15, 2023, June 20, 2023, July 17, 2023 and August 21, 2023 Parks Advisory Board Meeting. (Neighborhood Services Director Marc Marchand) SUMMARY: Review Minutes for the May 15, 2023, June 20, 2023, July 17, 2023 and August 21, 2023 Parks Advisory Board Meeting. FINANCIAL IMPACT: Not Applicable BACKGROUND: Review Minutes for the May 15, 2023, June 20, 2023, July 17, 2023 and August 21, 2023 Parks Advisory Board Meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 5-15-2023, 6-20-2023, 7-17-2023 and 8-21-2023 Park Advisory Board Meeting Minutes (signed) Item No. 6.c. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Kimberly Winarski AGENDA ITEM: Review Minutes for the October 23, 2023 Diversity and Inclusion Advisory Commission Meeting. (Assistant to the City Manager Kimberly Winarski) SUMMARY: Review Minutes for the October 23, 2023 Diversity and Inclusion Advisory Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. October 23, 2023 Minutes Item No. 6.d. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Review Minutes of the November 6, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) SUMMARY: Minutes from the November 6, 2023 Planning & Zoning Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 11-06-2023 PZ Minutes (Signed) Item No. 6.e. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Stephanie Beitelschies AGENDA ITEM: Approve a Resolution amending the City of Anna Personnel Policy Manual. (Director of Human Resources Stephanie Beitelschies) SUMMARY: Staff seeks to revise to the City of Anna Personnel Manual to provide clarification and general clean up. FINANCIAL IMPACT: No direct financial impact; the policy change is for minor revisions to align with current operational practices and provide clarification as well as general cleanup. BACKGROUND: Sections of the proposed policy are being changed to provide clarification as well as general cleanup. Overall, these changes will provide support to staff’s day-today city operations, provide amendments consistent with market conditions, and update policies consistent with current operational practices. The proposed revisions are listed below: 1. Acknowledgment form – minor revision to account for the policy being electronic. 2. Exempt or non-exempt status – minor revision to update section reference in 101.9. 3. Probation period – clarification that probationary employees are not entitled to a review period. 4. Dress code – update to clarify the Municipal Complex (note: this is a policy staff is recommending to be a future Administrative Directive signed by the City Manager). 5. Administrative leave – added that administrative leave may be granted by the City Manager (to align with current practice). 6. Dismissals – clarification that dismissals do not refer to probationary employees. 7. Sick leave – sick leave may not be used during the first 30 days of employment (replacing 90). 8. Vacation leave – may be taken after the first 30 days rather than after 6 months with the ability to be reduced with City Manager's approval. 9. Overtime and compensatory time for Police Department - to align compliance with Texas Local Government Code section 142.0015(f) and remove compensatory language so that the compensatory time will not lapse after one year. 10. Use of paid leave – clarifies the City may send notification to the employee that FMLA is being used (generalizing rather than requiring department head to copy HR, because in practice HR is currently tracking and sending notices) 11. Medical Certification – clarification from HR Administrator to HR Department. 12. Performance Improvement Plan – adds employees must respond to a PIP within 24 hours of receipt. 13. Employee performance evaluation - adds employees must respond to a PIP within 24 hours of receipt. 14. Changes to the 108 referring to electronics removes pagers, replaces Finance with IT and states IT can change passwords (replacing the fact that staff will keep passwords on file because that would be violating the proposed password policy). STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS, APPROVING AMENDMENTS TO THE CITY OF ANNA PERSONNEL POLICY MANUAL 12.12.2023 2. Appendix A-1- Acknowledgement Form 3. PAGE 29 - Exempt or Non-Exempt Status 4. PAGE 31 - Probation period 5. PAGE 57- Employee Performance Evaluation 6. PAGE 70- Vacation Leave 7. PAGE 71 - Sick Leave 8. PAGE 82 - Administrative Leave 9. PAGE 84 - Medical Certification 10. PAGE 85 - Use of Paid Leave 11. PAGE 99 - Oral Warnings 24 hours 12. PAGE 100 - PIP 2 work days 13. PAGE 101 - Dismissals 14. SECTION 108.4 - Electronic comm policy 15. PAGE 41 - 104.7 Dress Code 16. PAGE 53-55 Overtime and Compensatory Time Police Department CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS, APPROVING AMENDMENTS TO THE CITY OF ANNA PERSONNEL POLICY MANUAL WHEREAS, on March 11, 2014, the City Council of the City of Anna, Texas ("City Council") approved a Personnel Policy Manual that includes personnel guidelines for use in certain operations of the City's departments/personnel and in matters related to human resources; and, WHEREAS, said Personnel Policy Manual was amended on September 22, 2015, January 26, 2016, July 11, 2017, October 26, 2021, December 14, 2021, September 13, 2022, October 11, 2022, September 26, 2023 and on December 12, 2023. WHEREAS, the City Manager has recommended approval of certain amendments to the Personnel Policy Manual, and WHEREAS, the City Council finds that its approval of the amendments to the Personnel Policy Manual is not intended to and does not: (1) create any type of contract of employment between the City and any employee; or (2) have the force or effect of law or ordinance NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full Section 2. The City Council of the City of Anna, Texas hereby approves the amendments to the City of Anna Personnel Policy Manual for use by the City Manager and City departments in relation to certain organizational operations and matters related to personnel and human resources. DULY PASSED AND APPROVED THIS 12th DAY OF DECEMBER 2023. ATTEST: APPROVED ______________________ _________________________ City Secretary, Carrie Land Mayor, Nate Pike Personnel Policy Manual Appendix A-1 Acknowledgement Form Property of the City of Anna TO BE SIGNED & RETURNED TO THE HUMAN RESOURCE DEPARTMENT PRIOR TO START OF CITY EMPLOYMENT (Employees are not eligible for compensation, leave, or benefits until this document has been signed and included in that employee’s personnel file.) I, , acknowledge receipt of a full copy of the City of Anna Personnel Policy Manual (this “Manual”) and that I have read and understood its contents. Like all other employees of the City covered under this Manual, I am responsible for knowing its contents and keeping it updated. I also understand that this Manual is City property that must be returned to the Human Resources Administrator when I leave this organization. I understand and acknowledge that the City of Anna may change or modify the policies and procedures in this handbook at any time, with or without prior notice. I understand that violating the policies and rules set out in this handbook may lead to disciplinary action up to and including termination. I further understand that this Manual does not create a contract for employment with the City of Anna or in any way modify, limit, or alter the “at-will” nature of the undersigned’s employment with the City of Anna. Issued to: Signed: Date received: A copy of this signed page shall be placed in the employee’s personnel file. (1) The standards of elimination of employment for Police Department and Fire Department positions may differ and may be established by departmental policy. (g) Other Policies (1) Applicants are subject to elimination under other City policies if the applicant's criminal history limits his or her ability to perform the essential functions of the position (e.g., conditions of community supervision which restrict the applicant’s workplace activities). 101.7 Authority for Employment Hire Hirings shall be made based on the applicant’s qualifications, experience, talents and suitability for the job as ascertained through fair and practical selection methods. It shall be the policy of the City to appoint the most qualified applicant best suited for the position. The hiring authority for all City positions shall rest with the City Manager except as otherwise provided by the City Charter. The City Manager may delegate such authority to the department head for those positions under his/her supervision, and when hiring authority is delegated the department head shall keep the City Manager and Director of Human Resources informed of all proposed hirings in writing before an offer is made to an applicant. Offers of employment will be made through the Human Resources Department. 101.8 Employment Status All employees are classified into one of the following categories: •Regular or Full-Time Employee – Employment in an authorized position in which the employee works at least 40 hours in a regular work schedule. •Part-Time Employee – Employment in a position normally budgeted less than 40 hours per work week. •Temporary Employee – Employment in a position established for a specified period of time by the person(s) authorized to make such delegation(s), or for the duration of a specified project or group of assignments. 101.9 Exempt or Non-Exempt Status To determine eligibility for overtime pay, employment positions are classified as “Exempt” or “Non-Exempt” in accordance with federal and state labor laws and these Personnel Policies and Procedures. Eligibility for overtime pay is identified below: (1) Exempt – Exempt employees are not eligible for overtime pay, but under limited circumstances may be granted personal time off during normal work hours for extra hours worked according to Section 105.04 of this Manual. (2) Non-Exempt – This classification includes all positions that are not exempt. These positions are generally eligible for overtime pay. Page | 29 103.1 Probation Period Every newly employed person is a probationary employee until the employee successfully completes a probation period of twelve months, unless otherwise specified by department policy or law. Any newly promoted employee will begin a new probationary period for a period of six months. The department heads shall use the probation period to closely observe and evaluate the work and fitness of employees and to encourage adjustment to their jobs. Only those employees who have satisfactory job performance and meet the minimum job qualifications during their probation periods shall be retained. Satisfactory job performance includes, but is not limited to: regular attendance; punctuality; proper conduct toward the supervisor, fellow employees, City administration, City Council and the general public; and satisfactory performance of the duties of the position. An employee's probation period may be extended up to three more months if, in the opinion of the department head or the City Manager, such additional time is necessary or warranted in order to adequately evaluate the employee or to secure any license or certification required for the position. In the case of appointing or promoting department heads, the probation period shall be evaluated by the City Manager. Newly hired and newly promoted employees generally are not eligible for promotion, lateral transfer or voluntary demotion during the probationary period. Exceptions may be granted by the City Manager when such promotion, lateral transfer or voluntary demotion is in the best interest of the City. A newly promoted employee must complete their initial probationary period followed by the promotional probation period of six months. Newly hired employees generally are not eligible for paid sick time during the first thirty (30) days of the probation period. Exceptions may be granted by the City Manager when such compensation is in the best interest of the City. During the first thirty (30) days of employment, newly hired employees are not eligible to receive vacation pay, although vacation time begins accumulating upon the first day of employment. Exceptions may be granted by the City Manager when such compensation is in the best interest of the City. The probation period does not modify the “at-will” nature of City employment. During or at the end of the probation period, the department head may discharge or discipline any employee at will and such disciplinary action or discharge shall not be subject to any grievance or other review. Probationary employee are not entitled to a review period. 103.2 Completion of Probation Department heads shall submit a performance evaluation on each employee to the City Manager approximately two weeks prior to the completion of the probation period. Page | 31 City of Anna Personnel Policy Manual Section 103. Probation (3) The course, lecture, or meeting is not directly related to the employee’s job. If a training course is undertaken for the purpose of preparing for advancement through upgrading the employee to a higher skill, and is not intended to make the employee more efficient in his/her present job the training is not directly related to the employees job, even if the training incidentally improves his/her skill in doing his/her regular work; and (4) The employee does no productive work during the meeting or training. (b) If an employee on his or her own initiative attends school, college, or trade school after hours, that time is not hours worked even if the courses are job related. 105.9 Employee Performance Evaluation To ensure that the quantity and quality of work performed by employees meets the needs of the City, the department head shall interview each employee during the employee’s tenure at least once each year and shall prepare a written performance evaluation in conjunction with said interview. If at any time the City Manager or a department head determines that an employee must substantially improve in any area of job performance in order to adequately discharge any essential function of the employee’s job, the employee may be placed on a performance improvement plan for a time period of three to six months (“performance improvement period”). The performance improvement plan shall include a written description of: (1) the area of job performance in need of improvement; (2) the essential functions of the job at issue; (3) a description of goals, deadlines or other performance measures that the employee must meet within the performance improvement period; (4) a description of steps that the employee should take to meet certain criteria including goals, deadlines or other performance measures; and (5) a warning that failure to adhere to or meet said criteria will result in disciplinary action potentially including discharge from employment. The employee must sign the performance improvement plan to acknowledge receipt. If at the expiration of the performance improvement period the City Manager or department head determines that the employee has not been able to favorably resolve the job performance issue(s), the employee may be subject to discharge. A performance improvement plan is a tool that may be used to assist an employee with job performance issues, but it is not a prerequisite to employee discipline or discharge and does not alter the employee’s “at-will” status. The department head or City Manager shall provide a copy of any written performance evaluation or any performance improvement plan to the employee and shall place a copy of same in the employee’s personnel file together with a certification executed by the employee certifying that the employee has received and reviewed a copy of same. Refusal of the employee to sign said certification is insubordination. Employees may respond in writing to any performance evaluation or performance improvement plan. This written response must be received within 24 hours of the receipt of the performance evaluation or performance improvement plan (PIP). This written response shall be placed in the employee’s personnel file. 105.10 Training and Development In order to meet individual and organizational needs, it is the policy of the City to provide training and development opportunities to encourage high quality performance to prepare employees for Page | 57 Vacation Leave Accrual Full-time Fire Department 24 hour Shift Employees (Avg. 56 hours per week) Full-time Police Department 12 hour Shift Employees (Avg. 42 hours per week) All other Full-time Employees (Avg. 40 hours per week) Years Hours per pay period Approx. Weeks per Year Hours per pay period Approx. Weeks per Year Hours per pay period Approx. Weeks per Year 1 to 9 years 6.462 3 4.847 3 4.616 3 10 or more 9.230 4 6.920 4 6.160 4 Hours per year Approx. Weeks per year Hours per year Approx. Weeks per year Hours per year Approx. Weeks per year Maximum Annual Vacation Accrual 672 12 504 12 480 12 Eligible employees accrue paid vacation at the end of each pay period. All employees shall be allowed to take vacation leave with pay after the first thirty (30) days of successful completion of the probationary period following initial employment. Exceptions may be granted by the City Manager when such compensation is in the best interest of the City. in cases of emergency or as otherwise approved by the City Manager, vacation leave may not be taken prior to the successful completion of the six month probation period. Approval of the City Manager’s office is required in such situations. Absence on account of sickness or injury in excess of that authorized for such purposes, at the request of the employee and approval of the department head can be charged against available accrued vacation leave allowance. In the event that an official paid holiday falls during the vacation period, holiday pay shall be given instead of vacation pay. Full-time employees may accrue more vacation leave than the Maximum Annual Vacation Accrual, however, accumulated vacation time may not be carried forward each year in excess of the Maximum Annual Vacation Accrual. The cutoff date for vacation accumulated in excess of Maximum Annual Vacation Accrual shall be January 31 of each year. Any excess accrued vacation over the Maximum Annual Vacation Accrual on February 1 of each year will be forfeited. (h) Department heads will approve vacation requests, giving due consideration to the needs of the department. All leave requests should be made in writing and require prior approval of the employee’s supervisor. Supervisors are encouraged to approve/disapprove an employee’s vacation request in a timely manner. (i) Employees who separate from the City following satisfactory completion of the probationary period shall receive compensation for unused vacation leave up to the Maximum Annual Vacation Accrual. Employees who separate from the City prior to the satisfactory completion of their probationary period or who are dismissed due to violations of the personnel rules and Page | 70 regulations concerning employee conduct will forfeit accrued vacation pay unless a mutual agreement is reached between the department head, City Manager, and the employee. Vacation leave shall not be advanced. Vacation leave may be taken in not less than 0.25 hour (15 minute) increments. Employees on leave without pay, or disability leave shall not continue to accrue vacation leave or sick leave. Employees on workers’ compensation injury leave shall continue to accrue vacation leave during the period of salary continuation only Part-time, seasonal and temporary employees shall not earn or accrue paid vacation leave. (n) The City Manager may authorize paid leave as part of an offer of employment to a prospective employee. 106.3 Sick Leave All regular full-time employees shall be entitled to sick leave with pay. Regular full-time employees begin to accrue sick leave on the first day of employment as shown in the following table. During the first ninety thirty (3090) days of the probationary period, sick leave may not be used as accrued unless specifically authorized under Section 103.01(f) of this Personnel Policy Manual. (Amended 9/22/2015, Res. No. 2015-09-10) Sick Leave Accrual Full-time Fire Department 24 hour Shift Employees (Avg. 56 hours per week) Full-time Police Department 12 hour Shift Employees (Avg. 42 hours per week) All other Full-time Employees (Avg. 40 hours per week) Years Hours per pay period Approx. Weeks per Year Hours per pay period Approx. Weeks per Year Hours per pay period Approx. Weeks per Year Annual Accrual 5.17 2.4 3.88 2.4 3.69 2.4 Hours per year Approx. Weeks per year Hours per year Approx. Weeks per year Hours per year Approx. Weeks per year Maximum Annual Sick Accrual 1344 24 1008 24 960 24 Page | 71 (3) Non-exempt employees who are designated essential and who must continue to work during emergency or weather related closings are compensated at their regular pay rate during the emergency closing period. Such employees are not given time off at a later date for hours worked during the period of closing. (4) Exempt and non-exempt employees on sick leave or vacation leave on a day when a partial or full day closing occurs are charged with sick or vacation leave for that day as was scheduled. (5) Non-exempt employees unable to travel to work during a period of non-closing will either take vacation leave or leave without pay. (6) Exempt employees unable to travel to work during a period of non-closing must miss the entire work day before having to take vacation leave or leave without pay. Partial day absences do not apply to exempt employees. If an exempt employee has no accrued vacation time, he or she will be required to make up the missed time at a later date. Disciplinary or Criminal Investigations. The City Manager may determine, as a matter of administrative discretion, that an employee subject to a disciplinary or criminal investigation should not be in the workplace while that investigation is pending. In such case, the City Manager may place an employee under investigation on administrative leave with pay for a period of time appropriate in the individualized circumstances. (d) Administrative leave with pay may be granted by the City Manager at which time it is in the best interest of the city. 106.8 Authorized Leave without Pay A leave of absence without pay may be granted at the discretion of the department head and must be approved by the City Manager. Such factors, including but not limited to, length of time away from the job, reason for, and urgency of the request, and length of service with the City, will be taken into consideration by the City Manager. Leave without pay is granted as a matter of administrative discretion. No employee may demand leave without pay as a matter of right, but it may be granted to any employee. An employee may be granted leave without pay, when all other forms of leave such as vacation, compensatory time off, holiday, and personal leave have been exhausted. If the leave is not medical in nature, then accrued sick leave is not an available option. Leave without pay may be considered for the following reasons: (1) To participate in training that would result in increased job ability. (2) To achieve an educational level necessary for advancement in the City. (3) To perform a service that will contribute to the public welfare. (4) To recover from an illness or disability, not believed to be of a permanent or disqualifying nature, for which sick leave and wage supplementation benefits have been exhausted or are not available. (5) When return to work would threaten the health of others. Page | 82 The City may require any employee who fails to return to work after using family medical leave to reimburse the City for any insurance premiums paid by the City to maintain the employee’s dependent health coverage. 107.4 Notification Employees are required to give 30 days’ notice (when possible) to Human Resources of the intent to take leave under the FMLA. If 30-day notice is not possible, notice should be provided immediately upon a determination of need. Employees should provide at least verbal notice within two business days of learning of the need to take FMLA leave. The employee must provide sufficient information to make the City aware of the need for FMLA leave and the anticipated timing and duration of the leave. If an employee seeks leave for an FMLA-qualifying reason for which the employer has previously provided the employee with FMLA-protected leave, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave. If the City determines that leave is being taken for an FMLA-qualifying reason, it shall notify the employee that the leave is designated and will be counted as FMLA leave. Such notice will be in writing and generally provided within five business days of the determination. 107.5 Medical Certification (a) Any employee requesting family medical leave for a serious health condition of the employee or of an eligible family member shall provide a completed Certification of Health Care Provider for Employee’s Serious Health Condition or a completed Certification of Health Care Provider for Family Member’s Serious Health Condition (refer to Appendix A-7 or Appendix A-7.1, as applicable). Employees have at least 15 calendar days of the request for FMLA leave, but not more than 20 calendar days to obtain and submit to the Human Resource Department Administrator the required medical certification. The certification form must be completed by the patient’s health care provider(s) and must contain at least the following: (1) Date condition began; (2) Probably duration of condition; (3) Appropriate medical facts about the condition; and (4) Statement that the employee is needed to care for the ill family member or, in the case of their own illness, is unable to perform their job The City may require a second opinion from a health care provider of its choice at its own expense. If the opinions of the two health care providers conflict, the City may require, at its expense, a third medical opinion from a health care provider mutually agreed upon by the employee and the City. The third opinion shall be considered final and binding on both the employee and the City. The City will not require a second or third opinion of certification, or require recertification, of a covered servicemember’s serious injury or illness, or of a qualifying exigency. The City may, at its option, contact the individual or entity named in a certification of leave for a qualifying exigency for purposes of verifying the existence and nature of the meeting. Page | 84 To protect the employee’s privacy, the certifications will be treated as confidential medical records and will be disclosed on a strict need-to-know basis. 107.6 Reduced Work Schedule Any employee placed on a reduced/intermittent work schedule while on leave under the FMLA must provide Human Resources with a completed certification form (refer to Appendix A-7). The medical certification must be completed by the patient’s health care provider. The form shall state that intermittent leave is medically necessary and must specify the approximate length of time the employee will be on a modified work schedule. When an employee requests intermittent leave or a reduced work schedule, the employee may be temporarily transferred to alternative positions with equivalent pay and benefits. The purpose of the transfer is to better accommodate recurring leave periods. 107.7 Use of Paid Leave (a)Accrued sick leave, vacation leave, or other accrued paid leave must be used concurrently with unpaid leave under the FMLA (administrative leave without pay); provided, however, that sick leave shall not be used concurrently with unpaid leave under FMLA in any situation where sick leave is not authorized by the City’s personnel policies including without limitation Section 106.03(b) or when an employee fails to provide the proof and/or certificate that may be required under Section 106.03(i). If the City substitutes paid leave for unpaid FMLA leave, it may be counted against the 12-week FMLA entitlement if the employee is notified of the designation when the substitution begins. (b)In the case of family and medical leave, the City Department Head shall send notification to the employee, with a copy to the Human Resources Administrator designating the time off as leave under the FMLA. 107.8 Parties’ Responsibilities Employee. (1) Notify the City of any needed leave required due to a Serious Health Condition. If the employee fails to notify the City of the reason for leave, the leave may only be retroactively designated as FMLA leave if the City is notified of the designation while the leave is in progress or within two business days of the employee’s return to work. However, retroactive designation is not available if the employee’s failure to notify the City of the reason for leave resulted in the employee’s separation of employment from the City under circumstances in which the City had no actual notice that the leave was required for a Serious Health Condition. (2) Employee on leave under the FMLA may be required to report their medical status and/or intent to return to work or expected date of return to their Department Head at least every two weeks. (3) Other responsibilities as set forth in this Section 107. Department Head. (1) Requesting leave under the FMLA and designating the same is a process that Page | 85 situation. Non-use of a form or use of materials that are different than the forms in the Appendix does not in any manner invalidate any otherwise valid employment action or decision. Oral Warnings. (1) Oral warnings should be documented by department heads and kept within the department for performance evaluation and record keeping purposes. (2) Oral warnings may not be appealed by employees. However, employees who disagree with the counseling action may discuss the basis of disagreement with their department heads. Should oral warnings be given to employees in written form, the employees may submit written responses/rebuttals to be attached to the oral warnings within 24 hours of receipt of the oral warning. Written Reprimands (refer to Appendix A-13). (1) Written reprimands shall be presented and a copy given to the employees indicating the following: (i) The specific employee act(s) which demonstrated the unacceptable conduct or behavior. (ii) The expected conduct or behavior. (iii) That such act(s) must not be repeated. (iv) That further disciplinary action will result if the employee fails to show and maintain satisfactory improvement. (v) Signed acknowledgment of receipt of the written reprimand by employee. (2) Written reprimands may not be appealed by employees; however, employees may submit responses/rebuttals for attachment to written reprimands. (3) Written reprimands become a part of employees’ permanent personnel files and shall be forwarded, along with any employee responses/rebuttals to the City Manager. The employee’s response/rebuttals may be submitted in writing within 24 hours of receipt of the written reprimand. Placement in a Performance Improvement Plan (refer to Appendix A-10). (1) When the job performance or behaviors of an employee falls below an acceptable standard, the department head, or City Manager, if applicable, may place the employee on a Performance Improvement Plan (“PIP”). The PIP shall consist of timely discussions between the department head and the employee with the following provided in writing: (i) The specific unacceptable deficiency in the employee’s performance; (ii) The necessary improvement in performance; Page | 99 (iii) The period of time in which improvement must occur; and (iv) A statement that further disciplinary consequences will result if the employee fails to show and maintain satisfactory improvement. (2) A PIP may not be appealed. Employees may, however, submit written responses/rebuttals for attachment to the PIP within 24 hours after receipt of the PIP. The PIP and any associated response shall be maintained in the employee’s personnel file in the Human Resources Department, with a copy given to the employee and one retained by the employee’s department. Suspensions. (1) Suspensions result in time off without pay. An employee may be suspended without pay for a period of not less than one day or more than 30 calendar days. (2) Prior to issuing a suspension for a non-exempt employee, the department head must consult with the Director of Human Resources and City Manager to ensure compliance with the Fair Labor Standards Act. (3) As notice, an employee shall be given a Notice of Disciplinary Action (Suspension) and shall have the right to respond to the department head to the alleged charges within two workdays after which the suspension becomes effective; provided, however, that the City Manager shall have discretion to dispense with the procedures outlined herein and to immediately suspend an employee with or without pay or to transfer an employee at any time and without notice if the City Manager determines that such actions are appropriate based on the conduct in question and the need to prevent disruption in the work environment. (4) Suspensions become permanent parts of the disciplinary record maintained in the employee’s permanent personnel file. (5) Suspensions may be appealed in accordance with City policy. (6) An employee may be suspended when under investigation for a crime or official misconduct, or is awaiting hearing or trial in a criminal matter. These suspensions shall be without pay for the duration of the investigation or proceedings when such suspension would be in the best interests of the City. (7) Upon completion of the investigation or proceedings, the employee may be eligible to resume work under terms and conditions specified by the City Manager. Demotions. Demotions result in employees being moved into jobs with lower responsibility levels and/or lower pay rates. Pay rates after a demotion will be reviewed on a case-by- case basis. (1) The decision to demote employees for disciplinary purposes should be written, with a copy given to the employee and the original retained in the official personnel file. Page | 100 (2) As notice, an employee shall be given a Notice of Disciplinary Action (Demotion) and shall have the right to respond to the department head to the alleged charges within two workdays before the demotion becomes effective. (3) Personnel Action Forms must be completed and sent to Human Resources (refer to Appendix A-4). (4) Demotions may be appealed in accordance with City policy. Dismissals. Dismissals result in termination of City employment. (1) Prior to initiating any dismissal action, the department head or designee shall confer with the Director of Human Resources and City Manager and present all relevant facts, circumstances and information, including whether the employee will be placed on administrative leave with pay or without pay pending the outcome of the proposed dismissal. (2) The City Manager will review the information and discuss available options and their consequences with the respective department head or designee. (3) It is the responsibility of the department head or designee to decide whether to initiate a dismissal and to communicate the decision to the City Manager. (4) As notice, an employee shall be given a Notice of Disciplinary Action (Proposed Dismissal) and shall have the right to respond to the department head to the alleged charges within two workdays before the dismissal becomes effective; provided, however, that the City Manager shall have discretion to dispense with the procedures outlined herein and to dismiss an employee at any time and without notice if the City Manager determines that such actions are appropriate based on the conduct in question and the need to prevent disruption in the work environment. (5)Dismissals may be appealed in accordance with City policy. (5)(6)None of the provisions under section 109.1 (g) apply to probationary employees. Probationary employees are not entitled to a review period. Notice of Certain Proposed Disciplinary Action and Employee Response. (1) A department head who is considering disciplinary action shall prepare a notice of disciplinary action to the employee. For the purposes of this subsection, “disciplinary action” means suspension, demotion and/or dismissal. The Notice of Disciplinary Action should include an explanation of why the discipline is proposed, such as alleged policy violations, so the employee may adequately respond. The Notice of Proposed Disciplinary Action shall also establish a meeting time with the employee within two workdays or as soon as practicable thereafter if meeting within two workdays is not reasonably possible. The Notice must be forwarded to the City Manager and Director of Human Resources. (2) A regular employee who receives a Notice of Proposed Disciplinary Action may respond with any relevant facts and documentation that might affect the proposed disciplinary action. The employee’s response/rebuttal must be submitted within two workdays from the date the Notice of Proposed Disciplinary Action is received by the employee. This response should be provided to the department head and forwarded to the City Manager and the Director of Human Resources. Page | 101 Page | 90 108.3.3 Use of Personal Cell Phones The City recognizes that many employees have cell phones that they bring to work. Cell phones may belong to the employee or be provided for the employee’s use by the City, as set forth in Section 108.03.1 and 108.03.2. The use of an employee’s personal cell phone—including but not limited to cell phones with functions such as cameras and video and audio recorders—at work must not interfere with job duties or performance. Employees must not allow cell phone use to become disruptive or interfere with their own or a co-worker’s job performance. Use of personal cell phones should not be used in areas that are accessible to the public, such as the front desk, or in the presence of a customer. An employee may not photograph or otherwise record any event or situation that would constitute confidential information, as that term is defined in Section 101.01.1, without obtaining the advance permission from the employee’s department head or the City Manager. An employee may not photograph or otherwise record any activity or event during work hours, without obtaining the advance permission from the employee’s department head or the City Manager, unless the employee’s work assignments include duties that would require taking photographs or recordings in the performance of their official responsibilities, in which case any such photographs or recordings are the property of the City. Cell phone use that violates any City policy, including but not limited to the policy on sexual and other unlawful harassment, will be subject to disciplinary action, up to and including termination. 108.4 Electronic Communications Policy 1 Generally. (1) The City may provide computer networks, intranet and internet access, email, telephones, pagers, digital cameras, voice mail, and fax communication systems for use by City employees in the performance of their job duties. These communication devices are referred to collectively in this policy as “electronic communications systems” or “systems.” (2) The City systems are designed to support and enhance the communication, research and information capabilities of City employees and to encourage work-related communication and sharing of information resources within the City. This policy governs user behavior pertaining to access and usage of the City’s electronic communications systems and, to a certain degree, use of employee’s personal computers or electronic communications devices used during performance of City business. 1 Notwithstanding any provision of this Manual to the contrary, this Electronic Communications Policy shall not apply to employees, including peace officers, to the extent that applying the policy would effectively: (1) require the employee to disclose information that is made confidential by law to a person who is not authorized to receive same; (2) interfere with a peace officer’s lawful attempts to enforce the law or to investigate, detect or prevent criminal activity; or (3) otherwise violate an applicable state or federal law or regulation. If an employee has any questions about the applicability of this policy, they should consult with their supervisor, their department head, or the Human Resources Director. See also Section 116.02 of this Manual. Page | 91 (3) This policy applies to all City employees, contractors, volunteers and other representatives of the City who use the City systems. The City systems must be used in a professional, responsible, efficient, ethical and legal manner and in a manner that does not unreasonably disrupt the working environment. (4) The City owns the rights to all data and files stored in the City’s electronic communications systems to the extent that such rights are not superseded by applicable laws relating to intellectual property. Employee Consent. By accepting employment with the City, employees expressly consent to the collecting, reading, cataloguing, or other monitoring of electronic communications stored on the City’s electronic communications systems, regardless of whether the City systems are being used for City business or non-City business. Employees who wish to maintain their right to confidentiality or a disclosure privilege must send or receive such information using some means other than City systems or the City-provided Internet access. Acceptable Use. (1) Acceptable uses of the City’s systems are limited to those activities that support reference, research, internal/external communication and conducting City business in line with the user’s job responsibilities, subject to the exception set forth in the following paragraph (2). Employees who use the systems are encouraged to develop uses which meet their individual job-related needs and which take advantage of the City’s electronic communications systems. The City prohibits connection to sites or forwarding of information that contain materials that may be offensive to others including, but not limited to, sites or information containing sexually explicit material. (2) Users must understand that use of the City’s electronic communications systems is a privilege. Minimal personal use of the internet or email and other electronic communications systems is allowed under this policy as long as such use is not excessive, does not impede job performance or the performance of City business, and does not result in any unauthorized expenses or charges to the City. The City is not responsible for personal communications sent or received on City systems, or for maintaining the confidentiality of such communications. (3) The City reserves the right to monitor employee email and internet usage stored on the City’s electronic communications systems, including the right to monitor electronic mail messages (including personal/private/instant messaging and text message systems) and their content, as well as any and all use by employees of the internet and computer equipment used to create, view, or access email and Internet content where such content is stored on the City’s electronic communications systems. Prohibited Uses and Rules Governing City Systems include: (1) The use of video, audio, image, storage, etc. can put a strain on the available resources of the City systems and bandwidth. The City reserves the right to prohibit or limit any bandwidth limiting activities. The City also reserves the right to require a review of any usage that is discovered to have strained the City's resources. Employees found to violate this policy will be subject to the disciplinary process. Page | 92 (2) Distributing or otherwise using profanity, obscenity, or other language or content which may be offensive or harassing to other coworkers or third parties. (3) Accessing, displaying, downloading, or distributing sexually explicit material. (4) Accessing, displaying, downloading, or distributing profane, obscene, harassing, offensive or unprofessional messages or content. (5) Copying, use, distribution, or downloading commercial software onto City systems in violation applicable licensing agreements or of copyright law. (6) Using City systems for financial gain or for any commercial activity unrelated to City business. (7) Using City systems in such a manner as to create a security breach of the City systems or network. (8) Accessing any site, or creating or forwarding messages with derogatory, inflammatory, or otherwise unwelcome remarks or content regarding race, religion, color, sex, national origin, age, disability, physical attributes, or sexual preferences. (9) Transmitting or sharing information regarding a coworker’s health status without his/her permission. (10) Expressing opinions or personal views that could be misconstrued as being those of the City. (11) Expressing opinions or personal views regarding management of the City or other political views that are unreasonably disruptive to the work environment. (12) Using the electronic communication systems for any illegal purpose or in any way that violates City policy or is contrary to the City’s best interest. (13) Playing games or gambling. (14) Initiating, propagating, forwarding, or recklessly handling of chain e-mail, unsolicited advertising materials, or other “spam.” (15) Tampering with, or alterations to, electronic mail messages without the sender’s permission; including but not limited to placement of unauthorized attachments or content on another’s electronic mail message or computer equipment. (16) Unauthorized access to or hacking into City systems. Responsibility. (1) All users that are issued access to City systems and accounts are responsible at all times for its proper use, regardless of the user’s location. The City provides and maintains these systems are designed to assist in the conduct of City business. All transmissions created, sent, received, retrieved or accessed and that are stored on Page | 93 City systems are considered property of the City and may be subject to disclosure as public information. Every employee has the responsibility to maintain and enhance the City’s public image with the proper use of City systems in a professional and productive manner. (2) Employees may only use software approved or provided by the City. Additionally, the software must be installed in compliance with procedures as established by the City Manager and the technology department head. To prevent computer viruses, there will be no unauthorized downloading of any software. Each City employee is responsible for his or her computer files and for seeing that the following precautions are in place to limit the City’s possible exposure and damage from computer viruses as follows: (i) Virus detection software has been purchased by the City and installed on all computers and the servers. The virus detection application will be set to automatically scan the computer and scan any hard disks and any removable media (e.g. CD, DVD, flash drive, external storage drive, etc.) and all of the files on such devices to be read, moved, or copied onto the City-assigned computer. (ii) No employee shall disrupt, “turn-off” or tamper with the City-assigned computer virus detection application. (iii) Any employee who identifies a virus or a problem with or absence of the virus detection software on a City-assigned computer or anywhere else on the City’s system shall immediately notify his or her supervisor and the finance departmentInformation Technology Department. (iv) City employees shall make every effort not to read, move or copy files from any removable media received from an unknown source. (v) City employees shall make every effort not to read, move or copy files from any removable media that has not been professionally recorded unless the source of the media is well-known and reasonably trustworthy and the content of the media is believed to be solely related to City business or City functions. (3) All computer files that are required to be maintained by the City shall be stored or saved to a network drive on the City system and backed up on a regular schedule via the chosen method and network backup software. (4) The City reserves the right to change policies as it relates to the City’s electronic communications systems and its use at any time and as may be required by changing circumstances. It is therefore the responsibility of all employees to ensure full knowledge of the City systems use policies. Violations of the policy and its guidelines may result in the loss of use privileges and disciplinary action, up to and including termination. No Right of Privacy/Monitoring. Page | 94 (1) All passwords used for any City systems are subject to be changed by the Information Technology Department at any time at the discretion of the Information Technology Department Head or designess. to be on file with the network administrator designated by the City Manager. These will be kept confidential and only used for security or investigative purposes. (2) Users of City systems may not assume they are provided any degree of anonymity and employees have no right to privacy with regard to such systems. Personal passwords are not an assurance of confidentiality. The Internet itself is not secure. To ensure proper use of City systems, the City will monitor same. (3) The City may use software in City systems that allows monitoring by authorized personnel or programs and that creates and stores copies of any messages, files, or other information that is entered into, received by, sent, or viewed on such systems. Accordingly, employees should assume that whatever they do, type, enter, send, receive, and view on City systems is electronically stored and subject to inspection, monitoring, evaluation, and City use at any time. Further, to the extent permitted under applicable law, employees who use City systems and Internet access to send or receive files or other data that would otherwise be subject to any kind of confidentiality or disclosure privilege waive whatever right they may have to assert such confidentiality or privilege from disclosure as a term and condition of City employment. (4) The City Manager or their designee reserves and intends to exercise the right to review, audit, intercept, access and disclose all transmissions created, received, sent, retrieved or accessed on the City systems to assure that the City’s resources are devoted to maintaining the highest levels of productivity, as well as proper use and compliance with this policy. The City systems may be checked periodically for business reasons, without permission from the employee in each instance, and the employee, as a term and condition of employment with the City, hereby fully consents to any and all such periodic checks. Filtering. The City may use software to filter Internet and instant message content for all employees. This software may prevent access to informational content or reduce said access. Unauthorized modifications or workarounds as relates to such filters are prohibited. Copyright Restrictions. Any software or other material, including music, downloaded to City systems may be used only in ways consistent with the licenses and copyrights of the vendor, author or owner of the material. Prior written authorization from a department head is required before introducing any software into the City systems. Employees may not download entertainment software, games or any other software unrelated to their work. Public Information. Employees are advised that any data or electronic information could be subject to release in accordance with the Public Information Act of the State of Texas. Employees must take appropriate measures to keep their private information secure. 108.4.1 Social Media Policy Policy Statement. Whether or not an employee chooses to create or participate in a blog, wiki, online social network or any other form of online publishing or discussion is his or her own decision. However, the City recognizes that emerging online collaboration platforms are fundamentally changing the way individuals and organizations communicate, and this Page | 41 products (smoke or smokeless) and Electronic cigarettes by employees and volunteers is prohibited in any City owned building, vehicle, or piece of equipment, and in locations that are accessible or visible to the general public. The for purpose of this section, “Electronic cigarette” or “e- cigarette” means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices. 104.7 Dress Code/Appearance General Guidelines: Dress, grooming, and personal cleanliness are vital to the City’s image as well as the morale of its employees. All employees are expected to present a clean and neat appearance and to dress in a professional manner while on City premises and/or while conducting City business. Reporting to work in a clean and professional manner helps the City to present a positive and professional public image. Employees who are required to wear uniforms and specified apparel will be provided new uniforms and apparel, complete with required insignia, etc., upon employment. Replacement uniforms and apparel will be furnished at City expense on an as needed basis. Supervisors are responsible for determining the need for uniform/apparel replacement. An employee whose employment with the City terminates for any reason must return all uniforms and apparel issued by the City to receive his or her final paycheck. Supervisors are responsible for the removal and return of all identifying patches and insignia. Employees are expected to dress appropriately for their job and the nature of the work performed. Employees that do not wear uniforms provided by the City must adhere to the following guidelines: (1) Males. Slacks or dress type trousers, long or short sleeve shirts with collars, or dress shirts with coat or blazer, and appropriate shoes or boots. (2) Females. Dresses, skirts, or slacks and blouses or sweaters, and appropriate footwear. (3) Both sexes. No shorts, jeans with holes, and no t-shirts. Friday shall be a standing casual day, allowing employees the freedom to wear blue jeans without rips, holes or excessive decorations and collared shirts, sweaters, or other tops that are appropriate for a professional business setting. The City Manager may declare a casual day at any time. Employees who work at City Hall or a City Hall Annex, as well as other City employees who routinely have contact with citizens and other third parties, must also abide by the following: (1) No visible tattoos. Employees who have tattoos must keep them covered with a shirt, pants, skirt, socks, hosiery, or other clothing. (2) No facial or mouth jewelry shall be worn, except that females are permitted to wear a single or double earring in each earlobe provided the earring is not otherwise unprofessional in appearance. Men may not wear earrings. Page | 42 (3) Beards and mustaches must be kept clean and neatly trimmed and within department guidelines. (4) Hairstyles must be clean and neat, avoiding extremes in styles and colors, and appropriate to the employee’s position. (5) Shoes/footwear should also be appropriate for a professional office environment. Acceptable shoes/footwear include: oxfords, loafers, pumps, dress sandals, boots, and flats. Inappropriate items include: sport shoes, casual sandals (including flip- flops), any sandal where a strap goes in between toes; or Tennis shoes. The following items are not permitted for any employee, with the exception of those employees that wear uniforms provided by the City and whose work is regularly performed outdoors in the elements: (1) Any attire with slogans or pictures on them (at the discretion of the department head); (2) Sweatshirts (at the discretion of the department head); (3) T-shirts (unless they are tailored in a professional manner); (4) Denim Jeans – all colors (except on Fridays and other causal days); or (5) Tennis shoes (except on Fridays and other causal days) . The following items are not permitted for any employee: (1) Tight, shear or revealing clothing (such as crop tops, tank tops, halter tops, mesh, etc.) (2) Except for earrings on female employees, visible body piercing (i.e., face, nose, eyebrow, and tongue; and ear gages) (3) Visible tattoos below the wrist or above the neckline of a t-shirt. (4) Visible tattoos added following the employee’s date of hire. An employee who is in doubt about the appropriateness of a particular mode of dress should consult their supervisor or department head in advance. Supervisors and department heads are charged with the responsibility of enforcing this policy. However, the City Manager has the final authority. If an employee requires a reasonable accommodation regarding their dress for bona-fide religious beliefs, they should contact their department head. Unless an undue hardship would result, such an accommodation will be made. Anyone who is not appropriately groomed or who dresses in violation of the policy will be required to leave the workplace to change into more appropriate attire. Under such circumstances, non-exempt employees will not be paid for work time missed, and exempt employees will be required to make up the work time missed. Employees whose grooming Page | 43 and/or personal appearance violates this policy may be disciplined, up to and including termination of employment. 104.8104.7 Financial Obligations No person who, after notice of any delinquency, is in arrears in the payment of taxes or any other liabilities due the City, is qualified to hold any compensative position with the City. Failure to pay other just debts may constitute grounds for disciplinary action if job performance is directly or indirectly impeded. 104.9104.8 Conflict of Interest/Gifts No current employee of the City, or relative, shall recommend, participate in the decision, including voting or discussion, or participate in the monitoring or fulfilling obligations of any contract (whether oral or written) for materials, supplies, or service with the City, nor in any sale of any rights or interest in land, if the officer, employee, or relative has a substantial financial interest in such contract rights or interest in land. In such event, the officer or employee of the City shall sign an affidavit specifying the financial interest, to be filed with the City Secretary prior to any discussion on the item. A “substantial financial interest” for the purposes of this section requires that the employee receive an actual financial benefit from the transaction with the City. An “actual financial benefit from the transaction” shall not include: (1) ownership in the entity transacting with the City where the ownership interest is less than one percent (1%); (2) Compensation as an employee, officer, or director of the entity transacting with the City where the employee can prove that such compensation is not affected by the entity’s transaction with the City; or (3) An investment or ownership in a publicly-held company in an amount less than ten thousand dollars ($10,000.00). An employee may not: (1) represent or appear on behalf of the private interests of others before any agency of the City or any City board, commission or committee, represent any private interest of others in any action or proceeding involving the City, or voluntarily participate on behalf of others in any litigation to which the City might be party; (2) accept or solicit any gift, favor, service, or other thing of value that might reasonably tend to influence the employee in the discharge of his or her duties, or that the employee knows or reasonably should know is being offered with the intent to influence the employee's official conduct; (3) use their position as a City employee to secure special privileges or exemptions for the employee or others; Page | 53 in lieu of cash must be at the rate of one and one-half hours of compensatory time for each hour of overtime work), as stipulated by the Fair Labor Standards Act, and as follows: (1) The use of compensatory time off is not authorized unless approved in advance and in writing by the department head or designee City Manager. The department head is responsible for the administration of compensatory time off in lieu of overtime pay. (2) The use of accrued compensatory time off will be granted to employees within a reasonable period of time of the employee’s request to use same, unless the granting of such time off would unduly disrupt the effective functioning of the department. The City does not guarantee that an employee will be able to use compensatory time off on the date(s) that the employee requests to use same. Requests for use of compensatory time off are the employee’s responsibility and shall be made in the same manner as other leave requests. Department heads may also exercise control over accrued compensatory time by requiring the employee to use it at times determined by the department head. Unless granted an extension by the department head or designee City Manager, compensatory time must be used within thirty (30) days of being accrued. If an employee’s compensatory time is not used by the employee within thirty (30) days of being accrued and no extension has been granted by the department head or designeeCity Manager, then the employee will receive payment for the value of the compensatory time. If the department head City Manager grants an extension, it may not be for more than one year from the date that compensatory time is accrued. If the department head or designee City Manager grants an extension that is less than one year from the date that compensatory time is accrued, and the employee does not use the compensatory time before the expiration of the extension, then the employee will receive payment for the value of the compensatory time. If the City Manager grants an extension that is one year from the date that compensatory time is accrued, and the employee does not use the compensatory time before the expiration of said one-year period, the compensatory time shall lapse. Notwithstanding any other provision or statement in this Manual, the City always reserves the right to require an employee to use compensatory time at times determined by the City, and further reserves the right to pay the employee for the value of accrued compensatory time instead of allowing the employee to use compensatory time. (3) Upon separation from employment, employees must be paid for all accrued compensatory time that has not lapsed at the employee's rate of pay at termination. (4) Each department is responsible for maintaining records of compensatory time off earned and taken by or paid to employees within the Department, and for keeping them current and on file in the Department.time tracking system. (5) The City’s ability to make an election to provide compensatory time off instead of overtime pay is a term and condition of employment. Overtime and Compensatory Time Off for Eligible Non-Exempt Employees Other Than Eligible Non-Exempt Police Officer and Firefighter Employees. The official work period for eligible non-exempt employees is a 7-day period. Eligible non-exempt employees will receive overtime pay or compensatory time off for any hours worked in excess of 40 hours in the 7-day work period. It is the policy of the City to grant hours off during the work period if an eligible non-exempt employee works or is scheduled to work more than 40 hours in a 7-day work period. In the event it is not possible to grant time off during the same work Page | 54 period in which actual hours worked are above 40 in a 7-day work period, the eligible non- exempt employee will receive 1.5 times the pay rate or 1.5 hours in compensatory time off for each hour worked in excess of 40 in a 7-day work period. An employee may accrue up to a maximum of 40 hours of compensatory time off. The decision to pay overtime pay or grant compensatory time off shall be at the sole discretion of the department head and City Manager with consideration given to budgetary resources. The City’s ability to make an election to provide compensatory time off instead of overtime pay is a term and condition of employment. Overtime and Compensatory Time Off for Eligible Non-Exempt Police Officer Employees. The official work period for eligible non-exempt police officers is a 1428-day period. Eligible non-exempt police officer employees will receive overtime pay or compensatory time off for any hours worked in excess of 171 1608086 hours in the 2814-day work period. with the first pay period paid for standard non-overtime hours and with overtime and/or compensatory time off figured after the 171 hours worked during the entire 28-day period. It is the policy of the City to grant hours off during the work period if an eligible non-exempt police officer employee works or is scheduled to work more than 171 1608086 hours in a 2814-day work period. In the event it is not possible to grant time off during the same work period in which actual hours worked are above 171 1608086 in a 2814-day work period, the eligible non- exempt police officer employee will receive 1.5 times the pay rate or 1.5 hours in compensatory time off for each hour worked in excess of 171 1608086 in a 2814-day work period. An employee may accrue up to a maximum of 40 hours of compensatory time off. The decision to pay overtime pay or grant compensatory time off shall be at the sole discretion of the department head and City Manageror designee with consideration given to budgetary resources. The City’s ability to make an election to provide compensatory time off instead of overtime pay is a term and condition of employment and does not change the at- will employment relationship established under this Manual. This provision is adopted pursuant to section 207(k) of the FLSA and 29 CFR Part 553, and shall form a part of the City’s payroll records. For the purposes of this subsection (d), “Eligible Non-Exempt Police Officer Employees” include only uniformed or plainclothes members of the City’s Police Department who have: (1) the statutory power to enforce the law; (2) the power to arrest; and (3) participated in a special course of law enforcement training. Overtime and Compensatory Time Off for Eligible Non-Exempt Firefighter Employees. The official work period for eligible non-exempt firefighters is a 28-day period. Eligible non- exempt firefighter employees will receive overtime pay or compensatory time off for any hours worked in excess of 212 hours in the 28-day work period with the first pay period paid for standard non-overtime hours and with overtime and/or compensatory time off figured after the 212 hours worked during the entire 28-day period. It is the policy of the City to grant hours off during the work period if an eligible non-exempt firefighter employee works or is scheduled to work more than 212 hours in a 28-day work period. In the event it is not possible to grant time off during the same work period in which actual hours worked are above 212 in a 28-day work period, the eligible non-exempt firefighter employee will receive 1.5 times the pay rate or 1.5 hours in compensatory time off for each hour worked in excess of 212 in a 28-day work period. An employee may accrue up to a maximum of 40 hours of compensatory time off. The decision to pay overtime pay or grant compensatory time off shall be at the sole discretion of the department head and City Manager with consideration given to budgetary resources. The City’s ability to make an election to provide compensatory time off instead of overtime pay is a term and condition of employment and does not change the at-will employment relationship established under this Manual. Further, it is the City’s policy (subject to the discretion of the department head and internal department policies) and a term and condition of employment applicable to eligible non-exempt firefighter employees—that, for shifts in excess of 24 hours: (1) a maximum of eight hours Page | 55 of sleep time may not be compensated for and may not be counted as hours worked for purposes of calculating overtime hours; and, (2) designated meal times may not be compensated for and may not be counted as hours worked for purposes of calculating overtime hours. The policy, stated above, excluding certain time for sleep hours and designated meal times from overtime compensation does not apply to a regular 24 hour shift that starts early or is extended due to emergency call out, or to an employee that, with the permission of the department head, works a shift normally assigned to another employee resulting in the employee working consecutive 24 hour shifts. This provision is adopted pursuant to section 207(k) of the FLSA and 29 CFR Part 553, and shall form a part of the City’s payroll records. For the purposes of this subsection (e), an “Eligible Non-Exempt Firefighter Employee” includes only an employee of the City who is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is engaged in either: (1) preventing, controlling and extinguishing fires; or (2) responding to emergency situations where life, property or the environment is at risk. Holiday leave and vacation leave will be counted as hours worked for the purpose of overtime calculations. All other paid leave, including but not limited to sick leave, personal leave, , jury duty, administrative leave, bereavement leave, workers’ compensation injury leave, disability leave, military leave, unpaid leave and compensatory time off will not be counted as hours worked for purposes of overtime calculations. Exempt Employees. Exempt personnel are paid a salary and are not eligible to receive overtime compensation. Exempt personnel are expected to work the hours necessary to complete their job assignments, and it is expected that all exempt employees will occasionally be required to work additional hours to accomplish assigned tasks. Hour for hour compensatory time off is not authorized for Exempt employees; however, when possible, these employees will be allowed time off to discharge personal responsibilities as time and work load permits. 105.5 Call-Out (a) A non-exempt employee called out to work after he/she has been released from his/her normal work day shall be credited with a minimum of two (2) hours for the time between reporting for duty and release from such duty should actual time worked not exceed two (2) hours. This provision does not apply in the case of pre-scheduled overtime. (b) If the employee completes the work required in the initial call-out, and is subsequently called out within the same initial two-hour guarantee, he/she shall be paid for the actual time worked, or the minimum two (2) hour guarantee, whichever is greater. A second call- out within the initial two-hour guarantee period does not commence a second two-hour guarantee. An employee will not be paid more than the two hour guarantee unless he/she actually works more than two hours. If the employee receives a subsequent call-out, after the expiration of the initial two-hour period, such subsequent call-out shall commence an additional two-hour guarantee. (c) Call-out time will be paid at the applicable overtime rate only if the employee has exceeded 40 hours worked for the work week (or the equivalent maximums for police and firefighter employees). Any time less than 40 hours (or the equivalent non-overtime hours for police and firefighter employees) including call-out time will be paid at straight time. 105.6 Standby (On-Call Time) Item No. 6.f. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution rejecting all bids for the Slayter Creek Park restroom and concrete construction project. (Park Planning & Development Manager Dalan Walker) SUMMARY: The City of Anna publicly bid the Slayter Creek Park Restroom and Concrete project. Bids were opened on November 27, 2023. However, staff found the bid interest to be insufficient, receiving only one bid which was well over the project budget. Staff recommends the City Council reject the bid and to direct the City to readvertize the project to generate more bids. The purpose of rebidding is to increase competition and to ensure that the City receives the best value for the project budget. FINANCIAL IMPACT: Funding for the Slayter Creek Restroom project was appropriated in the FY2024 Community Investment Program budget in the amount of $200,000 from the Capital Projects Bond Fund. BACKGROUND: Bids were opened on November 27, 2023. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Resolution - Reject Slayter Restroom Bids CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS REJECTING ALL BIDS RECEIVED FOR THE SLAYTER CREEK PARK RESTROOM AND CONCRETE PROJECT AT THE BID OPENING ON NOVEMBER 27, 2023; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Project is identified as a Community Investment Program construction project in the City of Anna, Texas; and, WHEREAS, the project was publicly advertised in the Anna-Melissa Tribune and sealed competitive bids were received digitally through IonWave, the City of Anna online purchasing portal, on November 27, 2023, at 2pm in compliance with Local Government Code Chapter 252, “Purchasing and Contracting Authority of Municipalities;” and, WHEREAS, the City Council determined that it is in the best interest of the City to reject all bids and re-bid the project; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby rejects all bids received on the November 27, 2023, bid opening for the Project. That the City Council further directs the City Manager to direct staff to rebid the project. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of December 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Item No. 6.g. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Dalan Walker AGENDA ITEM: Approve a Resolution awarding the construction of landscaping and irrigation improvements in Slayter Creek Park to Tegrity Contractors, Inc. (Park Planning & Development Manager Dalan Walker) SUMMARY: The City of Anna advertised and released a bid process for landscaping and irrigation surrounding the skatepark in Slayter Creek Park on October 27, 2023, and advertised as required by law. Bids were closed on November 27, 2023, and three proposals were received. Tegrity Contractors, Inc. was the lowest responsible bidder with a base bid of $117,777. Staff have contacted references provided by the contractor and find them to be qualified by experience and capacity to do the work. Staff recommends the acceptance of an additive alternate for sod in place of hydroseed in the amount of $10,777. The base bid and alternate together total $128,554. The project includes irrigation system expansion in Slayter Creek park and small landscaped beds, trees, and natural turf, primarily along the perimeter of the skatepark. The scope also includes several small pockets of synthetic grass within the skatepark. FINANCIAL IMPACT: Funding for the Slayter Creek Park - Irrigation project was appropriated in the FY2024 Community Investment Program in the amount of $500,000 from the Park Development Fund. Any surplus funds at the completion of the project will be reallocated to other projects. BACKGROUND: The City of Anna selected New Line Skateparks to design the skatepark which is nearing completion at Slayter Creek Park. As part of the design, New Line hired Kimley Horn to develop plans for landscaping and irrigation. Once the skatepark plans were completed, City Council directed staff to move forward with the contract to build the skatepark. Since the skatepark is a specialty construction project, it was determined that the best value for the City was to release a separate contract for landscaping and irrigation in this area of the park. The landscaping and irrigation project is funded through the Park Development Fund. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Resolution for Construction Agreement with Tegrity Contractors - Slayter Creek Park Landscaping and Irrigation 2. Skatepark Landscaping Construction Agreement - Tegrity 120423 3. Supplier Response (Tegrity Contractors Inc.) - Bid - Exhibit A 4. Skatepark Landscaping and Irrigation COMPLETE BID SET - Exhibit B 5. Worker's Compensation Notice for Contracts - Exhibit C CITY OF ANNA, TEXAS RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE CONSTRUCTION OF IRRIGATION AND LANDSCAPING IMPROVEMENTS AT SLAYTER CREEK PARK TO TEGRITY CONTRACTORS, INCORPORATED IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-EIGHT THOUSAND FIVE HUNDRED FIFTY-FOUR DOLLARS AND ZERO CENTS; WITH AN EFFECTIVE DATE. WHEREAS, the City Council considers the installation of enhanced landscaping and irrigation surrounding the skatepark at Slayter Creek Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan and Capital Improvement Plan adopted by the City Council; and WHEREAS, the Fiscal Year 2023-2024 Capital Improvement Plan Budget includes $500,000 in Park Development Funds allocated to the expansion, improvement, and rehabilitation of irrigation systems and landscaping at Slayter Creek Park; and, WHEREAS, the City publicly advertised and bid the project in accordance with the Texas Local Government Code; and, WHEREAS, the City of Anna opened bids on November 27, 2023, and three bids were received; and, WHEREAS, the City of Anna finds that the lowest qualified bid was received from Tegrity Contractors, Incorporated, with a base bid of $117,777 and an alternate bid of $10,777; and, WHEREAS, the City Council approves the proposed construction agreement with Tegrity Contractors, Inc., to include the following fee: “The total amount for fiscal year 2024: $128,554.” NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a construction agreement with Tegrity Contractors, Inc. and ratifies and approves the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the construction agreement with Tegrity Contractors, Inc. PASSED, APPROVED, AND ADOPTED on first and final reading on this 12th day of December, 2023. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary, Carrie Land Mayor, Nate Pike CA-1 Skatepark Landscaping and Irrigation at Slayter Creek Park STATE OF TEXAS § § CONSTRUCTION AGREEMENT COUNTY OF COLLIN § This Construction Agreement (“Agreement”) is made and entered into this ___ day of __________________ 20__ by and between the City of Anna, Texas (the “Owner”) and Tegrity Contractors, Inc., a Texas corporation (the “Contractor”) acting by and through their authorized representatives and in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: Article I Work and Term 1.1 The Contractor shall perform all the work specified in the Contract Documents. The work is generally described as follows: Installation of landscaping and irrigation in and around the skatepark located at Slayter Creek Park, 425 W Rosamond, Anna, TX 75409. 1.2 The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and continue until completion of the services provided herein. Article II Contract Documents 2.1 The Contract Documents shall include all documents identified herein. Every provision of the Contract Documents below is incorporated into this Agreement by reference. The Contract Documents referenced below are in descending order of precedence. Any conflict between or among any of the Contract Documents shall be resolved in favor of the document with higher precedence. A. This Agreement; B. Properly authorized change orders; C. Contractor’s quote attached hereto as Exhibit A; D. Plan prepared by Kimley-Horn attached hereto as Exhibit B; and E. Workers’ Compensation Notice attached hereto as Exhibit C. Article III Scope of Work 3.1 Contractor shall perform all the work specified in the Contract Documents. CA-2 Skatepark Landscaping and Irrigation at Slayter Creek Park 3.2 Schematic Design Documents, Design Development Documents, Contract Documents, drawings, plans, specifications, and other documents, including those in electronic form, prepared by Contractor and its consultants, agents, representatives, and/or employees in connection with the Project are intended for the use and benefit of Owner. Contractor and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project documents. Notwithstanding, Owner shall own, have, keep, and retain all rights, title, and interest in and to all Project documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project documents, whether in draft form or final form, which are produced at its request and in furtherance of this Agreement or the Project. Owner shall have full authority to authorize Contractor, Subcontractors, consultants, and material or equipment suppliers to reproduce applicable portions of the Project documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Contractor in connection with this Agreement are “works for hire” and shall be the property of Owner. Contractor shall upon completion of the services, or earlier termination, provide Owner with reproductions of all materials reports, and exhibits prepared by Contractor pursuant to this Agreement, and in electronic format if requested by Owner. Article IV Compensation and Method of Payment 4.1 Additive Alternate 1 is accepted by Owner. 4.2 Owner shall pay the Contractor no more than $128,554, subject to additions and deductions, for completion of the work in accordance with the Contract Documents using current funds. 4.2 Contractor agrees to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the Work at Contractor’s own cost and expense. Article V Notice to Proceed The Contractor shall not proceed with any work required under this Agreement without a written Notice to Proceed from City. Article VI Relationship of Parties It is understood and agreed by and between the parties that in satisfying the conditions of this Agreement, the Contractor is acting independently, and that Owner assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of Owner. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. At no time will Owner have any control or supervision over the means, methods, sequences, technologies, undertakings, measures or procedures utilized to perform the services under this Agreement. CA-3 Skatepark Landscaping and Irrigation at Slayter Creek Park Article VII Insurance 7.1 Procurement and Evidence of Insurance. Prior to commencing the Services and continuing until all Services to be performed under this Agreement have been completed, Contractor shall purchase and maintain insurance with a company or companies qualified to do business in Texas and rated at least “A” by AM Best or other equivalent rating service. All such insurance, with the exception of workers compensation, shall name Owner as an additional insured and provide for a waiver of subrogation against Owner for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. Each policy and renewals or replacements thereof shall provide that it will not be canceled, non-renewed or material change except with thirty (30) days advance written notice to City. Evidence of such insurance shall be provided to Owner by delivering certificates of insurance. 7.2 Coverage and Limits. The insurance required under this Paragraph shall provide for the following coverages and limits: a. Workers’ compensation and employers’ liability insurance as required by applicable law attached hereto as Exhibit C. b. Commercial general liability insurance for bodily injury and property damage, including limited contractual liability coverage in not less than the following amounts: i. General Aggregate Limit $2,000,000 each occurrence ii. Each Occurrence Limit $1,000,000 each occurrence; and 7.3 Commercial automobile liability insurance coverage, including non-owned and hired, covering all owned, hired or non-owned vehicles including the loading or unloading thereof with limits not less than $1,000,000. 7.4 Umbrella liability insurance covering all operations with limits of liability not less than: Bodily Injury and Property Damage Liability $5,000,000 each occurrence $5,000,000 aggregate Article VIII Miscellaneous 8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings, written or oral agreements between the parties with respect to this subject matter. 8.2 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. CA-4 Skatepark Landscaping and Irrigation at Slayter Creek Park 8.3 Assignment. Contractor may not assign this Agreement in whole or in part without the prior written consent of Owner. 8.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 8.5 Governing Law. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction; and exclusive venue for any action concerning this Agreement shall be in a State District Court of Collin County, Texas. 8.6 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 8.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.9 Recitals. The recitals to this Agreement are incorporated herein. 8.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for Owner: City of Anna Attn: Ryan Henderson, City Manager 120 West Seventh St Anna, Texas 75409 If intended for Contractor: Tegrity Contractors, Inc. Attn: Roger Roulette, VP/CEO 202 N Allen Dr, Suite E Allen, TX 75013 8.11 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of CA-5 Skatepark Landscaping and Irrigation at Slayter Creek Park copies hereof each signed by less than all, but together signed by all of the parties hereto. 8.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 8.13 Indemnification. OWNER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR WAIVES ALL CLAIMS AGAINST OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS THE “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER. CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND SAVE HARMLESS OWNER FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS’ FEES AND RELATED EXPENSES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF OWNER). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONTRACTOR, ON NOTICE FROM OWNER, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT CONTRACTOR’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO OWNER. CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8.14 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 8.15 Conflicts of Interests. Contractor represents that no official, officer, or employee of Owner has any direct or indirect pecuniary interest in this Agreement. (signature page to follow) CA-6 Skatepark Landscaping and Irrigation at Slayter Creek Park EXECUTED on this _______ day of _____________________, 2023. OWNER, City of Anna, Texas By: Ryan Henderson, City Manager Attest: ____________________________________ EXECUTED on this _______ day of ______________________, 2023. CONTRACTOR, Tegrity Contractors, Inc. By: ____________________________________ Name: Roger Roulette Title: VP/CEO Attest: _________________________________ 2021 - 0030 Addendum 4 Tegrity Contractors Inc. Supplier Response Event Information Number:2021 - 0030 Addendum 4 Title:Slayter Creek Park Skatepark Landscaping and Irrigation Type:Invitation to Bid Issue Date:10/27/2023 Deadline:11/27/2023 02:00 PM (CT) Notes:Bid closing has been extended to November 27th at 2pm. We discussed changing the system to two-wire but have decided not to. Bid the system as specified (two-wire). Contact Information Contact:Dalan Walker Park Planner Address:120W 7th Street Anna, TX 75409 Email:dawalker@annatexas.gov Vendor: Tegrity Contractors Inc.2021 - 0030 Addendum 4Page 1 of 2 pages Tegrity Contractors Inc. Information Contact:Brad Gibson Address:202 N. Allen Dr. Suite E Allen, TX 75013 Phone:(972) 562-6060 Email:brad@tegrity-contractors.com Web Address:tegrity-contractors.com By submitting your response, you certify that you are authorized to represent and bind your company. Brad Gibson brad@tegrity-contractors.com Signature Email Submitted at 11/27/2023 01:40:59 PM (CT) Requested Attachments Qualification Statement of Bidders Qualification Statement.pdf Fill out form, scan and upload. Affidavit Against Prohibited Acts Affidavid.pdf Fill out form, scan and upload. Proposal and Bid Form Proposal and Bid Form.pdf Fill out form, scan and upload. Bidder's Bond EXECUTED bid bond 11.03.pdf Submit via mail to address in Notice to Bidders. Must be postmarked by date of bid closure. Construction Schedule Slayter Creek Landscaping Schedule.pdf Create and upload. Bid Attributes 1 Project Scope The project includes installation of landscaping and synthetic grass. The scope also includes installation of a landscape irrigation that will tie into an existing system. Yes, all that is mentioned above is included. Bid Lines 1 Lump sum price for all work in construction documents. Quantity:1 UOM:EA Price:$117,777.00 Total:$117,777.00 2 Add Alternate: Substitute sod in place of hydroseed. Quantity:1 UOM:EA Price:$10,777.00 Total:$10,777.00 Response Total: $128,554.00 Vendor: Tegrity Contractors Inc.2021 - 0030 Addendum 4Page 2 of 2 pages SLAYTER CREEK PARK SKATE PARK LANDSCAPING AND IRRIGATIONBID SET DRAWING INDEX SHEET NUMBER SHEET TITLE COVER SHEET PLANTING PLAN PLANTING DETAILS PLANTING SPECIFICATIONS IRRIGATION PLAN IRRIGATION DETAILS AND SPECIFICATIONS SP0.00 L1.01 L1.02 L1.03 L2.01 L2.02 OCTOBER 27, 2023 BUILDING SKATEBOARDING Edgewater, FL 32132 newlineskateparks.com 137 W. Marion Ave. #1 P 604.530.1114 F 604.530.1119 NEW LINE SKATEPARKS INC.LOCATION:COPYRIGHT RESERVED. THIS DRAWING AND DESIGN IS THE PROPERTY OF NEW LINE SKATEPARKS INC. AND MAY NOT BE REPRODUCED OR USED FOR OTHER PROJECTS WITHOUT PERMISSION BY DRAWING NUMBER:REV DRAWN: SCALE:30"x42" CONTRACTOR SHALL CHECK ALL DIMENSIONS ON THE WORK AND REPORT ANY DISCREPANCY TO THE CONSULTANT BEFORE PROCEEDING. ALL DRAWINGS AND SPECIFICATIONS ARE THE EXCLUSIVE PROPERTY OF THE OWNER AND MUST BE RETURNED AT THE COMPLETION OF THE WORK. No DATE DESCRIPTION DRAWING TITLE: PROJECT NUMBER: CHECKED: APPROVED: START DATE: PAGE SIZE: DECEMBER 2022 RC / CL KR KR 2022-02 AS SHOWN 425 W. Rosamond Parkway, Anna, TX 75409Slayter Creek ParkBID SETISSUE DATE: 10-27- 2023COVER SHEET SP0.00 LOCATION PLAN NTS CONTACTS SKATE PARK & PUMP TRACK DESIGNER NEW LINE SKATEPARKS INC 137 W. MARION AVE. #1 EDGEWATER, FL 32132 CONTACT - KANTEN RUSSELL PHONE 619-930-5459 KANTEN@NEWLINESKATEPARKS.COM CLIENT CITY OF ANNA 120 W. 7TH STREET #142 ANNA, TX 75409 PARK PLANNING & DEVELOPMENT - DALAN WALKER PHONE 972-924-2616 DAWALKER@ANNATEXAS.GOV PROJECT LOCATION CIVIL ENGINEER , LANDSCAPE ARCHITECT KIMLEY-HORN 260 EAST DAVIS STREET SUITE 100 MCKINNEY, TX 75069 PROJECT MANAGER - BRANDON BELL PHONE 469-301-2596- BRANDON.BELL@KIMLEY-HORN.COM PROJECT ADDRESS SLAYTER CREEK PARK 425 W. ROSAMOND PARKWAY ANNA, TX 75409 PROJECT:SLAYTER CREEK PARK SKATE PARKLANDSCAPING AND IRRIGATION2023 ANNA CITY COUNCIL MAYOR NATE PIKE MAYOR PRO TEM LEE MILLER RANDY ATCHLEY, DEPUTY MAYOR PRO TEM KEVIN TOTEN, PLACE 1 PETE CAIN, PLACE 2 STAN CARVER II, PLACE 3 ELDEN BAKER, PLACE 5 CITY MANAGER: RYAN HENDERSON CITY SECRETARY: CARRIE LAND X X X XXXANY EXISTING VEGETATIONDISTURBED BY CONSTRUCTIONTO BE FINE GRADED ANDPLANTED WITH BERMUDA SODARTIFICIAL TURF;CONTRACTOR TO MAKESUBMITTALEXISTING CULVERTL.O.W.L.O.W.L .O .W .L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.L.O.W.PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE DRAINAGE EASEMENTDRAINAGE EASEMENTDRAINAGE EASEMENTSKATE PARK ANDFEATURES BY OTHERSL.O.W.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\Brakelights Red YuccaCedar ElmCedar Elm\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\Bald CypressAutumn SageMealy Blue SageRegal Mist® Pink Muhly GrassWhite Muhly GrassWhite Muhly GrassRegal Mist® Pink Muhly GrassAutumn SageMealy Blue SageAutumn SageBald CypressTexas SedgeBlue GramaBermuda GrassBermuda Grass - HydroseedBermuda Grass - HydroseedBermuda Grass - HydroseedBermuda Grass - HydroseedBermuda Grass - HydroseedBermuda Grass - HydroseedBermuda Grass - HydroseedTexas Red OakM-1STEEL EDGEM-1STEEL EDGEARTIFICIAL TURF;CONTRACTOR TO MAKESUBMITTALARTIFICIAL TURF;CONTRACTOR TO MAKESUBMITTALARTIFICIAL TURF;CONTRACTOR TO MAKESUBMITTALARTIFICIAL TURF;CONTRACTOR TO MAKESUBMITTALUSE SOD PINSUSE SOD PINSADD ALTERNATE #1ADD ALTERNATE #1ADD ALTERNATE #1ADD ALTERNATE #1ADD ALTERNATE #1Planting PlanAScale: 1" = 10'-0"0'10'20'Scale: 1" = 10'-0"NORTHBUILDING SKATEBOARDINGEdgewater, FL 32132 newlineskateparks.com137 W. Marion Ave. #1 P 604.530.1114F 604.530.1119NEW LINE SKATEPARKS INC.LOCATION:COPYRIGHT RESERVED. THIS DRAWING AND DESIGN IS THE PROPERTYOF NEW LINE SKATEPARKS INC. AND MAY NOT BE REPRODUCED OR USED FOR OTHER PROJECTS WITHOUT PERMISSIONBYDRAWING NUMBER:REVDRAWN:SCALE:30"x42"CONTRACTOR SHALLCHECK ALLDIMENSIONS ON THEWORK AND REPORTANY DISCREPANCY TOTHE CONSULTANTBEFORE PROCEEDING.ALL DRAWINGS ANDSPECIFICATIONS ARETHE EXCLUSIVEPROPERTY OF THEOWNER AND MUST BERETURNED AT THECOMPLETION OF THEWORK.NoDATEDESCRIPTIONDRAWING TITLE:PROJECT NUMBER:CHECKED:APPROVED:START DATE:PAGE SIZE:DECEMBER 2022NJFAJB064642000AS SHOWN425 W. Rosamond Parkway, Anna, TX 75409 Slayter Creek ParkAJB SITE AMENITIES PACKAGE ISSUE FOR CONSTRUCTION TX F-928 McKinney, TX 75069 Suite 100 260 East Davis Street Kimley-Horn www.kimley-horn.com P 469 301 2580 SAETSTA5OF07ETX AND R JE WBUDKE3.07.24.2023.0406.22.2023.NFASI FIELD DIRECTIVE #40507.24.2023.NFCITY REVISION #5L1.01PLANTING PLANNOTE:ALTERNATE ADD #1:SEED IN ALLAREAS SHALL BE CHANGED TO SOD.VICINITY MAPN.T.S.PROJECTLOCATIONHWY 5LANGDO N D R YWKP DNOMASOR WROBINSON DR YARBROUGH DRLANDSCAPE PLANANNA ISD PARK ADDITIONLOT 246.71 ACRES / 2,034,688 SFGWYN MORRISON SURVEY, ABSTRACT NO. 559CITY OF ANNA, COLLIN COUNTY07/24/2023PROJECT:SLAYTER CREEK PARK SKATE PARK LANDSCAPING AND IRRIGATION TREESCOMMON / BOTANICAL NAMECONT.SIZESPACINGREMARKSBald Cypress / Taxodium distichum3" cal10`-12` ht. min.B&B, NURSERY GROWN, MATCHED, FULL, WELL-BRANCHED,STRONG CENTRAL LEADER, 7` CLEAR AT SIDEWALKSCedar Elm / Ulmus crassifolia3" cal10`-12` ht. min.B&B, NURSERY GROWN, MATCHED, FULL, WELL-BRANCHED,STRONG CENTRAL LEADER, 7` CLEAR AT SIDEWALKSTexas Red Oak / Quercus buckleyi3" cal10`-12` ht. min.B&B, NURSERY GROWN, MATCHED, FULL, WELL-BRANCHED,STRONG CENTRAL LEADER, 7' CLEAR AT SIDEWALKSSHRUBSCOMMON / BOTANICAL NAMECONT.SIZESPACINGREMARKSBlue Grama / Bouteloua gracilis `Blonde Ambition`5 gal24" h x 24" w36" OCCONTAINER, NURSERY GROWN, MATCHED AND WELLROOTEDNOTE: 24" HT. @ INSTALLBrakelights Red Yucca / Hesperaloe parviora `Brakelights` TM3 gal24" h x 24" w24" OCCONTAINER, NURSERY GROWN, MATCHED AND WELLROOTEDNOTE: 18" HT. @ INSTALLRegal Mist® Pink Muhly Grass / Muhlenbergia capillaris 'Lenca'5 gal24" h x 18" w36" OCCONTAINER, NURSERY GROWN, MATCHED AND WELLROOTEDNOTE: 24" HT. @ INSTALLWhite Muhly Grass / Muhlenbergia capillaris `White Cloud`5 gal24" h x 18" w36" OCCONTAINER, NURSERY GROWN, MATCHED AND WELLROOTEDNOTE: 24" HT. @ INSTALLPERENNIALCOMMON / BOTANICAL NAMECONT.SIZESPACINGREMARKSAutumn Sage / Salvia greggii3 gal24" h x 24" w36" OCCONTAINER, NURSERY GROWN, MATCHED AND WELLROOTEDNOTE: 24" HT. @ INSTALLMealy Blue Sage / Salvia farinacea3 gal24" h x 18" w30" OCCONTAINER, NURSERY GROWN, MATCHED AND WELLROOTEDNOTE: 18" HT. @ INSTALLGROUND COVERSCOMMON / BOTANICAL NAMECONT.SIZESPACINGBermuda Grass / Cynodon dactylonsodREFER TO SPECIFICATIONSBermuda Grass - Hydroseed / Cynodon dactylon - HydroseedHYDROMULCHREFER TO SPECIFICATIONSTexas Sedge / Carex texensis1 gal12" h x 12" w18" o.c.CONTAINER, NURSERY GROWN, MATCHED AND WELLROOTEDPLANT SCHEDULENOTES:1.REFERENCE PLANTING AND PLANTING SOILSPECIFICATIONS FOR ADDITIONALINFORMATION.2.LOCATE ALL STAKES OUTSIDE OFROOTBALL. DO NOT DRIVE STAKES INTOROOTBALL.3.STAKE MUST BE DRIVEN MIN. 24" INTO SOIL.4.ALL TREES MUST BE TRIPLE STAKED.TREE TRUNKNON-ABRASIVE TREE TIESLOOPED AROUND TREETRUNK AND STAKETREE STAKEEACH TREE TIE SHALL BENAILED TO STAKE USINGGALVANIZED NAILSPREVAILINGWINDTREE CANOPYSECTION6" TRIPLE STAKE: 6'-0" MIN.ROOT BALLTRIPLE STAKE PLAN3" CALIPER AND GREATERAScale: 1/2"=1'-0"Canopy TreeBOTTOM 2/3 OF BACKFILL TO BE100% NATIVE SOILUNDISTURBED SUBGRADESCARIFY SIDES & BOTTOM OF PIT2" MULCH TO OUTSIDE EDGE OF WATERING RING. MULCHTYPE PER SPECS; PULL MULCH MIN. 6" FROM TRUNKTOP 1/3 OF BACKFILL TO BE 20% COMPOSTMIX AND 80% NATIVE SOILORIGINAL GRADEFINISHED GRADETREE STAKES. STAKE LOCATION SHALL NOTINTERFERE WITH BRANCHES OR ROOTBALL.3 NON-ABRASIVE TREE TIES. TREE TIES SHALL BE6" ABOVE BENDING MOMENT OF TREE. TIESSHOULD PROVIDE FLEXIBILITY OF TRUNK BUT NOTALLOW RUBBING OF TRUNK AGAINST STAKE.TRUNK/ ROOTBALL TO BE CENTERED AND PLUMB/LEVEL IN PLANTING PITTOP OF ROOT BALL TO BE 3" ABOVE ADJACENTSOIL. REMOVE EXCESS SOIL ATOP ROOTBALLAND EXPOSE TREE ROOT FLARE.REMOVE BURLAP MATERIAL FROM TOP 1/3 OF ROOT BALLAND REMOVE WIRE BASKET. REMOVE BINDING FROM TRUNKAND EXPOSE TOP OF ROOT BALL FOR MULCHINGEQUALEQUALEQUALPREPARE SHRUB BED PER SPECIFICATIONS.FINISH GRADE TO BE 1" BELOW ADJACENTEDGE. BED TO BE GRADED FOR POSITIVEDRAINAGE AND MOUNDED WHERE APPLICABLE.GROUNDCOVER- SEEPLANTING SCHEDULE FORSIZE AND SPACING.UNDISTURBED SUBGRADE2" LAYER MULCH,REFER TO SPECS.VARIESSEE PLANSVARIESSHRUB OR GROUNDCOVERLAYOUT REFER TO PLANTING PLANBBScale: 1/2" = 1'-0"Shrubs & GroundcoverM-1STEEL EDGESteel EdgeCScale: 1 1/2" = 1'-0"MULCH REF.SPECSSTAKES PERSTEEL EDGEMANUFACTUREREDGE @ PLANTINGPLANTING SOILREF. TO SPECSTURF1"M-1STEEL EDGING(@ PLANTING)SOIL DEPTH, REF. SPECS BUILDING SKATEBOARDINGEdgewater, FL 32132 newlineskateparks.com137 W. Marion Ave. #1 P 604.530.1114F 604.530.1119NEW LINE SKATEPARKS INC.LOCATION:COPYRIGHT RESERVED. THIS DRAWING AND DESIGN IS THE PROPERTYOF NEW LINE SKATEPARKS INC. AND MAY NOT BE REPRODUCED OR USED FOR OTHER PROJECTS WITHOUT PERMISSIONBYDRAWING NUMBER:REVDRAWN:SCALE:30"x42"CONTRACTOR SHALLCHECK ALLDIMENSIONS ON THEWORK AND REPORTANY DISCREPANCY TOTHE CONSULTANTBEFORE PROCEEDING.ALL DRAWINGS ANDSPECIFICATIONS ARETHE EXCLUSIVEPROPERTY OF THEOWNER AND MUST BERETURNED AT THECOMPLETION OF THEWORK.NoDATEDESCRIPTIONDRAWING TITLE:PROJECT NUMBER:CHECKED:APPROVED:START DATE:PAGE SIZE:DECEMBER 2022NJFAJB064642000AS SHOWN425 W. Rosamond Parkway, Anna, TX 75409 Slayter Creek ParkAJB SITE AMENITIES PACKAGE ISSUE FOR CONSTRUCTION TX F-928 McKinney, TX 75069 Suite 100 260 East Davis Street Kimley-Horn www.kimley-horn.com P 469 301 2580 SAETSTA5OF07ETX AND R JE WBUDKE3.07.24.2023.0406.22.2023.NFASI FIELD DIRECTIVE #40507.24.2023.NFCITY REVISION #5L1.02PLANTING DETAILSGENERAL NOTES:1.WRITTEN DIMENSIONS PREVAIL OVER SCALED DIMENSIONS. NOTIFY LANDSCAPE ARCHITECT OF ANYDISCREPANCIES.2.THE CONTRACTOR BEARS ALL RESPONSIBILITY FOR VERIFYING ALL UNDERGROUND UTILITIES, PIPES,STRUCTURES, AND LINE RUNS IN THE FIELD PRIOR TO CONSTRUCTION. ANY DAMAGE TO UTILITIES THATARE TO REMAIN SHALL BE REPAIRED IMMEDIATELY AT NO EXPENSE TO THE OWNER. LANDSCAPEARCHITECT ASSUMES NO RESPONSIBILITY FOR ANY NOT SHOWN ON PLANS.3.ALL PROPOSED AND FINISHED GRADES ARE BASED ON INFORMATION PROVIDED BY THE OWNER'SSURVEY AND/OR CIVIL ENGINEER. ANY DISCREPANCIES IN ACTUAL FIELD MEASUREMENTS ARE TO BEREPORTED TO THE LANDSCAPE ARCHITECT IMMEDIATELY.4.PRIOR TO COMMENCEMENT OF HARDSCAPE CONSTRUCTION, ALL PIERS, FOOTINGS, AND WALLS ARE TOBE SURVEYED, LAID OUT, AND STAKED IN FIELD FOR REVIEW BY LANDSCAPE ARCHITECT. CONTRACTORSHALL ASSUME RESPONSIBILITY FOR ANY DEMOLITION, ADJUSTMENTS, OR RECONSTRUCTIONRESULTING FROM UNAUTHORIZED CONSTRUCTION ACTIVITIES.5.CONTRACTOR IS RESPONSIBLE FOR ALL QUANTITIES PER DRAWINGS AND SPECIFICATIONS. ANYQUANTITIES PROVIDED BY LANDSCAPE ARCHITECT ARE PROVIDED FOR CONVENIENCE ONLY.CONTRACTORS ARE TO BID THEIR OWN VERIFIED QUANTITIES. NOTIFY LANDSCAPE ARCHITECT OF ANYDISCREPANCIES.6.EASEMENTS SETBACKS, BUILDING, CURB AND GUTTER, UNDERGROUND UTILITIES HAVE BEEN SUPPLIEDTO LANDSCAPE ARCHITECT BY THE PROJECT CIVIL ENGINEER. REFER TO CIVIL ENGINEERS DRAWINGSFOR ADDITIONAL INFORMATION.IRRIGATION NOTES:1.AN AUTOMATIC IRRIGATION SYSTEM SHALL BE PROVIDED FOR ALL PLANTING AREAS. OVER SPRAY ONSTREETS AND WALKS IS PROHIBITED.2.IRRIGATION SYSTEMS SHALL BE MAINTAINED AND REPLACED AS NECESSARY.3.ALL PLANTING AREAS TO BE FULLY IRRIGATED.4.IRRIGATION SYSTEM TO HAVE A FULLY AUTOMATED CONTROL SYSTEM.5.ANY EXISTING PLANTING DAMAGED DURING CONSTRUCTION IS TO BE REPLACED AT NO COST THEOWNER.6.IF THE EXISTING IRRIGATION SYSTEM IS DAMAGED OR TURNED OFF DURING CONSTRUCTION ACTIVITIES,IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO HAND WATER ALL PLANT MATERIAL ASNEEDED.PLANTING NOTES:1.LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE LOCATION OF ALL UNDERGROUNDUTILITIES, PIPES, STRUCTURES, AND LINE RUNS IN THE FIELD PRIOR TO THE INSTALLATION OF ANY PLANTMATERIAL.2.IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ADVISE THE LANDSCAPE ARCHITECT OF ANYCONDITION FOUND ON THE SITE WHICH PROHIBITS INSTALLATION AS SHOWN ON THESE DRAWINGS.3.ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION AND MUST BEREPLACED WITH PLANT MATERIAL OF SAME VARIETY AND SIZE IF DAMAGED, DESTROYED, OR REMOVED.4.LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR FINE GRADING AND REMOVAL OF DEBRIS PRIORTO PLANTING IN ALL AREAS.5.FINAL FINISH GRADING SHALL BE REVIEWED BY THE LANDSCAPE ARCHITECT. LANDSCAPE CONTRACTORSHALL BE RESPONSIBLE FOR ANY ADDITIONAL TOPSOIL REQUIRED TO CREATE A SMOOTH CONDITIONPRIOR TO PLANTING.6.ALL PLANT QUANTITIES LISTED ARE FOR INFORMATION ONLY. IT IS THE CONTRACTOR'S RESPONSIBILITYTO PROVIDE FULL COVERAGE IN ALL PLANTING AREAS AS SPECIFIED IN THE PLANT SCHEDULE AND VERIFYALL QUANTITIES.7.LANDSCAPE CONTRACTOR TO PROVIDE STEEL EDGING (REFER TO MATERIALS PAGE) BETWEEN ALLPLANTING BEDS AND LAWN AREAS.8.ALL PLANT MATERIAL SHALL CONFORM TO THE SPECIFICATIONS AND SIZES GIVEN IN THE PLANT LIST ANDSHALL BE NURSERY GROWN IN ACCORDANCE WITH THE AMERICAN STANDARD FOR NURSERY STOCK.LATEST EDITION AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS. ANY PLANT SUBSTITUTIONSHALL BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO PURCHASE.9.LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ANY COORDINATION WITH OTHER CONTRACTORS ON SITEAS REQUIRED TO ACCOMPLISH ALL PLANTING OPERATIONS.10.ALL NEW PLANTING AREAS TO BE AMENDED PER SPECIFICATIONS.11.ANY PLANT MATERIAL THAT DOES NOT SURVIVE SHALL BE REPLACED WITH AN EQUIVALENT SIZE ANDSPECIES WITHIN THIRTY (30) DAYS.12.PLANT MATERIAL SHALL BE PRUNED AS NECESSARY TO CONTROL SIZE BUT NOT TO DISRUPT THENATURAL GROWTH PATTERN OR CHARACTERISTIC FORM OF THE PLANT EXCEPT AS NECESSARY TOACHIEVE HEIGHT CLEARANCE FOR VISIBILITY AND PEDESTRIAN PASSAGE OR TO ACHIEVE A CONTINUOUSOPAQUE HEDGE IF REQUIRED.13.LANDSCAPED AREAS SHALL BE KEPT FREE OF TRASH, WEEDS, DEBRIS, AND DEAD PLANT MATERIAL.14.ALL LIME STABILIZED SOIL & INORGANIC SELECT FILL FOR BUILDING SHOULD BE REMOVED FROMPLANTING AREAS TO A DEPTH OF 24" & REPLACED WITH ORGANIC IMPORTED TOPSOIL FILL.15.TREES OVERHANGING PEDESTRIAN WALKWAYS AND PARKING SHALL HAVE 7' CLEAR TRUNK HEIGHT TOMEET ACCESSIBILITY REQUIREMENTS. TREES OVERHANGING PUBLIC STREETS AND FIRE LANE SHALL HAVEA 14' MIN. CLEAR TRUNK HEIGHT.16.CONTRACTOR TO PROVIDE 12 MONTH WARRANTY AFTER FINAL ACCEPTANCE.17.ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITY (NOT ALREADY INCLUDED IN PLANTING PLANS) TO BEFINE GRADED, AND PLANTED WITH PLANTED WITH PLANTS OR SOD TO MATCH EXISTING CONDITIONS.SYMBOLS LEGEND:CENTER LINECLLIMIT OF WORKMATCHLINEEXPANSION JOINTCONTROL JOINTDETAIL REFERENCEDETAIL NUMBERSHEET NUMBERSECTION REFERENCEMATERIAL REFERENCEELEVATION REFERENCEGENERALABBREVIATIONSTWBWTFFLTOP OF WALLBOTTOM OF WALLTOP OF FOOTINGEJEXPANSION JOINTCJCLCENTER LINEPOBPOINT OF BEGINNINGPOINT OF BEGINNINGCOLTOP OF COLUMNEXISTING SPOT GRADEPROPOSED SPOT GRADEFLOWLINE/INVERT ELEVATIONCONTROL JOINTTSTOP STEPBSBOTTOM STEPTRTOP OF RAMPBRBOTTOM OF RAMPTCTOP OF CURBBCBOTTOM OF CURB735.46TBTOP OF BANDTPTOP OF PAVEMENTTGrTOP OF GRAVELDETAIL NUMBERSHEET NUMBERDETAIL ENLARGEMENTREFERENCEXX.XXX-1TGTOP OF GRADEEJXLX.XXXLX.XXGRADE BREAKLINEBREAKLINEL.O.W.MATCHLINEMATCHLINEL2.XXL2.XXP.O.B.XX.XXMATERIAL LEGEND:METALSSTEEL EDGE (AT PLANTING)MATERIAL: 3/16" x 4" STEEL PLATECOLOR:POWDERCOATED (COLOR BLACK)SIZE:LENGTHS PER PLANSINSTALL: REF. DETAILS, ALL JOINTS TO BE FLUSH AND LEVELM-1ALTERNATES:ALTERNATE ADD #1:SEED IN ALL AREAS SHALL BE CHANGED TO SOD.LANDSCAPE PLANANNA ISD PARK ADDITIONLOT 246.71 ACRES / 2,034,688 SFGWYN MORRISON SURVEY, ABSTRACT NO. 559CITY OF ANNA, COLLIN COUNTY07/24/202305PROJECT:SLAYTER CREEK PARK SKATE PARK LANDSCAPING AND IRRIGATION BUILDING SKATEBOARDINGEdgewater, FL 32132 newlineskateparks.com137 W. Marion Ave. #1 P 604.530.1114F 604.530.1119NEW LINE SKATEPARKS INC.LOCATION:COPYRIGHT RESERVED. THIS DRAWING AND DESIGN IS THE PROPERTYOF NEW LINE SKATEPARKS INC. AND MAY NOT BE REPRODUCED OR USED FOR OTHER PROJECTS WITHOUT PERMISSIONBYDRAWING NUMBER:REVDRAWN:SCALE:30"x42"CONTRACTOR SHALLCHECK ALLDIMENSIONS ON THEWORK AND REPORTANY DISCREPANCY TOTHE CONSULTANTBEFORE PROCEEDING.ALL DRAWINGS ANDSPECIFICATIONS ARETHE EXCLUSIVEPROPERTY OF THEOWNER AND MUST BERETURNED AT THECOMPLETION OF THEWORK.No DATEDESCRIPTIONDRAWING TITLE:PROJECT NUMBER:CHECKED:APPROVED:START DATE:PAGE SIZE:DECEMBER 2022NJFAJB064642000AS SHOWN425 W. Rosamond Parkway, Anna, TX 75409 Slayter Creek ParkAJB SITE AMENITIES PACKAGE ISSUE FOR CONSTRUCTION TX F-928 McKinney, TX 75069 Suite 100 260 East Davis Street Kimley-Horn www.kimley-horn.com P 469 301 2580 SAETSTA5OF07ETX AND R JE WBUDKE3.07.24.2023.06.22.2023.NFASI FIELD DIRECTIVE #407.24.2023.NFCITY REVISION #5329310 - PLANTS (CONT.)329200 - TURF AND GRASSESSPECIFICATIONS:329510 - LANDSCAPE MAINTENANCEPART 1 - GENERAL1.1 SECTION INCLUDESA. Furnish all labor, material, equipment, related services and supervision necessary for or incidentalto the installation of the trees and plants as shown or indicated on the Drawings and/or asspecied.B. Work Included:1. Trees.2. Shrubs.3. Mulching.4. Bed Preparation.1.2 REFERENCE STANDARDSA. American Standard for Nursery Stock, Edition approved May 2, 1986 by American NationalStandards Institute, Inc. - plant material.1.3 SUBMITTALSA. Delivery Receipts and Invoices: Submit original delivery receipts and invoices for materials used.B. Product Data: Submit manufacturer's product data sheets for proprietary productsC. Samples:1. Submit photos of trees and source nursery information to the Architect for review prior to treetagging.2. Submit for approval sucient representative quantities of sandy loam, composted organicmaterial, steel edging, mulch, peat moss and crushed rock. Samples shall be approved bythe Architect before use on project.D. Soil Fertility Test Reports:1. Submit analysis, test results and corrective recommendations to Architect.2. Two tests required of existing soil taken at dierent locations on the project site as directedby the Architect.3. One test required of the specied composted organic material mixed in equal parts with theexisting topsoil.1.4 DELIVERY, STORAGE AND HANDLINGA. Deliver packaged materials in containers showing weight, analysis and name of manufacturer.B. Protect materials from deterioration during delivery and while stored at the site.1.5 PROJECT CONDITIONSA. Site Inspection:1. It is the bidding contractors' responsibility to review all site conditions, as they relate to theproposed project, prior to submission of a bid. Any issues or concerns will be submitted tothe Architect prior to bidding. Submission of a bid will indicate that the bidding contractorhas made a site inspection.B. Utilities:1. Determine locations of underground utilities and perform work in a manner which will avoidpossible damage. Do not permit heavy equipment such as trucks to damage utilities. Handexcavate, as required to minimize possibility of damage to underground utilities. Maintaingrade stakes until removal is directed.2. Coordinate with irrigation work to prevent damage to temporary risers of undergroundsprinkling system and obstruction of work located in landscape areas.C. Protections:1. Do not move equipment over existing or newly placed structures without the Architect'sapproval.2. Provide board roading as required to protect paving and soft soil.3. Protect other improvements from damage, with protection boards, ramps and protectivesheeting as required.4. Locate and stake irrigation heads, valve risers and equipment prior to beginning soilpreparation work.5. During work and maintenance period, maintain topsoil and prepared soil in place atestablished grades. Replace topsoil, prepared soil and mulch due to erosion.D. Delivery and Storage:1. Store materials in area covered with protective sheeting.2. If balled plants cannot be planted within 24 hours after delivery to site, protect root balls byheeling in with sawdust or other approved material.1.6 SUBSTANTIAL COMPLETION & PROJECT CLOSEOUTA. A Certicate of Substantial Completion will be issued when the Work performed under the Contracthas been reviewed and found, to the Architect's best knowledge, information and belief, to besubstantially complete. Substantial Completion is the stage in the progress of the Work when theWork or designated portion thereof is suciently complete in accordance with the ContractDocuments so the Owner can occupy or utilize the Work for its intended use. The date ofSubstantial Completion of the Project or portion thereof is also the date of commencement ofapplicable guarantees as specied.B. A list of items to be completed or corrected will be attached to the Certicate of SubstantialCompletion. The failure to include any items on such list does not alter the responsibility of theContractor to complete all Work in accordance with the Contract Documents.C. The Contractor will complete or correct the Work on the list of items within a specic number ofdays as shown on the Certicate of Substantial Completion.D. Upon completion and re-inspection of all corrected items listed, the Architect will recommend tothe Owner that the work of this Section is ready for nal acceptance.1.7 QUALITY ASSURANCEA. General: Comply with applicable Federal, state, county and local regulations governing landscapematerials and work.B. Installer Qualications: The bidding company will specialize in landscape installation with 5 yearsdocumented experience. The contractor will sta the project with a competent superintendent andthe necessary assistants as approved by the Architect. The superintendent will not be changedexcept with the consent of the Architect and Owner. The superintendent must have a minimum 5years' experience with similar projects.C. Personnel: Employ only experience personnel who are familiar with the required work. Provideadequate supervision by a qualied foreman.1.8 GUARANTEEA. Guarantee plants and trees for one year after date of Final Acceptance. Replace dead materials andmaterials not in vigorous, thriving condition as soon as weather permits and on notication by theArchitect. Replace plants, including trees, which have partially died thereby damaging shape, sizeor symmetry.B. Replace plants and trees with same kind and sizes as originally planted, at no cost to the Owner.At direction of the Architect, trees may be replaced at start of next year's planting or diggingseason. In such cases, remove dead trees immediately. Protect irrigation system and other piping,conduit or other work during replacement. Repair damage immediately.1.9 PROGRESS MEETINGSA. Contractor shall attend all progress meetings as requested by the Architect/Owner duringinstallation.1.10 QUANTITY VERIFICATIONA. The bidding contractor is responsible for the inclusion of all materials, labor, and equipment asoutlined in the plans and specication. The plant list is provided to the bidding contractor as aconvenience and the quantities are approximate.B. VERIFICATION OF ALL QUANTITIES IS THE SOLE RESPONSIBILITY OF THE BIDDINGCONTRACTOR. Any discrepancies must be reported to the Landscape Architect prior to submittalof bid.C. The Contractor is required to install the specied type and quantity of composted organic materialpurchased from the specied supplier. Soil Building Systems will e-mail the Architect, as ordersare being placed, for verication that the specied material, quantity and supplier are being used.PART 2 - PRODUCTS2.1 PLANTSA. General: Plants shall be well-formed No. 1 grade or better nursery stock in accordance withrequirements of reference standards, subject to the Architect's approval. Listed plant heights arefrom tops of plant balls to the nominal tops of plants.B. Shrubs: Nursery grown, healthy, vigorous, bushy, well branched, of normal habit of growth forspecies, free from disease, insects, eggs and larvae. Specied sizes shall be before pruning, andplants shall be measured with their branches in normal position. The Architect prior to installationwill approve all plants.C. Ornamental Trees: Healthy, vigorous, full branches, well shaped, trunk diameter and heightrequirements as specied. Balls shall be rm, neat, slightly tapered and well burlaped. Trees withloose or broken balls at time of planting shall be rejected. Each tree will be approved by theArchitect prior to installation. Balls shall be 10 inches in diameter for each 1 inch of caliper. Allballed and burlaped trees and shrubs will be dug and stored for a minimum of 60 days prior toplanting on this project. All trees shall have excess soil removed from the top of the root ball so theroot are is exposed.D. Caliper: Trees 4 inches and less are measured 6 inches above top of root ball.E. Trees connected to stakes at the nursery are not acceptable and will be rejected.2.2 SOIL PREPARATION MATERIALSA. Sandy Loam: Fertile, dark sandy loam free of rubble, stones, lumps, plant roots and reasonablyfree of weeds. Loam containing nut grass or Dallisgrass shall be rejected.B. Commercial Fertilizer: Complete fertilizer, uniform in composition, dry and free owing. Deliver tosite in original unopened containers, each bearing manufacturer's guaranteed statement of analysis.Lesco 14-14-14 landscape and ornamental fertilizer with micronutrients.C. Composted Organic Material: Soil Building Systems -or- The Organic Recycler`Ph Balanced'Compost with a ph of 5.5 to 6.5 and shall be free of treated or used lumber, pine bark or mushroomcompost waste. 97% Of the material shall pass through a .5 inch screen and 100% shall passthrough a .75 inch screen.2.3 MISCELLANEOUS MATERIALSA. Crushed Rock: Washed .75 inch to 1.5 inches in diameter.B. Tree Staking: Arborguy @ (866) 272-6771,1. Trees up to 4 inch caliper - Arborguy PRO40HD.2. Mulch: Partially decomposed ne shredded Cedar mulch.C. Filter Fabric: Mira 140N by Celanese Fibers Marketing Co. or equal.D. Fertilizer Tablets: BioPlex Planting Tablets, 15 gram, 12-8-8. BioPlex @ 1-800-441-3573E. 4 inch PVC pipe and cap CUA 55 200.F. Technical Concentrate and Plant Enhancer: BioPlex @ 1-800-441-3573 Pre-Emergent Herbicide:Barracade or Pre-M.2.4 MAINTENANCEA. Provide water and necessary hoses and other watering equipment required to complete work.B. Until Final Acceptance, maintain plantings and trees by watering, cultivating, weeding, spraying,cleaning and replacing as necessary to keep the landscape in a vigorous, healthy condition andrake bed areas as required.C. Follow landscape maintenance procedures outlined in Specications Section 329510 - LandscapeMaintenance.329310 - PLANTS3.4 FERTILIZINGA. The fertilizer types and rates specied herein are applicable unless countermanded by the soilfertility test corrective recommendations, in which case they will be applicable.B. Sodding:1. Initial Application: Apply no more than 5 days prior to commencement of sodding operationsat a rate of 20 pounds per 1,000 square feet. Incorporate into soil with a chain harrow.2. Second and Third Applications: Apply every 25 days after sodding at a rate of 10 pounds per1,000 square feet.3. Irrigate the area with a minimum of .25 inches of water to properly incorporate the fertilizerinto the turf.3.5 PLANTING SODA. Weather Conditions:1. Schedule work for periods of favorable weather.2. Sod placement on days which, in the judgment of the Landscape Architect, are too hot, cold,sunny, dry or windy for optimal installation may be prohibited.B. Placement Pattern:1. The rst row shall be laid in a straight line with subsequent rows parallel to the rst row andtightly abutting each other.2. Lateral joints shall be staggered. Care shall be exercised to insure that the sod is neitherstretched nor overlapped. Joints must be butted tightly to prevent voids that could permit airto dry out root.3. Immediately after placing, sod shall be pressed rmly into contact with bed by tamping orrolling to eliminate air pockets. Following tamping, screened topsoil shall be used to ll allcracks and excess soil shall be worked into the sod with rakes or other suitable equipment.Sod shall not be smothered with excess ll soil.4. On slopes steeper than 3 to 1, sod shall be secured by galvanized pins, wood pegs or othermethods approved by the Landscape Architect.5. Immediately after sodding operations have been completed, the entire surface shall becompacted with a roller or other approved equipment. The completed area after sodding shallbe uniformly even, rm and true to nished grade lines.C. Watering:1. Initial Installation: Water must be applied within 2 hours of exposure of the sod to sun orwind. Water newly laid sod until saturation of the entire area is apparent. As a result of initialirrigation, standing water may be present and moderate to heavy run o may occur. Continueto irrigate on a daily basis in shorter durations so the entire area stays thoroughly wet butwithout standing water. The length of irrigation time and frequency of applications will vary atdierent locations due to weather conditions and individual site characteristics.2. After 7 to 10 days: Check for new root growth by lifting corners of sod blocks. If consistentroot growth over the entire site is observed, water applications can be reduced to once everyother day.3. After 12 to 14 days: Recheck for additional rooting. If sod blocks are dicult to pull up oradditional new roots are present allow the area to dry to the extent that mowing can beperformed.3.6 GRADINGA. Maintain existing established grades, protect true and even during operations.3.7 EROSION CONTROLA. During work and maintenance period, maintain topsoil in place at established grades. Replacetopsoil and turfgrass losses due to erosion.3.8 CLEAN-UPA. Remove excess material and debris from site.3.9 MAINTENANCEA. Until Final Acceptance, maintain lawn and grass areas by watering, mowing, weeding, spraying,cleaning and replacing as necessary to keep the turf and grass in a vigorous, healthy condition.1. Watering: As necessary. Provide temporary above ground sprinklers over un-irrigated areasincluding temporary water meter if required. Water cost will be paid separately by the Owneror General Contractor unless noted dierently on the drawings or bid form.2. Mowing:a) Zoysia Grass Sod: Mow newly planted grass areas weekly after initial growth reaches1.5 to 2 inches.3. Weeding: Remove weeds and foreign grass over lawn and grass areas at least once a week.Herbicides may be used only when approved by the Owner and Architect.4. Follow landscape maintenance procedures outlined in specication section 329510 -Landscape Maintenance.END OF SECTIONPART 1 - GENERAL1.1 SECTION INCLUDESA. This section species all soil material designated as Topsoil on the drawings or in thespecications.1.2 SUBMITTALSA. Samples1. Provide (3) 1-gallon samples for each soil type.2. Each sample to be a composite of ve to seven (5-7) sub-samples taken the full depth ofproposed source. On stockpiles, discard upper 6 inches of soil before sampling.3. Place samples in plastic bags, seal, and place in second paper bag, and label.B. Test Reports1. Prior to starting work, submit 2 certied copies of soil test reports to the Architect forapproval.2. Costs of all tests to be borne by the Contractor.1.3 QUALITY ASSURANCEA. All soil samples and testing shall comply with procedures specied in:1. U.S.D.A. Ag. Handbook 60: Diagnosis and Improvement of Saline and Alkali Soils.B. Testing Laboratories1. Certied facilities normally engaged in agronomic soil testing shall be utilized.A. Required Topsoil Tests1. Chemical analysis indicating:a.Fertility: pH, nitrate nitrogen, ammonia nitrogen, phosphate phosphorous, potassium,calcium, magnesium, zinc, iron, and manganese.b.Suitability: total salinity, boron, sodium, potassium, calcium, magnesium, chloride, andsulfate.2. Physical properties include:a.Organic contentb.Particle size distributionPART 2 - PRODUCTS2.1 TOPSOILNOTE: Topsoil needs to be imported "Turfblend" from Texas Pure Products. 4" in all turf areas, and 6" inall median planting beds.A. On-grade topsoil for the work shall conform to the requirements included in this Section1. A natural, friable, loamy soil, typical of local topsoil which produces heavy vegetative growth,free from subsoil, weeds, sods, sti clay, stones larger than ½ inch, toxic substances,debris, or other substances which may by harmful to plant growth.2. The pH range shall be 6.5 to 7.5.B. Grading Analysis: Two inch sieve, 100 percent passing. Number 4 sieve, 90 percent minimumpassing. Number 10 sieve, 80 percent minimum passingC. Sand, silt and clay content:1. Sand: 20 to 75 percent.2. Silt: 10 to 60 percent.3. Clay: 5 to 30 percent.D. All topsoil shall be free from all herbicides and insecticides which may adversely aect growth oflawn or planting, or which may contain toxic materials.E. Do not deliver in muddy condition.F. The Contractor shall not use materials which do not conform to these criteria. At the discretion ofthe Landscape Architect, such material can either by amended to meet these requirements, or willbe removed from the site and replaced with suitable material as specied.PART 3 - EXECUTION3.1 Not UsedEND OF SECTION329119 - TOP SOILPART 1 -GENERAL1.1 SECTION INCLUDESA. Landscape Maintenance Contractor shall furnish all labor, equipment, chemicals and fertilizernecessary to maintain newly planted landscaping leaving plants in a vigorous, healthy statethrough the end of the stated maintenance period. Maintenance shall consist of watering,weeding, fertilizing, disease and insect pest control, pruning, aerating, protective spraying andany other procedures consistent with good horticultural practice necessary to insure normal,vigorous and healthy growth of all landscape materials under this contract. Trash and debris willbe removed from the project during each regular site visit. Maintenance shall begin followingnal acceptance of the landscape installation.B. The Landscape Maintenance Contractor shall be responsible for the use of all his/her materials,labor and equipment. Injury to plant material caused by such maintenance, labor and equipmentshall be corrected and repaired by the Landscape Maintenance Contractor at his/her expense.This includes both reseeding areas damaged by tractor treads when mowing is conducted at aninappropriate time, as determined by the Owner or his/her agent, and replacement of any plants,hardscape, or other amenities on the site when damaged by the Contractor's equipment,materials or agent(s).1.2 INSURANCEA. Contractor shall provide to the Owner, at his own expense, evidence of adequate Workman'sCompensation, General Liability and Property Damage Liability, subject to approval of the Owner.1.3 CLEAN UPA. All debris, tools, surplus materials, equipment, etc. shall be removed after each regular visit fromthe maintenance crew. The site shall be left in a neat, acceptable condition such as to meet theapproval of the Owner.1.4 LICENSE REQUIREMENTSA. Pesticide: The Contractor shall be a licensed pesticide applicator or employ a licensed certiedpesticide applicator for the treatment of insects and diseases as required by the Texas PesticideLaws and Regulations of the Texas Department of Agriculture. The Owner may requiredocumentation of such certication as necessary for his records.B. Herbicide: The Contractor shall possess a permit or employ a person who possesses a permit toapply herbicide as required b the Texas Herbicide Law of the Texas Department of Agriculture.The Owner may require documentation of such certication as necessary for his records.C. Irrigation: The Contractor shall possess an irrigator's license issued by the State of Texas and theTexas Board of Irrigators or employ such a licensed irrigator to perform the irrigation systemmaintenance. The irrigation system shall be maintained under the supervision of the licensedirrigator who shall be on the site at all times during this work.The Owner may require documentation of such license for his records. The Contractor shallverify and adhere to the requirements and codes of any controlling utility authorities.PART 2 -PRODUCTS2.1 COMMERCIAL FERTILIZERA. Complete fertilizer, uniform with composition, dry and free owing, delivered to site in originalunopened containers, each bearing manufacturer's guaranteed statement of analysis.1. Shrubs & groundcover at 10-20-10 analysis.2. Turf at 15-5-10 analysis.3. Turf at 21-0-0 analysis.4. Trees at 32-7-7 analysis (Injecto-Feed).5. Trees at 0-4-4 analysis (Agri-Plex).2.2 SOIL FERTILITY TESTA. The Contractor will be required to furnish the Owner with two (2) soil fertility reports includingcorrective recommendations.B. The exact location of each soil sample taken will be provided by the Architect or Owner.C. Soil fertility testing will be conducted by a laboratory specializing in this type of testing andapproved by the Architect or Owner.2.3 MULCHA. Partially decomposed dark brown, ne shredded hardwood bark mulch.2.4 WATERA. Water will be supplied by the Owner.2.5 PLANT REPLACEMENTA. It will be the responsibility of the Landscape Maintenance Contractor to replace any and all plantmaterial that is dead or damaged due to non-performance of the contracted scope of work,un-supervised personnel or un-supervised subcontractors.2.6 PESTICIDES AND HERBICIDESA. Pesticides and herbicides shall be of the type that is commercially available.PART 3 -EXECUTION3.1 TREE AND SHRUB MAINTENANCEA. The Scope of Work for plant maintenance includes all possible means required to preserve theplants and vegetative material existing within the site in a healthy and vigorous growing conditionto insure their successful establishment. Plant maintenance shall include, as a minimum, thefollowing items.1. Pruning: All trees and shrubs, within the limits of landscape maintenance, shall bepruned by the Contractor to the satisfaction of the Owner. Pruning shall be done inaccordance with accepted pruning practices as set forth by the National ArboristAssociation in Pruning Standards for Shade Trees (current edition). Dead or damagedlimbs on trees and shrubs, including sucker-growth on trunks of trees, are to be removedCrape Myrtles will be pruned in late winter to remove seed heads and dead wood.Suckers will be removed as needed throughout the year. All pruned materials shallbecome the property of the Contractor and shall be disposed of in a manner acceptable tothe Owner. Unless directed dierently in the contract documents, pruning shall beaccomplished once during the term of this contract.2. Insect, Disease, and Animal Control: The Contractor shall inspect the plants and plantedareas once each two (2) weeks or as approved by the Owner. The Contractor shall berequired to notify the Owner in writing of problems with insects, diseases, or animals assuch problems arises. The Contractor also shall recommend corrective measures inwriting.3. The Contractor shall treat the plants and/or the planted areas in accordance with acceptedmethods of horticultural practices and the Texas Department of Agriculture guidelinesregarding the use of pesticides. The Contractor also shall follow the manufacturer'sinstructions for the use and application of any pesticides.4. Bed Maintenance: The Contractor shall maintain the plant basins and beds free of weedsand grass or other material detrimental to the growth of the plants or appearance at thesite. Herbicides, when used by the Contractor, will under no circumstances be used ondays where the wind could cause drift hazard to desirable plants. The Contractor shallalso follow the manufacturer's instructions for the use and application of any herbicide.Two pre-emergent herbicide applications will be made per year along with manualweeding and post emergent herbicide applications as required. All shrub and groundcoverbeds shall be fertilized two (2) times per year at a rate of 2 lbs. Per 1,000 square feet.Hardwood mulch shall be maintained to a minimum depth of two (2) inches, in all bedareas.5. Re-staking and re-bracing of Plants: Any damaged or destroyed stakes, guys or bracesshall be replaced by the Contractor. This shall include any adjustment to the staking orguying to prevent girdling of plants. Adjustment will be made to tighten wires and cablesas required.6. Tree Mulching and Fertilization:a) Maintain a 2” layer of shredded hardwood mulch over all tree root balls in turfareas. Add new mulch as required.b) Deep root fertilize all trees with a combination of Injecto-Feed 32-7-7 and Agri-Plex0-4-4 with 2 percent magnesium, 2 percent water soluble magnesium, 3 percentsulfur, .02 percent boron, 5 percent iron, .5 percent manganese and .5 percentzinc. Mix 20 pounds of Injecto-Feed and 1 gallon of Agri-Plex in 100 gallons ofwater. Apply this solution at the rate of 5 gallons per inch trunk diameter measuredat breast height. Space injection points at 2.5 foot intervals starting 2 feet beyondthe drip line. Apply .5 gallon of solution per injection site. Soil injections should bemade 6 to 8 inches deep using an injector probe at 150 to 200 PSI. Keep fertilizersolution agitated during application. Where trees are closely spaced and haveoverlapping treatment areas, inject only once in those areas. Do not double injectthese areas. For trees growing in wells surrounded by concrete, water or otherhard surfaces, drench the top of the root ball with 10 to 15 gallons of fertilizersolution.3.2 TURF AND GRASS MAINTENANCEA. Zoysia Grass:1. Mowing and Trimming: All lawns shall be mowed approximately every seven days Aprilthru September, three (3) times per month in March and October and once monthlyNovember thru February. All sidewalks and curbs shall be edged, and trimming around alltrees and other objects within turf areas shall occur in concurrence with the maximummowing cycles. The Contractor shall use power equipment as approved by the Owner.Nylon cord trimmers shall not be used inside plant basins or beds around plant material2. Fertilization: Zoysia grass shall be fertilized in March, May, July and September for a totalof four (4) applications. Approximately 1.5 to 2 lbs. nitrogen will be applied per 1,000square feet per application. Various analyses and blends of fertilizers can be used basedon soil tests results.3. Weed Control: Zoysia grass shall be treated with two (2) pre-emergent herbicide and four(4) post-emergent herbicide applications for a total of six (6) applications. Herbicideapplications will only be required on established stands of grass.4. Insect, Disease and Animal Control: The Contractor shall inspect all lawn areas once eachtwo (2) weeks or as approved by the Owner. The Contractor shall be required to notify theOwner in writing of problems with insects, diseases, or animals as such problems arises.The Contractor also shall recommend corrective measures in writing.PART 1 - GENERAL1.1 SECTION INCLUDESA. Furnish all labor, material, equipment, related services and supervision necessary for or incidental to negrading all disturbed areas within the limits of work as shown or indicated on the Drawings and/or asspecied.PART 2 - PRODUCTS2.1 LIMITS OF WORKA. The areas to be ne graded are all those disturbed areas within the limits of work as dened on theconstruction documents.2.2 SEQUENCE OF WORKA. Fine grading will not be attempted until all construction involving heavy equipment and vehicles is complete.B. After ne grading is accomplished, it shall be the Contractor's responsibility to protect all ne graded areasfrom vehicular trac or other disruptive activities. Damages to the ne graded surfaces will be restored to asatisfactory condition as prescribed herein until the job is completed and accepted by the Architect.2.3 FINE GRADING OPERATIONSA. The following measures will be executed in the accomplishment of ne grading areas to be planted inturfgrass. The Contractor may elect to use additional or supplemental measures to accomplish ne grading.1. Fine grading will be executed with any or all of the following or other appropriate machinery: lightweightroad grader, tractor box blade, discing machinery, weighted spike harrow, and weighted drags. BullDozer blades or front end loader buckets are not acceptable devices for ne grading operations.2. It is anticipated that some areas of earth embankment and high trac areas may becomeovercompacted and resistant to proper grading. Such areas will be loosened and pulverized withdiscing machinery and will then be recompacted to normal density before ne grading. The use of awatering truck to moisten dried and hardened areas may be necessary.2.4 ACCEPTABILITYA. The Architect will determine if ne graded areas are acceptable. Areas deemed unacceptable will be correctedand re-graded until they are acceptable.PART 3 - EXECUTION3.1 INSPECTIONA. Examine areas and conditions under which ne grading is to be performed and notify Owner/Architect ofconditions detrimental to the proper and timely completion of the work.3.2 PREPARATIONA. Provide adequate protective measures of shoring, bracing, piling, planking and cribbing to protect existingadjacent construction.1. Protect all reference points, benchmarks and monuments from dislocation or damage. Replace orrepair immediately any points damaged, destroyed, or dislocated.2. Sprinkle and dampen all dusty material from the beginning of work to its completion.3. Protect and maintain all conduits, drains, inlets, sewers, pipes and wires that are to remain.4. Provide, erect and maintain all lights, barricades, warning signs and guards as necessary.B. The Contractor shall layout all work required and is responsible for all elevations, dimensions and vericationof actual conditions. Refer discrepancies to the Architect for interpretation or required modications.C. Remove grass, weeds, trees, shrubbery, roots and other vegetation from the areas to be ne graded. Treeroots of protected trees shall not be disturbed. Contractor shall remove vegetation and organic matter by handlabor in tree root zone areasD. Coordinate work with Architect in tree root zone areas.3.3 PUMPING AND DRAINAGEA. Keep ne graded areas free from water, ice and snow at all times. Prevent water from interfering withprogress or quality of the work.3.4 RECONDITIONING FINISHED GRADEA. Where approved grades are compacted or disturbed by Contractor's subsequent operations or adverseweather, the nished grades shall be scaried and re-graded as specied herein prior to further constructionthereon.3.5 GRADINGA. Establish grades by means of grade stakes placed as required. Hold down sub grade to allow depths requiredfor topsoil placement.B. Fine grade to the elevations required by the drawings.C. Imported topsoil, if required, will be furnished by the Contractor and installed in landscape planting and lawnturf areas as indicated on the landscape plan. Native topsoil will be placed in the areas from which they weresalvaged from as per the drawings.D. Finish grade to the elevations required by the drawings and for proper drainage. At intermediate points, forwhich nish grades are not indicated, the nish grade shall be of uniform level of slope between points forwhich elevations are given. Round any abrupt changes in elevation.3.6 ADJUSTMENTS AND CLEANINGA. Settlement or washing that occurs in ne graded areas prior to acceptance of work shall be repaired andgrades re-established to the required elevations and slopes.B. Cleanup all debris caused by the work of this section, keep the site clean and neat at all times.END OF SECTION322216 - FINE GRADINGPART 3 - EXECUTION3.1 EXAMINATION AND PREPARATIONA. Examine sub-grade and other related construction for defects that adversely aect Work.B. Do not proceed until unsatisfactory conditions have been corrected.C. Plant trees and shrubs during normal seasons for such work in the project location and only whenweather conditions are suitable.D. Plant trees and shrubs after nal grades are established and prior to planting of lawns.E. Additional soil amendments may be required per soil test results.3.2 BED PREPARATIONA. When grassy or broadleaf weeds are present, spray with Roundup, a non-selective systemicherbicide, for 100% control. When Nut Sedge is present, spray with Manage, a selective postemergent herbicide, for 100% control. Application of post emergent herbicides is to be performedby a licensed applicator.B. Layout and stake beds for Architect's approval prior to installation of steel edging and planting.C. Excavate existing soil from beds as needed to allow for installation of the specied organiccompost and mulch. Excavated materials will be removed from the site as required by theArchitect and Owner.D.IMPORTANT: Provide 4 inches of composted organic material in shrub and groundcover beds.E.Till to a depth of 8 inches.F. Add commercial fertilizer at 7 pounds per 1,000 square feet of bed area and apply prior toapplication of mulch.A. The fertilizer type and rate specied herein is applicable unless countermanded by the soil fertilitytest corrective recommendations, in which case they will be applicable.G. Grade beds to allow for free ow of surface water to the bed edge and away from buildings. Bedswill be mounded 2 inches to 3 inches and tapered at the edges to meet existing grade.3.3 SHRUB SPACINGA. Place plants in position on bed areas before containers have been removed. Obtain approval fromArchitect. Do not remove burlap from shrubs.B. Plant where located, setting plants with tops of balls even with tops of beds, and compact soilcarefully around each plant ball.C. Remove binding materials (such as twine, nylon cord, and wire) from plant trunk.D. Water each plant thoroughly with hoses to eliminate air pockets.E. Carefully prune plants to remove dead or broken branches and hand-rake bed areas to smooth,uneven surfaces.F. Architect reserves the right to interchange or shift locations of plants prior to planting.G. Apply pre-emergent herbicide, at the recommended rate, three weeks after plant installation hasbeen completed and prior to mulch installation.3.4 PLANTINGA. Ornamental Trees and Large Shrubs:1. Plant trees and shrubs in pits 3 times greater in diameter than root ball. Top 1/3 of backllwill be 20% compost mixed with 80% native soil. Bottom 2/3 of backll will be 100% nativesoil. Carefully settle by watering to prevent air pockets.2. Add fertilizer tablets at the rate of four (4) per 1 inch caliper for trees and four (4) per 24inches of height for large shrubs. Follow label directions for placement of tablets.3. Carefully prune trees to remove dead and broken branches.4. Place root ball in the center of the hole. Do not handle tree by the trunk to place in hole.Scarify and roughen sides of hole where glazed by mechanical excavation.5. Make sure the root are is 2 inches higher than the adjacent soil elevation. The top of theterminal roots at the outer edge of the root ball should be even with or slightly higher than theadjacent soil elevation. Set root ball on undisturbed soil.B. Shrubs Outside Of Beds:1. Plant shrubs in pits as sized below. Backll mix will be 50% existing soil and 50% compost.Excess excavated material will be removed from the site as required by the LandscapeArchitect and Owner. Set root ball on undisturbed soil.Container Size Pit Size1 Gallon10” Diameter x 8” Depth2 Gallon14” Diameter x 10” Depth3 Gallon16” Diameter x 12” Depth5 Gallon20” Diameter x 14” Depth7 Gallon24” Diameter x 16” Depth2. Add fertilizer tablets at the rate of four (4) tablets per 24 inches of plant height. Place tabletsFollow label directions for placement of tablets.3. Carefully prune plants to remove dead and broken branches.3.5 SUMMER DIGGING & TRANSPLANTINGA. To minimize transplant shock, plant decline, defoliation or loss to all balled and burlaped plants.1. Apply Technical Concentrate and Plant Enhancer to plants 24 to 96 hours prior to digging ortransplanting.2. Apply with both a foliar and root drench at identical dilutions of 1.0 . oz. (low stressconditions) to 3.0 . oz. (high stress conditions) per inch of trunk diameter or each 24 inchesof plant height. Mix into 5 to 10 gallons of water for each 1 inch of trunk diameter and 24inches of plant height.3. Re-apply in 15 to 30 days or sooner if extreme environmental stress requires Re-apply ateither a rate of 1 to 3 . oz. per inch of trunk diameter or 5 to 7 . oz. per 5 to 10 gallons ofwater.3.6 TREE SUMPSA. Perform percolation test for each tree pit and install sump detail only when satisfactory drainagedoes not occur within 24 hours.B. Excavate sump pit to a minimum depth of 4 feet 6 inches below bottom of root ball and a minimumof 12 inch diameter.C. Install 4 inch diameter PVC pipe and cap. The portion of pipe in crushed rock is to be perforated.D. Place crushed rock per tree planting detail.E. Place lter fabric over top of crushed rock and 12 inches up side of tree pit.F. Paint PVC cap, color to be selected. Drill 5/8 inch diameter hole in top of cap.3.7 STAKING TREESA. Stake trees immediately after planting as shown on planting details.B. All container grown and containerized trees will be staked per the tree planting detail.C. All balled and burlap trees are not required to be staked but maybe guyed with the Architectsapproval.D. It will be the Landscape Contractor's responsibility to maintain trees in a plumb position through thewarranty period whether they are guyed or not.3.8 MULCHINGA. After planting has been completed and approved by Architect, cover all bare soil around plants.The depth shall vary depending on the plants being mulched. Large plants will receive a 3 inchdepth and plants in 4 inch pots and smaller will receive a 1 inch depth. At no time will mulch comein contact with the stems of plants. Delay mulching in shrub beds until after application ofpre-emergent herbicide and near substantial completion of the project.3.9 CLEANUPA. During work, keep premises neat and orderly including organization of storage areas. Trash,including debris resulting from removing weeds or rocks from planting areas, preparing beds, orplanting plants, shall be removed from site daily as work progresses.B. Keep sidewalks, streets and courtyard areas clean by sweeping or hosing.3.10 MAINTENANCEA. Water will be provided by the Owner. Provide necessary hoses and other watering equipmentrequired to complete work.B. Until Final Acceptance, maintain plantings and trees by watering, cultivating, weeding, spraying,cleaning and replacing as necessary to keep the landscape in a vigorous, healthy condition andrake bed areas as required.\C. Follow landscape maintenance procedures outlined in Specications Section 329510 - PlantingMaintenance.3.11 PLANT SCHEDULEA. Refer to schedule on drawings.END OF SECTIONTURF AND GRASSES (CONT.)329510 - LANDSCAPE MAINTENANCE (CONT.)3.3 IRRIGATION SYSTEM OPERATION AND MAINTENANCEA. The scope of work for the operation and maintenance of the permanent irrigation system shallconsist of the monitoring, adjustment, repair and proper operation of the existing irrigation systemas required insuring adequate moisture to the plant material existing on the project. The existingcondition of the system and any known deciencies will be corrected by the Contractor uponapproval by the Owner. The Contractor shall insure that all irrigation zones, rain sensors andfreeze sensors are operating correctly. Include seasonal draining and winterizing of irrigationsystem when required.B. System repairs will include monitoring of the system on a year round bi-weekly basis andreporting of all damaged or trouble areas to the Owner. The Contractors personnel shall repairany damage that may have occurred during the mowing cycle and set automatic systems tocorrect time requirements. Any damage not the fault of the Landscape Maintenance Contractorshall be assessed and brought to the attention of the Owner with an estimate of the subsequentcosts to make the repairs. In the event the irrigation system fails due to the Contractor's actionsor neglect, the Contractor shall furnish plant irrigation by a method and quantity approved by theOwner.END OF SECTIONPART 1 - GENERAL1.1 SECTION INCLUDESA. Furnish all labor, material, equipment related services and supervision necessary for or incidental tothe installation of the lawns and grasses as shown or indicated on the Drawings and/or asspecied.B.Work Included:1. Soil Preparation and Fine Grading.2. Sod.3. Fertilization.1.2 SUBMITTALSA. Delivery Receipts and Invoices: Submit original delivery receipts and invoices for materials used.B. Product Data: Submit sample label or specication of fertilizer.C. Certicate: Submit State Certicate stating variety and purity of grass sod.D. Application Log: Submit daily log sheets of hydro mulch operations with the following information:3. Sod type and amount.4. Fertilizer analysis and amount.E. Soil Fertility Test Reports:1. Submit analysis, test results and corrective recommendations to Architect.2. Two tests required of existing soil taken at dierent locations on the project site as directedby the Architect.1.3 PROTECTIONA. Protect paving surfaces, curbs, utilities, plant materials, and other existing improvements fromdamage by heavy equipment.B. Locate and stake irrigation heads, valve risers and equipment prior to beginning soil preparationwork.C. During work and maintenance period, maintain topsoil in place at established grades. Replacetopsoil and grass losses due to erosion.D. B. Protect in place work from damage by heavy equipment. Prepare, grade, level and replantdamaged areas.1.4 SUBSTANTIAL COMPLETION & PROJECT CLOSEOUTA. A Certicate of Substantial Completion will be issued when the Work performed under the Contracthas been reviewed and found, to the Architect's best knowledge, information and belief, to besubstantially complete. Substantial Completion is the stage in the progress of the Work when theWork or designated portion thereof is suciently complete in accordance with the ContractDocuments so the Owner can occupy or utilize the Work for its intended use. The date ofSubstantial Completion of the Project or portion thereof is also the date of commencement ofapplicable guarantees as specied.B. A list of items to be completed or corrected will be attached to the Certicate or SubstantialCompletion. The failure to include any items on such list does not alter the responsibility of theContractor to complete all Work in accordance with the Contract documents.C. The Contractor will complete or correct the Work on the list of items within a specic number ofdays as shown on the Certicate of Substantial Completion.D. Upon completion and re-inspection of all corrected items listed, the Architect will recommend tothe Owner that the work of this Section is ready for nal acceptance.1.5 QUALITY ASSURANCEA. General: Comply with applicable Federal, State, County and local regulations governing landscapematerials and work.B. Personnel: Employ only experienced personnel who are familiar with the required work. Providesupervision by a qualied foreman.1.6 GUARANTEEA. Guarantee lawns and grasses for one year after date of Final Acceptance. At the end of thisguarantee period, all lawn and grass areas will have achieved coverage of the specied grass at adensity of 100% coverage, free of weeds, undesirable grass species, disease and insects. Replacedead materials and materials not in vigorous, thriving condition as soon as weather permits and onnotication by the Architect.B. Replace lawns and grasses with same kind as originally planted, at no cost to the Owner. Protectirrigation system And other piping, conduit or other work during replacement. Repair damageimmediately.1.7 JOB CONDITIONSA. Do not install sod on saturated or frozen soil.B. Sod installation shall be subject to suitability of the weather and other conditions aecting sodgrowth.1.8 PROGRESS MEETINGSA. Contractor shall attend all progress meetings as requested by the Architect/Owner duringinstallation.1.9 QUANTITY VERIFICATIONA. The bidding contractor is responsible for the inclusion of all materials, labor and equipment asoutlined in the plans and specication. The plant list is provided to the bidding contractor as aconvenience and the quantities are approximate. VERIFICATION OF ALL QUANTITIES IS THE SOLERESPONSIBILITY OF THE BIDDING CONTRACTOR. Any discrepancies must be reported to theArchitect prior to submittal of bid.PART 2 - PRODUCTS2.1 GRASSA. Sod:1. Sod shall be nursery grown on cultivated agricultural soils. Sod shall have been mowedregularly and carefully and otherwise maintained from planting to harvest.2. Sod shall be of species indicated.3. Thickness of Cut: Sod shall be cut to the supplier's standard width and length. Maximumallowable deviation from standard widths and lengths shall be plus or minus .25 inches onwidth and plus or minus 5% on length.4. Broken strips and torn or uneven ends will not be accepted.5. Strength of Sod Strips: Sod strips shall be strong enough to support their own weight andretain their size and shape if suspended vertically when grasped in the upper 10% of thesection.6. Moisture Content: Sod shall not be harvested or transplanted when moisture content(excessively wet or dry) may adversely aect its survival. Sod shall be stored in a compactgroup to prevent drying out or freezing.7. Time Limitations: Sod shall be harvested, delivered and transplanted within a 30 hour periodunless a suitable preservation method is approved by the Architect prior to delivery. Sod nottransplanted within this period shall be inspected for approval by the Landscape Architectprior to its installation.8. Thatch: Sod shall be free of thatch.9. Diseases. Nematodes and Insects: Sod shall be free of diseases, nematodes and soil-borneinsects.10. Weeds: Sod shall be free of objectionable grassy and broadleaf weeds. 2.2 FERTILIZERA. General:1. Fertilizer shall be commercial product, uniform in composition, free owing, and suitable forapplication with approved equipment.2. Deliver fertilizer to site in fully labeled original containers.3. Fertilizer which has been exposed to high humidity and moisture has become caked orotherwise damaged, making it unsuitable for use, will not be acceptable.B. Sod Initial Application:4. 17% nitrogen5. 17% phosphoric acid6. 17% potashC. Sod Second Application:1. 21% nitrogen2. 0% phosphoric acid3. 0% potashPART 3 - EXECUTION3.1 GENERALA. Execute grass planting operations across slope and parallel to nished grade contours.3.2 PRE-PLANT WEED CONTROLA. Irrigated Grass Areas Only:1. After irrigation system is operational, apply water for 5 to 10 days as needed to achieve weedgermination. Apply contact herbicides and wait as needed before planting. Repeat asneeded.2. Maintain lawn and grass areas weed free until nal acceptance by Owner utilizing mechanicaland chemical treatment.3.3 SOIL PREPARATIONA. Tillage:1. Tillage shall be accomplished to loosen all areas of compacted soil. When placement oftopsoil is specied, till compacted areas prior to placement.2. Till with heavy duty disc, rototiller, or chisel-type breaking plow, chisels set not more than 10inches apart. Till to a depth of 1 to 3 inches.3. Initial tillage shall be done in crossing pattern for double coverage then followed by a discharrow.B. Cleaning:1. Remove debris, building materials, rubbish, weeds, and stones larger than 1 inch in diameter.2. Use Rock Pick or other machinery to gather surface stones larger than 1 inch in diameter.C. Fine Grading:1. After tillage and placement of topsoil, level, ne grade, and drag with a weighted spike harrowor oat drag. Eliminate ruts, depressions, humps and objectionable soil clods.2. Soil to be 4" minimum depth of imported topsoil in all turf areas. Topsoil to be Turfblen fromTexas Pure or approved equal.3. Soil to be 8" minimum depth of amended imported soil for all planting bed areas.L1.03PLANTING SPECIFICATIONSPROJECT:SLAYTER CREEK PARK SKATE PARK LANDSCAPING AND IRRIGATION X XXX\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\SLEEVING SHOWN FOR CLARITY.INSTALL LATERALS IN ONESLEEVE AND SIZE SLEEVEACCORDINGLY (TYP.)2" MAINLINEAPPROXIMATE CONTROLLER & RAIN SENSORLOCATION. AVOID OVERHEAD OBSTRUCTIONS ANDOVERSPRAY ASSOCIATED WITH RAIN SENSOR.CONTRACTOR TO CONFIRM LOCATION WITHOWNER.CONTRACTOR TO PROVIDE 110/120V, SINGLEPHASE POWER FOR CONTROLLER.CONTRACTOR TO PROVIDE CONNECTION FROMCONTROLLER TO FLOW SENSOR.COORDINATE/DISCUSS PROJECT LIMITS WITHGENERAL CONTRACTOR TO ENSURE ALLIRRIGATION EQUIPMENT IS INSTALLED WITHINPROJECT AREA.ALL DRIP ZONES TO HAVEMINIMUM 12" SETBACK(CLEAR-ZONE) BETWEENDRIPLINE AND SOD ORPAVEMENT EDGECONTRACTOR TO ADJUST ALL OVERHEAD SPRAYHEADS TO ENSURE MINIMAL OVER-SPRAYOCCURS ON ANY HARDSCAPE SURFACE (TYP).TEMPORARILY IRRIGATE UNTILESTABLISHMENT OF SODMAINLINE & VALVES SHOWN FOR CLARITY.INSTALL MAINLINE AND VALVES 6" FROMB.O.C WHEN POSSIBLE WITHIN GREENSPACE. COORDINATE WITH OTHERDISCIPLINES TO AVOID CONFLICTS (TYP).DO NOT REMOVE EXISTING SLEEVED LINESUNDER PAVEMENT (TYP.)CONTRACTOR TO VERIFY EXISTING METER& BACKFLOW ARE CORRECTLY INSTALLEDAND FULLY OPERATIONAL PRIOR TO ANYCONSTRUCTION.COORDINATE WITH CONTRACTOR FORLOCATION OF EXISTING IRRIGATION WATERMETER AND ASSOCIATED APPURTENANCES(LOCKING GATE VALVE, BACKFLOW, FLOWSENSOR, MASTER CONTROL VALVE, ETC).EQUIPMENT TO BE PLACED IN GREENSPACE.MCV37.31112"222112"35.291"432.2112"TEMPORARILY IRRIGATE UNTILESTABLISHMENT OF SODCRSSYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYHunter MP Corner PROS-06-PRS40-CVTurf Rotator, 6in. pop-up with factory installed check valve,pressure regulated to 40 psi, MP Rotator nozzle on PRS40 body.T=Turquoise adj arc 45-105.1Hunter MP1000 PROS-06-PRS40-CVTurf Rotator, 6in. pop-up with check valve, pressure regulated to40 psi, MP Rotator nozzle on PRS40 body. M=Maroon adj arc 90to 210, L=Light Blue 210 to 270 arc, O=Olive 360 arc.36Hunter MP2000 PROS-06-PRS40-CVTurf Rotator, 6in. pop-up with factory installed check valve,pressure regulated to 40 psi, MP Rotator nozzle on PRS40 body.K=Black adj arc 90-210, G=Green adj arc 210-270, R=Red 360arc.73Hunter PCBFlood Bubbler, 1/2in. FIPT.22SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYArea to Receive DriplineNetafim TLCV-026-12Techline Pressure Compensating Landscape Dripline with CheckValve. 0.26 GPH emitters at 12" O.C. Dripline laterals spaced at12" apart, with emitters offset for triangular pattern. 17mm.1,230 l.f.SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYHunter ICV-G1in., 1-1/2in., 2in., and 3in. Plastic Electric Remote ControlValves, Globe Configuration, with NPT Threaded Inlet/Outlet, forCommercial/Municipal Use.4Hunter HQ-44LRCQuick coupler valve, yellow rubber locking cover, red brass andstainless steel, with 1in. NPT inlet, 2-piece body. Contractor toprovide (2) Hunter HK-44 quick coupler keys.2Isolation Valve1Hunter ICV-G 2"1in., 1-1/2in., 2in., and 3in. Plastic Electric Master Valve, GlobeConfiguration, with NPT Threaded Inlet/Outlet, forCommercial/Municipal Use.1Hunter A2C-1200-SS12-Station controller in an outdoor stainless steel wall mountenclosure.1Hunter WR-CLIKRain Sensor, install within 1000 ft of controller, in line of sight.22-28 VAC/VDC 100 mA power from timer transformer. Mount asnoted.1Hunter HFS-100Flow Sensor for use with ACC controller, 1in. Schedule 40 SensorBody, 24 VAC, 2 amp.1Point of Connection 3"1Irrigation Lateral Line: PVC Class 200 SDR 212,246 l.f.Irrigation Mainline: PVC Class 200 SDR 21561.2 l.f.Pipe Sleeve: PVC Schedule 40120.4 l.f.MCVCRSIRRIGATION SCHEDULEIrrigation PlanAScale: 1" = 20'-0"0'20'40'Scale: 1" = 20'-0"NORTHBUILDING SKATEBOARDINGEdgewater, FL 32132 newlineskateparks.com137 W. Marion Ave. #1 P 604.530.1114F 604.530.1119NEW LINE SKATEPARKS INC.LOCATION:COPYRIGHT RESERVED. THIS DRAWING AND DESIGN IS THE PROPERTYOF NEW LINE SKATEPARKS INC. AND MAY NOT BE REPRODUCED OR USED FOR OTHER PROJECTS WITHOUT PERMISSIONBYDRAWING NUMBER:REVDRAWN:SCALE:30"x42"CONTRACTOR SHALLCHECK ALLDIMENSIONS ON THEWORK AND REPORTANY DISCREPANCY TOTHE CONSULTANTBEFORE PROCEEDING.ALL DRAWINGS ANDSPECIFICATIONS ARETHE EXCLUSIVEPROPERTY OF THEOWNER AND MUST BERETURNED AT THECOMPLETION OF THEWORK.No DATEDESCRIPTIONDRAWING TITLE:PROJECT NUMBER:CHECKED:APPROVED:START DATE:PAGE SIZE:DECEMBER 2022NJFAJB064642000AS SHOWN425 W. Rosamond Parkway, Anna, TX 75409 Slayter Creek ParkAJB SITE AMENITIES PACKAGE ISSUE FOR CONSTRUCTION TX F-928 McKinney, TX 75069 Suite 100 260 East Davis Street Kimley-Horn www.kimley-horn.com P 469 301 2580L2.01IRRIGATION PLANABOVE QUANTITIES PROVIDED FOR CONVENIENCE ONLY. CONTRACTOR TOCONFIRM ALL QUANTITIES PRIOR TO BIDDING.REFERENCE MAXIMUM LATERAL DRIPLINE CHART TO DETERMINE MINIMUMNUMBER OF POINTS OF CONNECTION PER DRIP LINE ZONE.WHERE LAYOUT FLEXIBILITY EXISTS CENTER FEED LAYOUTS MUST BE USED. THISALLOWS FOR EVEN FLOW OF WATER THROUGH THE ZONE.HUNTER ECO-INDICATOR TO BE PLACED IN ALL DRIP AREAS AT THE FURTHESTPOINT OF EACH DRIP RUN.THIS IRRIGATION PLAN IS DESIGNED TO THE FOLLOWING STATS: 65 PSI AND 75GPM. IF WATER PRESSURE DOES NOT MEET DESIGN SPECIFICATIONS A BOOSTERPUMP WILL BE REQUIRED AT COST OF CONTRACTOR. CONTACT LANDSCAPEARCHITECT PRIOR TO INSTALLATION IF SYSTEM HAS +/- 5 PSI THAN DESIGNPRESSURE.EXISTING IRRIGATION NOTESZONES LOWER THAN THE CAPACITY OF THE FLOW SENSOR ARE TO BE WIRED INTHE CONTROLLER WITH ANOTHER ZONE SO THAT THE FLOW SENSOR READS BOTHZONES AS ONE ZONE IN ORDER TO MEET THE FLOW SENSOR'S LOWEST GPMREQUIREMENT. DRIP ZONES REQUIRED TO REMAIN PIPED AS SEPARATE ZONES.1. CONTRACTOR TO CONFIRM EXISTING SYSTEM SOURCE AND BACKFLOW ARE FULLY OPERATIONAL.2. CONTRACTOR TO CONFIRM EXISTING BACKFLOW IS TO SERVE IRRIGATION SYSTEM ONLY. EXISTING BACKFLOW MUSTBE PLACED ON IRRIGATION SERVICE LINE TO PREVENT ANY POSSIBILITY OF BACKFLOW FROM BEING DIRECTED INTO THEBUILDING. IF THE EXISTING BACKFLOW IS NOT A DEDICATED IRRIGATION BACKFLOW, CONTRACTOR IS TO INSTALL A NEWBACKFLOW. SIZE ACCORDING TO METER SIZE.3. CONFIRM EXISTING CONTROLLER ZONE AVAILABILITY. IF CONTROLLER CANNOT HANDLE PROPOSED ZONES, CONTACTIRRIGATION DESIGNER IMMEDIATELY.4. CAP EXISTING LINES WHERE NECESSARY FOR CONSTRUCTION.5. MAINLINE APPROXIMATE LOCATION AS SHOWN. CONTRACTOR TO LOCATE EXACT LOCATION AND UTILIZE. PROTECTMAINLINE IN PLACE DURING CONSTRUCTION. CAP EXISTING MAINLINE AND LEAVE IN PLACE WHERE NECESSARY.6. DO NOT TRENCH UNDER EXISTING TREES. HAND TRENCH LATERALLY TO INSTALL HEADS, DRIP, ETC.7. ALL PROPOSED IRRIGATION TO MATCH EXISTING PRECIPITATION RATES, IF ZONES ARE COMBINED WITH EXISTINGZONES, NO DRIP AND HEADS TO BE ON SAME ZONES.8. ALL EXISTING IRRIGATION SHOWN TO REMAIN SHOULD BE PROTECTED DURING CONSTRUCTION. CONTRACTOR TOCONFIRM 100 PERCENT COVERAGE ON EXISTING AND MODIFY IF NEEDED.9. MODIFY ZONES PER REVISED CHANGES. CAP LINES WHERE NECESSARY. ADD HEADS AS NEEDED, REPLACEHEADS/NOZZLES TO PROVIDE FULL COVERAGE.10. DO NOT REMOVE EXISTING SLEEVED LINES UNDER PAVEMENT UNLESS SPECIFIED.11. CONTRACTOR TO NUMBER EXISTING VALVES AND PROPOSED VALVES IN NUMERICAL ORDER STARTING FROM THEMETER AND GOING IN A CLOCKWISE CIRCLE.12. CONTRACTOR TO FIELD INVESTIGATE EXISTING CONDITIONS TO LOCATE EXISTING IRRIGATION LATERAL LINES ANDRE-PURPOSE FOR NEW IRRIGATION IN THE LANDSCAPE ISLAND.1. IRRIGATION CONTRACTOR SHALL TEST EXISTING STATIC PRESSURE ON SITE PRIOR TO CONSTRUCTION. SHOULD EXISTING SITEPRESSURE BE BELOW 65 PSI, CONTRACTOR SHALL CONTACT THE IRRIGATION DESIGNER PRIOR TO COMMENCEMENT OFCONSTRUCTION.2. COORDINATE IRRIGATION INSTALLATION WITH PLANTING PLAN AND SITE CONDITIONS TO PROVIDE COMPLETE 100% COVERAGEWITH MINIMUM OVERSPRAY. THE IRRIGATION CONTRACTOR SHALL MAKE MINOR ADJUSTMENTS TO ENSURE PROPER COVERAGEAT NO ADDITIONAL COST TO THE OWNER.3. ALL CONSTRUCTION SHALL CONFORM TO CITY, COUNTY, STATE, AND FEDERAL REQUIREMENTS. IT SHALL BE THE RESPONSIBILITYOF THE IRRIGATION CONTRACTOR TO ENSURE THAT ALL IRRIGATION EQUIPMENT MEETS GOVERNMENT REGULATIONS.CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR OBTAINING ANY NECESSARY PERMITS OR APPROVALS PRIOR TOCOMMENCEMENT OF OPERATIONS ON-SITE. COPIES OF THE PERMITS SHALL BE SENT TO THE OWNER/GENERAL CONTRACTOR.4. LATERAL PIPE SHALL BE INSTALLED AT A MINIMUM DEPTH OF 12 INCHES. MAINLINE PIPE AND WIRES SHALL BE INSTALLED AT AMINIMUM DEPTH OF 18 INCHES.5. ELECTRICAL POWER SHALL BE PROVIDED WITHIN 5 FEET OF CONTROLLER LOCATION BY GENERAL CONTRACTOR. LICENSEDIRRIGATION CONTRACTOR TO PROVIDE FINAL HARD WIRE TO CONTROLLER.6. 24 VOLT VALVE WIRE SHALL BE A MINIMUM OF 14 GAUGE, U.L. APPROVED FOR DIRECT BURIAL, SINGLE CONDUCTOR "IRRIGATIONWIRE". CONTRACTOR TO CONFIRM WIRE SIZE PRIOR TO INSTALLATION. WIRE SPLICES SHALL BE ENCASED IN A WATERPROOF WIRECONNECTOR UL APPROVED AND FILLED WITH SILICONE.7. IRRIGATION VALVES AND VALVE BOXES SHALL BE LOCATED IN LANDSCAPE BEDS OR GROUNDCOVER AREAS WHENEVER POSSIBLE.ALL REMOTE VALVE BOXES SHALL BE SET FLUSH WITH FINISHED GRADE AND CONTAIN ONE CUBIC FOOT OF CLEAN GRAVELBENEATH VALVE. LABEL REMOTE BOXES WITH ONE-INCH ALPHA NUMERIC NOTATION CORRESPONDING TO THE APPLICABLEALPHA CONTROLLER AND NUMERIC STATION. USE 10" ROUND VALVE BOXES FOR ELECTRIC VALVES AND QUICK COUPLING VALVES.USE 15" X 9.5" RECTANGULAR BOX FOR DRIP VALVES UNLESS NOTED OTHERWISE. DOUBLE CHECK ASSEMBLY SHALL BE BOXEDACCORDING TO LOCAL CODES.8. USE PVC SWING JOINT ASSEMBLIES TO CONNECT ALL SPRAY AND ROTOR HEADS.9. CONTRACTOR IS TO CONTACT APPROPRIATE AUTHORITIES AND LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION. CONTRACTORSHALL VERIFY ALL DIMENSIONS, ELEVATIONS, EQUIPMENT QUANTITIES, AND UTILITY LOCATIONS PRIOR TO BEGINNING WORK.10. SLEEVES SHALL BE INSTALLED BY GENERAL CONTRACTOR UNLESS OTHERWISE NOTED. SLEEVE MATERIAL SHALL BE PVC, SCHD.40. CONTRACTOR SHALL EXTEND SLEEVES 18 INCHES BEYOND EDGE OF ALL PAVEMENT. ELECTRICAL WIRES FOR IRRIGATIONVALVES AND IRRIGATION LINES ARE TO BE PLACED IN SEPARATE SLEEVES. SEE SLEEVING DETAIL. ALL PRESSURE MAINLINESUNDER ASPHALT PAVEMENT SHALL BE PLACED WITHIN SLEEVES AS NOTED.11. DRIP LINE SHALL BE PLACED A MINIMUM OF 2" UNDER MULCH.12. LICENSED IRRIGATION CONTRACTOR SHALL ADJUST SPRAY NOZZLES FOR "HEAD-TO-HEAD" COVERAGE AND ADJUST FOR MINIMUMOVERSPRAY ONTO PAVEMENT. NO OVERSPRAY IS PERMITTED ONTO STREETS OR SIDEWALKS.13. IRRIGATION CONTRACTOR SHALL SUPPLY AND CONSTRUCT IRRIGATION SYSTEM WITH ALL MATERIALS AND PER MANUFACTURERSPECIFICATIONS SHOWN ON THIS PLAN. IF CONTRACTOR PREFERS MATERIALS THAT DIFFER FROM THE THIS PLAN, THEY SHALL BEAPPROVED BY THE IRRIGATION DESIGNER PRIOR TO CONSTRUCTION.14. VERIFY CONTROLLER AND RAIN SENSOR LOCATION AND MAINLINE POINT OF CONNECTION AT PROJECT SITE WITH OWNER.15. EXISTING TREES TO REMAIN ARE TO BE PROTECTED FROM DAMAGE. DO NOT TRENCH OR EXCAVATE WITHIN THE CRITICAL ROOTZONE OF ANY TREE.16.IRRIGATION LATERAL LINES, MAIN LINES AND EQUIPMENT MAY BE SHOWN OUTSIDE PROPERTY LINES ON THIS PLAN, ALLIRRIGATION LINES AND EQUIPMENT ARE TO BE WITHIN AND INSTALLED WITHIN THE LIMITS OF THE PROPERTY LINE.17. SUPPLY LINE AND METER TO BE PROVIDED BY GENERAL CONTRACTOR. BACKFLOW PREVENTER TO BE PROVIDED BY IRRIGATIONCONTRACTOR. IRRIGATION CONTRACTOR'S POINT OF CONNECTION TO BEGIN AFTER THE IRRIGATION WATER METER.18. IRRIGATION CONTRACTOR SHALL REVIEW WINTERIZATION PROCEDURES FOR IRRIGATION SYSTEM WITH OWNERSREPRESENTATIVE.19. ALL PLANT MATERIAL IN TREE HOLDING AREAS SHALL BE MANUALLY WATERED/IRRIGATED TO KEEP MOIST UNTIL PLANTED.20. MAINLINE, VALVES, AND WIRING ARE SHOWN ON DRAWINGS FOR CLARITY, SHOULD BE LOCATED IN ACCESSIBLE GREEN SPACE.CONTRACTOR TO COORDINATE WITH ALL DISCIPLINES TO AVOID CONFLICTS WITH UTILITIES/ STRUCTURES, ETC.21. INSTALLATION OF WORK SHALL BE COORDINATED WITH OTHER CONTRACTORS IN SUCH A MANNER AS TO ALLOW FOR A SPEEDYAND ORDERLY COMPLETION OF ALL WORK ON THE SITE.22. SET SPRAY HEADS 4" FROM BACK OF CURB OR 24" IF PAVEMENT HAS NO CURB.23. CONTRACTOR SHALL PROVIDE "AS-BUILT" DRAWINGS OF THE FINAL INSTALLATION TO OWNER AT SUBSTANTIAL COMPLETIONBEFORE RECEIVING FINAL PAYMENT. "AS-BUILT" DRAWINGS TO BE COLOR CODED BY ZONE ON 8.5" X 11", LAMINATED, AND PLACEDIN CONTROLLER.24. ALL DRIP ZONES SHALL BE INSTALLED WITH A SELF-FLUSHING DISC FILTER, OR APPROVED EQUAL.25. INSTALL ALL IRRIGATION COMPONENTS AS PER MANUFACTURERS REQUIREMENTS.26. IRRIGATION HEADS AND COMPONENTS SHALL BE LOCATED A MINIMUM OF 24" FROM ALL BUILDINGS TO AVOID ADVERSEPERFORMANCE OF FOUNDATIONS AND SLABS.27. NO LATERALS LESS THAN 3/4" DIAMETER.IRRIGATION NOTESNORTH 05.30.2023.PROJECT:SLAYTER CREEK PARK SKATE PARK LANDSCAPING AND IRRIGATION 123451011129812345678910111267Drip Control Zone KitHScale: N.T.S.FINISH GRADESTANDARD VALVE BOX WITHCOVERWATERPROOF CONNECTIONVALVE ID TAG30-INCH LINEAR LENGTH OF WIRE,COILED1" X 34" REDUCING COUPLINGPRESSURE REGULATING FILTERLATERAL PIPEPVC SCH 40 FEMALE ADAPTOR ORREDUCERREMOTE CONTROL VALVEPVC SCH 40 TEE OR ELL TOMANIFOLD3-INCH MINIMUM DEPTH OF3/4-INCH WASHED GRAVELVALVE BOX TO BE INSTALLED 12-18" FROM BACK OF CURBPVC SCH 40 ELLPVC SCH 80 NIPPLE (CLOSE)PVC SCH 80 NIPPLE (LENGTH AS REQUIRED)PVC MAINLINE PIPEPVC SCH 40 TEE OR ELL1 234567891012131415BRICK (1 OF 4)1235647810911121314151116 LENGTH, HIDDEN) AND16SCH 80 NIPPLE (2-INCH SCH 40 ELLPVC SCH 40 MALE ADAPTERPVC LATERAL PIPE3.0-INCH MINIMUM DEPTH OF 3/4-INCH WASHED GRAVELElectric Remote Control ValveGScale: N.T.S.30-INCH LINEAR LENGTH OF WIRE,COILEDWATERPROOF CONNECTION SPLICE-1(1 OF 2)ID TAGREMOTE CONTROL VALVE:ICV-GVALVE BOX WITH COVERFINISH GRADE/TOP OF MULCHVALVE BOX TO BE INSTALLED 12-18" FROM BACK OF CURBLFLFPVC OR POLY SUPPLY HEADERPVC OR POLY EXHAUST HEADERAREA PERIMETERREMOTE CONTROLFILTER AND PRVVALVE WITH DISC2" TO 4" FROM EDGEPERIMETER LATERALSSEE DETAIL 4 OF 4CONNECTIONTechline STARTMALE ADAPTERCONNECTIONTechline STARTPLUMBED TO PVC OR POLYMANUAL LINE FLUSHING VALVETECHLINE DRIPPER SPACINGDRIPPER FLOW RATE (GPH)INLET PRESSURE (PSI)202535452423023804361902382993431441802272600.4 0.6 0.912"TECHLINE CV-MAXIMUM LENGTH OF A SINGLE LATERAL (FEET)Techline CV Center Feed LayoutIScale: N.T.S.55480 378 28760580 393 2980.263314135185946556813444295406202703384264892042573233710.4 0.6 0.918"684 539 410713 561 4260.264685847378459329692603264124720.924"5225440.6342430542622686716® WHERE LAYOUT FLEXIBILITY EXISTS CENTER FEED LAYOUTS MUST BEUSED. THIS ALLOWS FOR EVEN FLOW OF WATER THROUGH THE ZONE.ALL BARBED FITTINGS TO UTILIZE EITHER STAINLESS STEELHOSE CLAMPS, STEEL CRIMP, OR COMPRESSION RING.8"6"6"4"3"3"2 1/2"2"2"8"6"6"4"3"--------2"2"2 1/2"3"3"4"6"6"8"4"3"2 1/2"2"1 1/2"1 1/4"1"3/4"1/2"SOCKETEDPIPEBELL AND GASKETFITTINGSSOLVENT WELDSCH. 40 FITTINGSPVC PIPESIZESleeve ScheduleAScale: N.T.S.1MAINLINE PIPE - 18" MIN. DEPTH2LATERAL PIPE - 12" MIN. DEPTH34WIRING IN CONDUIT - 12" MIN. DEPTH568876512347Pipe and Wire TrenchingCScale: N.T.S.MAINLINE, LATERAL AND WIRING IN THESAME TRENCH - 18" MIN. DEPTHTIE A 24-INCH LOOP IN ALL WIRING ATCHANGES OF DIRECTION OF 30° ORGREATER. UNTIE AFTER ALLCONNECTIONS HAVE BEEN MADE.ALL SOLVENT WELD PLASTIC PIPING TOBE SNAKED IN TRENCH AS SHOWN.RUN WIRING BENEATH AND BESIDEMAINLINE. TAPE AND BUNDLE AT10-FOOT INTERVALS.NOTES:1. SLEEVE BELOW ALL HARDSCAPEELEMENTS WITH SCHD. 40 PVCTWICE THE DIAMETER OF THE PIPEOR WITH BUNDLE WITHIN.2. FOR PIPE AND WIRE BURIAL DEPTHSSEE SPECIFICATIONS.SECTION VIEWALL SOLVENT WELD PLASTIC PIPING TOBE RAN IN TRENCH AS SHOWN.PLAN VIEW4" MIN. CLEARANCESleeve DetailBScale: N.T.S.PAVEMENT/FINISHED GRADE18" MIN.12"HARDSCAPEPAVINGSLEEVESDITCHNOTES:1. ALL IRRIGATION SLEEVES TO BESCHEDULE 40 PVC.2. ALL JOINTS TO BE SOLVENT WELDED ANDWATERTIGHT.3. WHERE THERE IS MORE THAN ONESLEEVE. EXTEND THE SMALLER SLEEVETO 24-INCHES MINIMUM ABOVE FINISHEDGRADE.4. MECHANICALLY TAMP TO 95° PROCTOR.SECTION VIEWSLEEVE AS SPECIFIED (PROVIDESEPARATE 2" CHASE FOR CONTROLWIRING.)18" FORNON-PRESSURIZEDLATERAL 24" FORMAINLINESWEEP EL (TYPICAL)TEMPORARY RISER AND CAP SOLVENTWELD CAP TO RISERTEEVALVE BOX(INSTALL PER SPECS)3/4" GRAVEL SUMP(1 CUBIC FOOT)Line Flushing Valve (W/ Shut-o Valve)KScale: N.T.S.LINE FLUSHING VALVE #F-TLFV-1COMPRESSION RINGBLANK TL (TYP.)LATERAL (OR EXHAUST HEADER)SHUT-OFF VALVE #TLSOV (BLANKTUBING MAY BE ATTACHED TO OUTLET)BRICK SUPPORTS (THREE)DETAIL - N.T.S.FINISH GRADE6" ROUNDVALVE BOXAIR / VACUUMRELIEF VALVEBRICK SUPPORTS(THREE)3/4" CRUSHEDGRAVEL SUMP3/4"M x 1/2"F TxTREDUCTION BUSHING3/4" PVC COUPLING(TxT)3/4" SCH 80 RISER(LENGTH AS REQUIRED)POLY TUBINGCLAMPED TO PVCINSERT FITTINGSTAINLESS STEELCLAMPSAir/Vacuum Relief (Plumbed to Poly)JScale: N.T.S.76543216432157Bubbler AssemblyFScale: N.T.S.BUBBLER HEAD AS SPECIFIED1/2" FLEX POLY (18" - 24" LONG) TOEXTEND TO TRUNK OF EACH TREEREDUCER BUSHING AS REQUIREDSCHEDULE 40 PVC TEE (S X S X S)LATERAL LINE (CLASS 200 PVC)9" LONG (12 GAUGE) WIRE STAPLEMALE ADAPTERMP Rotator SprinklerEScale: N.T.S.MODEL PRS40-06-CVLATERAL PIPEFINISH GRADELATERAL TEE OR ELLSWING JOINT:HUNTER 'PRO-FLEX' TUBING,HSBE-050 ELBOWS (2), &MARLEX STREET ELBOW (1)Wireless Rain/Freeze SensorDScale: N.T.S.NOTE:MOUNT SENSOR ON ANY SURFACE WHERE IT WILL BEEXPOSED TO UNOBSTRUCTED RAINFALL, BUT NOT INPATH OF SPRINKLER SPRAY, NO MORE THAN 300'FROM RECEIVER UNIT. MOUNT RECEIVER UNIT NOFURTHER THAN 6' FROM CONTROLLER.MODEL WR-CLIKWR-CLIK RECEIVERMOUNTING SURFACEControllerLScale: N.T.S.CONTROL WIRE IN ELECTRICALCONDUIT. SIZE AND TYPEPER LOCAL CODE*NOTE*MOUNT CONTROLLER WITH LCD SCREEN AT EYE LEVEL. CONTROLLER SHALLBE HARD-WIRED TO GROUNDED 110 VAC SOURCE.MINIMUM CLEARANCEFOR DOOR OPENING*DOOR CLEARANCEEXTERIOR WALLMODEL A2C-1200-SSELECTRICAL SUPPLY CONDUIT.CONNECT TO POWER SOURCE.J BOX INSIDE CONTROLLER.ECO INDICATOR - SWING JOINTMScale: N.T.S.ECO INDICATORFINISHED GRADESWING JOINTADJACENT MULCHPVC LATERAL PIPEDRIP INDICATOR TO BEPLACED IN ALL DRIP AREASAT THE FURTHEST POINT OFEACH DRIP RUN.Point of Connection with Flow SensorMScale: N.T.S.NOTE: INLET PIPE LENGTH OF SENSORMUST BE MIN. 10 X PIPE DIA. STRAIGHT,CLEAN RUN OF PIPE, NOT FITTINGS ORTURNS. OUTLET PIPE LENGTH OFSENSOR MUST BE MIN. 5X PIPE DIA. OFSTRAIGHT CLEAN RUN OF PIPE, NOFITTINGS OR TURNS.TO SOURCE ASNOTED ON PLAN3/4" MINUS WASHEDGRAVEL10" PLASTIC BOX3/4" MINUSWASHED GRAVEL ISOLATION/GATEVALVESTANDARDVALVE BOXBRICK SUPPORTS TYP.MASTER VALVE10" PLASTIC BOXFLOW SENSORVALVE BOXBUILDING SKATEBOARDINGEdgewater, FL 32132 newlineskateparks.com137 W. Marion Ave. #1 P 604.530.1114F 604.530.1119NEW LINE SKATEPARKS INC.LOCATION:COPYRIGHT RESERVED. THIS DRAWING AND DESIGN IS THE PROPERTYOF NEW LINE SKATEPARKS INC. AND MAY NOT BE REPRODUCED OR USED FOR OTHER PROJECTS WITHOUT PERMISSIONBYDRAWING NUMBER:REVDRAWN:SCALE:30"x42"CONTRACTOR SHALLCHECK ALLDIMENSIONS ON THEWORK AND REPORTANY DISCREPANCY TOTHE CONSULTANTBEFORE PROCEEDING.ALL DRAWINGS ANDSPECIFICATIONS ARETHE EXCLUSIVEPROPERTY OF THEOWNER AND MUST BERETURNED AT THECOMPLETION OF THEWORK.No DATEDESCRIPTIONDRAWING TITLE:PROJECT NUMBER:CHECKED:APPROVED:START DATE:PAGE SIZE:DECEMBER 2022NJFAJB064642000AS SHOWN425 W. Rosamond Parkway, Anna, TX 75409 Slayter Creek ParkAJB SITE AMENITIES PACKAGE ISSUE FOR CONSTRUCTION TX F-928 McKinney, TX 75069 Suite 100 260 East Davis Street Kimley-Horn www.kimley-horn.com P 469 301 2580L2.02IRRIGATION DETAILS &SPECIFICATIONS12. GUARANTEE: ALL WORK SHALL BE GUARANTEED FOR ONE YEAR FROM DATE OF ACCEPTANCE AGAINST ALLDEFECTS IN MATERIAL, EQUIPMENT AND WORKMANSHIP. GUARANTEE SHALL ALSO COVER REPAIR OF DAMAGE TOANY PART OF THE PREMISES RESULTING FROM LEAKS OR OTHER DEFECTS IN MATERIAL, EQUIPMENT ANDWORKMANSHIP TO THE SATISFACTION OF THE TENANT'S CONSTRUCTION REPRESENTATIVE. REPAIRS, IF REQUIRED,SHALL BE DONE PROMPTLY AT NO COST TO THE OWNER.A. PERFORM ALL EXCAVATIONS AS REQUIRED FOR THE INSTALLATION OF THE WORK INCLUDING UNDER THISSECTION, INCLUDING SHORING OF EARTH BANKS TO PREVENT CAVE-INS. RESTORE ALL SURFACES, EXISTINGUNDERGROUND INSTALLATIONS, ETC., DAMAGED OR CUT AS A RESULT OF THE EXCAVATIONS TO AND IN A MANNERAPPROVED BY THE OWNER.C. MATERIALS:D. WORKMANSHIP:E. INSTALLATION:1. EXCAVATION AND TRENCHING:1. LAY OUT WORK AS ACCURATELY AS POSSIBLE TO THE DRAWINGS. THE DRAWINGS, THOUGH CAREFULLY DRAWN,ARE GENERALLY DIAGRAMMATIC TO THE EXTENT THAT SWING JOINTS, OFFSETS, AND ALL FITTINGS ARE NOTSHOWN.2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR FULL AND COMPLETE COVERAGE OF ALL IRRIGATED AREAS ANDSHALL MAKE ANY NECESSARY MINOR ADJUSTMENTS AT NO ADDITIONAL COST TO THE OWNER'S CONSTRUCTIONREPRESENTATIVE.3. ANY MAJOR REVISIONS TO THE IRRIGATION SYSTEM MUST BE SUBMITTED AND ANSWERED IN WRITTEN FORM,ALONG WITH ANY CHANGE IN CONTRACT PRICE.11. QUICK COUPLING VALVES: SHALL BE NOTED ON DRAWINGS.10. SPRINKLER HEADS/ DRIP LINE: SEE LEGEND9. SLEEVES FOR CONTROL WIRING: UNDER ALL WALKS AND PAVED AREAS AND WHERE INDICATED ON DRAWINGS.MINIMUM PVC SCHEDULE 40 PLASTIC PIPE.8. CONTROL WIRING: CONVENTIONAL SYSTEMS TO USE 24 VOLT SOLID UL APPROVED FOR DIRECT BURIAL INGROUND. MINIMUM WIRE SIZE: 14 GAUGE. ALL SPLICES SHALL BE MADE WITHIN VALVE BOX. TWO-WIRE SYSTEMSTO UTILIZE CONTROL WIRING PER MANUFACTURER STANDARDS.7. REMOTE CONTROL VALVES: SEE LEGEND6. AUTOMATIC CONTROLLER: SEE LEGEND5. SPRINKLER HEAD RISERS: SCHEDULE 40 PVC FOR RISERS. PIPE SHALL BE CUT WITH A STANDARD PIPE CUTTINGTOOL WITH SHARP CUTTERS. REAM ONLY TO FULL DIAMETER OF PIPE AND CLEAN ALL ROUGH EDGES OR BURRS.CUT ALL THREADS ACCURATELY WITH SHARP DIES. NOT MORE THAN THREE(3) FULL THREADS SHALL SHOW BEYONDFITTINGS WHEN PIPE IS MADE UP. ASSEMBLIES SHALL BE AS DETAILED.4. SOLVENT CEMENT: PVC CEMENT SHALL MEET ASTM D 2564 AND PVC CLEANER-TYPE SHALL MEET ASTM F 656.3. PLASTIC FITTINGS: ALL SOLVENT-WELD PVC FITTINGS SHALL MEET THE REQUIREMENTS OF SCHEDULE 40 AS SETFORTH IN ASTM D 2466. SCHEDULE 40 SOLVENT-WELD, POLYVINYL CHLORIDE (PVC) STANDARD WEIGHT ASMANUFACTURED BY SLOANE, LASCO, OR APPROVED EQUAL.2. PLASTIC PIPING: ALL MAIN LINES AND LATERAL LINES SHALL BE CLASS 200 POLYVINYL CHLORIDE (PVC) PIPE ANDSHALL COMPLY WITH ONE OF THE FOLLOWING STANDARDS: ASTM D 1785, ASTM D-2241, AWWA C-900, OR AWWAC-905. SDR-PR PIPE SHALL HAVE A MINIMUM WALL THICKNESS AS REQUIRED BY SDR-26. PVC GASKETS FITTINGSSHALL CONFORMING TO ASTM D 3139. GASKETS SHALL CONFORM TO ASTM F 477. SOLVENT-WELD PVC FITTINGSSHALL MEET THE REQUIREMENTS OF SCHEDULE 40 AS SET FORTH IN ASTM D 2466. THREADED PVC PIPE FITTINGSSHALL MEET THE REQUIREMENTS OF SCHEDULE 40 AS SET FORTH IN ASTM D 2464. CONFORMING TO ASTM D-1784AND D-22411. GENERAL: ALL MATERIALS THROUGHOUT THE SYSTEM SHALL BE NEW AND IN PERFECT CONDITION.1. PERMITS AND FEES: OBTAIN ALL PERMITS AND PAY REQUIRED FEES TO ANY GOVERNMENTAL AGENCY HAVINGJURISDICTION OVER THE WORK. INSPECTIONS REQUIRED BY LOCAL ORDINANCES DURING THE COURSE OFCONSTRUCTION SHALL BE ARRANGED AS REQUIRED. ON COMPLETION OF THE WORK, SATISFACTORY EVIDENCESHALL BE FURNISHED TO THE OWNER'S CONSTRUCTION REPRESENTATIVE TO SHOW THAT ALL WORK HAS BEENINSTALLED IN ACCORDANCE WITH THE STATE AND LOCAL BUILDING/ PLUMBING CODE AND ALL OTHER CODEREQUIREMENTS.8. THE OWNER RESERVES THE RIGHT TO REJECT MATERIAL OR WORK WHICH DOES NOT CONFORM TO THECONTRACT DOCUMENTS. REJECTED WORK SHALL BE REMOVED OR CORRECTED AT THE EARLIEST TIME POSSIBLE.11. FINAL ACCEPTANCE: FINAL ACCEPTANCE OF THE WORK MAY BE OBTAINED FROM THE OWNER'S CONSTRUCTIONREPRESENTATIVE UPON THE SATISFACTORY COMPLETION OF ALL WORK.10. "AS-BUILT" IRRIGATION DRAWINGS: PREPARE AN "AS-BUILT" DRAWING ON A FULL-SIZE PLAN SET WHICH SHALLSHOW DEVIATIONS FROM THE BID DOCUMENTS MADE DURING CONSTRUCTION AFFECTING THE MAIN LINE PIPE,CONTROLLER LOCATIONS, REMOTE CONTROL VALVES AND QUICK COUPLING VALVES. THE DRAWINGS SHALL ALSOINDICATE AND SHOW APPROVED SUBSTITUTIONS OF SIZE, MATERIAL AND MANUFACTURERS NAME AND CATALOGNAME AND CATALOG NUMBER. THE DRAWINGS SHALL BE DELIVERED TO THE TENANT'S CONSTRUCTIONREPRESENTATIVE BEFORE FINAL ACCEPTANCE OF WORK9. WORK SCHEDULE: WITHIN 10 DAYS AFTER AWARD OF THE CONTRACT, THE CONTRACTOR SHALL SUBMIT TO THEOWNER A WORK SCHEDULE.7. THE OWNER RESERVES THE RIGHT TO SUBSTITUTE, ADD, OR DELETE ANY MATERIAL OR WORK AS THE WORKPROGRESSES. ADJUSTMENTS TO THE CONTRACT PRICE SHALL BE NEGOTIATED IF DEEMED NECESSARY BY THEOWNER ON A PER DIEM BASIS.6. PROTECTION OF EXISTING PLANTS AND SITE CONDITIONS: THE CONTRACTOR SHALL TAKE NECESSARYPRECAUTIONS TO PROTECT SITE CONDITIONS TO REMAIN. SHOULD DAMAGE BE INCURRED, THE CONTRACTORSHALL REPAIR THE DAMAGE TO ITS ORIGINAL CONDITION AT THE CONTRACTOR'S EXPENSE.B. CONTRACTOR SHALL MAKE NECESSARY ADJUSTMENTS IN THE LAYOUT AS MAY BE REQUIRED TO CONNECT TOEXISTING STUBOUTS, SHOULD SUCH STUBS NOT BE LOCATED EXACTLY AS SHOWN, AND AS MAY BE REQUIRED TOWORK AROUND EXISTING WORK AT NO INCREASE IN COST TO THE OWNER'S CONSTRUCTION REPRESENTATIVE.A. CONTRACTOR SHALL ACQUAINT THEMSELVES WITH ALL SITE CONDITIONS. SUBMISSION OF THEIR PROPOSALSHALL BE CONSIDERED EVIDENCE THAT THE EXAMINATION HAS BEEN CONDUCTED. SHOULD UTILITIES NOT SHOWNON THE PLANS BE FOUND DURING EXCAVATIONS, CONTRACTOR SHALL PROMPTLY NOTIFY THE OWNER'SCONSTRUCTION REPRESENTATIVE FOR INSTRUCTIONS AS TO FURTHER ACTION. FAILURE TO DO SO WILL MAKECONTRACTOR LIABLE FOR ANY AND ALL DAMAGE THERETO ARISING FROM HIS OPERATIONS SUBSEQUENT TODISCOVERY OF SUCH UTILITIES NOT SHOWN IN PLANS.4. COORDINATION: COORDINATE AND COOPERATE WITH OTHER CONTRACTORS TO ENABLE THE WORK TOPROCEED AS RAPIDLY AND EFFICIENTLY AS POSSIBLE3. BEFORE ANY WORK IS STARTED, A CONFERENCE SHALL BE HELD BETWEEN THE CONTRACTOR AND THEOWNER'S CONSTRUCTION REPRESENTATIVE CONCERNING THE WORK UNDER THIS CONTRACT.2. APPROVAL: WHEREVER THE TERMS "APPROVE" OR "APPROVED" ARE USED IN THE SPECIFICATIONS, THEY SHALLMEAN THE APPROVAL OF THE OWNER'S CONSTRUCTION REPRESENTATIVE IN WRITING.GENERAL IRRIGATION SPECIFICATIONS AND NOTESINCLUDES FURNISHING ALL LABOR, MATERIALS AND EQUIPMENT FOR THE PROPER INSTALLATION OF THEIRRIGATION SYSTEM. THE WORK INCLUDES, BUT IS NOT LIMITED TO THE FOLLOWING: (1) TRENCHING AND BACKFILL,(2) AUTOMATICALLY CONTROLLED LOW VOLUME IRRIGATION SYSTEM, (3) TEST ALL SYSTEMS AND MAKE OPERATIVE,(4) "AS-BUILT" DRAWINGS.B. GENERAL:A. EXTENT:B. INSTALL CONTROL WIRES AT LEAST 18" BELOW FINISHED GRADE AND SNAKE WIRE SIDE TO SIDE INTRENCH BELOW MAIN LINE. EXPANSION CURLS SHALL BE PROVIDED WITHIN THREE (3') FEET OF EACHWIRE CONNECTION TO SOLENOID AND AT LEAST EVERY THREE HUNDRED (300') FEET IN LENGTH.(EXPANSION CURLS ARE FORMED BY WRAPPING AT LEAST FIVE (5) TURNS OF WIRE AROUND A ROD ORPIPE 1" OR MORE IN DIAMETER, THEN WITHDRAWING THE ROD).1. REMOVE FROM THE SITE ALL DEBRIS RESULTING FROM WORK OF THIS SECTION.D. DRESS OFF ALL AREAS TO FINISH GRADES.C. COMPACT TRENCHES IN AREAS TO BE PLANTED BY THOROUGHLY FLOODING THE BACKFILL. JETTING PROCESSMAY BE USED IN THOSE AREAS.B. BACKFILL FOR ALL TRENCHES, REGARDLESS OF THE TYPE OF PIPE COVERED, SHALL BE COMPACTED TOMINIMUM 90% DENSITY.A. AFTER SYSTEM IS OPERATING AND REQUIRED TESTS AND INSPECTIONS HAVE BEEN MADE, BACKFILLEXCAVATIONS AND TRENCHES WITH CLEAN SOIL, FREE OF RUBBISH. INITIAL BACKFILL MATERIAL TO 6 INCHESABOVE THE TOP OF PIPE SHALL BE FREE OF ROCKS OR STONES LARGER THAN ONE INCH IN DIAMETER FINALBACKFILL MATERIAL SHALL BE FREE OF ROCKS OR STONES LARGER THAN 3 INCHES IN DIAMETER.9. BACKFILL AND COMPACTING:D. ALL WIRING PASSING UNDER EXISTING OR FUTURE PAVING, CONSTRUCTION, ETC., SHALL BE ENCASED INPLASTIC OR GALVANIZED STEEL CONDUIT EXTENDING AT LEAST 24" BEYOND EDGES OF PAVING OR CONSTRUCTION.C. CONTROL WIRE SPLICES WILL BE ALLOWED ONLY RUNS OVER 1000 FT. CONNECTIONS SHALL BE IN VALVE BOXAND LOCATION TO BE SHOWN ON AS-BUILT PLANS.C. MAINTAIN ALL WARNING SIGNS, SHORING, BARRICADES, FLARES AND RED LANTERNS AS REQUIRED BY THESAFETY ORDERS OF THE DIVISION OF INDUSTRIAL SAFETY AND LOCAL ORDINANCES.B. TRENCHES SHALL BE MADE WIDE ENOUGH TO ALLOW A MINIMUM OF 6 INCHES BETWEEN PARALLEL PIPE LINES.TRENCHES FOR PIPE LINES SHALL BE MADE OF SUFFICIENT DEPTHS TO PROVIDE THE MINIMUM COVER FROM FINISHGRADE AS FOLLOWS:2) MINIMUM COVER OVER IRRIGATION LINES TO HEADS/ DRIPLINE EXCEPT VEHICLE TRAFFIC AREAS ARE AS FOLLOWS:1) 24" MINIMUM BELOW BOTTOM PAVEMENT PER SLEEVING INSTALLATION DETAIL FOR MAIN LINE.18" MINIMUM FORNON-PRESSURIZED LATERALS.F. CLEAN-UP:A. INSTALL CONTROL WIRING, SPRINKLER MAINS AND LATERALS IN COMMON TRENCHES WHEREVER POSSIBLE.8. AUTOMATIC CONTROL WIRING:A. CONNECT REMOTE CONTROL VALVES TO CONTROLLER IN A CLOCKWISE SEQUENCE TO CORRESPOND WITHSTATION SETTING BEGINNING WITH STATIONS 1, 2, 3, ETC.7. AUTOMATIC CONTROLLERS:F. REPAIR LEAKS RESULTING FROM TESTS.P=AVERAGE TEST PRESSURE IN PSI GAUGED=PIPE DIAMETER IN INCHESN=NUMBER OF JOINTSL=ALLOWABLE LEAKAGE, IN GALLONS PER HOURE. FOR PVC AND O-RING GASKET PIPE THE ALLOWABLE LEAKAGE SHALL NOT EXCEED THE NUMBER OF GALLONSPER HOUR AS DETERMINED BY THE FOLLOWING FORMULA:2) NO PRESSURE LOSS IS ALLOWED FOR SOLVENT WELD MAINLINE/ PIPE.D. APPLYING A CONTINUOUS AND STATIC WATER PRESSURE OF 125 PSI WHEN WELDED PLASTIC JOINTS HAVECURED AT LEAST 3 HOURS AND WITH THE RISERS CAPPED AS FOLLOWS:C. CENTER LOAD PIPING WITH SMALL AMOUNT OF BACKFILL TO PREVENT ARCHING OR SLIPPING UNDER PRESSURE.B. TESTING TO BE ACCOMPLISHED AT THE EXPENSE OF THE CONTRACTOR AND IN THE PRESENCE OF THE OWNER.A. REQUEST THE PRESENCE OF THE OWNER AND/OR OWNERS REPRESENTATIVE IN WRITING AT LEAST 48 HOURS INADVANCE OF TESTING.D. UPON COMPLETION OF THE TESTING, THE CONTRACTOR SHALL COMPLETE ASSEMBLY AND ADJUST SPRINKLERHEADS FOR PROPER DISTRIBUTION.C. TEST IN ACCORDANCE WITH PARAGRAPH ON HYDROSTATIC TESTS.B. THOROUGHLY FLUSH OUT ALL WATER LINES BEFORE INSTALLING HEADS, DRIPLINE, VALVES AND OTHERHYDRANTS.A. CAP OR PLUG ALL OPENINGS AS SOON AS LINES HAVE BEEN INSTALLED TO PREVENT THE ENTRANCE OFMATERIALS THAT WOULD OBSTRUCT THE PIPE. LEAVE IN PLACE UNTIL REMOVAL IS NECESSARY FOR COMPLETIONOF INSTALLATION.4. CLOSING OF PIPE AND FLUSHING LINES:B. DO NOT SCALE PLANS FOR EXACT HEAD LOCATION.A. INSTALL ALL SPRINKLERS/ DRIPLINE AS DETAILED ON DRAWINGS.D. MAKE ALL CONNECTIONS BETWEEN PLASTIC PIPE AND METAL VALVES OR STEEL PIPE WITH THREADED FITTINGSUSING PLASTIC MALE ADAPTERS.C. PIPE MAY BE ASSEMBLED AND WELDED ON THE SURFACE. SNAKE PIPE FROM SIDE TO SIDE OF TRENCH BOTTOMTO ALLOW FOR EXPANSION AND CONTRACTION.B. PLASTIC PIPE AND FITTINGS SHALL BE SOLVENT WELDED USING SOLVENTS AND METHODS RECOMMENDED BYMANUFACTURER OF THE PIPE, EXCEPT WHERE SCREWED CONNECTIONS ARE REQUIRED. PIPE AND FITTINGS SHALLBE THOROUGHLY CLEANED OF DIRT, DUST AND MOISTURE BEFORE APPLYING SOLVENT WITH A NON-SYNTHETICBRISTLE BRUSH.A. INSTALL REMOTE CONTROL VALVES WHERE SHOWN AND GROUP TOGETHER WHERE PRACTICAL, PLACE NOCLOSER THAN 12-18 INCHES TO WALK EDGES, WALLS, AND OTHER PAVEMENTS. PLACE A MINIMUM OF 24" FROMBUILDINGS.IN WHICH:6. HYDROSTATIC TESTS:3. SPRINKLER HEADS/ DRIPLINE:2. PIPE LINE ASSEMBLY:12" COVER OVER LATERALS18" COVER OVER MAINLINE5. INSPECTIONS:C. OPEN TRENCH INSPECTION: THE TRENCH AND ALL JOINTS AND EVERY TRANSITION IN PIPE SIZE, WILL BE OPENWHERE OPEN TRENCH INSPECTION IS REQUIRED.B. PIPE INSTALLATION DEPTH INSPECTION: ALL PIPES IN THE SYSTEM SHALL BE INSTALLED TO DEPTHS ASPREVIOUSLY DESCRIBED IN SECTION 'E' OF THESE SPECIFICATIONS.A. SPRINKLER/ DRIPLINE LAYOUT AND SPACING INSPECTION: VERIFICATION THAT THE IRRIGATION DESIGN ISACCURATELY INSTALLED IN THE FIELD. IT WILL ALSO PROVIDE FOR ALTERATION OR MODIFICATION OF THE SYSTEMTO MEET FIELD CONDITIONS. SPACING SHOULD BE WITHIN 5% OF THE DESIGN SPACING.D. INSPECTIONS WILL BE PERFORMED THROUGHOUT THE DURATION OF THE INSTALLATION. INSPECTION MAY BEMADE BY THE GOVERNING AGENCY/ OWNER TO ENSURE COMPLIANCE WITH DESIGN INTENT, SPECIFICATIONS, ANDTHE IRRIGATION CODES.13. A LAMINATED PLAN (8 1/2 X 11) SHOWING THE DIFFERENT IRRIGATION ZONES IN COLOR, PREPARED BY THEIRRIGATION CONTRACTOR, SHALL BE POSTED IN THE MECHANICAL ROOM OR WITHIN CONTROLLER CABINET.A. AN AUGER IS TO BE USED TO TUNNEL UNDER EXISTING TREES IF IRRIGATION IS INSTALLED WITHIN THEPROTECTIVE RADIUS OF EXISTING TREES AND ONLY IF THERE IS NO OTHER OPTION OR TO DO SO CREATES ANUNREASONABLE HARDSHIP.10. PROTECTIVE RADIUS OF EXISTING TREES:1) MAIN LINES AND SUBMAINS TO BE TESTEDFOR 2 HOURS.L=NPD / 1,8501/2E. CONTRACTOR SHALL RUN TWO SPARE WIRES IN EACH DIRECTION FROM CONTROLLER TO FARTHEST VALVE TOSERVE AS BACKUP WIRES.E. JOINTS:1. PIPE SIZES 2 1/2 INCH OR SMALLER SHALL HAVE BELL AND SOCKET JOINTS.2. PIPE SIZES LARGER THAN 2 1/2 INCH SHALL HAVE SNAP CONNECTIONS WITH RUBBER GASKET JOINTS.3. THRUST BLOCKING SHALL BE REQUIRED WHEN PIPE SIZE IS 4” OR GREATER.05.30.2023.PROJECT:SLAYTER CREEK PARK SKATE PARK LANDSCAPING AND IRRIGATION Notice 8 (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION Rule 110.110 EXHIBIT C REQUIRED WORKERS’ COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers’ compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other services related to the project, regardless of the identity of their employer or status as an employee. Call the Division of Workers’ Compensation at 1-800-252-7031 or access the division’s website at www.tdi.texas.gov/wc/indexwc.html to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer’s failure to provide coverage. TO THE CONTRACTOR: Pursuant to Workers’ Compensation Rule 110.110 (d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers’ compensation insurance. The notice required by this does not satisfy other posting requirements imposed by the Texas Workers’ Compensation Act or other Workers’ Compensation Rules. This notice must: (1) be posted in English, Spanish and any other language common to the employer’s employee population; (2) be displayed on each project site; (3) state how a person may verify current coverage and report failure to provide coverage; (4) be printed with a title in at least 30-point bold type and text in at least 19-point normal type; and (5) contain the exact words as prescribed in Rule 110.110 (d)(7). The notice on the reverse side meets the above requirements. Failure to post the notice as required by this rule is a violation of the Act and Workers’ Compensation Rules. The violator may be subject to administrative penalties. Item No. 6.h. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution emergency purchase of equipment and labor for the repair of Well #3. (Director of Public Works Steven Smith) SUMMARY: Well #3 in the City of Anna public water system experienced a catastrophic failure in late September, requiring emergency repairs and equipment replacement. In October, the City contracted with THI Water Well, LLC in order to perform emergency equipment replacement and repairs to Well #3. The total cost of repairs is $168,728.26. The emergency repairs and replacements are complete. However, payment for the work requires City Council approval as the cost exceeds $50,000. Staff recommends approval of this item as it was necessary to preserve public access to adequate water supply in the community. FINANCIAL IMPACT: Funding for maintenance and repair of pumps, wells, & motors was appropriated in the FY2024 Water Department budget. As an emergency repair for a catastrophic failure, this service will exhaust the majority of the current maintenance and repair budget. Future repairs of well systems within the current budget year may require a budget adjustment or amendment. BACKGROUND: The City of Anna's public water supply utilizes a combination of City-owned and operated wells and treated surface water from North Texas Municiple Water District. Well #3 produced 40% of the groundwater at West Crossing Pump Station and adds over 200,000 gallons per day to the total current water supply needed in the City of Anna, Texas. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution and Exhibit - Emergency Repairs for Well 3 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT TO THI WATER WELL, LLC FOR EMERGENCY PURCHASE OF EQUIPMENT AND LABOR FOR THE REPAIR OF WELL 3 AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED ONE HUNDERED SIXTY-EIGHT THOUSAND SEVEN HUNDRED AND TWENTY EIGHT AND TWENTY SIX CENTS ($168,728.26); WHEREAS, the City of Anna’s public water supply utilizes a combination of City-owned and operated water wells and treated surface water from North Texas Municipal Water District; and, WHEREAS, Well 3 produces 40% of the groundwater for the West Crossing Pump Station and adds over a two hundred thousand gallons per day to the total current water supply needed in the City of Anna, Texas; and, WHEREAS, Well 3 suffered catastrophic failure requiring immediate emergency repairs; and, WHEREAS, the City contracted with THI Water Well, LLC in order to perform emergency equipment replacement and repairs to Well 3; and, WHEREAS, the total cost of the repairs is $168,728.26. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Manager is hereby authorized to make payment to THI Water Well, LLC in an amount not to exceed $168,728.26 for emergency equipment and labor required for the repair of Well 3 in the City of Anna, Texas. That funding shall come from FY24 Maintenance and Repair - Pumps, Wells & Motors as well as water revenue fund balance. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of December 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit “A” (see following pages) Item No. 6.i. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Ray Isom AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a purchase order for the purchase of the G2 Fire Station Alerting System for the Fire Station #2 (Fire Chief Ray Isom) SUMMARY: This resolution authorizes the City Manager to execute a contract with Honeywell International, Incorporated, for the installation of the 9-1-1 communication G-2 bump-out system for Fire Station #2. The bump-out (alerting) system is a highly specialized fire station configuration which is outside the scope for completion of Fire Station #2 and was therefore not included in the station project. The G-2 project is a stand-alone system that requires specific approval and fund allocation. The system alerts responding personnel upon dispatch of all emergency calls for service. The automated interface with Collin County Dispatch for alerting our firefighters is vital for decreasing response times. The G-2 system is currently in use at Central Fire Station. Moving forward, this system will be incorporated into the construction of all new fire stations. FINANCIAL IMPACT: Funding for the Fire Station #2 project was appropriated in the FY2022-2024 Community Investment Program budget in the amount of $11.0 million from the Capital Projects Bond Funds and Public Improvement District Fund. This item is part of the furniture, fixtures and equipment needed for this project and will be paid for by the Infrastructure Investment Fund from excess General Fund reserves. The estimated cost of this item is $95,000. BACKGROUND: The bump-out communication system is outside the construction scope of Fire Station #2 and is separate from the building. It is considered part of the furnishings and equipment package for the facility. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. HGAC BUY Contract for Honeywell 2. Honeywell Bump-out system quote (Exhibit A) 3. Memorandum 23-167 - Fire Station 2 Construction Update 4. Resolution and Quote for G2 Fire Station Alerting System H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Honeywell International, Inc. - Public Services - ID: 10811 Page 1 of 13 MASTER GENERAL PROVISIONS This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Honeywell International, Inc., hereinafter referred to as the Contractor, having its principal place of business at 1835 E 6th Street Suite 27, Tempe, AZ 85288. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: PUBLIC INFORMATION Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process. ARTICLE 4: INDEPENDENT CONTRACTOR The execution of this Master Agreement and the rendering of services prescribed by this Master Agr eement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H- GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 2 of 13 subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade. ARTICLE 6: SUSPENSION AND DEBARMENT Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous. ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below: 1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency. Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may i nclude compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 3 of 13 considered in a procurement transaction, etc. ARTICLE 8: SCOPE OF SERVICES The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement. ARTICLE 9: PERFORMANCE PERIOD This Master Agreement shall be performed during the period which begins Aug 01 2023 and ends Jun 30 2025. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement. ARTICLE 10: PAYMENT OR FUNDING Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract. ARTICLE 11: PAYMENT FOR WORK The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice. ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer. ARTICLE 13: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H -GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement. ARTICLE 14: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions. ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agr eement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations. ARTICLE 16: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 4 of 13 agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC. ARTICLE 17: TAX EXEMPT STATUS H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly. Exemption certificates will be provided upon request. ARTICLE 18: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. H- GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements. ARTICLE 19: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded. ARTICLE 21: CHANGE ORDERS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 5 of 13 that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein. C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC. ARTICLE 22: CONTRACT ITEM CHANGES A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers. D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval. ARTICLE 23: CONTRACT PRICE ADJUSTMENTS Price Decreases If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing Price Increases Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors. Price Changes DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 6 of 13 Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer. Requesting Price Increase/Required Documentation Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Brian Denzel, H-GAC, Public Services Manager at brian.denzel@h-gac.com. Review/Approval of Requests If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request. ARTICLE 24: DELIVERIES AND SHIPPING TERMS The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order. Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibi lity of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise. ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS) There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 7 of 13 of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor. ARTICLE 26: MANUALS Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered. ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval. ARTICLE 28: WARRANTIES, SALES, AND SERVICE Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty. Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party. ARTICLE 29: TERMINATION PROCEDURES The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default. H-GAC will not pay for any expenses incurred after the termination date of the contract. A. Convenience H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. (3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User. DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 8 of 13 ARTICLE 30: SEVERABILITY H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect. ARTICLE 31: FORCE MAJEURE To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 32: CONFLICT OF INTEREST No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement. A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists. B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC. ARTICLE 33: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 9 of 13 which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a- 7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critica l technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 35: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance. ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 10 of 13 The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement. ARTICLE 37: INDEMNIFICATION AND RECOVERY H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement. ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement. ARTICLE 39: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement. ARTICLE 40: JOINT WORK PRODUCT This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maint aining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements. ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 11 of 13 Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. ARTICLE 43: DISCRIMINATION Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. These include, but are not limited to: a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age; e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and j) The requirements of any other nondiscrimination statute(s) that may apply to the application. ARTICLE 44: DRUG FREE WORKPLACE Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy. ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions. ARTICLE 46: WARRANTY AND COPYRIGHT Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming. ARTICLE 47: DATA HANDLING AND SECURITY It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables. ARTICLE 48: DISPUTES All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 12 of 13 Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision. ARTICLE 49: CHOICE OF LAW: VENUE This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 50: ORDER OF PRIORITY In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments. ARTICLE 51: WHOLE MASTER AGREEMENT Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties. ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406. Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant. ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 13 of 13 the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements. SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by: Honeywell International, Inc. Signature $docusign:SignHere::Customer1 Name Asim Akram Title General Manager Date $docusign:DateSigned::Customer1 H-GAC Signature $docusign:SignHere::InternalSigner Name Chuck Wemple Title Executive Director Date $docusign:DateSigned::InternalSigner DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 8/14/2023 8/14/2023 H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Honeywell International, Inc. - Public Services - ID: 10811 Page 1 of 8 MASTER SPECIAL PROVISIONS Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal. ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”) H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 2 of 8 offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 4: PARTY LIABILITY Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement. ARTICLE 5: GOVERNING LAW & VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H -GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums: DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 3 of 8 a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H -GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order. ARTICLE 10: ORDER PROCESSING CHARGE H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge. ARTICLE 11: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement. ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following: DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 4 of 8 a. Be new, unused, and not refurbished. b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace. c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery. d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials. f. Be available for inspection at any time prior to or after procurement. ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. ARTICLE 14: INSPECTION/TESTING All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor. ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: a. CUSTOMER/END USER Name b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number d. Purchase Order Date e. Product/Service dollar amount f. HGACBuy Order Processing Charge amount ARTICLE 16: BACKGROUND CHECKS Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER. ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CERTIFICATION As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code: DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 5 of 8 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 6 of 8 CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement. ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects) With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. ARTICLE 22: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance. ARTICLE 23: TITLE VI REQUIREMENTS H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision. ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 7 of 8 Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract. ARTICLE 26: PREVAILING WAGE Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5. ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract. ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Page 8 of 8 with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. 3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 9-1-1 Equipment & Emergency Notification Software and Services Scope of Work 2. Scope of Work/Specifications This is an indefinite quantity/indefinite delivery offerings contract – The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation. 2.1. Overview H-GAC is soliciting responses for selecting qualified manufacturers, distributors, installers and service providers of 911 Equipment & Emergency Notification Software and Services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts. Customers may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training and maintenance agreements. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories. H-GAC will seek to minimize duplication of awarded technologies and brands, but our goal is to contract for a variety of technologies and solutions, affording our members a broad choice in their 911 / Public Safety Answering Points (PSAP) needs. 2.2. Categories This Solicitation is divided into four (4) separate but related categories (A-D). Respondent is advised to offer a wide array, or catalog, of products within each category listed below. When submitting a response, Respondent may choose to give a response on any, or all, of the categories. No additional weighted value will be given to a respondent who responds to more than one or all categories listed. 1. Equipment: Fixed/portable PSAP workstation/terminal equipment; emergency notification equipment; related hard-wired/wireless telephone equipment; servers, mobile data terminal equipment; controllers, routers, installation of fiber optic cable, etc. 2. Software: 911 records management, emergency notification software; Computer-Assisted Dispatch/Mapping (CAD/CAM), in-vehicle/hand-held mapping systems, ePCR (electronic patient care reporting), language interpretation, Automatic Number/Location ID (ANI/ALI), etc. (note: ongoing monitoring fees should be priced as annual or multi-annual fees to accommodate HGAC's one-time fee accrual process). 3. Furniture: Consoles, chairs, etc. 4. Other: 911 related equipment, systems and services not otherwise specified. DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105 Attachment A Honeywell International, Inc. 911 Equipment & Emergency Notification Software and Services Contract No. EC07-23 H-GAC Product Code Item Description Discount (%) A - Equipment Fixed/portable PSAP workstation/terminal equipment; related hard- wired/wireless telephone equipment; servers, mobile data terminal equipment; controllers, routers, installation of fiber optic cable. Effective 06/14/2023 10% B - Software 911 records management, Computer-Assisted Dispatch/Mapping (CAD/CAM), in-vehicle/hand-held mapping systems, ePCR (electronic patient care reporting), language interpretation, Automatic Number/Location ID (ANI/ALI), etc. Effective 06/14/2023 10% C - Furniture Consoles, chairs, etc. Effective 06/14/2023 10% D - Other 911 related equipment, systems and services not otherwise specified. Effective 06/14/2023 10% Quotation to: City of Anna, TX Anna Fire Department Project: G2 Fire Station Alerting System One (1) Station System - Station 2 Proposal number: TX_ANNA001 Revision # 2 HGAC Contract # EC07-23 Quote Date: 09-Nov-2023 Quote Expires: 7-Feb-2024 INSTALLATION BY: Installation by Mobile Communications America Steve LePrell By: Jeff King Regional Territory Manager US Digital Designs, Inc. 1835 E Sixth St #27 Tempe, AZ 85281 602-687-1730 direct 513-667-7770 mobile jeff.king@honeywell.com [This Proposal is subject to corrections due to Errors or Omissions] PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 12 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:11/9/2023 Expires:2/7/2024 Quote SUBMITTED TO: City of Anna, TX Anna Fire Department REF PROPOSAL Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX are offered at $0.00 cost each as long as system is currently under warranty or elected recurring annual support coverage. See 'Mobile' Section for more detail. G2-APP-DLI $ 124.50 $ 112.05 N/A - Included Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1 G2 ATX STATION CONTROLLER - Power/Signal/Control up to 8 peripheral Remote Options. 4 Unique Amps/Zones available. ATX $ 23,272.50 $ 20,945.25 $ 20,945.25 SC2 Kit USDD 0 G2 EXPANSION KIT - Allows ability to Power/Signal/Control up to 12 more peripheral Remote options per EXP. EXP $ 7,838.00 $ 7,054.20 $ - SC3a Kit USDD 1 Rack Mount Ears for ATX or EXP ATX-E $ 74.00 $ 66.60 $ 66.60 SC3b Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 74.00 $ 66.60 $ - SC4a Ea TBD 0 ATX UPS, Standard - Customer Supplied UPS-STD $ 988.00 $ 889.20 $ - SC4b Ea TBD 0 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ - Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SP1a Ea TBD 1 Audio Amplifier, External, Standard AMP $ 1,135.50 $ 1,021.95 $ 1,021.95 SP1b Ea TBD 0 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack AMP-S $ 91.20 $ 82.08 $ - SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors CIR $ 949.00 $ 854.10 $ - SP3a Ea USDD 4 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others; C.E.C. control subject to TV ability)TVR $ 1,121.50 $ 1,009.35 $ 4,037.40 SP3b Ea TBD 0 Flat Panel Monitor / Smart HDTV 40-43" (Electrical Outlet/Provision By Others; C.E.C. control subject to TV ability) FP-43 $ 1,265.00 $ 1,138.50 $ - SP3c Ea TBD 0 Flat Panel/TV Mount - Universal 23"-46" Tilt FPM-U $ 138.00 $ 124.20 $ - SP4 Ea USDD 0 G2 I/O REMOTE Module w/ 8 In & 8 Out IOR $ 1,581.50 $ 1,423.35 $ - SP5 Ea USDD 1 Push Button, Standard (Black)PB-B $ 126.50 $ 113.85 $ 113.85 SP6 Ea USDD 2 Push Button, Emergency (Red)PB-R $ 126.50 $ 113.85 $ 227.70 SP7 Ea USDD 3 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 4,117.50 STATION SYSTEM PERIPHERAL COMPONENTS TX_ANNA001 v2 STATION-LEVEL STATION 02 Based from USDD G2 Fire Station Alerting System Design Drawing # USDD.TX_ANNA.FS02.FSA.pdf STATION SYSTEM LICENSES STATION SYSTEM CONTROLLER PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 2 of 12 SP8a Ea USDD 0 G2 MESSAGE SIGN (Digital LED) MINI GammaSign / 12" Active Screen Width / Turn Out Timing ONLY MS-G-M $ 1,006.50 $ 905.85 $ - SP8b Ea USDD 6 G2 MESSAGE SIGN (Digital LED) STANDARD GammaSign / 24" Active Screen Width MS-G-S $ 1,260.00 $ 1,134.00 $ 6,804.00 SP8c Ea USDD 0 G2 MESSAGE SIGN (Digital LED) EXTENDED GammaSign / 36" Active Screen Width MS-G-E $ 1,881.25 $ 1,693.13 $ - SP9a Ea USDD 0 MS-G Adapter Plate, SINGLE. VESA 100, joins (1) MS- G-S (or-E) to any standard mount with VESA 100 hole patterns (mount not included) MS-AP-S $ 63.50 $ 57.15 $ - SP9b Ea USDD 2 MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS- G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included) MS-AP-D $ 75.00 $ 67.50 $ 135.00 SP9c Ea USDD 0 MS-G Hanger Kit. Hangs single or double (back-to-back) Message Signs (Gamma Version) from Ceiling. Includes both suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange Mounts. MS-HK $ 87.60 $ 78.84 $ - SP9d Ea TBD 2 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 390.00 $ 351.00 $ 702.00 SP10a Ea USDD 0 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ - SP10b Ea USDD 0 RR2 Adpater Plate, for Retrofit in RR1 Wall Cavity RR2-AP $ 86.50 $ 77.85 $ - SP10c Ea USDD 0 RR2 Surface Mount Box, for SURFACE MOUNT (hard wall) installation. Three (3) 3/4" conduit knock-outs. RR2-SMB $ 201.25 $ 181.13 $ - SP11a Ea USDD 15 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 5,049.00 SP11b Ea USDD 0 G2 SPEAKER - LED Illuminated - SURFACE Mount (Metal Box), 70v SPK-LED-SM $ 374.00 $ 336.60 $ - SP12a Ea USDD 3 G2 SPEAKER - OmniAlertStrobe - Omnidirectional Alerting Speaker, optimized for high Vocal Intelligibility in large open indoor areas and with High-Intensity LED Strobe Light Arrays - includes Cable Hanging Kit (requires MR2 for power/signal/control) SPK-OAS $ 1,050.00 $ 945.00 $ 2,835.00 SP12b Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket / BEAM FLANGE CLIP- for mounting directly onto an exposed (1/8-14") I-Beam SPK-OAS-BFC $ 23.00 $ 20.70 $ - SP12c Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket /DROP CEILING BRACKET- for mounting directly to T-Bar in Suspended Ceiling SPK-OAS-DCB $ 63.50 $ 57.15 $ - SP12d Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket / SURFACE MOUNT - for mounting directly to hard ceiling SPK-OAS-SMB $ 63.50 $ 57.15 $ - SP13a Ea USDD 15 SPEAKER - STANDARD, FLUSH Mount, 70v SPK-STD-FM $ 121.00 $ 108.90 $ 1,633.50 SP13b Ea USDD 2 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v SPK-STD-SM $ 126.00 $ 113.40 $ 226.80 SP14 Ea USDD 6 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 373.75 $ 336.38 $ 2,018.25 SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35 SP16 Ea USDD 0 Transformer, 8ohm to 70V, External XFMR $ 74.20 $ 66.78 $ - SP17 Ea USDD 0 VIDEO DOOR STATION - Doorbell & Camera that ties into G2 FSAS (HDTV Remote) - Includes Power Injector VDS $ 2,040.00 $ 1,836.00 $ - PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 3 of 12 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation (Installation by Mobile Communications America)ST-INST $ 35,663.33 $ 32,097.00 $ 32,097.00 SS2 Ea USDD 0 Station Remediation (Removal and Disposal of Legacy Equipment Not currently Assumed or Included, nor is any related Remediation to Paint, Drywall, etc.) ST-INST $ - $ - $ - SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 4,007.22 $ 3,606.50 $ 3,606.50 SS4 Ea USDD 1 Station Project Management ST-PM $ 1,717.38 $ 1,545.64 $ 1,545.64 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 858.69 $ 772.82 $ 772.82 SS6 Ea USDD 1 Station Documentation ST-DM $ 85.87 $ 77.28 $ 77.28 SS7a Ea USDD 0 Station Training - Configuration and Equipment. On-Site @ Station. 4 Hours, 1 Visit. (for Technical Services Staff) TRA-UT-O $ 4,425.00 $ 3,982.50 $ - SS7b Ea USDD 0 Station Training - User/Technician / Remote Refresh (2 Hours)TRA-UT-R $ 650.00 $ 585.00 $ - SS8a Ea USDD 0 Training - Installation Contractor - On-Site / USDD G2 Certification / 8 Hours (TBD - only needed if requied to use non-certified contractor) TRA-IC-O $ 7,043.75 $ 6,339.38 $ - SS8b Ea USDD 0 Training - Installation Contractor - At Arizona Training Center / USDD G2 Certification / 8 Hours (TBD - only needed if required to use non-certified contractor) TRA-IC-AZ $ 3,993.06 $ 3,593.75 $ - SS9 Ea USDD 0 Miscellaneous/TBD MISC $ - $ - $ - Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.5 [STANDARD] 1st YEAR WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) PLEASE NOTE: An additional 6 months (for total of 18 months/1.5 years) of initial warranty has been offered by USDD for no additional cost so all stations can be installed and enjoy same warranty/support start/stop dates) RS-1YR-STD $ 5,724.60 $ 5,152.14 7728.21 but No Charge For Initial Warranty Period / Not Included in Subtotals SW2 YR USDD 0.0 [STANDARD] EACH ADDITIONAL YEAR (12- Months) WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or Component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) IF QUANTITY '0' THEN NO ADDITIONAL SUPPORT IS ASSUMED OR AUTHORIZED BEYOND INITIAL WARRANTY PERIOD RS-AYR-STD $ 5,724.60 $ 5,152.14 $ - 89,620.64$ 1,386.00$ -$ -$ 91,006.64$ This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USDD. STATION SYSTEM SERVICES STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT STATION 02 System: Shipping: Warranty & Support: STATION SUBTOTAL: Miscellaneous (if applicable) PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 4 of 12 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. Station System Installation Notes: 01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement. USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations. For FSAaaS Program: The cost of service and support beyond initial warranty period is included in the FSASaaS Program for a total of 5 years. The service and support includes Mobile Smart Phone Alerting App and Mapping Services. Please see the FSASaaS Subscription Agreement for more information concerning the service and support provided by USDD. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations. Warranty & Support Notes: 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 5 of 12 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:###### Expires:###### Quote SUBMITTED TO: City of Anna, TX Anna Fire Department REF PROPOSAL - Notes: 91,006.64 91,006.64 - - Notes: 91,006.64$ (TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement US Digital Designs System Total: This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USDD. One (1) Station System currently included in this proposal, with installation by Mobile Communications America. Section Totals PRIMARY-DISPATCH-LEVEL SUBTOTAL STATION-LEVEL SUBTOTAL TX_ANNA001 v2 SECTION TOTALS [UNLESS OTHERWISE NOTED, ALL PRICES ARE $US] No (0) Dispatch Center System currently proposed/included. No backup/disaster- recovery dispatch systems have been requested or assumed/included in this proposal. STATION 02 SYSTEM: STATION 02 WARRANTY & SUPPORT: STATION 02 MISC.: Includes: PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 6 of 12 TERMS AND CONDITIONS OF USDD PRODUCT SALES These U.S.Digital Designs,Inc. terms and conditions of sale (“Terms and Conditions”) are effective March 1, 2022 (the “Terms and Conditions Effective Date”),and supersede all prior versions covering the sale of products and related services (collectively,“Products”,as defined more specifically below) by U.S.Digital Designs,Inc.(“USDD”).References to “Customer”,“you”,or “your”all pertain to the purchaser of Products. These Terms and Conditions, together with any separate agreement you may have with USDD that specifically references these Terms and Conditions (collectively,the “Agreement”)set forth the entire agreement between the parties relating to your purchase of USDD Products. The Agreement may only be modified by an authorized representative of each party in a signed writing. ORDERS. Orders (including any revised and follow-on orders) (each, an “Order”)for USDD Products are non-cancelable, except as expressly set forth herein, and will be governed by the terms of the Agreement.All Orders are subject to acceptance by USDD and shall include the following information: purchase order number;customer’s legal name and billing address; Customer’s shipping address; and a list of the Products and quantities for each different type of Product Customer wishes to order.USDD’s acknowledgment of its receipt of an Order shall not constitute acceptance of such Order. An Order is deemed to be accepted upon the earlier of (i)USDD’s written acceptance or (ii)shipment of the Products specified in the Order. Any conflicting, additional, and/or different terms or conditions on Customer’s Order or any other similar instrument are deemed to be material alterations and are rejected and not binding upon USDD. USDD’s acceptance of Customer’s Order is expressly conditioned upon Customer’s assent to the terms and conditions contained herein in their entirety. Customer’s acceptance of delivery from USDD constitutes Customer’s acceptance of these terms and conditions in their entirety. REMITTANCES. All invoices shall be due and payable upon receipt in United States currency, free of exchange or any other charges, or as otherwise agreed in writing by USDD. QUOTE PRICING.This proposal expires 30 days after its date.Prices are subject to correction for error. Prices,terms,conditions, and Product or Service specifications are subject to change without notice.Pricing is subject to immediate change upon announcement of Product discontinuance. PAYMENT. 4.1.Invoicing &Payment.USDD reserves the right to invoice Customer monthly for all materials delivered. Invoices are due thirty (30) days from the date of the invoice, unless prepayment is required in the quote.If the Customer becomes overdue in any progress payment,USDD shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, or the maximum amount allowed by law,and shall also be entitled to avail itself of any other legal or equitable remedies. Customer agrees that it will pay and/or reimburse USDD for any and all reasonable attorneys’ fees and costs which are incurred by USDD in the collection of amounts due and payable hereunder. 4.2.Payment Disputes.Any disputes must be provided to USDD as soon as possible and must be accompanied by detailed supporting information. Disputes as to invoices are deemed waived fifteen (15) days following the invoice date.In the event that any portion of an invoice is undisputed, such undisputed amount must be paid by no later than the invoice due date. 4.3.No Set Off.Neither Customer nor any related entities (or representatives or agents thereof) shall attempt to set off or recoup any invoiced amounts or any portion thereof against other amounts that are due or may become due from USDD,its parent,affiliates,subsidiaries or other legal entities, business divisions, or units. 4.4.Credit Card Payments. All USDD quotes are developed for the Customer with the understanding the eventualany purchase of the Products listed thereon willwould be facilitated usingsubject to USDD’s standard Purchase Order and Invoice process.If Ccustomer would rather seek to use a Credit Card for purchase, then said order would be subject to a 4% credit card surcharge. SURCHARGES. 5.1.In addition to any Product repricing under Section 8.2,USDD may,from time-to-time and in its sole discretion,issue surcharges on new and existing Orders in order to mitigate and/or recover increased operating costs arising out of or related to, without limitation:(a) foreign currency exchange variation, (b) increased cost of third-party content, labor and materials,(c)impact of government tariffs or other actions, and (d) any conditions that increase USDD’s costs,including without limitation increased labor, freight, material or supply costs,or increased costs due to inflation (collectively, “Surcharges”).Such Surcharges will not be considered a “price increase” as contemplated hereunder and will be effective upon notice to Customer.For avoidance of doubt,Orders placed prior to the Terms and Conditions Effective Date which have not been delivered, including those on backlog or which requested delivery more than twelve (12) months from the date of Order,are subject to Surcharges. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 7 of 12 5.2.USDD will invoice Customer,and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and Conditions.If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15)days,USDD may,in its sole discretion,withhold performance or future shipments,or combine any other rights and remedies under this Agreement or permitted by law,until the dispute is resolved.The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms and Conditions. Any Surcharges,as well as the timing,effectiveness,and method of determination thereof,will be separate from and in addition to any changes to pricing that are affected by any other provisions in these Terms and Conditions. CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay USDD for all work in progress, all inventoried or ordered project parts and materials, and all other costs incurred by USDD related to the Order. TAXES. USDD’s pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs and duties (including, but not limited to, amounts imposed upon the Product(s) or bill of material thereof under any Trade Act, including, but not limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes”). All Taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax USDD is required to collect or pay with respect to the production, sale, or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, unless, at the time of Order placement, Customer furnishes USDD with a valid exemption certificate or other documentation sufficient to verify exemption from Taxes, including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to reimburse USDD for any such payments made by USDD. SHIPPING/DELIVERY/RISK OF LOSS. 8.1.Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. USDD and its affiliated entities are not liable, either directly or indirectly, for delays of carriers or delays in connection with any Force Majeure Event (as defined in Section 17 below), and the estimated delivery date shall be extended accordingly. 8.2.Future Delivery and Repricing. USDD will schedule delivery in accordance with its standard lead times unless the Order states a later delivery date or the parties otherwise agree in writing. USDD will accept Orders with a future ship date of up to eighteen (18) months from the date of the entry of the Order. Customer agrees that in the event an Order is scheduled to be delivered more than six (6) months from the date of the entry of the Order, USDD may, in its sole determination and at each six (6) month anniversary of the date of the entry of the Order, adjust the pricing of the Order to conform to the then-current prices of the USDD Products included in the Order. USDD will include any repricing in its final invoice related to the Order. 8.3.Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay USDD a storage fee (the “Storage Fee”), as set forth in the quote, for each month after six (6) months from the date of the entry of the Order Customer has not taken delivery of the Products in the Order. USDD will separately invoice any storage fees owed under this Section at the end of each month for which the storage fees are owed. 8.4.Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i) EX Works (EXW Incoterms 2020) USDD’s point of shipment (“USDD Dock”) for all shipments (except that USDD is responsible for obtaining any export license), and (ii) F.O.B. USDD Dock for all domestic shipments. For shipments from a USDD Dock to a Buyer location within the same country, the import/export provisions of the INCOTERMS do not apply. USDD shall be responsible for obtaining insurance on each shipment to Customer for the full value of the shipment. Shipment shall be to a single point of delivery. LIMITED WARRANTY. CUSTOMER’S EXCLUSIVE REMEDIES AND USDD’S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY PRODUCT SOLD IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY OTHER LIABILITY OR OBLIGATION OF USDD, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE, LOSS, OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR REPLACEMENT (AT USDD’S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON USDD UNLESS SET FORTH IN WRITING AND SIGNED BY A USDD AUTHORIZED REPRESENTATIVE. 9.1.Product Warranty Terms. Subject to the terms, conditions and limitations contained herein, and unless USDD has otherwise provided an alternative written warranty (in which case the terms of such warranty will control), USDD warrants and guarantees its products will be free from defects in workmanship and materials (collectively, “Defects”) for 12 months from the date of shipment to Customer (“Warranty Period”). This limited warranty does not cover defects caused by normal wear and tear or maintenance. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 8 of 12 9.2.Product Defects. If a Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, USDD, at its option, will either (1) repair the Product defect at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the Product with a Product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for ninety (90) days from the date of repair, whichever is longer. When a Product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Parts provided by USDD in fulfillment of its warranty obligation must be used in the same USDD Fire Station Alerting System for which the warranty claim is made. 9.3.Procedure for Warranty Claims. 9.3.1.Prior to making a Warranty claim,Customer is encouraged to review USDD’s online help resources.Thereafter,to make a valid claim hereunder,Customer must contact USDD technical support and describe the problem or defect with specificity.The first such contact must occur during the Warranty Period.USDD’s technical support contact information can be found on USDD’s web site at http://stationalerting.com/home/about-usdd/contact-usdd/.Customer must use its best efforts to assist in diagnosing defects,follow USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder. 9.3.2.Customer shall be responsible for appropriately packing and shipping Products,to USDD for repair,and shall bear all risks and costs associated withof,shipping any Product to USDD for repairthe same.USDD shall be responsible for,and bear all risks and costs of,returning any Product to Customer after repair or replacement,but Customer will be responsible for paying any customs or import duties payable upon receipt of any repaired or replacement Products.A replacement Product will be returned to Customer configured as it was when the Product was originally purchased, subject to applicable updates. 9.4.Return Material Authorization Process.If a Customer makes a warranty claim for a Product during the Warranty Period,the Customer shall provide USDD with the Product model and serial number and failure information to initiate the RMA process.Upon USDD’s issuance of the RMA,USDD will send the replacement Product,shipped postage paid ground shipping,to the address provided by Customer.RMA requests approved between 12:00 a.m.and 2:00 p.m.Mountain Standard Time are shipped on the same business day.After 2:00 p.m.Mountain Standard Time,the replacement Product is shipped on the next business day.All RMA requests are processed on the business day on which the request was received,excluding holidays.Included with the shipped package will be return shipment instructions and a pre-paid return shipping label for the Product that the Customer is returning.The original Product must be returned in the shipping box provided by USDD.No goods will be accepted for exchange or return without a pre-approved RMA number or which have not been properly packaged in USDD’s shipping box to ensure that goods are not damaged due to improper packing and the shipping process.The original Product must be shipped back within 10 days of receiving the replacement.Failure to return the original Product,or failure to return in an appropriate manner,will cause Customer to incur a replacement charge equal to full market value of the replacement Product. 9.5.No Fault Found.USDD reserves the right to charge 50%of the standard repair price if the returned Product is found to have no defect covered by the Warranty.Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return because the product is “old.”Product returns will not be allowed if,upon examination of the returned Product,it is determined that the Product was subjected to accident,misuse,neglect,alteration,improper installation,unauthorized repair,improper testing,or poor packaging upon return. In such event, USDD shall invoice Customer for the full market value of the replacement Product. 9.6.WARRANTY EXCLUSIONS & DISCLAIMERS. 9.6.1.USDD does not warrant that the operation of its Products or any related peripherals will be uninterrupted or error-free.USDD further does not warrant nor support any system configuration that deviates from this specific quote’s documented station system design file number. 9.6.2.USDD does not warrant or support any system not installed by G2 Trained &Certified Installation technician (installer).If Customer intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant or support the Products unless USDD has had a chance to review documented engineering assumptions and approve system integrity, performance, and reliability expectations. 9.6.3.USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the use of the Products.This Warranty does not apply to any Products, including the hardware or software, not used for its intended purpose. 9.6.4.USDD cannot warrant nor support any system not using USDD-approved Uninteruptable Power Supply Battery Backup.This Warranty does not apply to monitors or televisions manufactured by third parties.Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty,if any.Recovery and reinstallation of hardware and user data (including passwords)are not covered under this Warranty. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 9 of 12 9.6.5.This Warranty does not apply:(a)to consumable parts,such as batteries,unless damage has occurred due to a defect in materials or workmanship;(b)to cosmetic damage,including but not limited to scratches,dents and broken plastic on ports;(c)to damage caused by use with non-USDD products;(d)to damage caused by accident,abuse,misuse,flood,lightning,fire,earthquake or other external causes;(e)to damage caused by operating the Product outside the permitted or intended uses described by USDD;(f)to damage or failure caused by installation or service (including upgrades and expansions)performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider;(g)to a Product or part that has been modified to alter functionality or capability without the written permission of USDD;(h)to Software (as defined below);(i)to any other damage caused by an event or action outside of USDD’s control,including,without limitation,Customer’s failure to apply required or recommended updatres or patches to any Software or Product;or (h)if any serial number has been removed or defaced. LIMITATIONS OF LIABILITY.TO THE EXTENT PERMITTED BY LAW,THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS,WHETHER ORAL OR WRITTEN,STATUTORY,EXPRESS OR IMPLIED.AS PERMITTED BY APPLICABLE LAW,USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.If USDD cannot lawfully disclaim statutory or implied warranties,then to the extent permitted by law,all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller,agent,or employee is authorized to make any modification,extension,or addition to this Warranty.If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS,AND TO THE EXTENT PERMITTED BY LAW,USDD IS NOT RESPONSIBLE FOR DIRECT,SPECIAL,INCIDENTAL,PUNITIVE,OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION,OR UNDER ANY OTHER LEGAL THEORY,INCLUDING BUT NOT LIMITED TO LOSS OF USE;LOSS OF REVENUE;LOSS OF THE USE OF MONEY;LOSS OF ANTICIPATED SAVINGS;LOSS OF GOODWILL;LOSS OF REPUTATION;AND LOSS OF,DAMAGE TO OR CORRUPTION OF DATA.USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED,INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY,ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS,AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. ALL PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS.USDD’S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO USDD FOR THE PRODUCTS GIVING RISE TO THE CLAIM. CUSTOMER SHALL NOT BRING A LEGAL OR EQUITABLE ACTION AGAINST USDD MORE THAN ONE YEAR AFTER THE FIRST EVENT GIVING RISE TO A CAUSE OF ACTION,UNLESS A SHORTER LIMITATIONS PERIOD IS PROVIDED BY APPLICABLE LAW.USDD disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon. SERVICE AGREEMENT.The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance program unless specifically contracted for between USDD and Customer.USDD offers a comprehensive post-Warranty Service Agreement at additional cost. Customer should contact USDD regarding its Service Agreement and costs associated therewith. SOFTWARE PRODUCTS.All software Products delivered by USDD to Customer or for which USDD provides access,including,without limitation,USDD’s mobile application software and Products with embedded software or firmware (collectively,“Software”)are not sold and are licensed.At all times that Customer is in compliance with the terms of these Terms and Conditions and any other agreement between the parties,Customer shall have a non-exclusive,non-transferable,fully paid license to use the Software,but only in conjunction with the Products provided by USDD and Customer’s fire station alerting system (the “License”).The terms of such Software License may be set forth in a separate software license agreement or end user license agreement provided by USDD with such Software.In no event shall Customer have any right to (or authorize or allow any third party to)distribute,sell,lend,rent,transfer,or convey the Software;grant any sublicense,lease,or other rights in the Software;decompile,disassemble,reverse engineer,or otherwise attempt to reconstruct,identify,or discover any source code,underlying user interface architecture or techniques,or algorithms of the Software by any means;or take any action that would cause the Software or any portion of it to be placed in the public domain.In the event of a conflict between the terms of any Software license terms provided upon download or purchase a purchase and these Terms and Conditions,the relevant Software license terms shall control solely with respect to such Software. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 10 of 12 INTELLECTUAL PROPERTY:Customer hereby agrees and acknowledges that USDD owns all rights,title,and interest in and to the Intellectual Property (as defined below).Customer agrees to not remove,obscure,or alter USDD’s or any third party's copyright notice, trademarks,or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through USDD’s Product (as defined below).Nothing herein shall be deemed to give,transfer,or convey to Customer any rights in the Intellectual Property other than the License,as set forth above.For purposes of this Section,“Intellectual Property"means any and all rights of USDD related to USDD’s Products existing from time to time under patent law,copyright law,trade secret law,trademark law,unfair competition law,and any and all other proprietary rights, and any and all derivative works, work product, applications, renewals, extensions and restorations thereof, now or hereafter in force and effective worldwide. REMOTE ACCESS TO THE SYSTEM. 14.1.Remote Access.USDD requires remote network access to the Customer’s Products through Secure Shell (SSH)to perform implementation and support tasks under this Agreement.To enable remote network access,the Customer will provide USDD support personnel VPN or similar remote network access to the Products for USDD support personnel (“Customer Support”)to effectively troubleshoot critical or complex problems and to expedite resolution of such issues.Remote network access is also used to install core software upgrades and customized software.USDD will only access Customer’s Products with the knowledge and consent of Customer.USDD will not access any other systems or data. 14.2.Alternative to Network Access.If the Customer elects not to provide remote network access to the Products,then USDD may not be able to perform some support functions.Customers that elect not to routinely provide network access may temporarily reinstate this access to allow USDD to perform the above services.The following services will not be performed without this access:Product software upgrades;Product software customization;Network troubleshooting assistance including packet capture and network monitoring on USDD devices;Detailed log analysis; Bulk updates to certain Product database tables; Troubleshooting that requires low-level system access or large file transfer. 14.3.Timely Access.Customers much ensure that remote access is available prior to notifying USDD of a support request.In the event that the Customer is unable to provide remote access,USDD will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply. 14.4.Physical Security Tokens.USDD has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the USDD office. If the customer requires the use of physical security tokens, this may delay after hours service. GOVERNING LAW.This proposal and any contract or agreement resulting therefrom will be governed by and construed according to the laws of the State of Arizona without regard to its conflicts of law principles. DISPUTE RESOLUTION/ARBITRATION.Before either USDD or Customer initiate any dispute resolution process related to the Agreement, they must schedule a mandatory executive resolution conference to be held within thirty (30)days of receipt of the other party’s written request. The conference must be attended by at least one executive from each party.At the conference,each party will present its view of the dispute in detail and the executives will enter into good faith negotiations in an attempt to resolve the dispute.If the dispute is not resolved within fifteen (15)days of the end of the conference or if one party refuses to attend the executive resolution conference,then USDD and Customer further agree that any remaining dispute between them arising out of or relating to this Agreement will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules,to the extent such rules are not inconsistent with this Section,in the AAA’s Phoenix regional office by a single,neutral arbitrator.Discovery may be conducted either upon mutual consent of the parties or by order of the arbitrator upon good cause being shown.In ruling on motions pertaining to discovery,the arbitrator shall consider that the purpose of arbitration is to provide for the efficient and inexpensive resolution of disputes,and the arbitrator shall limit discovery whenever appropriate to ensure that this purpose is preserved.The arbitrator shall permit dispositive motions and issue a written decision sufficient to explain the essential findings and conclusions and may award damages.Any award rendered by the arbitrator will be final and binding upon USDD and Customer,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.USDD and Customer expressly and irrevocably consent to the jurisdiction of the Maricopa County Superior Court of Arizona for such purpose.In the event a dispute is submitted to arbitration pursuant to this Section,the prevailing party shall be entitled to the payment of its reasonable attorneys’fees and costs, as determined by the arbitrator.Each of the parties shall keep all disputes and arbitration proceedings strictly confidential,except for disclosures of information required by applicable law or regulation. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 11 of 12 FORCE MAJEURE.Except for Customer’s duty to pay sums due hereunder,neither party will be liable to the other for any failure to meet its obligations due to any Force Majeure Event.As used herein,a “Force Majeure Event”is one that is beyond the reasonable control of the non- performing party and may include,but is not limited to:(a)delays or refusals to grant an export license or the suspension or revocation thereof, (b)embargoes,blockages,seizure or freeze of assets,or any other acts of any government that would limit a party’s ability to perform the Contract,(c)fires,earthquakes,floods,tropical storms,hurricanes,tornadoes,severe weather conditions,or any other acts of God,(d) quarantines,pandemics,or regional medical crises,(e)labor strikes,lockouts,or pandemic worker shortages,(f)riots,strife,insurrection,civil disobedience,landowner disturbances,armed conflict,terrorism or war,declared or not (or impending threat of any of the foregoing,if such threat might reasonably be expected to cause injury to people or property),and (g)shortages or inability to obtain materials or components.The party unable to fulfill its obligations due to Force Majeure will promptly (i)Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure; and (ii) Use all reasonable efforts to avoid or remove the cause and perform its obligations. If a Force Majeure Event results in a delay, then the date of performance will be extended by the period of time that the non-performing party is actually delayed or for any other period as the parties may agree in writing. In the event that a Force Majeure Event is ongoing for a period of time which is sixty (60) days or longer, USDD may provide notice to Customer that it is cancelling its Order. ACCEPTANCE OF TERMS.This proposal shall become a binding contract between the Customer and USDD when accepted in writing by the Customer.Without limiting the foregoing,issuance by Customer of a purchase order to USDD for any of the goods or services herein described shall constitute acceptance.Any such acceptance shall be with the mutual understanding that these Terms and Conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. No waiver,alteration,or modification of these terms and conditions shall be binding unless in writing and signed by an authorized representative of USDD. SEVERABILITY.In the event any provision or portion of a provision herein is determined to be illegal,invalid,or unenforceable,the validity and enforceability of the remaining provisions shall not be affected and,in lieu of such provision,a provision as similar in terms as may be legal, valid, and enforceable shall be added hereto. WAIVER.The failure of either party to insist upon strict performance of any provision of these Terms and Conditions,or to exercise any right provided for herein,shall not be deemed to be a waiver for the future of such provision or right,and no waiver of any provision or right shall affect the right of the waiving party to enforce any provision or right herein. NO JOINT VENTURE.The parties acknowledge that they are independent entities and nothing contained in these Terms and Conditions shall be construed to constitute either party hereto as the partner,joint venturer,employee,agent,servant,franchisee,or other representative of the other party hereto,and neither party has the right to bind or obligate the other,except as otherwise provided herein.Furthermore,nothing contained in these Terms and Conditions shall be construed to constitute Customer as an exclusive purchaser of the Products in any respect. THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 12 of 12 USDD.TX_ANNA.FS02.FSA.DWGdesign byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateT H I S D O C U M E N T CONTAINS CONFID ENTIAL A N D P R O P R I E T A R Y I N F O R M A T I O N W H I C H I S THE EXCLUSIVE PROPERTY OF U S D IGI T AL DE S I G N S , I N C . R E P R O D U C T I O N , DISTRIBU TION OR USE BY OTHERS, IN WHO LE OR I N P A RT, IS N O T PER M ITTED W I T H O U T T H E W R I T T E N AUTHORIZATION FROM US D I G I T A L D E S I G N S , I N C . PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 4/24/2023 - 1:49PMSYMBOL DESCRIPTION G2 I/O REMOTE PUSH BUTTON - RED G2 STROBE LIGHT SPEAKER, WEATHER-PROOF SPEAKER, FLUSH MOUNT SPEAKER, METAL BOX G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX OEM TRANSFORMER G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE OEM FLAT PANEL MONITOR, XX", WITH MOUNT G2 MESSAGE SIGN (STANDARD 24") VOLUME CONTROL (CUSTOMER SUPPLIED) G2 ROOM REMOTE 2 ARTICULATING ARM MOUNT - LONG ADAPTER PLATE DOUBLE PUSH BUTTON - BLACK G2 OMNIALERT STROBE SPEAKER G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN (EXTENDED 36") ADAPTER PLATE SINGLE G2 MESSAGE REMOTE 2 G2 ATX STATION CONTROLLER G2 EXPANSION MODULE G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER SYMBOL DESCRIPTION TVR PB BLACK PB RED CIR STR ATX I/O T UPS AMP MR2 EXP RR2 S S S ADS MSE MSML MSS MSM VC S S ADP MSML S LAR G2 LOCAL AREA REMOTE FPD MOUNT FPM - XX"addressEND- U S E R -A P P ROVALINSTAL L E R -R E V I E WEND-USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) SIGNATURE REQUIRED G2 VIDEO DOOR STATION VDS ANNA FIRE DEPARTMENT, TXFIRE STATION 02150 STANDRIDGE BLVD. ANNA, TX 75409DMGNOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.SA.4TAP @ 4W RR2RR2RR2RR2RR2S S S S S ALL RR2 PoE (TYP. 8)RR2RR2S S PoE PoE TVR TO ATX SWITCH ONLY TVR TO ATX SWITCH ONLY PB BLACK PB RED DOORBELL EMERGENCY ALERT ATX UPS MR2 MR2 MR2-A PoE MR2-B PoE EXP UPS ADPMSMLMSSMSSPoEADPMSMLMSSMSSPoE S TO MR2-A BY ATX S TO MR2-A BY ATX S A.4 TAP @ 8W S A.4 TAP @ 8W PB RED EMERGENCY ALERT TVR TO ATX SWITCH ONLY STR S S SS A.1 TVR TO ATX SWITCH ONLYRR2RR2S S S S S S S A.3 RR2S A.2 S S S S S SS S S A.1 MR2 MR2-C PoE Count Name 1 G2 ATX STATION CONTROLLER 1 G2 EXPANSION UNIT (G2-EXP-12) 4 G2 HDTV REMOTE 15 G2 LED SPEAKER (G2-LVL-HC-70) 3 G2 MESSAGE REMOTE 2 4 G2 MESSAGE SIGN STANDARD (MS-G2-S) 2 G2 MS ADAPTOR PLATE DOUBLE (AP-D) 3 G2 OMNISTROBE SPEAKER 1 G2 STROBE LIGHT 2 G2 UPS (G2-UPS) 2 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 2 PUSH BUTTON (RED) 10 ROOM REMOTE 2 (RR-2) 16 SPEAKER FLUSH MOUNT 3 SPEAKER WEATHER-PROOF Count Name 15 G2 PoE PORT REQUIRED USDD.TX_ANNA.FS02.FSA.DWGdesign byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateT H I S D O C U M E N T CONTAINS CONFID ENTIAL A N D P R O P R I E T A R Y I N F O R M A T I O N W H I C H I S THE EXCLUSIVE PROPERTY OF U S D IGI T AL DE S I G N S , I N C . R E P R O D U C T I O N , DISTRIBU TION OR USE BY OTHERS, IN WHO LE OR I N P A RT, IS N O T PER M ITTED W I T H O U T T H E W R I T T E N AUTHORIZATION FROM US D I G I T A L D E S I G N S , I N C . PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 4/24/2023 - 1:49PMSYMBOL DESCRIPTION G2 I/O REMOTE PUSH BUTTON - RED G2 STROBE LIGHT SPEAKER, WEATHER-PROOF SPEAKER, FLUSH MOUNT SPEAKER, METAL BOX G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX OEM TRANSFORMER G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE OEM FLAT PANEL MONITOR, XX", WITH MOUNT G2 MESSAGE SIGN (STANDARD 24") VOLUME CONTROL (CUSTOMER SUPPLIED) G2 ROOM REMOTE 2 ARTICULATING ARM MOUNT - LONG ADAPTER PLATE DOUBLE PUSH BUTTON - BLACK G2 OMNIALERT STROBE SPEAKER G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN (EXTENDED 36") ADAPTER PLATE SINGLE G2 MESSAGE REMOTE 2 G2 ATX STATION CONTROLLER G2 EXPANSION MODULE G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER SYMBOL DESCRIPTION TVR PB BLACK PB RED CIR STR ATX I/O T UPS AMP MR2 EXP RR2 S S S ADS MSE MSML MSS MSM VC S S ADP MSML S LAR G2 LOCAL AREA REMOTE FPD MOUNT FPM - XX"addressEND- U S E R -A P P ROVALINSTAL L E R -R E V I E WEND-USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) SIGNATURE REQUIRED G2 VIDEO DOOR STATION VDS ANNA FIRE DEPARTMENT, TXFIRE STATION 02150 STANDRIDGE BLVD. ANNA, TX 75409DMGNOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. S TO MR2-C BY ATX S SS A.1 Memorandum Memorandum No: 23-167 Date: November 9, 2023 To: Honorable Mayor and City Council From: Ryan Henderson, City Manager Re: Fire Station #2 Construction Update _____________________________________________________________________________________ At the February 14, 2023 City Council Meeting, the City Council approved the funding for Fire Station #2 as a design-build 6-bay fire station project with Crossland Construction Company. The design build team, including Crossland Construction, Conduit Architecture, City of Anna staff, and various consultants and subcontractors have been working diligently this year to push the project forward. Currently, the project is on-schedule and on-budget, and project completion is expected in May of 2024. The design-build process has proven to be an efficient way to complete the project as the design and construction teams have been on the same page and working together to develop solutions as issues arise much faster than what is often seen on traditional project delivery methods. In addition, team members in Planning, Building Inspections, and Engineering have been actively engaged and helping to quickly review and approve critical items in the process. Our Parks Planning & Development Manager Dalan Walker completed the design of the landscaping and irrigation plans in-house, which helped to save time and money. Thanks to neighbors in Hurricane Creek Subdivision supporting the project, we were able to conduct multiple late night/early morning concrete pours which has helped to keep the project on schedule. The current project status is listed below: • Site utilities are complete • Site paving is complete • The building foundation is complete • The building structural steel is in place • The building exterior walls are being installed The construction team is currently working on installing the exterior walls and interior mechanical, electrical, and plumbing. Once this work is complete, the construction team will complete the building exterior and begin construction of interior walls. As the project moves forward, there will be equipment and supply purchases required for use of the facility, including purchases of specialized fire service equipment, IT equipment, furniture, and finishings. At the November 14 City Council meeting, there will be an item on the consent agenda for the purchase of the diesel exhaust extraction system which will cost approximately $75,000. Funding will be paid out of the Infrastructure Investment Fund from excess General Fund reserves. Staff anticipates placing an agenda item on the December City Council meeting to approve the purchase of the bump out notification/safety system, with IT equipment following shortly thereafter. The majority of the FF&E purchases will be below the threshold of City Council authorization and will be reviewed and approved by the City Manager. Attachment: Exhibit 1 – Fire Station Exterior Exhibit 2 – Fire Station Walls Exhibit 3 – Fire Station Bays c: Ray Isom, Fire Chief Justin Clay, CIP Manager Greg Peters, Assistant City Manager Taylor Lough, Assistant City Manager Management Team CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE PURCHASE OF A FIRE STATION ALERTING SYSTEM AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND DOLLARS ($95,000); AND PROVIDING FOT AN EFFECTIVE DATE. WHEREAS, the City of Anna is responsible for protecting the health, safety, and welfare of the community; and WHEREAS, in order to provide for the welfare and safety of the community, the City’s Fire Department is seeking to purchase equipment required for the safety and efficient operation of firefighter activities and operation at Fire Station Number 2; and WHEREAS, the specified equipment is a non-standard building construction item that is outside of the scope of the construction of Fire Station #2 and not included in the construction budget; and, WHEREAS, the quote of said G2 Fire Station Alerting System (shown in exhibit “A”) is under HGAC contract EC07-23 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a purchase order for the G2 Fire Station Alerting System, in an amount not to exceed $95,000 for the City of Anna, Texas That funding for the project shall come from the Capital Non-bond fund and shall not exceed $2,203,468.18. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of December 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Quotation to: City of Anna, TX Anna Fire Department Project: G2 Fire Station Alerting System One (1) Station System - Station 2 Proposal number: TX_ANNA001 Revision # 2 HGAC Contract # EC07-23 Quote Date: 09-Nov-2023 Quote Expires: 7-Feb-2024 INSTALLATION BY: Installation by Mobile Communications America Steve LePrell By: Jeff King Regional Territory Manager US Digital Designs, Inc. 1835 E Sixth St #27 Tempe, AZ 85281 602-687-1730 direct 513-667-7770 mobile jeff.king@honeywell.com [This Proposal is subject to corrections due to Errors or Omissions] PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 12 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:11/9/2023 Expires:2/7/2024 Quote SUBMITTED TO: City of Anna, TX Anna Fire Department REF PROPOSAL Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,102.50 $ 992.25 $ 992.25 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX are offered at $0.00 cost each as long as system is currently under warranty or elected recurring annual support coverage. See 'Mobile' Section for more detail. G2-APP-DLI $ 124.50 $ 112.05 N/A - Included Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1 G2 ATX STATION CONTROLLER - Power/Signal/Control up to 8 peripheral Remote Options. 4 Unique Amps/Zones available. ATX $ 23,272.50 $ 20,945.25 $ 20,945.25 SC2 Kit USDD 0 G2 EXPANSION KIT - Allows ability to Power/Signal/Control up to 12 more peripheral Remote options per EXP. EXP $ 7,838.00 $ 7,054.20 $ - SC3a Kit USDD 1 Rack Mount Ears for ATX or EXP ATX-E $ 74.00 $ 66.60 $ 66.60 SC3b Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 74.00 $ 66.60 $ - SC4a Ea TBD 0 ATX UPS, Standard - Customer Supplied UPS-STD $ 988.00 $ 889.20 $ - SC4b Ea TBD 0 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 75.00 $ 67.50 $ - Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SP1a Ea TBD 1 Audio Amplifier, External, Standard AMP $ 1,135.50 $ 1,021.95 $ 1,021.95 SP1b Ea TBD 0 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack AMP-S $ 91.20 $ 82.08 $ - SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors CIR $ 949.00 $ 854.10 $ - SP3a Ea USDD 4 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others; C.E.C. control subject to TV ability)TVR $ 1,121.50 $ 1,009.35 $ 4,037.40 SP3b Ea TBD 0 Flat Panel Monitor / Smart HDTV 40-43" (Electrical Outlet/Provision By Others; C.E.C. control subject to TV ability) FP-43 $ 1,265.00 $ 1,138.50 $ - SP3c Ea TBD 0 Flat Panel/TV Mount - Universal 23"-46" Tilt FPM-U $ 138.00 $ 124.20 $ - SP4 Ea USDD 0 G2 I/O REMOTE Module w/ 8 In & 8 Out IOR $ 1,581.50 $ 1,423.35 $ - SP5 Ea USDD 1 Push Button, Standard (Black)PB-B $ 126.50 $ 113.85 $ 113.85 SP6 Ea USDD 2 Push Button, Emergency (Red)PB-R $ 126.50 $ 113.85 $ 227.70 SP7 Ea USDD 3 G2 MESSAGE REMOTE 2 Module MR2 $ 1,525.00 $ 1,372.50 $ 4,117.50 STATION SYSTEM PERIPHERAL COMPONENTS TX_ANNA001 v2 STATION-LEVEL STATION 02 Based from USDD G2 Fire Station Alerting System Design Drawing # USDD.TX_ANNA.FS02.FSA.pdf STATION SYSTEM LICENSES STATION SYSTEM CONTROLLER PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 2 of 12 SP8a Ea USDD 0 G2 MESSAGE SIGN (Digital LED) MINI GammaSign / 12" Active Screen Width / Turn Out Timing ONLY MS-G-M $ 1,006.50 $ 905.85 $ - SP8b Ea USDD 6 G2 MESSAGE SIGN (Digital LED) STANDARD GammaSign / 24" Active Screen Width MS-G-S $ 1,260.00 $ 1,134.00 $ 6,804.00 SP8c Ea USDD 0 G2 MESSAGE SIGN (Digital LED) EXTENDED GammaSign / 36" Active Screen Width MS-G-E $ 1,881.25 $ 1,693.13 $ - SP9a Ea USDD 0 MS-G Adapter Plate, SINGLE. VESA 100, joins (1) MS- G-S (or-E) to any standard mount with VESA 100 hole patterns (mount not included) MS-AP-S $ 63.50 $ 57.15 $ - SP9b Ea USDD 2 MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS- G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included) MS-AP-D $ 75.00 $ 67.50 $ 135.00 SP9c Ea USDD 0 MS-G Hanger Kit. Hangs single or double (back-to-back) Message Signs (Gamma Version) from Ceiling. Includes both suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange Mounts. MS-HK $ 87.60 $ 78.84 $ - SP9d Ea TBD 2 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 390.00 $ 351.00 $ 702.00 SP10a Ea USDD 0 G2 ROOM REMOTE 2 Module RR2 $ 2,167.00 $ 1,950.30 $ - SP10b Ea USDD 0 RR2 Adpater Plate, for Retrofit in RR1 Wall Cavity RR2-AP $ 86.50 $ 77.85 $ - SP10c Ea USDD 0 RR2 Surface Mount Box, for SURFACE MOUNT (hard wall) installation. Three (3) 3/4" conduit knock-outs. RR2-SMB $ 201.25 $ 181.13 $ - SP11a Ea USDD 15 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 374.00 $ 336.60 $ 5,049.00 SP11b Ea USDD 0 G2 SPEAKER - LED Illuminated - SURFACE Mount (Metal Box), 70v SPK-LED-SM $ 374.00 $ 336.60 $ - SP12a Ea USDD 3 G2 SPEAKER - OmniAlertStrobe - Omnidirectional Alerting Speaker, optimized for high Vocal Intelligibility in large open indoor areas and with High-Intensity LED Strobe Light Arrays - includes Cable Hanging Kit (requires MR2 for power/signal/control) SPK-OAS $ 1,050.00 $ 945.00 $ 2,835.00 SP12b Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket / BEAM FLANGE CLIP- for mounting directly onto an exposed (1/8-14") I-Beam SPK-OAS-BFC $ 23.00 $ 20.70 $ - SP12c Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket /DROP CEILING BRACKET- for mounting directly to T-Bar in Suspended Ceiling SPK-OAS-DCB $ 63.50 $ 57.15 $ - SP12d Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket / SURFACE MOUNT - for mounting directly to hard ceiling SPK-OAS-SMB $ 63.50 $ 57.15 $ - SP13a Ea USDD 15 SPEAKER - STANDARD, FLUSH Mount, 70v SPK-STD-FM $ 121.00 $ 108.90 $ 1,633.50 SP13b Ea USDD 2 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v SPK-STD-SM $ 126.00 $ 113.40 $ 226.80 SP14 Ea USDD 6 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 373.75 $ 336.38 $ 2,018.25 SP15 Ea USDD 1 G2 Strobe Light / Red LED STR $ 661.50 $ 595.35 $ 595.35 SP16 Ea USDD 0 Transformer, 8ohm to 70V, External XFMR $ 74.20 $ 66.78 $ - SP17 Ea USDD 0 VIDEO DOOR STATION - Doorbell & Camera that ties into G2 FSAS (HDTV Remote) - Includes Power Injector VDS $ 2,040.00 $ 1,836.00 $ - PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 3 of 12 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 1 Station Installation (Installation by Mobile Communications America)ST-INST $ 35,663.33 $ 32,097.00 $ 32,097.00 SS2 Ea USDD 0 Station Remediation (Removal and Disposal of Legacy Equipment Not currently Assumed or Included, nor is any related Remediation to Paint, Drywall, etc.) ST-INST $ - $ - $ - SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 4,007.22 $ 3,606.50 $ 3,606.50 SS4 Ea USDD 1 Station Project Management ST-PM $ 1,717.38 $ 1,545.64 $ 1,545.64 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 858.69 $ 772.82 $ 772.82 SS6 Ea USDD 1 Station Documentation ST-DM $ 85.87 $ 77.28 $ 77.28 SS7a Ea USDD 0 Station Training - Configuration and Equipment. On-Site @ Station. 4 Hours, 1 Visit. (for Technical Services Staff) TRA-UT-O $ 4,425.00 $ 3,982.50 $ - SS7b Ea USDD 0 Station Training - User/Technician / Remote Refresh (2 Hours)TRA-UT-R $ 650.00 $ 585.00 $ - SS8a Ea USDD 0 Training - Installation Contractor - On-Site / USDD G2 Certification / 8 Hours (TBD - only needed if requied to use non-certified contractor) TRA-IC-O $ 7,043.75 $ 6,339.38 $ - SS8b Ea USDD 0 Training - Installation Contractor - At Arizona Training Center / USDD G2 Certification / 8 Hours (TBD - only needed if required to use non-certified contractor) TRA-IC-AZ $ 3,993.06 $ 3,593.75 $ - SS9 Ea USDD 0 Miscellaneous/TBD MISC $ - $ - $ - Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.5 [STANDARD] 1st YEAR WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) PLEASE NOTE: An additional 6 months (for total of 18 months/1.5 years) of initial warranty has been offered by USDD for no additional cost so all stations can be installed and enjoy same warranty/support start/stop dates) RS-1YR-STD $ 5,724.60 $ 5,152.14 7728.21 but No Charge For Initial Warranty Period / Not Included in Subtotals SW2 YR USDD 0.0 [STANDARD] EACH ADDITIONAL YEAR (12- Months) WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or Component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) IF QUANTITY '0' THEN NO ADDITIONAL SUPPORT IS ASSUMED OR AUTHORIZED BEYOND INITIAL WARRANTY PERIOD RS-AYR-STD $ 5,724.60 $ 5,152.14 $ - 89,620.64$ 1,386.00$ -$ -$ 91,006.64$ This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USDD. STATION SYSTEM SERVICES STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT STATION 02 System: Shipping: Warranty & Support: STATION SUBTOTAL: Miscellaneous (if applicable) PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 4 of 12 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. Station System Installation Notes: 01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement. USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations. For FSAaaS Program: The cost of service and support beyond initial warranty period is included in the FSASaaS Program for a total of 5 years. The service and support includes Mobile Smart Phone Alerting App and Mapping Services. Please see the FSASaaS Subscription Agreement for more information concerning the service and support provided by USDD. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations. Warranty & Support Notes: 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 5 of 12 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:###### Expires:###### Quote SUBMITTED TO: City of Anna, TX Anna Fire Department REF PROPOSAL - Notes: 91,006.64 91,006.64 - - Notes: 91,006.64$ (TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement US Digital Designs System Total: This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USDD. One (1) Station System currently included in this proposal, with installation by Mobile Communications America. Section Totals PRIMARY-DISPATCH-LEVEL SUBTOTAL STATION-LEVEL SUBTOTAL TX_ANNA001 v2 SECTION TOTALS [UNLESS OTHERWISE NOTED, ALL PRICES ARE $US] No (0) Dispatch Center System currently proposed/included. No backup/disaster- recovery dispatch systems have been requested or assumed/included in this proposal. STATION 02 SYSTEM: STATION 02 WARRANTY & SUPPORT: STATION 02 MISC.: Includes: PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 6 of 12 TERMS AND CONDITIONS OF USDD PRODUCT SALES These U.S.Digital Designs,Inc. terms and conditions of sale (“Terms and Conditions”) are effective March 1, 2022 (the “Terms and Conditions Effective Date”),and supersede all prior versions covering the sale of products and related services (collectively,“Products”,as defined more specifically below) by U.S.Digital Designs,Inc.(“USDD”).References to “Customer”,“you”,or “your”all pertain to the purchaser of Products. These Terms and Conditions, together with any separate agreement you may have with USDD that specifically references these Terms and Conditions (collectively,the “Agreement”)set forth the entire agreement between the parties relating to your purchase of USDD Products. The Agreement may only be modified by an authorized representative of each party in a signed writing. ORDERS. Orders (including any revised and follow-on orders) (each, an “Order”)for USDD Products are non-cancelable, except as expressly set forth herein, and will be governed by the terms of the Agreement.All Orders are subject to acceptance by USDD and shall include the following information: purchase order number;customer’s legal name and billing address; Customer’s shipping address; and a list of the Products and quantities for each different type of Product Customer wishes to order.USDD’s acknowledgment of its receipt of an Order shall not constitute acceptance of such Order. An Order is deemed to be accepted upon the earlier of (i)USDD’s written acceptance or (ii)shipment of the Products specified in the Order. Any conflicting, additional, and/or different terms or conditions on Customer’s Order or any other similar instrument are deemed to be material alterations and are rejected and not binding upon USDD. USDD’s acceptance of Customer’s Order is expressly conditioned upon Customer’s assent to the terms and conditions contained herein in their entirety. Customer’s acceptance of delivery from USDD constitutes Customer’s acceptance of these terms and conditions in their entirety. REMITTANCES. All invoices shall be due and payable upon receipt in United States currency, free of exchange or any other charges, or as otherwise agreed in writing by USDD. QUOTE PRICING.This proposal expires 30 days after its date.Prices are subject to correction for error. Prices,terms,conditions, and Product or Service specifications are subject to change without notice.Pricing is subject to immediate change upon announcement of Product discontinuance. PAYMENT. 4.1.Invoicing &Payment.USDD reserves the right to invoice Customer monthly for all materials delivered. Invoices are due thirty (30) days from the date of the invoice, unless prepayment is required in the quote.If the Customer becomes overdue in any progress payment,USDD shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, or the maximum amount allowed by law,and shall also be entitled to avail itself of any other legal or equitable remedies. Customer agrees that it will pay and/or reimburse USDD for any and all reasonable attorneys’ fees and costs which are incurred by USDD in the collection of amounts due and payable hereunder. 4.2.Payment Disputes.Any disputes must be provided to USDD as soon as possible and must be accompanied by detailed supporting information. Disputes as to invoices are deemed waived fifteen (15) days following the invoice date.In the event that any portion of an invoice is undisputed, such undisputed amount must be paid by no later than the invoice due date. 4.3.No Set Off.Neither Customer nor any related entities (or representatives or agents thereof) shall attempt to set off or recoup any invoiced amounts or any portion thereof against other amounts that are due or may become due from USDD,its parent,affiliates,subsidiaries or other legal entities, business divisions, or units. 4.4.Credit Card Payments. All USDD quotes are developed for the Customer with the understanding the eventualany purchase of the Products listed thereon willwould be facilitated usingsubject to USDD’s standard Purchase Order and Invoice process.If Ccustomer would rather seek to use a Credit Card for purchase, then said order would be subject to a 4% credit card surcharge. SURCHARGES. 5.1.In addition to any Product repricing under Section 8.2,USDD may,from time-to-time and in its sole discretion,issue surcharges on new and existing Orders in order to mitigate and/or recover increased operating costs arising out of or related to, without limitation:(a) foreign currency exchange variation, (b) increased cost of third-party content, labor and materials,(c)impact of government tariffs or other actions, and (d) any conditions that increase USDD’s costs,including without limitation increased labor, freight, material or supply costs,or increased costs due to inflation (collectively, “Surcharges”).Such Surcharges will not be considered a “price increase” as contemplated hereunder and will be effective upon notice to Customer.For avoidance of doubt,Orders placed prior to the Terms and Conditions Effective Date which have not been delivered, including those on backlog or which requested delivery more than twelve (12) months from the date of Order,are subject to Surcharges. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 7 of 12 5.2.USDD will invoice Customer,and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and Conditions.If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15)days,USDD may,in its sole discretion,withhold performance or future shipments,or combine any other rights and remedies under this Agreement or permitted by law,until the dispute is resolved.The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms and Conditions. Any Surcharges,as well as the timing,effectiveness,and method of determination thereof,will be separate from and in addition to any changes to pricing that are affected by any other provisions in these Terms and Conditions. CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay USDD for all work in progress, all inventoried or ordered project parts and materials, and all other costs incurred by USDD related to the Order. TAXES. USDD’s pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs and duties (including, but not limited to, amounts imposed upon the Product(s) or bill of material thereof under any Trade Act, including, but not limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes”). All Taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax USDD is required to collect or pay with respect to the production, sale, or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, unless, at the time of Order placement, Customer furnishes USDD with a valid exemption certificate or other documentation sufficient to verify exemption from Taxes, including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to reimburse USDD for any such payments made by USDD. SHIPPING/DELIVERY/RISK OF LOSS. 8.1.Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. USDD and its affiliated entities are not liable, either directly or indirectly, for delays of carriers or delays in connection with any Force Majeure Event (as defined in Section 17 below), and the estimated delivery date shall be extended accordingly. 8.2.Future Delivery and Repricing. USDD will schedule delivery in accordance with its standard lead times unless the Order states a later delivery date or the parties otherwise agree in writing. USDD will accept Orders with a future ship date of up to eighteen (18) months from the date of the entry of the Order. Customer agrees that in the event an Order is scheduled to be delivered more than six (6) months from the date of the entry of the Order, USDD may, in its sole determination and at each six (6) month anniversary of the date of the entry of the Order, adjust the pricing of the Order to conform to the then-current prices of the USDD Products included in the Order. USDD will include any repricing in its final invoice related to the Order. 8.3.Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay USDD a storage fee (the “Storage Fee”), as set forth in the quote, for each month after six (6) months from the date of the entry of the Order Customer has not taken delivery of the Products in the Order. USDD will separately invoice any storage fees owed under this Section at the end of each month for which the storage fees are owed. 8.4.Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i) EX Works (EXW Incoterms 2020) USDD’s point of shipment (“USDD Dock”) for all shipments (except that USDD is responsible for obtaining any export license), and (ii) F.O.B. USDD Dock for all domestic shipments. For shipments from a USDD Dock to a Buyer location within the same country, the import/export provisions of the INCOTERMS do not apply. USDD shall be responsible for obtaining insurance on each shipment to Customer for the full value of the shipment. Shipment shall be to a single point of delivery. LIMITED WARRANTY. CUSTOMER’S EXCLUSIVE REMEDIES AND USDD’S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY PRODUCT SOLD IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY OTHER LIABILITY OR OBLIGATION OF USDD, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE, LOSS, OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR REPLACEMENT (AT USDD’S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON USDD UNLESS SET FORTH IN WRITING AND SIGNED BY A USDD AUTHORIZED REPRESENTATIVE. 9.1.Product Warranty Terms. Subject to the terms, conditions and limitations contained herein, and unless USDD has otherwise provided an alternative written warranty (in which case the terms of such warranty will control), USDD warrants and guarantees its products will be free from defects in workmanship and materials (collectively, “Defects”) for 12 months from the date of shipment to Customer (“Warranty Period”). This limited warranty does not cover defects caused by normal wear and tear or maintenance. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 8 of 12 9.2.Product Defects. If a Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, USDD, at its option, will either (1) repair the Product defect at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the Product with a Product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for ninety (90) days from the date of repair, whichever is longer. When a Product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Parts provided by USDD in fulfillment of its warranty obligation must be used in the same USDD Fire Station Alerting System for which the warranty claim is made. 9.3.Procedure for Warranty Claims. 9.3.1.Prior to making a Warranty claim,Customer is encouraged to review USDD’s online help resources.Thereafter,to make a valid claim hereunder,Customer must contact USDD technical support and describe the problem or defect with specificity.The first such contact must occur during the Warranty Period.USDD’s technical support contact information can be found on USDD’s web site at http://stationalerting.com/home/about-usdd/contact-usdd/.Customer must use its best efforts to assist in diagnosing defects,follow USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder. 9.3.2.Customer shall be responsible for appropriately packing and shipping Products,to USDD for repair,and shall bear all risks and costs associated withof,shipping any Product to USDD for repairthe same.USDD shall be responsible for,and bear all risks and costs of,returning any Product to Customer after repair or replacement,but Customer will be responsible for paying any customs or import duties payable upon receipt of any repaired or replacement Products.A replacement Product will be returned to Customer configured as it was when the Product was originally purchased, subject to applicable updates. 9.4.Return Material Authorization Process.If a Customer makes a warranty claim for a Product during the Warranty Period,the Customer shall provide USDD with the Product model and serial number and failure information to initiate the RMA process.Upon USDD’s issuance of the RMA,USDD will send the replacement Product,shipped postage paid ground shipping,to the address provided by Customer.RMA requests approved between 12:00 a.m.and 2:00 p.m.Mountain Standard Time are shipped on the same business day.After 2:00 p.m.Mountain Standard Time,the replacement Product is shipped on the next business day.All RMA requests are processed on the business day on which the request was received,excluding holidays.Included with the shipped package will be return shipment instructions and a pre-paid return shipping label for the Product that the Customer is returning.The original Product must be returned in the shipping box provided by USDD.No goods will be accepted for exchange or return without a pre-approved RMA number or which have not been properly packaged in USDD’s shipping box to ensure that goods are not damaged due to improper packing and the shipping process.The original Product must be shipped back within 10 days of receiving the replacement.Failure to return the original Product,or failure to return in an appropriate manner,will cause Customer to incur a replacement charge equal to full market value of the replacement Product. 9.5.No Fault Found.USDD reserves the right to charge 50%of the standard repair price if the returned Product is found to have no defect covered by the Warranty.Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return because the product is “old.”Product returns will not be allowed if,upon examination of the returned Product,it is determined that the Product was subjected to accident,misuse,neglect,alteration,improper installation,unauthorized repair,improper testing,or poor packaging upon return. In such event, USDD shall invoice Customer for the full market value of the replacement Product. 9.6.WARRANTY EXCLUSIONS & DISCLAIMERS. 9.6.1.USDD does not warrant that the operation of its Products or any related peripherals will be uninterrupted or error-free.USDD further does not warrant nor support any system configuration that deviates from this specific quote’s documented station system design file number. 9.6.2.USDD does not warrant or support any system not installed by G2 Trained &Certified Installation technician (installer).If Customer intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant or support the Products unless USDD has had a chance to review documented engineering assumptions and approve system integrity, performance, and reliability expectations. 9.6.3.USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the use of the Products.This Warranty does not apply to any Products, including the hardware or software, not used for its intended purpose. 9.6.4.USDD cannot warrant nor support any system not using USDD-approved Uninteruptable Power Supply Battery Backup.This Warranty does not apply to monitors or televisions manufactured by third parties.Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty,if any.Recovery and reinstallation of hardware and user data (including passwords)are not covered under this Warranty. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 9 of 12 9.6.5.This Warranty does not apply:(a)to consumable parts,such as batteries,unless damage has occurred due to a defect in materials or workmanship;(b)to cosmetic damage,including but not limited to scratches,dents and broken plastic on ports;(c)to damage caused by use with non-USDD products;(d)to damage caused by accident,abuse,misuse,flood,lightning,fire,earthquake or other external causes;(e)to damage caused by operating the Product outside the permitted or intended uses described by USDD;(f)to damage or failure caused by installation or service (including upgrades and expansions)performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider;(g)to a Product or part that has been modified to alter functionality or capability without the written permission of USDD;(h)to Software (as defined below);(i)to any other damage caused by an event or action outside of USDD’s control,including,without limitation,Customer’s failure to apply required or recommended updatres or patches to any Software or Product;or (h)if any serial number has been removed or defaced. LIMITATIONS OF LIABILITY.TO THE EXTENT PERMITTED BY LAW,THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS,WHETHER ORAL OR WRITTEN,STATUTORY,EXPRESS OR IMPLIED.AS PERMITTED BY APPLICABLE LAW,USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.If USDD cannot lawfully disclaim statutory or implied warranties,then to the extent permitted by law,all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller,agent,or employee is authorized to make any modification,extension,or addition to this Warranty.If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS,AND TO THE EXTENT PERMITTED BY LAW,USDD IS NOT RESPONSIBLE FOR DIRECT,SPECIAL,INCIDENTAL,PUNITIVE,OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION,OR UNDER ANY OTHER LEGAL THEORY,INCLUDING BUT NOT LIMITED TO LOSS OF USE;LOSS OF REVENUE;LOSS OF THE USE OF MONEY;LOSS OF ANTICIPATED SAVINGS;LOSS OF GOODWILL;LOSS OF REPUTATION;AND LOSS OF,DAMAGE TO OR CORRUPTION OF DATA.USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED,INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY,ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS,AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. ALL PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS.USDD’S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO USDD FOR THE PRODUCTS GIVING RISE TO THE CLAIM. CUSTOMER SHALL NOT BRING A LEGAL OR EQUITABLE ACTION AGAINST USDD MORE THAN ONE YEAR AFTER THE FIRST EVENT GIVING RISE TO A CAUSE OF ACTION,UNLESS A SHORTER LIMITATIONS PERIOD IS PROVIDED BY APPLICABLE LAW.USDD disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon. SERVICE AGREEMENT.The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance program unless specifically contracted for between USDD and Customer.USDD offers a comprehensive post-Warranty Service Agreement at additional cost. Customer should contact USDD regarding its Service Agreement and costs associated therewith. SOFTWARE PRODUCTS.All software Products delivered by USDD to Customer or for which USDD provides access,including,without limitation,USDD’s mobile application software and Products with embedded software or firmware (collectively,“Software”)are not sold and are licensed.At all times that Customer is in compliance with the terms of these Terms and Conditions and any other agreement between the parties,Customer shall have a non-exclusive,non-transferable,fully paid license to use the Software,but only in conjunction with the Products provided by USDD and Customer’s fire station alerting system (the “License”).The terms of such Software License may be set forth in a separate software license agreement or end user license agreement provided by USDD with such Software.In no event shall Customer have any right to (or authorize or allow any third party to)distribute,sell,lend,rent,transfer,or convey the Software;grant any sublicense,lease,or other rights in the Software;decompile,disassemble,reverse engineer,or otherwise attempt to reconstruct,identify,or discover any source code,underlying user interface architecture or techniques,or algorithms of the Software by any means;or take any action that would cause the Software or any portion of it to be placed in the public domain.In the event of a conflict between the terms of any Software license terms provided upon download or purchase a purchase and these Terms and Conditions,the relevant Software license terms shall control solely with respect to such Software. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 10 of 12 INTELLECTUAL PROPERTY:Customer hereby agrees and acknowledges that USDD owns all rights,title,and interest in and to the Intellectual Property (as defined below).Customer agrees to not remove,obscure,or alter USDD’s or any third party's copyright notice, trademarks,or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through USDD’s Product (as defined below).Nothing herein shall be deemed to give,transfer,or convey to Customer any rights in the Intellectual Property other than the License,as set forth above.For purposes of this Section,“Intellectual Property"means any and all rights of USDD related to USDD’s Products existing from time to time under patent law,copyright law,trade secret law,trademark law,unfair competition law,and any and all other proprietary rights, and any and all derivative works, work product, applications, renewals, extensions and restorations thereof, now or hereafter in force and effective worldwide. REMOTE ACCESS TO THE SYSTEM. 14.1.Remote Access.USDD requires remote network access to the Customer’s Products through Secure Shell (SSH)to perform implementation and support tasks under this Agreement.To enable remote network access,the Customer will provide USDD support personnel VPN or similar remote network access to the Products for USDD support personnel (“Customer Support”)to effectively troubleshoot critical or complex problems and to expedite resolution of such issues.Remote network access is also used to install core software upgrades and customized software.USDD will only access Customer’s Products with the knowledge and consent of Customer.USDD will not access any other systems or data. 14.2.Alternative to Network Access.If the Customer elects not to provide remote network access to the Products,then USDD may not be able to perform some support functions.Customers that elect not to routinely provide network access may temporarily reinstate this access to allow USDD to perform the above services.The following services will not be performed without this access:Product software upgrades;Product software customization;Network troubleshooting assistance including packet capture and network monitoring on USDD devices;Detailed log analysis; Bulk updates to certain Product database tables; Troubleshooting that requires low-level system access or large file transfer. 14.3.Timely Access.Customers much ensure that remote access is available prior to notifying USDD of a support request.In the event that the Customer is unable to provide remote access,USDD will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply. 14.4.Physical Security Tokens.USDD has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the USDD office. If the customer requires the use of physical security tokens, this may delay after hours service. GOVERNING LAW.This proposal and any contract or agreement resulting therefrom will be governed by and construed according to the laws of the State of Arizona without regard to its conflicts of law principles. DISPUTE RESOLUTION/ARBITRATION.Before either USDD or Customer initiate any dispute resolution process related to the Agreement, they must schedule a mandatory executive resolution conference to be held within thirty (30)days of receipt of the other party’s written request. The conference must be attended by at least one executive from each party.At the conference,each party will present its view of the dispute in detail and the executives will enter into good faith negotiations in an attempt to resolve the dispute.If the dispute is not resolved within fifteen (15)days of the end of the conference or if one party refuses to attend the executive resolution conference,then USDD and Customer further agree that any remaining dispute between them arising out of or relating to this Agreement will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules,to the extent such rules are not inconsistent with this Section,in the AAA’s Phoenix regional office by a single,neutral arbitrator.Discovery may be conducted either upon mutual consent of the parties or by order of the arbitrator upon good cause being shown.In ruling on motions pertaining to discovery,the arbitrator shall consider that the purpose of arbitration is to provide for the efficient and inexpensive resolution of disputes,and the arbitrator shall limit discovery whenever appropriate to ensure that this purpose is preserved.The arbitrator shall permit dispositive motions and issue a written decision sufficient to explain the essential findings and conclusions and may award damages.Any award rendered by the arbitrator will be final and binding upon USDD and Customer,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.USDD and Customer expressly and irrevocably consent to the jurisdiction of the Maricopa County Superior Court of Arizona for such purpose.In the event a dispute is submitted to arbitration pursuant to this Section,the prevailing party shall be entitled to the payment of its reasonable attorneys’fees and costs, as determined by the arbitrator.Each of the parties shall keep all disputes and arbitration proceedings strictly confidential,except for disclosures of information required by applicable law or regulation. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 11 of 12 FORCE MAJEURE.Except for Customer’s duty to pay sums due hereunder,neither party will be liable to the other for any failure to meet its obligations due to any Force Majeure Event.As used herein,a “Force Majeure Event”is one that is beyond the reasonable control of the non- performing party and may include,but is not limited to:(a)delays or refusals to grant an export license or the suspension or revocation thereof, (b)embargoes,blockages,seizure or freeze of assets,or any other acts of any government that would limit a party’s ability to perform the Contract,(c)fires,earthquakes,floods,tropical storms,hurricanes,tornadoes,severe weather conditions,or any other acts of God,(d) quarantines,pandemics,or regional medical crises,(e)labor strikes,lockouts,or pandemic worker shortages,(f)riots,strife,insurrection,civil disobedience,landowner disturbances,armed conflict,terrorism or war,declared or not (or impending threat of any of the foregoing,if such threat might reasonably be expected to cause injury to people or property),and (g)shortages or inability to obtain materials or components.The party unable to fulfill its obligations due to Force Majeure will promptly (i)Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure; and (ii) Use all reasonable efforts to avoid or remove the cause and perform its obligations. If a Force Majeure Event results in a delay, then the date of performance will be extended by the period of time that the non-performing party is actually delayed or for any other period as the parties may agree in writing. In the event that a Force Majeure Event is ongoing for a period of time which is sixty (60) days or longer, USDD may provide notice to Customer that it is cancelling its Order. ACCEPTANCE OF TERMS.This proposal shall become a binding contract between the Customer and USDD when accepted in writing by the Customer.Without limiting the foregoing,issuance by Customer of a purchase order to USDD for any of the goods or services herein described shall constitute acceptance.Any such acceptance shall be with the mutual understanding that these Terms and Conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. No waiver,alteration,or modification of these terms and conditions shall be binding unless in writing and signed by an authorized representative of USDD. SEVERABILITY.In the event any provision or portion of a provision herein is determined to be illegal,invalid,or unenforceable,the validity and enforceability of the remaining provisions shall not be affected and,in lieu of such provision,a provision as similar in terms as may be legal, valid, and enforceable shall be added hereto. WAIVER.The failure of either party to insist upon strict performance of any provision of these Terms and Conditions,or to exercise any right provided for herein,shall not be deemed to be a waiver for the future of such provision or right,and no waiver of any provision or right shall affect the right of the waiving party to enforce any provision or right herein. NO JOINT VENTURE.The parties acknowledge that they are independent entities and nothing contained in these Terms and Conditions shall be construed to constitute either party hereto as the partner,joint venturer,employee,agent,servant,franchisee,or other representative of the other party hereto,and neither party has the right to bind or obligate the other,except as otherwise provided herein.Furthermore,nothing contained in these Terms and Conditions shall be construed to constitute Customer as an exclusive purchaser of the Products in any respect. THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 12 of 12 USDD.TX_ANNA.FS02.FSA.DWGdesign byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateT H I S D O C U M E N T CONTAINS CONFID ENTIAL A N D P R O P R I E T A R Y I N F O R M A T I O N W H I C H I S THE EXCLUSIVE PROPERTY OF U S D IGI T AL DE S I G N S , I N C . R E P R O D U C T I O N , DISTRIBU TION OR USE BY OTHERS, IN WHO LE OR I N P A RT, IS N O T PER M ITTED W I T H O U T T H E W R I T T E N AUTHORIZATION FROM US D I G I T A L D E S I G N S , I N C . PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 4/24/2023 - 1:49PMSYMBOL DESCRIPTION G2 I/O REMOTE PUSH BUTTON - RED G2 STROBE LIGHT SPEAKER, WEATHER-PROOF SPEAKER, FLUSH MOUNT SPEAKER, METAL BOX G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX OEM TRANSFORMER G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE OEM FLAT PANEL MONITOR, XX", WITH MOUNT G2 MESSAGE SIGN (STANDARD 24") VOLUME CONTROL (CUSTOMER SUPPLIED) G2 ROOM REMOTE 2 ARTICULATING ARM MOUNT - LONG ADAPTER PLATE DOUBLE PUSH BUTTON - BLACK G2 OMNIALERT STROBE SPEAKER G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN (EXTENDED 36") ADAPTER PLATE SINGLE G2 MESSAGE REMOTE 2 G2 ATX STATION CONTROLLER G2 EXPANSION MODULE G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER SYMBOL DESCRIPTION TVR PB BLACK PB RED CIR STR ATX I/O T UPS AMP MR2 EXP RR2 S S S ADS MSE MSML MSS MSM VC S S ADP MSML S LAR G2 LOCAL AREA REMOTE FPD MOUNT FPM - XX"addressEND- U S E R -A P P ROVALINSTAL L E R -R E V I E WEND-USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) SIGNATURE REQUIRED G2 VIDEO DOOR STATION VDS ANNA FIRE DEPARTMENT, TXFIRE STATION 02150 STANDRIDGE BLVD. ANNA, TX 75409DMGNOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.SA.4TAP @ 4W RR2RR2RR2RR2RR2S S S S S ALL RR2 PoE (TYP. 8)RR2RR2S S PoE PoE TVR TO ATX SWITCH ONLY TVR TO ATX SWITCH ONLY PB BLACK PB RED DOORBELL EMERGENCY ALERT ATX UPS MR2 MR2 MR2-A PoE MR2-B PoE EXP UPS ADPMSMLMSSMSSPoEADPMSMLMSSMSSPoE S TO MR2-A BY ATX S TO MR2-A BY ATX S A.4 TAP @ 8W S A.4 TAP @ 8W PB RED EMERGENCY ALERT TVR TO ATX SWITCH ONLY STR S S SS A.1 TVR TO ATX SWITCH ONLYRR2RR2S S S S S S S A.3 RR2S A.2 S S S S S SS S S A.1 MR2 MR2-C PoE Count Name 1 G2 ATX STATION CONTROLLER 1 G2 EXPANSION UNIT (G2-EXP-12) 4 G2 HDTV REMOTE 15 G2 LED SPEAKER (G2-LVL-HC-70) 3 G2 MESSAGE REMOTE 2 4 G2 MESSAGE SIGN STANDARD (MS-G2-S) 2 G2 MS ADAPTOR PLATE DOUBLE (AP-D) 3 G2 OMNISTROBE SPEAKER 1 G2 STROBE LIGHT 2 G2 UPS (G2-UPS) 2 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 2 PUSH BUTTON (RED) 10 ROOM REMOTE 2 (RR-2) 16 SPEAKER FLUSH MOUNT 3 SPEAKER WEATHER-PROOF Count Name 15 G2 PoE PORT REQUIRED USDD.TX_ANNA.FS02.FSA.DWGdesign byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateT H I S D O C U M E N T CONTAINS CONFID ENTIAL A N D P R O P R I E T A R Y I N F O R M A T I O N W H I C H I S THE EXCLUSIVE PROPERTY OF U S D IGI T AL DE S I G N S , I N C . R E P R O D U C T I O N , DISTRIBU TION OR USE BY OTHERS, IN WHO LE OR I N P A RT, IS N O T PER M ITTED W I T H O U T T H E W R I T T E N AUTHORIZATION FROM US D I G I T A L D E S I G N S , I N C . PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 4/24/2023 - 1:49PMSYMBOL DESCRIPTION G2 I/O REMOTE PUSH BUTTON - RED G2 STROBE LIGHT SPEAKER, WEATHER-PROOF SPEAKER, FLUSH MOUNT SPEAKER, METAL BOX G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX OEM TRANSFORMER G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE OEM FLAT PANEL MONITOR, XX", WITH MOUNT G2 MESSAGE SIGN (STANDARD 24") VOLUME CONTROL (CUSTOMER SUPPLIED) G2 ROOM REMOTE 2 ARTICULATING ARM MOUNT - LONG ADAPTER PLATE DOUBLE PUSH BUTTON - BLACK G2 OMNIALERT STROBE SPEAKER G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN (EXTENDED 36") ADAPTER PLATE SINGLE G2 MESSAGE REMOTE 2 G2 ATX STATION CONTROLLER G2 EXPANSION MODULE G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER SYMBOL DESCRIPTION TVR PB BLACK PB RED CIR STR ATX I/O T UPS AMP MR2 EXP RR2 S S S ADS MSE MSML MSS MSM VC S S ADP MSML S LAR G2 LOCAL AREA REMOTE FPD MOUNT FPM - XX"addressEND- U S E R -A P P ROVALINSTAL L E R -R E V I E WEND-USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) SIGNATURE REQUIRED G2 VIDEO DOOR STATION VDS ANNA FIRE DEPARTMENT, TXFIRE STATION 02150 STANDRIDGE BLVD. ANNA, TX 75409DMGNOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. S TO MR2-C BY ATX S SS A.1 Item No. 6.j. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute an agreement for professional services between the City of Anna, Texas, and Project Advocates for construction project control services for the construction of the Municipal Complex Plaza. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is to authorize the City Manager to execute an agreement with Project Advocates to function as the owner's representative through construction of the Municipal Complex Plaza project. Project Advocates has been involved in the project since the beginning and will be assisting in keeping the project on-schedule and on- budget through construction, through the following service items: • Managing change orders and contracts • Reviewing pay applications compared to completed work • Attendance at regular construction meetings • Assisting the owner with procurement of furniture, finishing, and signage • Preparation of punch lists and managing contractor completion of all punch list items The proposed cost of $78,716, plus up to $3,000 in reimbursable expenses fits within the current project budget. Staff finds the services listed above to be valuable to the City and of significant benefit to the project. Staff recommends approval. FINANCIAL IMPACT: Funding for the Anna Community Library project was appropriated in the FY2022-2025 Community Investment Program budget in the amount of $22 million from the General Obligation Bond Fund. Funding for the Municipal Complex Plaza project was appropriated in the FY2023 Community Investment Program budget in the amount of $2 million from the Economic Development Corporation and $1.5 million from Park Development Funds. The estimated price for the construction contract of both projects combined is $16.5 million, not including the owner's contingency and soft costs. The estimated cost of the Project Advocate project management services is $82,000 and well within the available budget. BACKGROUND: Project Advocates is already providing similar services on the Library project. The Plaza component was specifically not included in their original scope due to the City not being sure of the timing of plaza construction. Now that the City is moving forward with construction of the plaza, it is recommended to add this to Project Advocates's scope. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. RES. Professional Services - Project Advocates - Plaza CITY OF ANNA, TEXAS RESOLUTION NO._________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND PROJECT ADVOCATES FOR CONSTRUCTION PHASE SERVICES ON THE MUNICIPAL COMPLEX PLAZA FOR THE CITY OF ANNA, TEXAS, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna FY23-24 Budget includes funding for a Capital Improvement Plan project for the Municipal Complex Plaza in the City of Anna, Texas (“the Project”); and WHEREAS, the City is entering into the construction phase of the project; and WHEREAS, Project Advocates is a professional services firm which provides project management and owner representation services for construction projects; and WHEREAS, the City is seeking to contract with Project Advocates to complete construction phase services on the project on a fixed fee basis totaling $78,716 plus reimbursable expenses; and WHEREAS, the services provided by Project Advocates will be funded through the existing funding identified for the project; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City Council hereby approves entering into and authorizes the City Manager to execute a professional services agreement with Project Advocates as shown in Exhibit “A” attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT “A” Item No. 6.k. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute an amendment to the Impact Fee Reimbursement agreement by and between the City of Anna, Texas and Starlight Homes, Ltd. (Assistant City Manager Greg Peters, P.E.) SUMMARY: In April of this year, the City entered into a Wastewater Impact Fee Reimbursement Agreement by and between the City of Anna, Texas, Starlight Homes, LLC, and Saginaw 106, LTD, for the construction of public sanitary sewer system improvements. The executed agreement was filed in the Official Records of Collin County on or about May 18, 2023. This amendment is an update to the original agreement, stating the following provisions: 1. The City obtained the required CIP Amendment per the agreement so that the project is now included in the City's Capital Improvement Plan. 2. Starlight agrees to complete the construction of the improvements on or before October 1, 2024. 3. Minor changes to terms between the developers. The purpose of this amendment is to acknowledge that the project has been added to the City's Capital Improvement Plan and is eligible for impact fee reimbursement, and to establish a reasonable timeline for construction of the improvements to be completed. The City Attorney has reviewed the amendment and has approved it for City Council consideration. Staff finds the terms to be acceptable and recommends approval as a consent agenda item. FINANCIAL IMPACT: This item has no financial impact. The financial investment from the City has not changed from the original agreement. BACKGROUND: The City Council approved the original agreement by Resolution 2023-04-1418, which is attached as exhibit A. Exhibit B is the latest approved Wastewater Master Plan adopted by the City Council this year. Exhibit C is the Ordinance approving the updates to the Master Plan. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Amendment to Wastewater Impact Fee Agreement 2. Coyote Meadows WWIFRA Amendment 3. Exhibit A - Res 2023-04-1418 Impact Fee Reimbursement Agreement for Sanitary Sewer Infrastructure 4. Exhibit B - City of Anna_Wastewater Master Plan 2023 5. Exhibit C - Ord 1080-2023-09 Amending Ord 999-2022 Adopting Revisions to Water & Wastewater Master Plans 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO A WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT WITH STARLIGHT HOMES TEXAS, LLC, SAGINAW 106, LTD, AND TFCC COYOTE, LLC, FOR THE DESIGN AND CONSTRUCTION OF PUBLIC SANITARY SEWER SYSTEM IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Coyote Meadows Lift Station is shown in the Wastewater Master Plan and the 10-year Capital Improvement Plan for the City of Anna, Texas; and, WHEREAS, the City has identified the project as a critical infrastructure project for the City; and, WHEREAS, the City previously entered into a Wastewater Impact Fee Agreement approved by Resolution 2023-04-1418; and, WHEREAS, the City finds the terms included in Amendment 1 to the Wastewater Impact Fee Reimbursement Agreement to be reasonable and acceptable; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the Mayor to execute Amendment 1 to the Wastewater Impact Fee Reimbursement Agreement. That funding for the project shall come from Wastewater Impact Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of ________ 2023. ATTEST: APPROVED: __________________________ __________________________ 2 City Secretary, Carrie Land Mayor, Nate Pike 3 Exhibit A (see attached Amendment to the Wastewater Impact Fee Reimbursement Agreement) 4 WHEN RECORDED, RETURN TO: First American Title Company 2109 Summer Lee Drive, Suite J101 Rockwall, Texas 75032 Attention: Angela Scott NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STR IKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS. YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § FIRST AMENDMENT TO WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT THIS FIRST AMENDMENT TO WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT (“First Amendment”), is entered into as of the __ day of November 2023, by and between the CITY OF ANNA, TEXAS a home-rule municipality in Collin County, Texas (the “City”), STARLIGHT HOMES TEXAS, L.L.C., a Delaware limited liability company, its successors and assigns (“Starlight”), SAGINAW 106, LTD. a Texas limited partnership, its successors and assigns (“Saginaw”), and TFCC COYOTE LLC, a Texas limited liability company (“TFCC”). City, Starlight, Saginaw and TFCC are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. A. On May 18, 2023, the Wastewater Impact Fee Reimbursement Agreement dated May 17, 2023, and executed by City, Starlight and Saginaw was recorded as Document No. 2023000054593 in the Official Public Records of Collin County, Texas (the “Original Agreement”). B. On the effective date of the Original Agreement, the Partial Assignment and Assumption of Wastewater Impact Fee Reimbursement Agreement was effective and recorded as Document No. 2023000103849 in the Official Public Records of Collin County, Texas, whereby Starlight partially assigned some of its rights to receive the Starlight Impact Fee Reimbursement under the Original Agreement to TFCC (the “Assignment” and together with the Original Agreement, the “Agreement”). C. The Parties desire to modify certain provisions of the Agreement, and agree to certain other matters as set forth below. The capitalized terms not otherwise defined herein shall have the same meanings as in the Agreement. 5 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The Recitals set forth above in this First Amendment are hereby incorporated by reference as if set forth in full in this Paragraph 1. 2. Approvals and CIP Amendment. The City obtained the CIP Amendment and all Approvals required under the Agreement for the commencement of construction of the Public Improvements. City represents and warrants that all requisite actions necessary to authorize and approve the CIP Amendment were taken and approved in accordance with the Agreement and all applicable laws and approved by the City Council. 3. City Obligations. Section 3.3(d)(4) of the Agreement is amended to add the following language at the end of Paragraph (d)(4): “Notwithstanding anything to the contrary contained herein, it is the intent of the Parties that the City’s Contribution to Construction Costs will be split among the Developers based on Starlight’s Share and Saginaw’s Share; however, final Accounting and payment of the Developers’ shares will be based on that portion of the final Construction Costs actually advanced by each Developer pursuant to the final Accounting. If the final Accounting shows the total actual Construction Costs are more than the amounts deposited by Starlight and Saginaw pursuant to a separate escrow agreement whereby Starlight deposited $4,258,587 (76%) and Saginaw deposited $1,344,817 (24%), then the party who pays for such additional Construction Costs has the right to collect the proportionate amount (using 76% for Starlight and 24% for Saginaw) of the excess owed by the other party from the City’s Contribution before any other dollars of the City’s Contribution are dispersed with the remaining funds distributed with Starlight getting 76% and Saginaw getting 24%. (By way of example only, if the final Accounting includes total actual Construction Costs exceeding the $5,603,404 in escrow by $100,000, then Starlight would be responsible for $76,000 and Saginaw would be responsible for $24,000 of such excess costs. If Saginaw pays for all $100,000 of the excess costs, then Saginaw could be eligible to get the first $76,000 of the City’s $1,100,000 City Contribution and then the remaining balance of the City’s Contribution in the amount of $1,024,000 would be split 76% to Starlight ($778,240) and 24% to Saginaw ($245,760).) 4. Timing of Public Improvement Obligations. Section 3.3(c) of the Agreement is deleted in its entirety and replaced with the following: “(c) Timing of Public Improvement Obligations. Subject to force majeure and the terms of this Agreement, Starlight shall commence construction of the Public Improvements on or before October 1, 2023. For the purposes of this Section, “commence construction of Public Improvements” shall mean for Starlight to select a contractor, hold a pre-construction meeting with the City, and engage in construction activities within the Properties, or within the Rosamond Parkway, County Road 425 corridors. Subject to force majeure and the terms of this 6 Agreement, Starlight shall complete construction of the Public Improvements in a good and workmanlike manner on or before October 1, 2024. 5. Remainder of Agreement. The remaining provisions of the Agreement (including, without limitation, all exhibits and attachments thereto) not otherwise amended by this First Amendment shall remain in full force and effect. 6. Miscellaneous. In the event of any conflict between the meaning of any provision of this First Amendment and any provision of the Agreement, the provisions of this First Amendment shall control. Except as expressly set forth in this First Amendment, the underlying Agreement is hereby ratified and confirmed by the Parties. The Parties acknowledge, understand and agree that although the Agreement is being modified by this First Amendment, all other terms of the Agreement are hereby affirmed and shall remain in full force and effect. [Signatures on following pages] 7 IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date first set forth above. CITY: CITY OF ANNA, a home-rule municipality in Collin County, Texas By: Name: Nate Pike Title: Mayor Date: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on this __ day of _______________ 2023, Nate Pike, Mayor of the City of Anna, a home-rule municipality in Collin County, Texas. Notary Public, State of Texas [SEAL] 8 STARLIGHT: STARLIGHT HOMES TEXAS, L.L.C., a Texas limited liability company By: Name: __________________________ Title: ________________ THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________ of Starlight Homes Texas, L.L.C., a Texas Limited Liability Company. Notary Public in and for the State of Texas 9 SAGINAW: SAGINAW 106, LTD., a Texas limited partnership By: Windfall Investments, Inc.., a Texas corporation, its general partner By: Name: _______________________ Title: ___________________ THE STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________ President of Windfall Investments, Inc., general partner to Saginaw 106, LTD, on behalf of said entity. Notary Public in and for the State of Texas 10 TFCC: TFCC COYOTE LLC, a Texas limited liability company By: Name: _______________________ Title: ___________________ THE STATE OF VIRGINIA § § COUNTY OF RICHMOND § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________, _____________ of TFCC Coyote LLC, a Texas Limited Liability Company, on behalf of said limited liability company. Notary Public in and for the State of Virginia NOTARY SEAL 1 WHEN RECORDED, RETURN TO: First American Title Company 2109 Summer Lee Drive, Suite J101 Rockwall, Texas 75032 Attention: Angela Scott NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STR IKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS. YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § FIRST AMENDMENT TO WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT THIS FIRST AMENDMENT TO WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT (“First Amendment”), is entered into as of the __ day of November 2023, by and between the CITY OF ANNA, TEXAS a home-rule municipality in Collin County, Texas (the “City”), STARLIGHT HOMES TEXAS, L.L.C., a Delaware limited liability company, its successors and assigns (“Starlight”), SAGINAW 106, LTD. a Texas limited partnership, its successors and assigns (“Saginaw”), and TFCC COYOTE LLC, a Texas limited liability company (“TFCC”). City, Starlight, Saginaw and TFCC are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. A. On May 18, 2023, the Wastewater Impact Fee Reimbursement Agreement dated May 17, 2023, and executed by City, Starlight and Saginaw was recorded as Document No. 2023000054593 in the Official Public Records of Collin County, Texas (the “Original Agreement”). B. On the effective date of the Original Agreement, the Partial Assignment and Assumption of Wastewater Impact Fee Reimbursement Agreement was effective and recorded as Document No. 2023000103849 in the Official Public Records of Collin County, Texas, whereby Starlight partially assigned some of its rights to receive the Starlight Impact Fee Reimbursement under the Original Agreement to TFCC (the “Assignment” and together with the Original Agreement, the “Agreement”). C. The Parties desire to modify certain provisions of the Agreement, and agree to certain other matters as set forth below. The capitalized terms not otherwise defined herein shall have the same meanings as in the Agreement. 2 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The Recitals set forth above in this First Amendment are hereby incorporated by reference as if set forth in full in this Paragraph 1. 2. Approvals and CIP Amendment. The City obtained the CIP Amendment and all Approvals required under the Agreement for the commencement of construction of the Public Improvements. City represents and warrants that all requisite actions necessary to authorize and approve the CIP Amendment were taken and approved in accordance with the Agreement and all applicable laws and approved by the City Council. 3. City Obligations. Section 3.3(d)(4) of the Agreement is amended to add the following language at the end of Paragraph (d)(4): “Notwithstanding anything to the contrary contained herein, it is the intent of the Parties that the City’s Contribution to Construction Costs will be split among the Developers based on Starlight’s Share and Saginaw’s Share; however, final Accounting and payment of the Developers’ shares will be based on that portion of the final Construction Costs actually advanced by each Developer pursuant to the final Accounting. If the final Accounting shows the total actual Construction Costs are more than the amounts deposited by Starlight and Saginaw pursuant to a separate escrow agreement whereby Starlight deposited $4,258,587 (7476%) and Saginaw deposited $1,344,817 (246%), then the party who pays for such additional Construction Costs has the right to collect the proportionate amount (using 764% for Starlight and 246% for Saginaw) of the excess owed by the other party from the City’s Contribution before any other dollars of the City’s Contribution are dispersed with the remaining funds distributed with Starlight getting 764% and Saginaw getting 246%. (By way of example only, if the final Accounting includes total actual Construction Costs exceeding the $5,603,404 in escrow by $100,000, then Starlight would be responsible for $764,000 and Saginaw would be responsible for $246,000 of such excess costs. If Saginaw pays for all $100,000 of the excess costs, then Saginaw could be eligible to get the first $764,000 of the City’s $1,100,000 City Contribution and then the remaining balance of the City’s Contribution in the amount of $1,0246,000 would be split 764% to Starlight ($759778,240) and 246% to Saginaw ($246245,240760).) 4. Timing of Public Improvement Obligations. Section 3.3(c) of the Agreement is deleted in its entirety and replaced with the following: “(c) Timing of Public Improvement Obligations. Subject to force majeure and the terms of this Agreement, Starlight shall commence construction of the Public Improvements on or before October 1, 2023. For the purposes of this Section, “commence construction of Public Improvements” shall mean for Starlight to select a contractor, hold a pre-construction meeting with the City, and engage in construction activities within the Properties, or within the Rosamond Parkway, County Road 425 corridors. Subject to force majeure and the terms of this 3 Agreement, Starlight shall complete construction of the Public Improvements in a good and workmanlike manner on or before October 1, 2024. 5. Remainder of Agreement. The remaining provisions of the Agreement (including, without limitation, all exhibits and attachments thereto) not otherwise amended by this First Amendment shall remain in full force and effect. 6. Miscellaneous. In the event of any conflict between the meaning of any provision of this First Amendment and any provision of the Agreement, the provisions of this First Amendment shall control. Except as expressly set forth in this First Amendment, the underlying Agreement is hereby ratified and confirmed by the Parties. The Parties acknowledge, understand and agree that although the Agreement is being modified by this First Amendment, all other terms of the Agreement are hereby affirmed and shall remain in full force and effect. [Signatures on following pages] Signature Page - 1 IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date first set forth above. CITY: CITY OF ANNA, a home-rule municipality in Collin County, Texas By: Name: Nate Pike Title: Mayor Date: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on this __ day of _______________ 2023, Nate Pike, Mayor of the City of Anna, a home-rule municipality in Collin County, Texas. Notary Public, State of Texas [SEAL] Signature Page - 2 STARLIGHT: STARLIGHT HOMES TEXAS, L.L.C., a Texas limited liability company By: Name: __________________________ Title: ________________ THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________ of Starlight Homes Texas, L.L.C., a Texas Limited Liability Company. Notary Public in and for the State of Texas Signature Page - 3 SAGINAW: SAGINAW 106, LTD., a Texas limited partnership By: Windfall Investments, Inc.., a Texas corporation, its general partner By: Name: _______________________ Title: ___________________ THE STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________ President of Windfall Investments, Inc., general partner to Saginaw 106, LTD, on behalf of said entity. Notary Public in and for the State of Texas Signature Page - 4 TFCC: TFCC COYOTE LLC, a Texas limited liability company By: Name: _______________________ Title: ___________________ THE STATE OF VIRGINIA § § COUNTY OF RICHMOND § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________, _____________ of TFCC Coyote LLC, a Texas Limited Liability Company, on behalf of said limited liability company. Notary Public in and for the State of Virginia NOTARY SEAL CITY OF ANNA, TEXAS RESOLUTION NO. 24 23- 44 - 1 y 18 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT WITH STARLIGHT HOMES, L.L.C., AND SAGINAW 106, LTD., FOR THE CONSTRUCTION OF PUBLIC SANITARY SEWER IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Starlight Homes, L.L.C., and Saginaw 106, Ltd. are seeking to develop property near the southeast corner of State Highway 5 and Farm to Market Road 455; and, WHEREAS, a regional sanitary sewer lift station is shown in the Wastewater Master Plan for the City of Anna, Texas to replace the existing sanitary sewer lift station in the Sweetwater Crossing Subdivision; and, WHEREAS, the proposed regional lift station will be constructed within the Saginaw 106, Ltd. property and constructed with the collective development of the Coyote Meadows and Cedar Ridge Estates developments, and will serve the larger area, including existing neighborhoods and future development; and, WHEREAS, the City has identified the regional wastewater lift station as a critical infrastructure project for the City; and, WHEREAS, Starlight Homes, L.L.C., and Saginaw 106, Ltd. collectively agree to provide the design and construction of the identified sanitary sewer improvements in accordance with the City of Anna design standards and regulations, subject to Impact Fee reimbursement from the City of Anna; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Article I. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Article II. Authorization of Payment and Funding. Article III. That the City Council of the City of Anna hereby authorizes the City Manager to execute the Wastewater Impact Fee Reimbursement Agreement in a form approved by the City Attorney. That funding for the project shall come from Wastewater Impact Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this I I'L, day of April 2023. ATTEST: APPROVED: rriEQrroF City Secretary, Carrie Land * Ail17a , ayor, Nate Pike 1913 o 23 Acres 281 Acres Exhibit A see following page) After Recording Return to: City of Anna 120 W 7th St, Anna, Tx 75409 WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT This Wastewater Impact Fee Reimbursement Agreement (this "Agreement") is entered into by and between the CITY OF ANNA, TEXAS a home -rule municipality in Collin County, Texas the "Q ), and STARLIGHT HOMES TEXAS, L.L.C., a Delaware limited liability company, its successors and assigns ("Starli t '), and SAGINAW 106, LTD. a Texas limited partnership, its successors and assigns ("Saginaw 'and together with Starlight, collectively sometimes referred to herein as "Developers" and individually as "Developer"), to be effective on the Effective Date. SECTION 1 RECITALS WHEREAS, certain terms used in these recitals are defined in Section 2; and WHEREAS, the City is a home -rule municipality of the State of Texas located within Collin County; and WHEREAS, Starlight, Saginaw and the City are sometimes collectively referenced in this Agreement as (the "Parties,") or each individually as (a "Par '); and WHEREAS, as of the date of execution of this Agreement, the Developers own and/or are under contract to purchase two tracts of land totaling approximately 218.21 acres of real property located in the City and described by metes and bounds in Exhibit A-1 and Exhibit A-2, said properties consisting of a 153.64 acre tract to be developed by Starlight (Coyote Meadows) described by metes and bounds in Exhibit A-1 (the "Coyote Meadows Property"), and a 64.57 acre tract owned by Saginaw Holdings, L.L.C. (Cedar Ridge Estates) described by metes and bounds in Exhibit A-2 (the "Cedar Ridge Estates Property" and together with the Coyote Meadows Property, collectively sometimes referred to herein as the "Properties"); and WHEREAS, the Coyote Meadows Property is zoned pursuant to PD Ordinance No. 957- 2022 dated January 25, 2022 and the Cedar Ridge Estates Property is zoned as SF-72 and both Properties shall be developed in accordance with said zoning; and WHEREAS, Starlight desires to proceed with the first phase of development of the Coyote Meadows Property as generally described and/or generally illustrated on the Phase 1 preliminary plat and overall development plan shown in Exhibit B-1 (the "Coyote Meadows Preliminary Plat"), which Coyote Meadows Property totals approximately 731 single-family lots; and WHEREAS, Saginaw desires to proceed with development of the Cedar Ridge Estates Property as generally described and/or generally illustrated on the preliminary plat shown in Exhibit B-2 (the "Cedar Ridge Estates Preliminary Plat"), which Cedar Ridge Estates Property totals approximately 223 single-family lots; and WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 1 WHEREAS, the Parties intend that the Properties be developed in accordance with Preliminary Plats and the Development Standards agreed to under this Agreement and the Original Development Agreement; and WHEREAS, Developers desire and intend to design, construct and install and/or make financial contributions to certain Public Improvements to serve the Developments as more particularly set forth herein; and WHEREAS, the Parties intend for the design, construction, and installation of the Public Improvements to be completed by Starlight and dedicated to the City for use and maintenance, subject to approval of the plans and inspection and acceptance of the Public Improvements in accordance with this Agreement and the City Regulations; and WHEREAS, Developers shall be solely responsible for the funding and construction of all of the Public Improvements required to serve the Properties except as expressly set forth in this Agreement; and WHEREAS, the Public Improvements include public sanitary sewer improvements identified in the City of Anna Wastewater Master Plan that will serve the Properties and other areas not owned by Developers; and WHEREAS, subject to the terms and conditions of this Agreement, Developers are willing to fund the construction of all of the Public Improvements, and Starlight is willing to construct said improvements, including certain public sanitary sewer improvements that will serve the Properties and provide for additional capacity in excess of what is necessary to serve the Properties the "Oversized Capacity '); and WHEREAS, Developers have estimated that the costs necessary to complete the sanitary sewer Public Improvements are as set forth in the amounts shown in the Opinion of Probable Construction Cost in Exhibit D and that said total cost is estimated to be approximately 5,603,404.00, which includes actual estimated construction costs in the amount of $4,768,660.00 the "Developer Construction Estimate") and contingency in the amount of $834,744.00, and such costs shall be shared amongst the Parties pursuant to the terms hereof; and WHEREAS, subject to the terms and conditions of this Agreement, Developers shall be obligated to complete and construct improvements including public sanitary sewer improvements as set forth in Exhibit E and in accordance with the City Development Standards, this Agreement, and other required approvals; and WHEREAS, to the extent the Total Construction Cost exceeds the amount of $3,908,463, the City desires to share in the cost of the Public Improvements in an amount not exceeding 1,100,000.00 ("City's Contribution to Construction Costs"), representing the City's financial contribution to the construction costs required to build the Public Improvements in accordance with the City of Anna Wastewater Master Plan and to account for the Oversized Capacity needed to serve the surrounding area; and WHEREAS, Developers understand and acknowledge that the obligations undertaken under this Agreement are primarily for the benefit of the Properties; and WASTEWATER IMPACT FEE REMBURSEMENT AGREEMENT PAGE 2 WHEREAS, Developers understand and acknowledge that the Public Improvements to be constructed by Starlight and dedicated to the City under this Agreement will benefit the Developments by positively contributing to the enhanced nature of the Developments, increasing property values within the Properties, and encouraging investment and ultimate development of the Properties; and WHEREAS, Developers understand and acknowledge that their acceptance of this Agreement is not an exaction or a concession demanded by the City; rather, it is an undertaking of Developers' voluntary design to ensure consistency, quality, and adequate public improvements that will benefit the Developments and the Properties, including without limitation Developers' agreement to adhere to the Development Standards; and WHEREAS, the City and Developers understand and acknowledge that the construction of the Public Improvements and related purchasing and contracting under this Agreement are exempt from the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government Code; and WHEREAS, the City recognizes the positive impact the Public Improvements will bring to the City and that said improvements will promote state and local economic development, stimulate business and commercial activity in the City for the development and diversification of the economy of the state, promote the development and expansion of commerce in the state, and reduce unemployment or underemployment in the state and that this agreement is a program under Chapter 380 of the Texas Local Government Code; and WHEREAS, except as otherwise expressly set forth to the contrary in this Agreement, the Parties intend that this Agreement shall supersede that certain Coyote Meadows Development Agreement recorded in the Official Public Records of Collin County, Texas as Document No. 20211203002458070 (as amended and assigned, the "Original Development Agreement') only to the extent that the Original Development Agreement directly conflicts with the terms or intent of this Agreement; and WHEREAS, unless expressly set forth to the contrary in this Agreement, the Parties intend this Agreement to supersede City Regulations and the City of Anna Wastewater Master Plan only to the extent that City Regulations and/or the City of Anna Wastewater Master Plan directly conflict with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree as follows: SECTION 2 DEFINITIONS Certain terms used in this Agreement are defined in this Section 2. Other terms used in this Agreement are defined in the recitals or in other sections of this Agreement. Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth: Capital Improvements) shall have the meaning provided in Chapter 395, Texas Local Government Code. WASTEWATER IWACT FEE REMBURSEMENT AGREEMENT PAGE 3 Capital Improvements Plan ("CIP") means all capital improvements plan(s) duly adopted by the City under Chapter 395, Texas Local Government Code, as may be updated or amended from time to time. City means the City of Anna, a home -rule municipality located in Collin County, Texas. City Code means The Anna City Code of Ordinances. City Council means the governing body of the City. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of that individual if the designation is in writing and signed by the current or acting City Manager. City Regulations means the City's applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including without limitation park dedication fees), design standards (including without limitation pavement thickness), and other policies duly adopted by the City; provided, however, that as it relates to Public Infrastructure for any given phase, the applicable construction standards (including without limitation uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction of said phase has not commenced within two (2) years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. Construction Costs means any contributions, dedications or costs or fees actually paid for infrastructure improvements, as applicable, including without limitation the costs related to engineering, designing, surveying, permitting, constructing, inspecting, materials, supplies, labor, testing, financing, off -site third -party property/easement acquisitions, and all costs related in any manner to the Public Improvements. Coyote Meadows Property Owner means TFCC Coyote LLC, a Texas limited liability company. Development(s) means (a) individually the Coyote Meadows Property subdivision or the Cedar Ridge Estates Property subdivision, or (b) collectively both subdivisions to be built on the Properties that are the subject of this Agreement. Development Standards mean the design specifications and construction standards permitted or imposed under the City Regulations and, as relates to construction of structures, those standards set forth in that certain Original Development Agreement approved by the City Council of the City of Anna, Texas by Resolution 2021-10-1033. Effective Date means the effective date of this Agreement, which shall be the date upon which all parties have fully executed and delivered this Agreement. Impact Fees means those wastewater impact fees assessed and charged against the Properties in accordance with Chapter 395 of the Texas Local Government Code and as defined WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 4 therein, including without limitation those impact fees paid by or on behalf of any owner, builder or contractor, or paid directly by a Party. For the avoidance of doubt, the term "Impact Fees" when capitalized in this Agreement shall not include roadway impact fees or water impact fees. Impact Fee Accounts means the interest -bearing deposit accounts maintained by the City pursuant to Section 395.024 of the Texas Local Government Code, as amended. Impact Fee Reimbursement means direct payments from the Impact Fee Accounts to reimburse Public Improvement Costs (which expressly include Construction Costs to the extent such Construction Costs are for the Public Improvements that the City requires Developers to construct pursuant to this Agreement or otherwise). Saginaw's Pro Rata Share of Construction Costs means Saginaw's portion of the engineering, design, and construction of the Public improvements at the time of full and final completion, dedication and acceptance of the Public Improvements, and which cost is anticipated to be $938,031.36. Mayor means the Mayor of the City of Anna. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). Preliminary Plats means collectively the Coyote Meadows Preliminary Plat and Cedar Ridge Estates Preliminary Plat, both as approved by the City Council for the development of the Properties as depicted in Exhibit B-1 and Exhibit B-2. Public Improvements means the Capital Improvements consisting of the public sanitary sewer infrastructure facilities listed in Section 3.3(a) and in Exhibit D and depicted in Exhibit E, and that will be dedicated to and maintained by the City to be constructed by Starlight. Public Infrastructure means all public water, wastewater/sewer, detention and drainage, roadway, park and trail, and other public infrastructure necessary to serve the Phase 1 development of each of the Properties and/or to be constructed and dedicated to the City by each Developer for its respective Development. Real Properties Records of Collin County means the official land recordings of the Collin County Clerk's Office. Starlight's Pro Rata Share of Construction Costs means Starlight's portion of the engineering, design, and construction of the Public Improvements at the time of full and final completion, dedication and acceptance of the Public Improvements, and which cost is anticipated to be $2,970,432.64. Total Construction Cost means the final total combined cost of the Public Improvements . WASTEWATER IMPACT FEE REMBURSEMENT AGREEMENT PAGE 5 SECTION 3 PUBLIC EUPROVEMENTS 3.1 Construction, Ownership, and Transfer of Public Improvements. a) Contract Specifications. BGE, Inc. shall prepare, or cause the preparation of, and provide the Parties with, contract specifications and necessary related documents for the Public Improvements. b) Construction Standards, Inspections and Fees. Except as otherwise expressly set forth in this Agreement, the Public Improvements shall be constructed and inspected, and all applicable fees, including but not limited to Impact Fees (subject to the terms hereof and any applicable credits or reimbursements), permit fees, and inspection fees, shall be paid by each Developer for its respective Development, in accordance with this Agreement, the City Regulations, and the regulations of any other governing body or entity with jurisdiction over the Public Improvements. c) Contract Letting. The Parties understand that this Agreement and construction of the Public Improvements are legally exempt from competitive bidding requirements. BGE Inc. shall prepare, or cause the preparation of, and provide to the City all contract specifications and necessary related documents, including the contract proposal showing the negotiated total contract price and scope of work, for the construction of any portion of the Public Improvements that have not been awarded. d) Ownership. All of the Public Improvements and Public Infrastructure shall be owned by the City upon acceptance of them by the City. Each Developer agrees to take any action reasonably required by the City to transfer, convey, or otherwise dedicate or ensure the dedication of land, right-of-way, or easements for each Developer's portion of the Public Improvements and Public Infrastructure to the City. 3.2 Operation and Maintenance. a) Upon inspection, approval, and acceptance of the Public Improvements or any portion thereof, the City shall maintain and operate the accepted public infrastructure and provide retail sewer service to the Properties. b) Within each Development, a homeowners association ("HOA") shall maintain and operate all open spaces, all required trails, amenity centers, common areas, landscaping, screening walls, Development signage and any other common improvements or appurtenances within the Properties that are owned by Developers, their successors or assigns, or the HOA, its successors or assigns, and not maintained or operated by the City. 3.3 Public Improvements a) The Public Improvements are shown on Exhibit E and include: WASTEWATER IMPACT FEE REMBURSEMENT AGREEMENT PAGE 6 1) The Regional Sewer Lift Station in substantially the form and in the location shown on Exhibit E (which expressly replaces and/or modifies the Lift Station Improvements under the Original Development Agreement) 2) 950 linear feet of 18" Sanitary Sewer Main in Rosamond Parkway 3) 1,550 linear feet of 18" Sanitary Sewer Main in County Road 425 4) 5,600 linear feet of 16" Sanitary Sewer Force Main connecting to the existing City of Anna Sewer Main along State Highway 5 b) Developers' Obligations. 1) Starlight's Obligations. Subject to (i) the terms of this Agreement and all of the payment and reimbursement obligations of the Parties herein, (ii) the City's timely acquisition of the Approvals, (iii) the City's approval of the CIP Amendment, and (iv) Saginaw granting all necessary access and construction rights to the Cedar Ridge Estates Property necessary to construct the Public Improvements, Starlight shall be responsible for funding Starlight's Pro Rata Share of Construction Costs and to the extent the Total Construction Cost exceeds $3,908,463 the City's Contribution to Construction Costs, and designing, installing, and constructing the Public Improvements identified in Section 3.3(a)(ffl substantially as described in Exhibit E. Starlight shall provide the City and Saginaw with a detailed project account of all costs associated with the Public Improvements, including receipts, invoices, change orders, and bills paid affidavits as required for determining the final cost of each Public Improvement component to determine the Total Construction Costs ("Accounting"). 2) Saginaw's Obligations. Subject to the terms of this Agreement, Saginaw shall be responsible for funding Saginaw's Pro Rata Share of Construction Costs of the Public Improvements as described in Exhibit D and granting all easements, rights -of -way, and access necessary to allow for the design, construction, installation, permanent dedication, and maintenance of any and all Public Improvements to be located on the Cedar Ridge Estates Property. c) Timing of Public Improvement Obligations. Subject to force majeure and the terms of this Agreement, Starlight shall commence construction of the Public Improvements on or before August 1, 2023. For the purposes of this Section, "commence construction of Public Improvements" shall mean for Starlight to select a contractor, hold a pre -construction meeting with the City, and engage in construction activities within the Properties, or within the Rosamond Parkway, County Road 425 corridors. Subject to force majeure and the terms of this Agreement, Starlight shall complete construction of the Public Improvements in a good and workmanlike manner on or before August 1, 2024; provided, however, Starlight shall not be responsible for any delays in the City acquiring the Approvals and/or the CIP Amendment for the Public Improvements as described below and Starlight's deadlines for commencement and completion of construction of the Public Improvements shall be extended by the same duration of any failure of the City to timely acquire any Approvals and/or the CIP Amendment. If on or before August 30, 2023 the City has not obtained the Approvals and the CIP Amendment as required herein, then this Agreement shall automatically terminate and the Parties shall have no further obligations hereunder. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 7 r f d) Ci , 's Obligations. 1) On or before July 1, 2023, the City, shall acquire all off -site easements, consents, and rights -of -way, including any approvals from DART, required to construct the Public Improvements (collectively "Approvals"). If City is delayed in its acquisition of the Approvals, Starlight's deadlines shall be extended as set forth in Section 3.3(c). The City may utilize condemnation authority to acquire the necessary easements and right-of-way in accordance with applicable law. If the City fails to obtain the Approvals by July 1, 2023, then City shall give written notice to Developers of such failure by July 7, 2023. City shall provide written notice to Developers within 5 days after City obtains the Approvals. 2) The City agrees that it will take all required actions to amend the City's CIP to include all the Public Improvements and the City's Contribution to Construction Costs ("CIP Amendment") within six (6) months of the Effective Date, including without limitation the City Council's consideration and final action of the same. Developers shall have no responsibility for any costs associated with the CIP Amendment. 3) The City shall pay Saginaw its Impact Fee Reimbursement and Starlight its Impact Fee Reimbursement on a quarterly basis from Impact Fees collected by the City through building permits issued within the respective Developer's Development once the City has accepted the Public Improvements. The Impact Fees collected from the Coyote Meadows Property (the "Coyote Meadows Impact Fees") shall be placed in a separate and clearly identifiable interest -bearing Impact Fee Account for the benefit of Starlight (the "Starlight Account'), and the Impact Fees collected from the Cedar Ridge Estates Property (the "Cedar Ridge Estates Impact Fees") shall be placed in a separate and clearly identifiable interest -bearing Impact Fee Account for the benefit of Saginaw (the "Saginaw Account"). The City shall reimburse (i) Starlight by remitting Starlight's Impact Fee Reimbursement to Starlight from the Starlight Account (the Starlight Reimbursement"), and (ii) Saginaw by remitting Saginaw's Impact Fee Reimbursement to Saginaw from the Saginaw Account (the "Saginaw Reimbursement"). The City shall provide X) Starlight the Starlight Reimbursement and (Y) Saginaw the Saginaw Reimbursement. 4) To the extent the Total Construction Cost exceeds $3,908,463 and Starlight fronted the City's Contribution to Construction Costs for the Construction Costs of the Public Improvements including any requirements to serve properties outside of the Development, the City shall review and approve Starlight's Accounting as it relates to the amount attributed to the City's Contribution to Construction Costs and reimburse Starlight for the City's Contribution to Construction Costs paid by Starlight in an amount not to exceed $1,100,000, it being acknowledged that funding for same shall be from such source or sources as determined by the City, in its discretion (which may or may not include sanitary sewer impact fees). The payment for the City's Contribution to Construction Costs shall be paid to Starlight within ten (10) days after the Public Improvements are completed and accepted by the City. SECTION 4 PAYEE INFORMATION 4.1 With respect to any and every type of payment/remittance due to be paid at any time by the City to Starlight or Saginaw after the Effective Date under this Agreement, the name and delivery address of the payees for such payment shall be: WASTEWATER IMPACT FEE REIlVOURSEIVIENT AGREEMENT PAGE 8 Co Starlight Homes Texas, L.L.C. Attn: Robb Rigby 1800 Valley View Lane, Ste 100 Farmers Branch, Texas 75234 Saginaw Holdings, L.L.C. Attn: Landon Darwin 3045 Lackland Road Fort Wort, Texas 76116 Starlight and Saginaw may change the name of their respective payee and/or respective address set forth above by delivering written notice to the City designating a new payee for such Party. SECTION 5 ADDITIONAL OBLIGATIONS AND AGREEMENTS 5.1 Administration of Construction of Public Infrastructure. Subject to the terms of this Agreement, the Parties agree that Developers will be solely responsible to construct all Public Infrastructure. All public on -site and off -site infrastructure and all other related improvements will be considered a public project and the City will own all such Public Infrastructure upon completion and acceptance. 5.2 Compliance with Development Standards. Developers agree as part of the consideration for this Agreement that all residential structures, amenities, buildings, and any other vertical construction within such Developer's Development shall meet or exceed all Development Standards and City Regulation including without limitation those applicable standards set forth in the Original Development Agreement. It is expressly understood and the Parties agree that City Regulations and Development Standards applicable to the Properties and its use and development include but are not limited to City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City including without limitation any such regulations or requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and Methods Regulations"); provided, however, to the extent of any conflict between the requirements of Materials and Methods Regulations and the requirements of this Agreement, this Agreement shall control. 5.3 Conflicts. When not in conflict with the terms and conditions of this Agreement, the development of the Properties shall be subject to all applicable City Regulations, including but not limited to the City's subdivision regulations and engineering design standards. In the event of any direct conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline, or other City adopted or City enforced requirement, whether existing on the Effective Date or hereinafter adopted, including the Original Development Agreement, this Agreement, including its exhibits, as applicable, shall control. 5.4 Public Infrastructure, Generally. Except as otherwise expressly provided for in this Agreement or other agreements of public record, Developers shall provide all Public Infrastructure necessary to serve the Properties, including streets, utilities, drainage, sidewalks, WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 9 trails, street lighting, street signage, and all other required improvements, at no cost to the City except as expressly provided in this Agreement and as approved by the City Manager. Developers shall cause the installation of the Public Infrastructure within all applicable time frames in accordance with the City Regulations unless otherwise established in this Agreement. Developers shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's Public Works Department prior to approval of a final plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre -construction conference with a City representative has been held regarding the proposed construction and the City has issued a written notice to proceed. No final plat may be recorded in the Real Properties Records of Collin County until construction of all Public Infrastructure shown thereon shall have been constructed, and thereafter inspected, approved and accepted by the City. 5.5 Maintenance Bonds. For each construction contract for any part of the Public Infrastructure or component thereof on such Developer's portion of the Property, such Developer or Developer's contractor, as applicable, must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs that may become necessary to any part of the construction work performed in connection with such part or component of the Public Infrastructure on such Developer's portion of the Property, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Public Infrastructure constructed under such contract. 5.6 Inspections, Acceptance of Public Infrastructure, and Developers' Remedy. a) Inspections, Generally. The City shall have the right to reasonably inspect, as required by City regulations, the construction of all Public Infrastructure necessary to support the Developments, including water, wastewater/sanitary sewer, drainage, roads, streets, alleys, park facilities, electrical, and street lights and signs. The City's inspections and/or approvals shall not release Developers from their respective responsibility to construct, or cause the construction of, adequate Public Infrastructure on such Developer's portion of the Property in accordance with approved engineering plans, construction plans, and other approved plans related to the development of the Properties. Notwithstanding any provision of this Agreement, it shall not be a breach or violation of this Agreement if the City temporarily withholds City utility services as to a portion of any Development until the applicable Developer owning or developing such Development has met its respective obligations to provide for required Public Infrastructure necessary to serve such portion of its Development according to the approved engineering plans, City Regulations and Development Standards, and until such Public Infrastructure has been dedicated to and accepted by the City, which acceptance shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the City may not withhold utility services to any portion of the Development if all necessary public infrastructure has been properly constructed and accepted by the City for such portion of the development, even if infrastructure for other portions of the Development have not yet been completed. Notwithstanding anything to the contrary herein, each Developer shall only be responsible for the construction of Public Infrastructure for its respective Development and the failure or breach by one Developer in constructing its applicable portion of Public Infrastructure shall not constitute a failure or breach by the other Developer hereunder. WASTEWATER IMPACT FEE REMBURSEMENT AGREEMENT PAGE 10 b) Ownership. From and after the inspection and acceptance by the City of the Public Infrastructure and any other dedications required under this Agreement, such improvements and dedications shall be owned and maintained by the City. c) Approval of Plats/Plans. Approval by the City, the City's engineer, or other City employee or representative, of any plans, designs, or specifications submitted by Developers pursuant to this Agreement or pursuant to the City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developers or any other responsible party for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developers or any other responsible party, it being the intent of the parties that approval by the City signifies only the City's approval of the general design concept of the improvements to be constructed. 5.7 Insurance. Each Developer or its general contractor(s)for construction of its Public Improvements and the Public Infrastructure shall acquire and maintain, during the period of time when any of the Public Improvements or Public Infrastructure is under construction (and until the full and final completion of the Public Improvements and/or Public Infrastructure, as applicable, and acceptance thereof by the City): (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of $1,000,000.00. Each Developer's insurance shall also cover claims which might arise out of its Public Improvements and/or Public Infrastructure construction contracts, as applicable, whether by Developers, a contractor, subcontractor, material man, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A- I" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement and/or Public Infrastructure construction contracts, as applicable, such Developer shall provide or cause to be provided to the City certificates of insurance evidencing such insurance coverage, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least thirty (30) days, except ten (10) days for non-payment, prior to the cancellation of the same, the City shall receive written notice of such cancellation. 5.8 INDEMNIFICATION and HOLD HARMLESS. EACH DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, OFFICIALS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES"), FROM AND AGAINST ALL THIRD -PARTY CLAIMS. SUITS, JUDGMENTS, DAMAGES, AND DEMANDS TOGETHER, "CLAIMS") AGAINST THE CITY OR ANY OF THE RELEASED PARTIES, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OF SUCH DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN WASTEWATER EMPACT FEE REIMBURSEMENT AGREEMENT PAGE 11 CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. NOTWITHSTANDING THE FOREGOING, EACH DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF A DEVELOPER AND THE CITY, SUCH DEVELOPER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO SUCH DEVELOPER'S OWN PERCENTAGE OF RESPONSIBILITY. EACH DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTIES PRIOR TO THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY' S RELIANCE UPON DEVELOPERS' REPRESENTATIONS IN THIS AGREEMENT; OR (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTIES. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, STARLIGHT SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR SAGINAW'S ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF SAGINAW'S AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, OR EMPLOYEES; AND SAGINAW SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND OR HOLD THE CITY HARMLESS FOR STARLIGHT'S ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF STARLIGHT'S AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 5.9 Status of Parties. At no time shall the City have any control over or charge of Developers' (or its contractors') design, construction or installation of any of the Public Infrastructure, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a joint enterprise or venture or employment relationship between the City and Developers. SECTION 6 EVENTS OF DEFAULT; REMEDIES 6.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing to all Parties (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure, but in no event less than thirty (30) days or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) after written notice of the alleged failure has been given except as relates to a type of default for WASTEWATER IMPACT FEE REMBURSEMENT AGREEMENT PAGE 12 which a different time period is expressly set forth in this Agreement. Notwithstanding the foregoing, (a) no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured; and (b) a Party shall be in default of its obligation to make any payment required under this Agreement if such payment is not made within twenty (20) Business Days after it is due. 6.2 Remedies. Except as otherwise set forth in this Agreement, as compensation for another party's default, an aggrieved Party may seek specific performance of the other parry's obligations under this Agreement. Notwithstanding the foregoing, however, no default under this Agreement shall: (a) entitle the City to terminate this Agreement or to suspend performance under this Agreement (except as otherwise expressly set forth in this Agreement); or (b) adversely affect or impair the current or future obligations of the City to provide water, sewer and other Municipal Services to the Properties in accordance with applicable law. Notwithstanding the foregoing or any other provision of this Agreement, the city may withhold City utility services as to any portion of a Development until all Public Improvements necessary to serve such portion of the Development is properly constructed according to the approved engineering plans and City Regulations, and until such Public Improvement has been dedicated to and accepted by the City, which acceptance shall not be unreasonably withheld, conditioned or delayed. SECTION 7 ASSIGNMENT: ENCUMBRANCE 7.1 Asiigment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties and signatories hereto. Each Party may freely assign, in whole or in part, its respective obligations, requirements, or covenants to develop its respective portion of the Properties under to this Agreement to any affiliate or related entity of Developers, or any lien holder on the Properties, or to TFCC Coyote LLC, or to an entity that is or will become a future owner of all or a portion to the Property, without the prior written consent of the City. Except as otherwise provided in this paragraph, the obligations, requirements or covenants for the development of the Properties shall not be assigned, in whole or in part, by Developers to a non - affiliate or non -related entity of Developers without the prior written consent of the City Manager, which consent shall not be unreasonably withheld or delayed if the assignee demonstrates financial ability to perform. Any reimbursement or receivables due under this Agreement (e.g., the Impact Fee Reimbursement) may be assigned by the respective Developer due such reimbursement or receivable without the consent of, but upon written notice to the City pursuant to the terms hereof and upon such assignment of reimbursement or receivables, the City will pay the reimbursement directly to the assignee unless otherwise notified in writing). An assignee who assumes such forgoing obligations shall be considered a "Party" for the purposes of this Agreement. Each assignment shall be in writing executed by the respective Developer and its assignee and shall obligate the assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. No assignment by a Developer shall release such Developer from any liability that resulted from an act or omission by such Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. Each Developer shall maintain written records of all assignments made by such Developer to assignees, including a copy of each executed assignment and, upon written request from any Party or assignee, shall provide a copy of such records to the requesting person or entity, and this WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 13 obligation shall survive the assigning Parry's sale, assignment, transfer, or other conveyance of any interest in this Agreement or the Properties. 7.2 Assignees as Parties. An assignee authorized in accordance with this Agreement and for which notice of assignment has been provided in accordance herewith shall be considered a "Party" for the purposes of this Agreement. 7.3 Third Party Beneficiaries. Except as otherwise provided herein, this Agreement inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement. 7.4 Notice of Assignment. The following requirements shall apply in the event that either Starlight or Saginaw sells, assigns, transfers, or otherwise conveys its respective interest in the Properties or any part thereof and/or any of its respective rights or benefits under this Agreement: (i) such Party must provide written notice to the other Parties to the extent required under this section at least fifteen (15) business days after any such sale, assignment, transfer, or other conveyance; (ii) said notice must describe the extent to which any rights or benefits under this Agreement were sold, assigned, transferred, or otherwise conveyed; (iii) said notice must state the name, mailing address, telephone contact information, and, if known, email address, of the person(s) that will acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance; and (iv) said notice must be signed by a duly authorized person representing such Party and a duly authorized representative of the person that acquired any rights or benefits as a result of the sale, assignment, transfer or other conveyance. SECTION 8 RECORDATION AND ESTOPPEL CERTIFICATES 8.1 Binding Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the Real Properties Records of Collin County. This Agreement binds and constitutes a covenant running with the Properties and, upon the Effective Date, is binding upon Developers, Coyote Meadows Property Owner and the City, and forms a part of any other requirements for development within the Properties. This Agreement, when recorded, shall be binding upon the Coyote Meadows Property Owner, the Parties and their successors and assigns as permitted by this Agreement and upon the Properties. Notwithstanding the foregoing, this Agreement shall not bind or encumber any residential lot or residence located thereon within the Properties that is sold to a third -party homeowner. 8.2 Estoppel Certificates. From time to time, upon written request of a Party or any future owner or lienholder, and upon the payment to the City of a $100.00 fee plus all reasonable costs incurred by the City in providing the certificate described in this section, including without limitation attorney's fees and related costs, the City Manager, or his/her designee will, in his/her official capacity and to his/her reasonable knowledge and belief, execute a written estoppel certificate which shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default (or if default exists, identifying any obligations of an Party or owner under this Agreement that are in default and the nature of the default and curative action which should be undertaken to cure same), the remaining term of this Agreement and such other matters reasonably requested by the party to receive the certificate. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 14 SECTION 9 GENERAL PROVISIONS 9.1 Term. Except with respect to any earlier termination effected under this Agreement, this Agreement shall terminate upon satisfaction of all obligations by all Parties or the expiration of twenty-five (25) years after the Effective Date, whichever occurs earlier. 9.2 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 9.3 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received when delivered personally or upon the expiration of 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: To the City: City of Anna, Texas Attn: City Manager 111 N. Powell Parkway Anna, TX 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, TX 75034 To Starlight: Starlight Homes Texas, L.L.C. Attn: Daniel Satsky 1800 Valley View Lane, Ste 100 Farmers Branch, Texas 75234 With a copy to: Starlight Homes Texas, L.L.C. Attn: Christina Malone & Ruth Mitchell 3820 Mansell Rd., Suite 400 Alpharetta, Georgia 30022 WASTEWATER EVIPACT FEE REEKBURSEMENT AGREEMENT PAGE 15 To Saginaw: Saginaw 106, LTD Attn: Landon Darwin 3045 Lackland Road Fort Worth, Texas 76116 With a copy to: Saginaw 106, LTD Attn: Sarah Powers 3045 Lackland Road Fort Worth, Texas 76116 Any Party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other Parties. 9.4 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. 9.5 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 9.6 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. Starlight represents and warrants that this Agreement has been approved by the appropriate action of Starlight, and that the individual executing this Agreement on behalf of Starlight has been duly authorized to do so. Saginaw represents and warrants that this Agreement has been approved by the appropriate action of Saginaw, and that the individual executing this Agreement on behalf of Saginaw has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. 9.7 Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 9.8 Apulicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. WASTEWATER IMPACT FEE REBIBURSEMENT AGREEMENT PAGE 16 9.9 Non -Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 9.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.11 Force Maj eure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended equal to the time period the Party was delayed, except that the obligation of any Party to make any payments required pursuant to this Agreement shall not be suspended by force majeure. Within three (3) business days after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties, including a detailed explanation of the force majeure and a description of the action that will be taken to remedy the force majeure and resume full performance at the earliest possible feasible time. The term "force majeure" shall include any delay due to any of the following acts or events: (a) wars, terrorism, civil disturbances, riots, insurrections, civil unrest, vandalism and sabotage; (b) transportation disasters, whether by sea, rail, air or land; (c) strikes, lockouts, work stoppage or slowdowns or other labor disputes or material shortages; (d) actions or failures to act of a governmental authority, including any changes to the plans and specifications required as a condition to the issuance of any permits or any changes in laws or codes not reasonably foreseeable on the Effective Date, and any delay in issuance of permits or certificates of occupancy by any governmental authority having jurisdiction, but excluding delays due to conditions that violate applicable codes and regulations; (e) adverse weather conditions, including rain of unusual duration or volume, hurricanes, lightning, tornadoes, earthquakes, floods or acts of God; (f) epidemics or pandemics or any governmental orders, actions, shut -downs, mandates, restrictions or quarantines or any quasi -governmental orders, actions, shut -downs, mandates, restrictions or quarantines resulting from any epidemics or pandemics, and any public health emergencies whether declared by local, state or federal governmental authorities or agencies; (g) labor shortages or moratoriums; (h) fire or other material casualty; (i) mechanical failure of equipment; 0) utility delays or interruptions; (k) any emergency event that threatens imminent harm to property or injury to persons; (1) any other causes of any kind whatsoever, whether similar to those enumerated or not which are beyond the control of such Party in the performance of its obligations hereunder; provided, however, in all cases, only to the extent that the Party claiming force majeure (1) did not cause such force majeure condition, and (2) throughout the pendency of such force majeure condition, utilizes commercially reasonable efforts to minimize the impact and delays caused by such force majeure condition. If a Party is delayed due to force majeure, then such Party shall provide written notice of the delay and applicable extension of time periods to the other Parties. WASTEWATER IMPACT FEE REIIVIBURSEMENT AGREEMENT PAGE 17 9.12 Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Developers expressly amending the terms of this Agreement. By entering into this Agreement, the Parties understand and agree that any previous agreements or understanding between the parties are null and void. 9.13 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. 9.14 Limited Waiver of Immunity, The Parties are entering into this Agreement in reliance upon its enforceability. Consequently, the City unconditionally and irrevocably waives all claims of sovereign and governmental immunity which it may have (including, but not limited to, immunity from suit and immunity to liability) to the extent, but only to the extent, that a waiver is necessary to enforce specific performance of this Agreement (including all of the remedies provided under this Agreement) and to give full effect to the intent of the Parties under this Agreement. Notwithstanding the foregoing, the waiver contained herein shall not waive any immunities that the City may have with respect to claims of injury to persons or property, which claims shall be subject to all of their respective immunities and to the provisions of the Texas Tort Claims Act. Further, the waiver of immunity herein is not enforceable by any party not a Party to this Agreement, except for any party that may be construed to be a third -party beneficiary to this Agreement. 9.15 Vested Rights. This Agreement shall constitute a "permit" (as defined in Chapter 245 of the Texas Local Government Code) that is deemed filed with the City on the Effective Date and Developers do not hereby waive or release any rights that Developers may now or thereafter have with respect to any rights under Chapter 245 of the Texas Local Government Code. 9.16 Exhibits. The following exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description of the Properties Exhibit B Preliminary Plats for the Properties Exhibit C Intentionally Deleted Exhibit D Sanitary Sewer Public Improvements — Opinion of Probable Construction Cost Exhibit E Sanitary Sewer Public Improvements — Plans and Specifications SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 18 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY: CITY OF ANNA, a home -rule municipal' in oll' o ty, Texas By: Name: Nate Pike Title: Mayor / yy Date: 4 6 STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on thistAy of 2023, Nate Pike, Mayor of the City of Anna, a home -rule municipality in Collin C ty, Texas. CARRIEL.LAND ` ai//'l C lNotaryPublic, Stete of Texas Comm. Expires 02-04.2027 'Y ` "'-" Notary ID 11419404 Notary Public, State of Texas SEAL] WASTEWATER RUFACT FEE REIMBURSEMENT AGREEMENT SIGNATURE PAGE 1 STARLIGHT: STARLIGHT HOMES TEXAS, L.L.C., a Texas limited liability company Zzz' n /FBy: Name: DA of P A S Title: -P THE STATE OF TEXAS COUNTY OF DALLAS t e Tb i instrument was acknowledged before me on the n day of 2023, by a \tee ut , of Starlight Homes Texas, L.L.C., a Texas Limited Liability Comp i EPh a io No zazwooz Notary u lic in and for the State of Texas WASTEWATER EAPACT FEE REIMBURSEMENT AGREEMENT SIGNATUREPAGE2 SAGINAW: SAGINAW 106, LTD., a Texas limited partnership By: Windfall Investments, Inc.., a Texas corporation, its general partner A THE STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the It day of k 2023, by irA", Pee+ President of Windfall Investments, Inc., general partner to Saginaw 106, LTD, on behalf of said entity. r, TINA MICHELLE LEWIS Notary Public, State of Texas y 1fi.+P Comm. Expires 06-16-2025 Off(/_t.Gf\• Notary ID 125179689 Notary Public in and for'6ie State of Texas WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT SIGNATUREPAGE3 ACKNOWLEDGED AND AGREED TO BY COYOTE MEADOWS PROPERTY OWNER: TFCC COYOTE LLC, a Texas limited liability company By: — Nam : Seth Greenspan Title: Vice President THE STATE OF TEXAS<, Virginia COUNTY OF DALLAS " Richmond This instrument was acknowledged before me on the 11th day of April Seth Greenspan of TFCC Coyote LLC, a Texas Limited Liability Company. g11 Np/p L'q iJ Kushana J Woods N REGISTRATION NUMBER a;c TBBa020 i i „c xo r \ COMMISSION EXPIRES gVq:;pi np` July 31, 2024 Notarized online using audio -video communication 2023, by Notary Public ii and for the State of Texas <. Virginia WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT SIGNATURE PAGE 1 Exhibit A-1 METES AND BOUNDS DESCRIPTION OF THE COYOTE MEADOWS PROPERTY T VCT 1 met$ a "a d lead abaw h for 6" M umbon Sur". runs Na M am 8r Hurry kmd* 3wti+I. 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Tress and tam al6y add Abt nwm trod a total dRtsas of t012.76 Let to er outth of caner of bold AdWwm trod one treed a ter ors el4Az4 4mw tens d E- tbcftetn too pwWdo ahM TtigtCE tlesrt fait best riRt+rf wy tees d E Hrsiley lee, t9w PobasYrt aaeacs adfFatsurss: M Mrlr k SSi rM Mat N L"w3w L 141. meat N 4L'4?ll' E Li0.E0hst TltENQ. N 7Trst'3S' E TJS.1tl beef absq salt acted, tegt.d-wee Oe d M:asm Sant; THt11eCi, N 19•it3Tl: J42.90 ha s't ae!! south e Msl+sy tw edllseaarer SDoS to tee 0c1PT OE E iOtteDW wleR tt+arleya lead cultda o/ Sd61,? saws react 4X7 do" of tared THE taxi tabjea Dom 1 add 2 c nWaho ti6fs,71Z %¢trot ran or iS&W sea of land. WASTEWATER E"ACT FEE REIMBURSEMENT AGREEMENT EXHIBIT A-1 Exhibit A-2 METES AND BOUNDS DESCRIPTION OF THE SAGINAW PROPERTY METES AND BOUNDS DESCRIPTION FOR 39.747 ACRES SITUATED IN THE COUNTY OF COLLIN, STATE OF TEXAS, BEING A PART OF THE J.C. BRANTLEY SURVEY, ABSTRACT NO. 114, AND BEING ALL OF THE SAME TRACT OF LAND DESCRIBED AS 17.268 ACRES CONVEYED TO TEX PROPERTIES GROUP, LLC, BY DEED RECORDED IN COLLIN COUNTY NUMBER 20200205000166180, DEED RECORDS, COLLIN COUNTY, TEXAS, AND BEING ALL OF THE SAME TRACT OF LAND DESCRIBED AS 22-432 ACRES CONVEYED TO TEX PROPERTIES GROUP, I.I.C. BY DEED RECORDED IN COLLIN COUNTY NUMBER 20181004001244950, DEED RECORDS, COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, AT A FOUND 5/9' STEEL ROD BEING SOUTHEAST CORNER OF A 5.00 ACRE TRACT OF LAND CONVEYED TO JAMES ELROD BY DEED RECORDED IN COLLIN COUNTY NUMBER 20181004001244950 DEED RECORDS, COLLIN COUNTY, TEXAS ALSO BEING THE NORTHEAST CORNER OF SAID 22432 ACRE TRACT ALSO BEING IN A COUNTY ROAD; THENCE, SOUTH 010 39' 41" WEST LEAVING THE COUNTY ROAD AND CONTINUING ALONG THE WEST LINE OF COUNTY ROAD NO.425 A DISTANCE OF 1011.50 FEE TO A FOUND 5/9' STEEL ROD; THENCE, NORTH 890 03' 34" WEST PASSING A FOUND 1/2' STEEL ROD AT 15.00 FEET AND CONTINUING FOR A TOTAL DISTANCE OF 799.24 FEET TO A FOUND 1 /2' STEEL ROD; THENCE, NORTH 890 09' 39" WEST A DISTANCE OF 744.06 FEET TO A SET 1/2' STEEL ROD BEING THE SOUTHWEST CORNER OF SAID 17.268 ACRE TRACT, THENCE, NORTH Or 5V 02' WEST A DISTANCE OF 733.91 FEET TO A FENCE CORNER POST MARKING AN ANGLE POINT IN THE WEST LINE OF SAID 17.268 ACRE TRACT; THENCE, NORTH 350 29' 3T EAST A DISTANCE OF 771.75 FEET TO A SET 1/2' STEEL ROD IN THE SOUTH LINE OF COUNTY ROAD NO.427, THENCE ALONG THE SOUTH LINE OF COUNTY ROAD NO.427 THE FOLLOWING CALLS AND DISTANCES: SOUTH 580 38' W' EAST A DISTANCE OF 104.82 FEET TO A FOUND 5/8" STEEL ROD, SOUTH Or 49 55' EAST A DISTANCE OF 117.60 FEET TO A SET 1 /2' STEEL ROD. SOUTH 620 49' 57' EAST A DISTANCE OF 53.82 FEET TO A SET 1 /2' STEEL ROD; SOUTH 6r 56 52' EAST A DISTANCE OF 499.23 FEET TO A FOUND 5/8" STEEL ROD: SOUTH 760 59' 5U' EAST A DISTANCE OF 121.20 FEET TO A FOUND 5/8" STEE. ROD; NORTH 870 21' 37' EAST A DISTANCE OF 360.19 FEET TO THE POINT OF BEGINNING AND CONTAINING 39.747 ACRES OF LAND. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT A-2 Exhibit B-1 PRELEMNARY PLAT OF COYOTE MEADOWS Ell e'1 1,g?1a ti 02 CE OO t I_ 2k k z .LaaHS aas yyccb,i pi• I 1/LpFq FP L c^+ GP y# 1 q Ya(a. AMQ IP FIeP 1 I bq[1'eLpiei jr. srsr JP 5 m O 0 WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT B-1 v 0 Exhibit B-1 PRELIDIINARY PLAT OF COYOTE MEADOWS I.L HS 3ffS I.LHBHS 3HS WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBITB-1 Exhibit B-1 PRELIMINARY PLAT OF COYOTE MEADOWS rR a 1ii' I I iiliillolil I Yll11 I 11 lY 1Y nilY 1111Ylillr}w: II 11 II IIIIIII`II II U III 1 11 Illr i . J1,111,11J, dilln41311 I ice•"-,,'" ; 1'"" - III low WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT B-1 Exhibit B-1 PRELIMINARY PLAT OF COYOTE MEADOWS I19199999999 1!'-SSS3 eSgey ,sglgg!gg[e:;4991919®eglge lf99'S°9'49!°.avv',ege ltv5.5., uc. v99 3 1°I!..9a99l9!999 9§ 95l55959!! i' iI. i eg=., eglgee±.`!!93 I,9999!!!9" SSSSS!5S eee±±ecgee3esSeee a.•gsea; gttg eer• 41lc,vgeSzel±±ee9?S°.?? 134!!!9!!l94999!99!99 I: 3: tll4l9eeg4V V,y` I I Ii>5§i339lY539° I. I j!!!9l9949!94999 g,•f81..!!!3!! I; i'9!!!4335355l4l99! fit ggvgsggg;lgvgggg14g igvvevlgevggeggg 4!!5's9!!!99!9999!4954! 4 95l9l4s'S3S99599!!!f! I;933S5'9S9!!99l9!l5iS9 I;!!°9°!!'.!9!9!°!°.59999 1 9l999! III II III 499! 4eee?g?;?Slgglagxge±= t gog5;!9!9!!9l99999l9 l ISr3SS.....l;!S!?°.2ZS j°+59l9Sl9!9!!i!!4 I lee!eeege±±q?±,±eeg" ij49 99!!=!.l:;9a?eI I: I: f;9999!9l49999!999!! 3: I; i j9Sl9S54999l9S3S9 t...... 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R'soYY^e ib Iia-+F4ae9lY.:.i Cd6A3 dAAdd 68Ad3d AGREEMENT p k 4,; a!E1, tlit!tt 9 e s i lill l,lf Ykb j bid 4ibbp 1 H d49 S ivv llE lf,EEEEtE S' aYp+#YtYYaYfi 4 445 iE6 ivii jai YY! Y1Y1Y11 Yil is iEii9 100- aa :a:aa EXHIBIT B-1 0 N O w f Exhibit B-2 PRELIDIINARY PLAT OF CEDAR RIDGE ESTATES uqr 5 a t. 3e 'ei iif@g4'i6@ I !Hill fkp, I c4 k3ijei14ii-i31 i ji i'j i;iii ° i ° I• e ggFlt jtkj 4 4i E:.g 3 p a3 •4 ! 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I30a LF 96.vlty Smltary smug Pipe By Sore SSJ LF 2]'4mita9nghy:ush. 1 1t LF S Smlmry Sewer Manhole 11 EA 5'Elma Copp, Man ,p m') _ 103 VF PMS,yur Mal0rvknP, Fd. 7830 LF Canetlto Eak SHmrySewer 2 FA 5 20 20 S SAM SAM 1 W no 5]5 S 350 WS W 5 S 60DO soo I$ t0y00 I15W100 S 40 2 Sp6D 6p00 16AM amsoyearW geplaM Cprintle Paaement S55 I SY S 250 S OR'n0 Fpm Meln TrwMISaMySy JAI10rodn) SS50 LF S 1 S,SSO 12'4900 PVCby tut 5550 tF 5 220 LMILAOO 21.5teN[MghYtaaatd 410 IF S 45U 211SOO r CombbudanAONacwnVaNe atdVmh 3 EA 25p00 75MO PpatFgttMe65N kupactlm 5550 tF 2 S 1110D Condt¢etuY Subtm. l 9gas 10 E%) S 8 353 TPtd WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBITD-1 a rvl Exhibit E SANITARY SEWER IMPROVEMENTS -- PLANS WASTEWATER H"ACT FEE REIlVIBURSEMENT AGREEMENT EXHIBIT E-1 Exhibit E SANITARY SEWER IMPROVEMENTS - PLANS ce f• '• dillbyP I Feel!. a d s obi ds 2r4' 2 iE uHnp .e.• $'$£ 6 N A gist- N LC WASTEWATER IMPACT FEE REMBURSEMENT AGREEMENT EXHIBIT E-1 Big CITY OF ANNA, TEXAS RESOLUTION NO. 26;L3-0/4- 14-I'1S A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT WITH STARLIGHT HOMES, L.L.C., AND SAGINAW 106, LTD., FOR THE CONSTRUCTION OF PUBLIC SANITARY SEWER IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Starlight Homes, L.L.C., and Saginaw 106, Ltd. are seeking to develop property near the southeast corner of State Highway 5 and Farm to Market Road 455; and, WHEREAS, a regional sanitary sewer lift station is shown in the Wastewater Master Plan for the City of Anna, Texas to replace the existing sanitary sewer lift station in the Sweetwater Crossing Subdivision; and, WHEREAS, the proposed regional lift station will be constructed within the Saginaw 106, Ltd. property and constructed with the collective development of the Coyote Meadows and Cedar Ridge Estates developments, and will serve the larger area, including existing neighborhoods and future development; and, WHEREAS, the City has identified the regional wastewater lift station as a critical infrastructure project for the City; and, WHEREAS, Starlight Homes, L.L.C., and Saginaw 106, Ltd. collectively agree to provide the design and construction of the identified sanitary sewer improvements in accordance with the City of Anna design standards and regulations, subject to Impact Fee reimbursement from the City of Anna; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Article 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Article 11. Authorization of Payment and Funding. Article III. That the City Council of the City of Anna hereby authorizes the City Manager to execute the Wastewater Impact Fee Reimbursement Agreement in a form approved by the City Attorney. That funding for the project shall come from Wastewater Impact Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11+ti day of April 2023. ATTEST: a 4 l/) . City Secretary, Carrie Land Collin County Honorable Stacey Kemp Collin County Clerk VG-6-2023-2023000054593* Instrument Number: 2023000054593 Real Property AGREEMENT Recorded On: May 18, 2023 09:30 AM Number of Pages: 37 Examined and Charged as Follows: " Total Recording: $166.00 THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: 2023000054593 20230518000154 May 18, 2023 09:30 AM Jennifer W Station 3 Record and Return To: CITY OF ANNA ifltPtrii.b91 ANNA TX 75409 STATE OF TEXAS Collin County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas Honorable Stacey Kemp Collin County Clerk Collin County, TX I • !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2!!2 !!2 !!2!!2!!2!!2 !!2!!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2!!2!!2 !!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2 !!2 ! g g g g ! !COUNTY ROAD 511FM 2862 COUNTYROAD 480FM 455 COUNTYROAD3 7 0 COUNTYROAD371 OUTER LOOP FM 2862COUNTY ROAD 286 18''18''21''21''15''15''15'' 21''24''24''12''24''21''21''21''21''15''15''15''18''18''15''§¨¦75 ¬«121")455 ")455 ¬«5 PROPOSED PILOT GROVE LIFT STATION #3 CAPACITY: 270 GPM PROPOSED PILOT GROVE LIFT STATION #2 CAPACITY: 255 GPM PROPOSED PILOT GROVE LIFT STATION #1 CAPACITY: 215 GPM PROPOSED THROCKMORTON CREEK LIFT STATION CAPACITY: 2250 GPM EF131 EF129 EF127 SGC155 SGC123 WSGC117 WSGC119 SGC125 SGC143 SGC145 SGC127 SGC141 SGC147 SGC153 SGC151 SGC149 SGC139 SGC137 SGC129 SGC121 SGC113 SGC111 SGC115 SGC131 SGC119 SGC117 SGC107 SGC133 PGC111 PGC109 PGC107 PGC105 PGC103 PGC101 HB101 SGC105 SGC103 SGC101 SGC109WSGC101 WSGC103 WSGC105 WSGC107 SC105 WSGC109SC101 SC103 CC101 SLC105 SLC109 SLC111 SLC113 SLC117 SLC119 SLC121 SLC123 TC115 TC107 TC105 TC103 TC101 SLC103 SLC107 TC111 TC113 TC117 TC137 TC135HC133 HC125 HC127 HC119 HC123 HC121 HC115 HC117 HC111 HC109 HC113 HC105 HC107 HC103 HC101 EF105 EF101 EF103 EF107 EF109 EF113 EF111 EF115 EF117 EF121 EF119 EF123 EF125 TC109 SLC115 CC103 36 '' 36 ''21 ''8 ' ' 8 ''8 ''1 8 ' '8 ''8 '' 8 '' 8 '' 8 '' 27 ''8 ' '12 ''24 ''42 ''8 ' '27 ''42 ''10 ''8 ''12 ''8 ''15 '' 54 ' ' 10 '' 1 2 ' ' 60 ''10 ''8 ''24 ''18 ''15 ' ' 2 4 ' '8 ''18 '' 8 '' 8 ''8 ''10 ' '30 ''8 ''21 ''8 ' '18 ''8 ''8 ''8 ''48 ''15 '' 21 '' 18 '' 1 5 ' '21 ''27 ''27 ''8 '' 8 '' 21 '' 8 ''8 ''48 ''21 ''36 '' 1 2 ' '8 ''10 ''1 8 ' '8 ''15 '' 8 ''10 ''18 ''8 ' ' 3 0 ' ' 30 ''18 ' ' 3 6 ' ' 8 '' 15 ' ' 8 ''24 ''8 '' 10 '' 8 ''8 ''24 ''8 ''10 ''10 ''15 ''PROPOSED ANNA RANCH LIFT STATION EXISTING COYOTE MEADOWS LIFT STATION EXISTING CAMDEN PARC LIFT STATION EXISTING ELIZABETH STREET LIFT STATION EXISTING NORTH POINTE LIFT STATION CAPACITY: 745 GPM EXISTING LIFT STATION CAPACITY: 100 GPM EXISTING LIFT STATION CAPACITY: 34 GPM CITY OF ANNA WASTEWATER MASTER PLAN FIGURE WWMP Kimley-Horn and Associates, Inc.File Path: K:\MKN_Civil\City of Anna - Master Data\GIS\Anna_Wastewater Master Plan.aprxLast Saved: 9/1/2023 1:51 PMI 0 4,0002,000 Feet NTMWD Clement Creek P.O.E. Existing Peak: 1.35 MGD Buildout Peak: 4.72 MGD NTMWD Throckmorton Creek P.O.E. Existing Peak: 7.20 MGD Existing WWTP Treats 2.0 MGD Peak Buildout Peak: 35.96 MGD Buildout WWTP Treats 18.0 MGD Peak Throckmorton Creek/ Trinity River Interceptor Contracted Capacity Upstream: 5.60 MGD (2014) Contracted Capacity Downstream: 9.60 MGD (2014) Clement Creek Contracted Capacity: 3.0 MGD (2014) Text Legend Lift Stations Wastewater Subbasin Clement Creek Clement Creek Existing East Fork Trinity Harrington Branch Hurricane Creek Clement Creek Existing Sister Grove Creek Slayter Creek Throckmorton Creek West Sister Grove Creek Stiff Creek !Proposed WWTP g Proposed Lift Station !Existing WWTP !!2 Existing Manhole Existing Force Main Existing Wastewater Proposed Manhole Proposed Force Main Streams parcels Planning Boundary Floodplain Van Alstyne/Mantua P.O.E. Peak Flow = 13.88 MGD Weston P.O.E. #1 Peak Flow = 0.50 MGD Weston P.O.E. #2 Peak Flow = 0.50 MGD Weston P.O.E. #3 Peak Flow = 0.50 MGD Weston P.O.E. #4 Peak Flow = 0.50 MGD Weston P.O.E. #5 Peak Flow = 0.50 MGD Weston P.O.E. #6 Peak Flow = 0.50 MGD Weston P.O.E. #7 Peak Flow = 0.50 MGD Harrington Branch WWTP Phase 1 Capacity: 1 MGD Phase 2 Capacity: 2 MGD Phase 3 Capacity: 2.5 MGD Hurricane Creek WWTP Phase 1 Capacity: 4 MGD Phase 2 Capacity: 8 MGD Phase 3 Capacity: 16 MGD Slayter Creek WWTP Existing Capacity: 0.5 MGD Phase 3 Capacity: 0.975 MGD Expansion Capacity: 4.5 MGD Van Alstyne P.O.E. Peak Flow = 20.48 MGD Stiff Creek P.O.E. Buildout Peak: 2.77 MGD CITY OF ANNA, TEXAS ORDINANCE NO. 1 O 80 — 2O L 3 — 0 9 AN ORDINANCE AMENDING ORDINANCE 999-2022 ADOPTING REVISIONS TO THE CITY OF ANNA WATER AND WASTEWATER MASTER PLANS; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, on May 24, 2022, the City Council of the City of Anna, Texas ("City Council"), after a duly noticed public hearing, amended the Water and Wastewater Master Plans by Ordinance 999-2022; and, WHEREAS, the Water and Wastewater Master Plans should be amended from time to time to reflect the changing utility needs of the community; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgement and findings of the City Council with respect to the amendments described herein. Section 2. The City Council of the City officially finds, determines, and declares that the City of Anna Ordinance 999-2022 is hereby amended with respect to the Capital Improvement Plan as depicted in the Water and Wastewater Master Plans as adopted under Ordinance No. 999- 2022 by replacing the Water and Wastewater Master Plans with the amended Water and Wastewater Master Plans set forth in the attached Exhibit A and Exhibit B, incorporated herein for all purposes. Section 3. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna Capital Improvement Plan in all places where said Capital Improvement Plan is filed as of public record or posted for public inspection. Section 4. If any provision of this ordinance or the application thereof to any person or circumstance shall be held invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. Section 5. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on the first and final reading on this 26th day of September, 2023. ATTEST: eawa.-2 Y, City Secretary, Carrie L. Land APPROVED: Mayor, Nate Pike Grayson Pump,' 455 7 0 2,0004,000 CITY OF ANNA Feel WATER MASTI7C PLAN Grayson Pump Station q l I 9 14rry A Y 2f I f16 yIXgenm Mm, 41L :, al 1 qp. ai I! I r 455 E II Ir I TT 7 I, ram___________ r+ coYn Penn SYlm I I t1 1 I P III ; r31 cIMRnq nl- hV c:iM R.im Shedp)Pump Slalion 1 P r4i3WCI', 1tr: a46c4 n. am 4wr,..r, t 0 2,0004,000 * E:IssleEwpEparprx Flmeo P411s, seeml - e+nm WuP7n r_ :PWI"am.w.r RGURE UghgN'6 Wald Rpu—Fu=Wale Pllw 8IESIOMGrawdtr&6 p Kimley0Horn Anna CITY OF ANNA WMPtFeet * Fullro Elwnl Tank _ E ,ql rg W . pipe Flo rftn I Pronooed Grw,nd T..iI n Pin, WATER MASTER PLAN 9 CITY OF ANNA, TEXAS RESOLUTION NO. 2023-09- 153LI RESOLUTION APPROVING A PRELIMINARY LIMITED OFFERING MEMORANDUM FOR THE SALE OF "CITY OF ANNA, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2023 (ANACAPRI PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA#1 PROJECT)" WHEREAS, the City of Anna, Texas (the "City") intends to issue its City of Anna, Texas Special Assessment Revenue Bonds, Series 2023 (AnaCapri Public Improvement District Improvement Area #1 Project) (the "Bonds") to finance certain public improvements within the City; WHEREAS, FMSbonds, Inc. (the "Underwriter"), with assistance from its counsel, City Staff, the City's Bond Counsel, and City's Financial Advisor, has prepared a Preliminary Limited Offering Memorandum for dissemination to potential purchasers of the Bonds prior to the availability of the final Limited Offering Memorandum for the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS: 1. The Preliminary Limited Offering Memorandum attached hereto as Exhibit A, is hereby approved with amendments as may be approved by the Finance Director retained by the City to assist in the issuance of the Bonds for the Bonds, substantially in the form such changes, addenda, supplements or in consultation with the City's consultants including Bond Counsel and the Financial Advisor, and the Underwriter is hereby authorized to distribute such document among potential purchasers of the Bonds and other interested persons in connection with the initial marketing and placement of the Bonds; provided that such Preliminary Limited Offering Memorandum shall not be released to the public without verification that the Acquisition and Development Loan (as defined in Exhibit A) has been closed and funded, which verification shall be made in consultation with the City's consultants retained by the City to assist in the issuance of the Bonds, including Bond Counsel and the City Attorney. 2. Pursuant to Rule 15c2-12 of the United States Securities and Exchange Commission (17 C.F.R. 240.15c2-12) ("Rule 15c2-12"), the City hereby deems the Preliminary Limited Offering Memorandum to be final as of its date, except for the omission of no more than the following information as permitted by Rule 15c2-12: the offering prices of the Bonds, interest rates for the Bonds, selling compensation of the Underwriter, the aggregate principal amount of the Bonds, the principal amount per maturity of the Bonds, the delivery date for the Bonds, ratings for the Bonds, and the identity of the ultimate purchasers. PASSED AND APPROVED THIS 12u' DAY OF SEPTEMBER, 2023 Lee Miller, Mayor Pro-Tem ATTEST: -may of Anna, Texas CITY SEAL) Carrie Land, City Secretary City of Anna, Texas EXHIBIT A PRELIMINARY LIMITED OFFERING MEMORANDUM Item No. 7.a. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend an existing Planned Development (Ord. No. 933-2021; Ord. No. 323-2007) following recommendations from the Parks Advisory Board for the single-family detached and single-family attached development. Located on the east side of Leonard Avenue, on the north and south side of E. Foster Crossing Road. (Planning Manager Lauren Mecke) SUMMARY: 177 Single-family dwellings, detached lots, 129 single-family dwellings, attached lots, park lot, two vacant commercial lots, vacant multi-family dwelling lot, and vacant industrial lot on 205± acres, generally located on the northeast, southeast, and southwest corners of Leonard Avenue and E. Foster Crossing Road. REMARKS: A Planned Development (PD) is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The subject property is currently undeveloped. A concept plan, Anna Ranch, accompanies this request as Exhibit 2. History The current zoning as adopted by Ordinance No. 323-2007 and amended by Ordinance No. 333-2021 originally included 737± acres north and south of Collin County Outer Loop. Under the 2021 zoning amendment, the property owner modified the zoning of 205± acres north of Collin County Outer Loop to better align with the Master Thoroughfare Plan, increased the nonresidential land areas, and adjusted the zoning designations. The Planned Development language and Concept Plan from 2021 included detailed regulations pertaining to required park land dedication. On July 17, 2023, the applicant’s representatives gave a presentation to the Parks Advisory Board. At that meeting, the Board recommended that only one of the two proposed park land dedication sites should be required due to recent park land improvements that are part of an adjacent development. Surrounding Land Uses and Zoning North Single-Family lots in the ETJ north of E Foster Crossing Road and Single-Family Residential (SF-60) zoning (Anna Ranch, Phase 1; Ord. No. 323-2007) East (north of E. Foster Crossing Road) Vacant land zoned Planned Development for single-family, detached (Skorburg Anna Ranch; Ord. No. 1054-2023-06), East (south of E. Foster Crossing Road) Across CR 418 is vacant land zoned Planned Development for multi- family dwellings (Skorburg Anna Ranch; Ord. No. 1054-2023-06), residential lots within the ETJ, a concrete batch plant within the ETJ, and a concrete bath plant, permanent zoned Light Industrial District (I-1) with Specific Use Permit for permanent concrete batch plant (Ord. No. 843-2020) South Collin County Outer Loop West Vacant land zoned Planned Development owned by Holt-Cat (Ord. No. 743-2017 & 1029-2023-01) Proposed Changes • Modify the location and amount of park land dedication based on the construction of Anna Ranch, Phase 1, amenity center and Parks Advisory Board recommendation. o Previously, two park land tracts were identified on the Concept Plan and within the Planned Development stipulations. • Update the Planned Development districts’ stipulations to align with the newly adopted Zoning Ordinance districts. o Under the previous Zoning Ordinance, single-family, attached was within the SF-TH Townhome District. In August 2023, the Zoning Ordinance was repealed and replaced including removing the SF-TH district and adding the Mixed-Density Residential (MD) District. • With the removal of one of the park land tracts, the applicant is proposing to shift the MD District (Phase 3) to the east in order to provide a Regional Commercial (C-2) District lot at the southeast corner of E Foster Crossing Road and Leonard Avenue. • Modify the Planned Development to allow both the C-2 and MF tracts to develop as Light Industrial (I-1) District. o Change the I-1 District land area from a maximum to a minimum allowance of 85± acres. o Add additional landscaping requirements if industrial uses are developed adjacent to the MD district. • Clarify the language pertaining to sidewalks. o Provide greater details associated with the construction of the required sidewalks and hike & bike trail. • Allow for a 50-foot extension to the maximum 600-feet cul-de-sac length for the street closest to the Anna Ranch, Phase 1 drainage and detention easement. o The street has not changed from the previously approved concept plan. CONCLUSION Request to amend Ordinance No. 333-2021 & Ordinance No. 323-2007 by repeal & replace on 205± acres consisting of multiple tracts of land generally located at the northeast, southeast, and southwest corners of Leonard Avenue (CR 422) and E Foster Crossing (CR 421). The proposed zoning and concept plan are in conformance with the Future Land Use Plan and elements of the City of Anna Strategic Plan and Comprehensive Plan. The proposal includes the following: Proposed amendments • Modifies areas to be preserved and used for community open space. • Includes a hike and bike trail requirement along Collin County Outer Loop. • Increases the amount of Industrial zoned land within the city. • Adds additional buffer requirements between residential and industrial uses. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the Monday, November 6, 2023, Planning & Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the zoning amendment with the following restrictions. Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan. B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Light Industrial (I-1), Regional Commercial District (C-2), Multi-Family Residential - High Density (MF), Single-Family Residence District (SF-6.0), Mixed-Density District (MD)(TH), and the Planning and Development Regulations except as otherwise specified herein. a. I-1 Light Industrial District: Minimum land area: 85± acres in general conformance with the location as shown on the approved concept plan i. If the land abutting the MD District develops as Light Industrial, the industrial user shall provide a minimum 20-foot landscape buffer with canopy trees staggered at 25-foot centers or evergreen shrubs staggered at two-foot centers with one canopy tree per 50 linear feet. This requirement shall not apply where a right-of-way separates the properties but shall conform to landscape requirements within the Zoning Ordinance. b. C-2 Regional Commercial District: locations as shown on the approved concept plan i. C-2 Regional Commercial with frontage along Collin County Outer Loop has the option to be developed as I-1. c. MF Multi-Family Residential i. Maximum land area: 27± acres in general conformance with the location as shown on the approved concept plan. ii. Landscape Buffer: A 20-foot-wide vegetative buffer shall be provided on the north side of the district where adjacent to a single-family residential district. Trees with a 3” minimum caliber shall be planted staggered at 25-foot centers. iii. MF Multi-Family (26.2 acre tract) has the option to be developed as I-1. d. MD Mixed-Density District i. Minimum lot area for single-family, attached: 2,125 square feet ii. Maximum number of lots: 130 lots iii. Maximum lot coverage (%): 65% e. Additional Residential Standards: The following items shall be implemented as part of the Single Family Residential and Mixed-Density Residential land area; i. Park land dedication and private community center: In an effort to meet a portion of the required park land dedication requirement; dedication of one tract of land for the Single Family Residential and Mixed-Density, as shown on the approved Concept Plan, for the purpose of Neighborhood Parks. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. Multi-Family Residential shall pay park land dedication fee in lieu of park land dedication per discussion with the City’s parks advisory board. ii. Private Community Center/Pocket Parks: 1. One private community center shall be provided within the MD district for the benefit of the SF-6.0 and MD lots. The proposed location shall be in general conformance with the approved Concept Plan to include but not limited to land area, pools, bathroom facilities, guest parking, and associated improvements. 2. Within the SF-6.0 single-family residential development, shall provide a 0.7± acre pocket park. iii. Residential Common Area Lot Landscape buffers: 1. For all single-family zoned properties (SF-6.0 and MD), a landscape buffer, minimum 30-foot-wide common area lot, shall be required adjacent to Leonard Avenue, E. Foster Crossing Road, and County Road 418. 2. Where the MD district abuts a C-2, MF, or I-1 zoning district, a 10-foot- wide common area lot shall be required. 3. A Landscape Buffer, minimum 15-foot-wide common area lot, shall be required adjacent to the north/south R.O.W. that traverses the SF-6.0 single- family residential development as shown on the approved Concept Plan. 4. The landscape buffers and common area lots in this section are to be owned and maintained by the homeowner’s association. These lots shall be planted with one canopy tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet along the property line or street frontage. iv. Fencing: 1. Rear and/or side yards of single-family residential lots adjacent to the 30-foot common area lot along Leonard Avenue and E. Foster Crossing Road shall have fencing consisting of an 8-foot-tall cedar fence of uniform design with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. 2. Common area lots adjacent to the 30-foot common area lot shall have ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. 3. Wood fencing of a uniform design shall be constructed along the side lot lines of homes adjacent to the 15-foot-wide common area lots located adjacent to the north/south ROW that traverses through the SF-6.0 single- family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 4. Wood fencing of a uniform design shall be constructed along the side lot lines of home located along the Leonard Avenue entrance into the SF-6.0 single-family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 5. Masonry screening wall shall be constructed, owned and maintained by the future Regional Commercial and Multi-Family users abutting the MD District. 6. Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear and/or side yard of any residential lot abutting and/or adjacent to open space/common area lot not referenced above. The fencing shall be owned and maintained by the single-family development HOA. 7. All other fencing constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. v. Sidewalks: 1. Construction of an 8-foot hike and bike trail along the frontage of Leonard Avenue adjacent to SF-6.0 single-family residential development and E. Foster Crossing Road. 2. Sidewalks along non-residential properties shall be a minimum 6-feet wide in the right-of-way, in a pedestrian easement, or in a Hike & Bike Trail easement. Along Collin County Outer Loop, a minimum 12’ wide Hike & Bike Trail easement shall be dedicated. The sidewalk within the Hike & Bike Trail easement shall be reimbursable from the Park Development Fund if the sidewalk constructed is a minimum 8 feet wide. 3. Construction of a minimum 5-foot-wide sidewalk in the right-of-way or within the common area lots in a pedestrian easement traversing north/south through the SF-6.0 single family residential zoned property as shown on the approved Concept Plan. 4. The City of Anna will be responsible for maintaining only those portions of the hike and bike trail or sidewalks that are located within the right-of-way, pedestrian easement, or Hike & Bike Trail easement. vi. Streets: 1. The maximum cul-de-sac length shall not exceed a total length of 650’. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concpet Plan. Non-substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without a public hearing. D. The Concept Plan will expire after two (2) years of approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Ranch PD Zoning Amendment Locator Map 2. Ordinance (Zoning) Anna Ranch 3. Exhibit 1 Metes & Bounds 4. Exhibit 2 (CP) Anna Ranch 2023 5. PZ - STAFF REPORT1 (Zoning) Anna Ranch 6. CC_Responses 7. Ord. No. 933-2021 COUNTY ROAD 418W FOSTER CROSSING RD LILIANALN QUANTUM CIRMILRANYLNCOUNTY ROAD 423OAKBLUFFDRMASTON DRSAGELNSHARP ST W A R N E R D R ERROLSTBROCK DR KEITH LN M IL L R D PENN ST SEQUOIA LN SUNBEAM CV ROCKETBENDDRHAV E N D R LILLY LNINDIANOLA TRL RILEYDRCAINDRCAROLINESTE FOSTER CROSSING RDTIANAST BANYANLNOLIVELNE OUTER LO O P R D GOULD WAYWILSONDR JUNIPERLNCROSSE DRANN E C T BURGERT DRBURLINGTONCRESTTRLTHAYNEDRTATE LN HILLRICHDRVAILLNTEAK DR NUEHOFFDRLEONARD AVEHUNTINGTONDRASKEWDRSTAFFORDSPOINTLN E FINLEY BLV D WILLOW LNS POWELL PKWYB R O O K D R COUNTY ROAD 422 CARINNA DR Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 900 1,800450 Feet October 2023 H:\Notification Maps\Notification Maps\ Planned Development Zoning Amendment – Anna Ranch, Phases 2 & 3Planned Development Zoning Amendment - Anna Ranch, Phase 2, 3, Commercial, Multifamily, & Industrial 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located generally located at the northeast, southeast, and southwest corners of future Leonard Avenue (CR 422) and E Foster Crossing (CR 421)) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment to a Planned Development (Ordinance No. 933-2021 & Ordinance No. 323-2007) on Property described in Exhibit A (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said zoning for Property generally located at the northeast, southeast, and southwest corners of future Leonard Avenue (CR 422) and E Foster Crossing (CR 421) is amending the existing Planned Development-Single-Family Residence (SF-6.0)/Mixed-Density Residential District (MD)/Multi-Family Residential (MF)/Regional Commercial (C-2)/Light Industrial District (I- 1) with modified standards on 205± acres by repealing and replacing Ordinance No. 933-2021 & Ordinance No. 323-2007; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. 2 Section 2.Zoning Change The Anna City Code of Ordinances (the “Anna Code”) are hereby amended by repealing Ordinance No. 933-2021 & Ordinance No. 323-2007 and replacing the zoning of the property described in Exhibit 1 and as depicted in the Concept Plan on the attached Exhibit B (“Concept Plan”). 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high- quality development east of State Highway 5 along the northside of the Collin County outer loop to accommodate those uses that are of city-wide and regional significance. Within this District are permitted industrial, retail, service, office uses, and residential uses. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City’s Zoning Ordinance shall apply. 3. Development Standards. A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan. B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Light Industrial (I-1), Regional Commercial District (C-2), Multi-Family Residential - High Density (MF), Single- Family Residence District (SF-6.0), Mixed-Density District (MD), and the Planning and Development Regulations except as otherwise specified herein. a. I-1 Light Industrial District: Minimum land area: 85± acres in general conformance with the location as shown on the approved concept plan i. If the land abutting the MD District develops as Light Industrial, the industrial user shall provide a minimum 20-foot landscape buffer with canopy trees staggered at 25-foot centers or evergreen shrubs staggered at two-foot centers with one canopy tree per 50 linear feet. This requirement shall not apply where a right-of-way separates the properties but shall conform to landscape requirements within the Zoning Ordinance. b. C-2 Regional Commercial District: locations as shown on the approved concept plan i. C-2 Regional Commercial with frontage along Collin County Outer Loop has the option to be developed as I-1. 3 c. MF Multi-Family Residential i. Maximum land area: 27± acres in general conformance with the location as shown on the approved concept plan. ii. Landscape Buffer: A 20-foot-wide vegetative buffer shall be provided on the north side of the district where adjacent to a single-family residential district. Trees with a 3” minimum caliber shall be planted staggered at 25- foot centers. iii. MF Multi-Family (26.2 acre tract) has the option to be developed as I-1. d. MD Mixed-Density District i. Minimum lot area for single-family, attached: 2,125 square feet ii. Maximum number of lots: 130 lots iii. Maximum lot coverage (%): 65% e. Additional Residential Standards: The following items shall be implemented as part of the Single Family Residential and Mixed-Density Residential land area; i. Park land dedication and private community center: In an effort to meet a portion of the required park land dedication requirement; dedication of one tract of land for the Single Family Residential and Mixed-Density, as shown on the approved Concept Plan, for the purpose of Neighborhood Parks. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. Multi-Family Residential shall pay park land dedication fee in lieu of park land dedication per discussion with the City’s parks advisory board. ii. Private Community Center/Pocket Parks: 1. One private community center shall be provided within the MD district for the benefit of the SF-6.0 and MD lots. The proposed location shall be in general conformance with the approved Concept Plan to include but not limited to land area, pools, bathroom facilities, guest parking, and associated improvements. 2. Within the SF-6.0 single-family residential development, shall provide a 0.7± acre pocket park. iii. Residential Common Area Lot Landscape buffers: 4 1. For all single-family zoned properties (SF-6.0 and MD), a landscape buffer, minimum 30-foot-wide common area lot, shall be required adjacent to Leonard Avenue, E. Foster Crossing Road, and County Road 418. 2. Where the MD district abuts a C-2, MF, or I-1 zoning district, a 10-foot- wide common area lot shall be required. 3. A Landscape Buffer, minimum 15-foot-wide common area lot, shall be required adjacent to the north/south R.O.W. that traverses the SF-6.0 single-family residential development as shown on the approved Concept Plan. 4. The landscape buffers and common area lots in this section are to be owned and maintained by the homeowner’s association. These lots shall be planted with one canopy tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet along the property line or street frontage. iv. Fencing: 1. Rear and/or side yards of single-family residential lots adjacent to the 30-foot common area lot along Leonard Avenue and E. Foster Crossing Road shall have fencing consisting of an 8-foot-tall cedar fence of uniform design with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single- family development HOA. 2. Common area lots adjacent to the 30-foot common area lot shall have ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. 3. Wood fencing of a uniform design shall be constructed along the side lot lines of homes adjacent to the 15-foot-wide common area lots located adjacent to the north/south ROW that traverses through the SF-6.0 single-family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 4. Wood fencing of a uniform design shall be constructed along the side lot lines of home located along the Leonard Avenue entrance into the SF-6.0 single-family residential development as shown on the 5 approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 5. Masonry screening wall shall be constructed, owned and maintained by the future Regional Commercial and Multi-Family users abutting the MD District. 6. Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear and/or side yard of any residential lot abutting and/or adjacent to open space/common area lot not referenced above. The fencing shall be owned and maintained by the single-family development HOA. 7. All other fencing constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. v. Sidewalks: 1. Sidewalks along local residential streets shall be a minimum 5-feet wide and may be located outside of the right-of-way within a pedestrian easement on common area lots. 2. Construction of an 8-foot hike and bike trail along the frontage of Leonard Avenue adjacent to SF-6.0 single-family residential development and E. Foster Crossing Road. 3. Sidewalks along non-residential properties shall be a minimum 6-feet wide in the right-of-way, in a pedestrian easement, or in a Hike & Bike Trail easement. Along Collin County Outer Loop, a minimum 12’ wide Hike & Bike Trail easement shall be dedicated. The sidewalk within the Hike & Bike Trail easement shall be reimbursable from the Park Development Fund if the sidewalk constructed is a minimum 8 feet wide. 4. The City of Anna will be responsible for maintaining only those portions of the hike and bike trail or sidewalks that are located within the right-of-way, pedestrian easement, or Hike & Bike Trail easement. vi. Streets: 1. The maximum cul-de-sac length shall not exceed a total length of 650’. 6 C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concpet Plan. Non-substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without a public hearing. D. The Concept Plan will expire after two (2) years of approval. Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. 7 PASSED by the City Council of the City of Anna, Texas this 12th day of December, 2023. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor S:\NTX-LAND\0020\200 SURVEY\230 Legal Descriptions\0020ZN01 205 ACRES.docx ZONING DESCRIPTION 205.450 ACRES BEING A 205.450 ACRE TRACT OF LAND SITUATED IN THE GRANDERSON STARK SURVEY, ABSTRACT NO. 798 AND THE DAVID E.W. BABB SURVEY ABSTRACT NO. 33, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING PART OF A 360.545 ACRE TRACT OF LAND, CONVEYED TO HARLAN PROPERTIES, INC. BY DEED RECORDED IN COUNTY CLERK’S FILE NO. 20121228001650300 OFFICIAL PUBLIC RECORDS, COLLIN, TEXAS, SAID 205.450 ACRE TRACT, WITH BEARING BASIS BEING THE MONUMNETED NORTH LINE OF SAID 360.545 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR THE SOUTHEAST CORNER OF A 69.551 ACRE TRACT OF LAND CONVEYED TO GEHAN HOMES, LTD., AS RECORDED IN COUNTY CLERK’S FILE NO. 20201012001765080, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, SAID POINT BEING ON THE EAST LINE OF SAID 360.545 ACRE TRACT; THENCE, ALONG THE EAST LINE OF SAID 360.545 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 30 MINUTES 17 SECONDS WEST, A DISTANCE OF 711.12 FEET TO A 1/2” IRON ROD FOUND FOR CORNER; SOUTH 89 DEGREES 52 MINUTES 49 SECONDS WEST, A DISTANCE OF 233.51 FEET TO A 1/2” IRON ROD FOUND FOR CORNER; SOUTH 00 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE OF 1038.95 FEET TO A 1/2” IRON ROD FOUND FOR CORNER; SOUTH 00 DEGREES 10 MINUTES 54 SECONDS EAST, A DISTANCE OF 742.74 FEET TO A “X” CUT IN CONCRETE FOUND FOR CORNER ON THE NORTH LINE OF THE COLLIN COUNTY TOLL ROAD, (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE, ALONG THE SOUTH LINE OF SAID 360.545 ACRE TRACT AND THE NORTH LINE OF SAID COLLIN COUNTY TOLL ROAD, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 28 MINUTES 57 SECONDS WEST, A DISTANCE OF 1380.35 FEET TO A 1/2” IRON ROD FOUND FOR CORNER; NORTH 89 DEGREES 39 MINUTES 07 SECONDS WEST, A DISTANCE OF 2076.95 FEET TO A 1/2” IRON ROD FOUND FOR CORNER; NORTH 89 DEGREES 04 MINUTES 37 SECONDS WEST, A DISTANCE OF 224.40 FEET TO A POINT FOR THE SOUTHEAST CORNER OF AN 85.571 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA ECONOMIC DEVELOPMENT CORPORATION RECORDED IN COUNTY CLERK’S FILE NO. 2017013000004800, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, OVER AND ACROSS SAID 360.545 ACRE TRACT AND ALONG THE EAST LINE OF SAID 85.571 ACRES, THE FOLLOWING COURSES AND DISTANCES: S:\NTX-LAND\0020\200 SURVEY\230 Legal Descriptions\0020ZN01 205 ACRES.docx NORTH 00 DEGREES 55 MINUTES 23 SECONDS EAST, A DISTANCE OF 224.40 FEET TO A POINT FOR CORNER; NORTH 55 DEGREES 24 MINUTES 03 SECONDS WEST, A DISTANCE OF 316.51 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 48 MINUTES 29 SECONDS EAST, A DISTANCE OF 1346.23 FEET TO A POINT FOR CORNER; NORTH 11 DEGREES 33 MINUTES 53 SECONDS WEST, A DISTANCE OF 61.85 FEET TO A POINT FOR THE NORTHEAST CORNER OF SAID 85.271 ACRE TRACT AND BEING ON THE NORTH LINE OF SAID 360.545 ACRE TRACT; THENCE, SOUTH 89 DEGREES 11 MINUTES 32 SECONDS EAST, ALONG SAID NORTH LINE OF SAID 360.545 ACRE TRACT, A DISTANCE OF 346.26 FEET TO A 1/2” IRON ROD FOUND FOR CORNER; THENCE, SOUTH 89 DEGREES 01 MINUTES 26 SECONDS EAST, CONTINUING ALONG SAID NORTH LINE OF SAID 360.545 ACRE TRACT, A DISTANCE OF 1933.03 FEET TO A 1/2” IRON ROD FOUND FOR CORNER; THENCE, NORTH 00 DEGREES 31 MINUTES 59 SECONDS EAST, ALONG THE WEST LINE OF SAID 360.545 ACRE TRACT, A DISTANCE OF 811.24 FEET TO A 1/2” IRON ROD FOUND FOR CORNER; THENCE, NORTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, CONTINUING ALONG SAID WEST LINE, A DISTANCE OF 330.28 FEET TO AN “X” CUT IN CONCRETE FOR THE SOUTHWEST CORNER OF AFORESAID 69.511 ACRE TRACT; THENCE, OVER AND ACROSS SAID 360.545 ACRE TRACT AND ALONG THE SOUTH LINE OF SAID 69.511 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 30 MINUTES 20 SECONDS EAST, A DISTANCE OF 70.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA" SET FOR CORNER; SOUTH 88 DEGREES 37 MINUTES 13 SECONDS EAST, A DISTANCE OF 931.67 FEET TO A POINT FOR CORNER; SOUTH 75 DEGREES 21 MINUTES 13 SECONDS EAST, A DISTANCE OF 60.15 FEET TO A POINT FOR CORNER; SOUTH 73 DEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 162.66 FEET TO A POINT FOR CORNER; SOUTH 74 DEGREES 06 MINUTES 47 SECONDS EAST, A DISTANCE OF 57.51 FEET TO A POINT FOR CORNER; SOUTH 76 DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; S:\NTX-LAND\0020\200 SURVEY\230 Legal Descriptions\0020ZN01 205 ACRES.docx SOUTH 78 DEGREES 11 MINUTES 56 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; SOUTH 80 DEGREES 17 MINUTES 09 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; SOUTH 82 DEGREES 22 MINUTES 22 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; SOUTH 84 DEGREES 12 MINUTES 16 SECONDS EAST, A DISTANCE OF 58.47 FEET TO A POINT FOR CORNER; SOUTH 85 DEGREES 49 MINUTES 43 SECONDS EAST, A DISTANCE OF 18.21 FEET TO A POINT FOR CORNER; SOUTH 35 DEGREES 27 MINUTES 23 SECONDS EAST, A DISTANCE OF 127.76 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 30 MINUTES 17 SECONDS WEST, A DISTANCE OF 192.93 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA" SET FOR CORNER; SOUTH 89 DEGREES 29 MINUTES 43 SECONDS EAST, A DISTANCE OF 230.49 FEET THE POINT OF BEGINNING AND CONTAINING 205.450 ACRES LAND, MORE OR LESS. Michael J. Baitup, R.P.L.S. July 6, 2021 Registered Professional Land Surveyor Texas Registration No. 4574 LJA Surveying, Inc. 6060 North Central Expressway, Suite 400 Dallas, Texas 75206 469-484-0778 TBPLS Firm No. 10194465 EXHIBIT AEXHIBIT 2 P&Z COMMISSION CITY OF ANNA APPROVED DECEMBER 12, 2023 CITY COUNCIL CITY OF ANNA APPROVED NOVEMBER 6, 2023 Page 1 of 8 CITY OF ANNA Planning & Zoning Commission November 6, 2023 Zoning: Anna Ranch, Phase 2, 3, Commercial, Multifamily, & Industrial Applicant: Harlan Properties, Inc. DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on a recommendation to amend Ordinance No. 333-2021 & Ordinance No. 323-2007 on 205± acres consisting of multiple tracts of land generally located at the northeast, southeast, and southwest corners of Leonard Avenue (CR 422) and E Foster Crossing Road (CR 421). 177 Single-family dwellings, detached lots, 129 single-family dwellings, attached lots, park lot, two vacant commercial lots, vacant multi-family dwelling lot, and vacant industrial lot on 205 acres, generally located on the northeast, southeast, and southwest corners of Leonard Avenue and E. Foster Crossing Road. REMARKS: A Planned Development (PD) is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The subject property is currently undeveloped. A concept plan, Anna Ranch, accompanies this request as Exhibit A. History The current zoning as adopted by Ordinance No. 323-2007 and amended by Ordinance No. 333-2021 originally included 737± acres north and south of Collin County Outer Loop. Under the 2021 zoning amendment, the property owner modified the zoning of 205 acres north of Collin County Outer Loop to better align with the Master Thoroughfare Plan, increased the nonresidential land areas, and adjusted the zoning designations. Page 2 of 8 The Planned Development language and Concept Plan from 2021 included detailed regulations pertaining to required park land dedication. On July 17, 2023, the applicant’s representatives gave a presentation to the Parks Advisory Board. At that meeting, the Board recommended that only one of the two proposed park land dedication sites should be required due to recent park land improvements that are part of an adjacent development. Surrounding Land Uses and Zoning North Single-Family lots in the ETJ north of E Foster Crossing Road and Single-Family Residential (SF-60) zoning (Anna Ranch, Phase 1; Ord. No. 323-2007) East (north of E. Foster Crossing Road) Vacant land zoned Planned Development for single-family, detached (Skorburg Anna Ranch; Ord. No. 1054-2023-06), East (south of E. Foster Crossing Road) Across CR 418 is vacant land zoned Planned Development for multi- family dwellings (Skorburg Anna Ranch; Ord. No. 1054-2023-06), residential lots within the ETJ, a concrete batch plant within the ETJ, and a concrete bath plant, permanent zoned Light Industrial District (I-1) with Specific Use Permit for permanent concrete batch plant (Ord. No. 843-2020) South Collin County Outer Loop West Vacant land zoned Planned Development owned by Holt-Cat (Ord. No. 743-2017 & 1029-2023-01) Proposed Changes •Modify the location and amount of park land dedication based on the construction of Anna Ranch, Phase 1, amenity center and Parks Advisory Board recommendation. ➢Previously, two park land tracts were identified on the Concept Plan and within the Planned Development stipulations. •Update the Planned Development districts’ stipulations to align with the newly adopted Zoning Ordinance districts. ➢Under the previous Zoning Ordinance, single-family, attached was within the SF-TH Townhome District. In August 2023, the Zoning Ordinance was repealed and replaced including removing the SF-TH district and adding the Mixed-Density Residential (MD) District. •With the removal of one of the park land tracts, the applicant is proposing to shift the MD District (Phase 3) to the east in order to provide a Regional Commercial (C-2) District lot at the southeast corner of E Foster Crossing Road and Leonard Avenue. Page 3 of 8 •Modify the Planned Development to allow both the C-2 and MF tracts to develop as Light Industrial (I-1) District. ➢Change the I-1 District land area from a maximum to a minimum allowance of 85 acres. ➢Add additional landscaping requirements if industrial uses are developed adjacent to the MD district. •Clarify the language pertaining to sidewalks. ➢Provide greater details associated with the construction of the required sidewalks and hike & bike trail. •Allow for a 50-foot extension to the maximum 600-feet cul-de-sac length for the street closest to the Anna Ranch, Phase 1 drainage and detention easement. ➢The street has not changed from the previously approved concept plan. SUMMARY: Request to amend Ordinance No. 333-2021 & Ordinance No. 323-2007 on 205± acres consisting of multiple tracts of land generally located at the northeast, southeast, and southwest corners of Leonard Avenue (CR 422) and E Foster Crossing (CR 421). The proposed zoning and concept plan are in conformance with the Future Land Use Plan and elements of the City of Anna Strategic Plan and Comprehensive Plan. The proposal includes the following: Proposed amendments •Modifies areas to be preserved and used for community open space. •Includes a hike and bike trail requirement along Collin County Outer Loop. •Increases the amount of Industrial zoned land within the city. •Adds additional buffer requirements between residential and industrial uses. For these reasons, staff is in support of the zoning request. RECOMMENDATION: Page 4 of 8 If the Commission votes in favor of the zoning request, below are recommended restrictions for the applicants’ zoning request: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan. B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Light Industrial (I-1) District, Regional Commercial (C-2) District, Multi-Family Residential (MF) District, Single-Family Residential (SF-6.0) District, Mixed- Density Residential District (MD), and the Planning and Development Regulations except as otherwise specified herein. (Additions are indicated in underlined text; deletions are indicated in strikethrough text.) a.I-1 Light Industrial (I-1) District: Maximum Minimum land area: 86.0 85± acres in general conformance with the location as shown on the approved concept plan. i. If the land abutting the MD District develops as light industrial, the industrial user shall provide at a minimum a 20-foot landscape buffer with canopy trees staggered at 25-foot centers or evergreen shrubs staggered at two-foot centers with one canopy tree per 50 linear feet. This requirement shall not apply where a right-of-way separates the properties but shall conform to landscape requirements within the Zoning Ordinance. b.C-2 General Regional Commercial (C-2) District: Property. Maximum land area: 19.4 acres in general conformance with the locations as shown on the approved concept plan i. C-2 with frontage along Collin County Outer Loop (21.5 acre tract) has the option to be developed as I-1. c.MF-2 Multiple-Family Multi-Family Residential (MF) District i. Maximum land area: 31.8 27± acres in general conformance with the location as shown on the approved concept plan. ii. Landscape Buffer: A 60 20-foot-wide vegetative buffer shall be provided on the north side of the district where adjacent to a single- family residential district. Trees with a 3” minimum caliber shall be planted staggered at 25-foot centers. The 60-foot vegetative buffer Page 5 of 8 shall count as the required “60-foot setback from the adjacent property line for buildings in excess of one story in height”. iii. MF District (26.2 acre tract) has the option to be developed as I-1. d.SF-TH Townhome Mixed-Density Residential (MD) District i. Minimum lot size: area for single-family, attached: 2,125 square feet ii. Minimum lot depth: 85 feet iii. Maximum number of lots: 123 130 lots iv. Front entry off-street parking shall be permitted for SF-TH development v. Maximum lot coverage (%): 65% e. Additional Residential Standards: The following items shall be implemented as part of the Single Family Residential and Multi-family SF-6.0 and MD Residential land area; i.Park land dedication and public/ private facility dedication/construction community center: In an effort to meet a portion of the required park land dedication requirement; dedication of two one tracts of land for the SF-6.0 and MD Districts, as shown on the approved Concept Plan, for the purpose of Neighborhood Parks subject to review by the city’s parks advisory board and approval by the City Council prior to Preliminary Plat approval. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. Multi-Family dwellings shall pay park land dedication fee in lieu of park land dedication requirement. ii.Amenity Private Community Center(s)/Pocket Parks: 1.Two One private amenity community center facilities shall be provided within the proposed single-family communities MD district for the benefit of the SF-6.0 and MD lots. The proposed location and shall be in general conformance with Page 6 of 8 the approved Concept Plan to include but not limited to land area, pools, bathroom facilities, guest parking, and associated improvements. 2. Within the SF-6.0 single-family residential development, shall provide a 0.7± acre pocket park. iii.Residential Common Area Lot Landscape setbacks/buffer: 1. For all single-family zoned properties (SF-6.0 and SF-TH MD districts), a minimum 30-foot-wide common area lot shall be required adjacent to all sides of Major and Minor Collectors (greater than 60 feet R.O.W.). The common area lots are to be owned and maintained by the homeowners’ associated 2. 15-foot-wide common area lots shall be required adjacent to the north/south R.O.W. that traverses the SF-6.0 single-family residential development as shown on the approved Concept Plan. The common area shall be planted with one large tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet, or portion thereof, of street frontage. The common area lots are to be owned and maintained by the homeowners’ associated 3. Where the MD district abuts a C-2, MF, or I-1 zoning district, a 10-foot-wide common area lot shall be required. This common area lot is in addition to required landscape buffers. 4. All common area lots in this subsection are to be owned and maintained by the homeowner’s association. iv. Fencing: 1. Rear and/or side yards of single-family residential lots adjacent to the 30-foot common area lot along Leonard Avenue and CR 421 (future E. Foster Crossing Road) shall have fencing consisting of an 8-foot-tall cedar fence of uniform design with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. Page 7 of 8 2. Common area lots adjacent to the 30-foot common area lot shall have ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. 3. Wood fencing of a uniform design shall be constructed along the side lot lines of homes adjacent to the 15-foot-wide common area lots located adjacent to the north/south ROW that traverses through the SF-6.0 single-family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 4. Wood fencing of a uniform design shall be constructed along the side lot lines of home located along the Leonard Avenue entrance into the SF-6.0 single-family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 5. Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear and/or side yard of any residential lot abutting and/or adjacent to open space/common area lot not referenced above. The fencing shall be owned and maintained by the single-family development HOA. 6. All other fencing constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. 7. Masonry screening wall shall be constructed, owned and maintained by the future Regional Commercial and Multi- Family users abutting the MD District. v. Sidewalks: Page 8 of 8 1. Construction of an 8-foot hike and bike trail along the frontage of Leonard Avenue adjacent to SF-6.0 single-family residential development and County Road 421 (future E. Foster Crossing Road). 2. Construction of a minimum 6 5-foot-wide sidewalk traversing north/south through the SF-6.0 single family residential zoned property as shown on the approved Concept Plan. 3. The City of Anna will be responsible for maintaining only those portions of the hike and bike trail or sidewalks that are located within or within close proximity to the ROW right-of-way, pedestrian easement, or Hike & Bike Trail easement. 4. Along Collin County Outer Loop, a minimum 12’ wide Hike & Bike Trail easement shall be dedicated. The sidewalk within the Hike & Bike Trail easement shall be reimbursable from the Park Development Fund if the sidewalk constructed is a minimum 8 feet wide. vi. Streets: 1. The maximum cul-de-sac length shall not exceed a total length of 650’. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non-substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without a public hearing. D. The Concept Plan will expire after two (2) years of approval. From:Beth Lowry To:Lauren Mecke Cc:Ross Altobelli Subject:[EXTERNAL]: Re: [EXTERNAL]: Zoning change Date:Monday, November 6, 2023 10:11:00 AM Attachments:PZ - STAFF REPORT1 (Zoning) Anna Ranch.docx Exhibit A (CP) Anna Ranch 2023.pdf Previously Approved Anna Ranch.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. Please note I am AGAINST any rezoning to allow MORE multi-family! You are surrounding us with apartments in Anna Town Square, which doesn’t even have the streets to provide for the additional traffic. Please allow us the green space of two parks and light commercial and the existing single family and townhouse zoning. > On Nov 6, 2023, at 8:40 AM, Lauren Mecke <lmecke@annatexas.gov> wrote: > > Good Morning Mrs. Lowry, > > Based on the Parks Advisory Board's recommendation, the property owner needs to modify their Planned Development language removing the requirement for two park sites; the Parks board recommended acceptance of one park site. Whilst making this change, they updated some of the language to match the new Zoning Ordinance regulations and asked to allow the multifamily & commercial tracts to be allowed to be developed as industrial. > > Original Zoning: https://services5.arcgis.com/DvFgDXTY4DS4ZXFx/arcgis/rest/services/Anna_Base_Data_Viewer/FeatureServer/6/218/attachments/121 > > Attached are the staff report which includes the text changes with removed (strikethrough) and added text (underline), the updated concept plan, and the previously approved concept plan. > > Let me know if you have any questions. > Lauren Mecke > Planning Manager > City of Anna, Texas > 972-924-2616 > > > Visit: AnnaTexas.gov. Like us on Facebook. > > > -----Original Message----- > From: Beth Lowry <beth.lowry1@gmail.com> > Sent: Monday, November 6, 2023 6:08 AM > To: Ross Altobelli <raltobelli@annatexas.gov>; Lauren Mecke <lmecke@annatexas.gov> > Subject: [EXTERNAL]: Zoning change > > CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. > > > What is the zoning change that is being proposed or discussed for Leonard and Foster Crossing? > > Beth Lowry > Anna Town Square Resident > RECEIVED DEVELOPMENT SERVICES 11/06/2023 From:Glenn Brown To:Lauren Mecke; Ross Altobelli Cc:Elaine Holthe; Stephanie Matcek; Tana Brown; micgore@att.net; msalazar7787@gmail.com; David Bergthold Subject:[EXTERNAL]: Re: [EXTERNAL]: Zoning change request NORTH EAST side of EFC & Leaonard Date:Monday, November 6, 2023 12:47:55 PM Attachments:image001.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. Thank you Ms. Mecke, As you will notice below I request this zoning request be denied until improved to better quality and aesthetic standards for our community and city. In a quick review of this zoning change request I have a question and opinion to register. Question: What is the requirement for posting a request to change zoning and when we’re these signs posted? The zoning change re: one new city park makes sense given the one approved East of there on EFC. Many other requests however diminish the living environment for residents in Anna some of which include: Lowering buffer between Single Family and Multi Family from 60ft to 20ft. Do not agree with allowing plank fence along Leonard and EFC when adjacent to Single Family lots. (Leonard should maintain wide vegetative buffer with trees and plants from road to fence, and masonry fences all the way to outer loop. EFC should maintain masonry fences). Do not agree with removing/reducing requirement for trees in common areas. Just a few examples. I request this Zoning Change be denied until amended to be more aesthetically pleasing, contributes to enhancing Anna as a desirable place to live (respecting need for attractive buffers along Leonard & East Foster Crossing. Attractive and welcoming entrance into Anna on Leonard at the Outer Loop. Increasing trees in common areas and between streets and developments in landscape buffers, larger space/buffers between residential lots and Multifamily/Commercial/Industrial, etc. Sent from Yahoo Mail for iPad On Monday, November 6, 2023, 8:38 AM, Lauren Mecke <lmecke@annatexas.gov> wrote: Good Morning Dr. Brown, Based on the Parks Advisory Board’s recommendation, the property owner needs to modify their Planned Development language removing the requirement for two park sites; the Parks board recommended acceptance of one park site. Whilst making this change, they updated some of the language to match the new Zoning Ordinance regulations and asked to allow the multifamily & commercial tracts to be allowed to be developed as industrial. Original Zoning: https://services5.arcgis.com/DvFgDXTY4DS4ZXFx/arcgis/rest/services/Anna_Base_Data_Viewer/FeatureServer/6/218/attachments/121 Attached are the staff report which includes the text changes with removed (strikethrough) and added text (underline), the updated concept plan, and the previously approved concept plan. Let me know if you have any questions. Lauren Mecke Planning Manager City of Anna, Texas Office: 972-924-2616 RECEIVED DEVELOPMENT SERVICES 11/06/2023 PAGE 1 of 2 Visit: AnnaTexas.gov. Like us on Facebook. From: Glenn Brown <drbrownga@yahoo.com> Sent: Sunday, November 5, 2023 8:30 AM To: Ross Altobelli <raltobelli@annatexas.gov>; Lauren Mecke <lmecke@annatexas.gov> Subject: [EXTERNAL]: Zoning change request NORTH EAST side of EFC & Leaonard CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. Mr. Altobelli, Ms. Mecke, I see posted at Leonard and East Foster Crossing (NORTH EAST SIDE) a notice of request for change to zoning of this property. If you would be so kind, may I have a copy of the current zoning and requested zoning change for this property? Sincerely, Glenn A. Brown, Ph.D. 2109 Adriana Dr. Anna, TX 75409 Sent from Yahoo Mail for iPad PAGE 2 of 2 From:GORE, MICHAEL J To:Ross Altobelli; Lauren Mecke; Nate Pike; Lee Miller; Elden Baker; Kevin Toten; racthkey@annatexas.gov; Stan Carver; Pete Cain Subject:[EXTERNAL]: Request to Amend Ordinance 333-2021 and 323-007 Date:Monday, November 6, 2023 1:40:27 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. All: As a home owner and resident of Anna, I request 33-2021 and 323-2007 change requests be denied until they more fully realize the quality and aesthetic compatibility of the standards in force within the local community and city. Decreasing buffers, and substituting wood for brick and mortar fencing are key issues, as well as building the infrastructure BEFORE building more multifamily dwellings. - Mike Gore RECEIVED DEVELOPMENT SERVICES 11/06/2023 From:Steph To:Lauren Mecke Cc:Ross Altobelli; Nate Pike; Lee Miller; Elden Baker; Kevin Toten; Randy Atchley; Stan Carver; Pete Cain Subject:[EXTERNAL]: P & Z Meeting Monday 11/6/23 Date:Monday, November 6, 2023 2:18:28 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. Good Afternoon Ms. Mecke, This email is regarding the item below on tonight’s agenda for the Planning and Zoning Meeting. Conduct a Public Hearing/Consider/Discuss/Action on a recommendation to amend Ordinance No. 333-2021 & Ordinance No. 323-2007 on 205± acres consisting of multiple tracts of land generally located at the northeast, southeast, and southwest corners of Leonard Avenue (CR 422) and E Foster Crossing Road (CR 421). I request this zoning request be denied until improved to better quality and aesthetic standards for our community and city. Many other requests however diminish the living environment for residents in Anna some of which include: Lowering buffer between Single Family and Multi Family from 60ft to 20ft. I do not agree with allowing plank fence along Leonard and EFC when adjacent to Single Family lots. (Leonard should maintain wide vegetative buffer with trees and plants from road to fence, and masonry fences all the way to outer loop. EFC should maintain masonry fences). I do not agree with removing/reducing requirement for trees in common areas. I request this Zoning Change be denied until amended to be more aesthetically pleasing, contributes to enhancing Anna as a desirable place to live (respecting need for attractive buffers along Leonard & East Foster Crossing. Attractive and welcoming entrance into Anna on Leonard at the Outer Loop. Increasing trees in common areas and between streets and developments in landscape buffers, larger space/buffers between residential lots and Multifamily/Commercial/Industrial, etc. Sincerely, Stephanie Dingle 820 Anne Ct RECEIVED DEVELOPMENT SERVICES 11/06/2023 From:David Bergthold To:Ross Altobelli; Lauren Mecke Cc:Glenn Brown; Elaine Holthe; Stephanie Matcek; Subject:[EXTERNAL]: Re: Zoning changes nearby ATS Date:Monday, November 6, 2023 3:42:43 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. Dear Ross, Lauren, and my Anna neighbors, Context matters. In the consideration of the several changes to be considered at tonight's P&Z meeting, context is necessary. Even though these changes being requested by nearby developers may not be directly linked to the history that homeowners in Anna Town Square (ATS) have experienced with past city planners and developers affecting our neighborhood, I believe it is important enough to mention once again here. The following information can shed light on the mood of homeowners in ATS. In this, I sincerely hope that our city and the developers will work to not only understand, but to give credence to our concerns, as well as make all reasonable effort to accommodate them. In summary, I have considerable concerns about the infrastructure, safety, and quality of life in our small corner of Anna being degraded with the projected population load. Therefore, I am opposed to any proposed modifications that would not directly or indirectly increase or maintain our homeowners' satisfaction, value, and/or safety. Sincerely, David Bergthold 642 Brook Drive Anna, TX 75409 ** The following must be considered in addition to the planned ATS single-family residence population. Population Growth and Infrastructure Impact within one-half mile of Anna Town Square (present, under construction, and currently planned) As of September 2023 Listed roughly geographically North to South Open now -to- 24 months out: Total of 2,020 units in 9 properties (6,000+ population addition adjacent/within ATS) RECEIVED DEVELOPMENT SERVICES 11/06/2023 PAGE 1 of 2 (US gov statistics: 3 persons/unit) Palladium Anna Town Square 120 units Access via: Finley The Grand (Phase 1) 281 units Finley The Grand (Phase 2) 250+ units Finley Parmore Anna 185 units Finley JPI 320 units, 11 acres Finley, Sharp Palladium East Foster Crossing 239 units East Foster Crossing Canvas Anna 125 units E Foster Crossing, Leonard Prose Town Square estimate 300+ units, 15.6 acres E Foster Crossing, Penn St Property X (between Prose and Canvas) estimate 200+ units E Foster Not included: Any future residential single- or multifamily development along E Foster Crossing NE of Leonard or South of E Foster Crossing to the Outer Loop. PAGE 2 of 2 From: Elaine Holthe Sent: Monday, November 6, 2023 4:24 PM To: Ross Altobelli; Lauren Mecke Subject: [EXTERNAL]: Re-zoning near ATS CAUTION: This email originated from outside of the organiza5on. Do not click links or open a8achments unless you recognize the sender and know the content is safe. If you are s5ll unsure, please report this email via the PhishNo5fy bu8on. Good a;ernoon Ross and Lauren, I am kindly reques5ng that you deny zoning changes on all property located at East Foster Crossing and Leonard. I feel it is important to provide as much green space, and maintain quality building materials as much as possible. The homeowners within ATS have beau5ful stone and brick homes as well as brick walls separa5ng their proper5es from main roads. It would benefit the neighborhood greatly to maintain this quality. Thank you for your considera5on. Elaine Holthe 2403 Maston Drive. Sent from my iPad RECEIVED DEVELOPMENT SERVICES 11/06/2023 Item No. 7.b. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on a Resolution approving the Anna Ranch, Phases 2 & 3, Residential, Commercial, & Industrial, Concept Plan. (Planning Manager Lauren Mecke) SUMMARY: 177 Single-family dwellings, detached lots, 129 single-family dwellings, attached lots, park lot, two vacant commercial lots, vacant multi-family dwelling lot, and vacant industrial lot on 205± acres located on the northeast, southeast, and southwest corners of Leonard Avenue and E. Foster Crossing Road. This Revised Concept Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose for the Revised Concept Plan is to show the revised conceptual layout and related site improvements and locations associated with the future single-family residential, detached, single-family, attached, multi-family dwellings, park, and nonresidential development. The concept plan complies with the zoning district's area regulations as requested by the zoning case. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning & Zoning Commission recommended approval at the November 6, 2023 Planning & Zoning Commission meeting subject to City Council approval of the zoning request. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Ranch CP Locator Map 2. RESOLUTION Anna Ranch Phases 2 & 3 Concept Plan 3. Exhibit A (CP) Anna Ranch 2023 COUNTY ROAD 418MASTON DRE FOSTER CROSSING RD W A R N E R D R CAROLINESTERROLSTBROCK DR PENN ST SUNBEAM CV ROCKETBENDDRHAV E N D R LILLY LNINDIANOLA TRL RILEYDRCAINDRM IL L RDCOUNTY ROAD 423S POWELL PKWYGOULD WAYWILSONDREFINLEYBLVD CROSSE DRBURGERTDRLEONARDAVEBURLINGTONCRESTTRLTHAYNEDRTATE LN HILLRICHDRVAILLNGARDENDALE HOLLOW LN HUNTINGTON DRASKEWDRSTAFFORDSPOINTLN B R O O K D R COUNTY ROAD 422 E OUTER LOOP R D SHARP ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 800 1,600400 Feet October 2023 H:\Notification Maps\Notification Maps\ Concept Plan - Anna Ranch CITY OF ANNA, TEXAS RESOLUTION NO. _____________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RANCH, PHASES 2, 3, RESIDENTIAL, COMMERCIAL, MULTIFAMILY, & INDUSTRIAL, CONCEPT PLAN WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Harlan Properties has submitted an application for the approval of the Anna Ranch, Phases 2, 3, Residential, Commercial, Multifamily, & Industrial, Concept Plan; and WHEREAS, the Concept Plan conforms to the Planned Development Standards and the city’s Subdivision Regulations and Zoning Ordinance; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Concept Plan The City Council hereby approves the Anna Ranch, Phases 2, 3, Residential, Commercial, Multifamily, & Industrial, Concept Plan attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of December, 2023. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT A P&Z COMMISSION CITY OF ANNA APPROVED DECEMBER 12, 2023 CITY COUNCIL CITY OF ANNA APPROVED NOVEMBER 6, 2023 Item No. 7.c. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Gregory Peters AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to re-authorize City building permit fees in accordance with HB 1922. (Assistant City Manager Greg Peters, P.E.) SUMMARY: During the 88th Regular Session of the Texas Legislature conducted in early 2023, House Bill 1922 was passed and signed by Governor Abbott to become effective January 1, 2024, which will add a new Section 214.908 to the Texas Local Government Code (“HB 1922”) HB 1922 provides that any building permit fee charged by the City shall automatically be abolished on the 10th anniversary after the date of its adoption, or the 10th anniversary after it was most recently reauthorized under the new statute, unless the governing body of the City hold a public hearing on the reauthorization of the fee and takes a vote to reauthorize such fees. In an effort to prevent HB 1922 from abolishing any fees previously adopted by the City, staff recommends approval of the attached Ordinance with its own effective date of January 1, 2024. FINANCIAL IMPACT: The FY2024 revenue projection for building permit fees was budgeted at approximately $4.0 million in FY2024. Loss of these revenues would have a large fiscal impact on the General Fund. BACKGROUND: The City of Anna, Texas charges building permit fees for plan review and inspections of construction in order to ensure that construction is completed in accordance with the adopted International Building Codes and all Federal, State, and local laws and ordinances. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Ord. Reauthorize Building Permit Fees (HB 1922) Ord. 2023-____ Page 1 of 3 CITY OF ANNA, TEXAS ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, REAUTHORIZING BUILDING PERMIT FEES; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALER CLAUSES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna (“City”) is a Texas home-rule municipality which regulates the development of property within its territory, which includes the issuance of building permits and assessment of application fees and other building permit fees as conditions to constructing, renovating, or remodeling a structure in the territory governed by the City; and WHEREAS, in the course of the 88th Regular Session of the Texas Legislature conducted in early 2023, House Bill 1922 was passed and signed by Governor Abbott to become effective January 1, 2024, which will add a new Section 214.908 to the Texas Local Government Code (“HB 1922”); and WHEREAS, HB 1922 provides that any building permit fee charged by the City shall automatically be abolished on the 10th anniversary after the date of its adoption, or the 10th anniversary after it was most recently reauthorized under the new statute, unless the governing body of the City hold a public hearing on the reauthorization of the fee and takes a vote to reauthorize such fees; and WHEREAS, the City of Anna, Texas City Council (“the City Council”) has held the required public hearing, and has investigated and determined that it would be advantageous and beneficial to the City and its citizens, and in the interest of good governance, the public health, safety, and general welfare, to amend the Anna City Code of Ordinances (“Anna Code”) and thereby reauthorize its existing building permit fees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as the findings of the City Council as if set forth in full. Section 2. Ordinance adopted. 2.01 Amendments to Chapter 4 of the Anna Code. The City Council now declares that the Anna City Code of Ordinances is hereby amended by adding a section, to be numbered Sec. 4.01.003, which said section shall Ord. 2023-____ Page 2 of 3 read as follows and shall be placed in Chapter 4 (“Building Regulations”) of the Anna Code, to become and be made part of the Anna Code as of the effective date set forth below: CHAPTER 4 BUILDING REGULATIONS ARTICLE 4.01 GENERAL PROVISIONS [ . . . ] § 4.01.003 Reauthorization of Building Permit Fees. (a) All building permit fees, as that term is defined for purposes of Texas Local Government Code § 214.908 (as amended), are reauthorized by vote of the city council. (b) The City Secretary shall take appropriate steps to ensure that a public hearing is scheduled and timely noticed to be held no later than the 9th anniversary of the effective date of this section (on or before January 1, 2033) so that the City Council may thereafter determine whether to reauthorize some or all of the City’s building permit fees to prevent abolition by operation of Texas Local Government Code § 214.908 (as amended). [ . . . ] Section 3. Savings, Severability and Repealing Clauses. All ordinances, resolutions, and prior enactments of the City in conflict with the provisions of this ordinance are hereby repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective immediately after Texas Local Government Code § 214.908, as enacted by House Bill 1922 of the 88th Regular Session of the Texas Legislature and as may be amended thereafter, becomes effective and applicable to the City of Anna. As of the date of the passage of this Ord. 2023-____ Page 3 of 3 ordinance, the effective date of said statute is January 1, 2024. PASSED by the City Council of the City of Anna, Texas, this ______ day of _____________, 2023. ATTESTED: _________________________ City Secretary, Carrie Land APPROVED: _________________________ Mayor, Nate Pike Item No. 7.d. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on the naming of a future park in the Woods at Lindsey Place development. (Assistant City Manager Greg Peters, P.E.) SUMMARY: At their November meeting, the Parks Advisory Board approved a recommendation for the name of the dedicated park in the Woods at Lindsey Place development off of Rosamond Pkwy. Guided by the "City of Anna Policy and Procedure for Naming City Parks, Trails, Recreational Areas and Other Recreational Facilities," the Board recommended "John Flavel Greer Park" citing the naming criterion "historical or cultural significance." Staff requests that City Council approve the recommendation from the Board or approve an alternate name of their choosing. FINANCIAL IMPACT: Action on this item has no financial impact. BACKGROUND: The developer of the Woods at Lindsey Place is dedicating a total of 19.8 acres of parkland as part of the park dedication and development requirements of the City. The park will also be constructed by the developer. The park is split by Rosamond Pkwy with 12.3 acres on the north side and 7.5 acres to the south. There will be multiple playgrounds, pavilions and parking lots along with a dog park and walking trail that meanders through wooded areas. The City's park facility naming policy identifies the following naming criteria: • Geographical location • Nearby natural and physical characteristics of the land • Historical or cultural significance • Persons of outstanding civic service to the city • Documented community support • Events hosted in the area • Relevant concepts or ideas • Organizations providing community service in the area • Significant material contributions The Parks Advisory Board selected the name "John Flavel Greer Park" due to his historical significance to the City of Anna. John Flavel Greer, born in 1850, settled on a farm in Mantua in 1870. In 1878, he went back to Alabama to marry Laura Ellis. Upon returning to Texas, and with the coming of the railroad (which bypassed Mantua), Greer built the first house and business in the new town of Anna. He served as the first mayor and first postmaster. STRATEGIC CONNECTIONS: ATTACHMENTS: 1. Greer background info and map Location of L indsay Place John Flavel Greer, born in 1850, settled on a farm in Mantua in 1870. In 1878 he went back to Alabama to marry Laura Ellis. Upon returning to Texas, and with the coming of the railroad (which bypassed Mantua), Greer built the first house and business in the new town of Anna. He served as the first mayor and first postmaster. Item No. 7.e. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution to award the construction of the Anna Community Library & Plaza project to McCownGordon Construction, LLC. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is to award the construction of the Anna Community Library & Plaza project to McCownGordon Construction, LLC. The City completed a best value bid process in accordance with the Texas Local Government Code. Four bids were received for the project. All four bids were within the budget range for the project, with three bids being under budget. All four bidders were interviewed by a team of city staff and consultants. After a thorough review of bid prices, current workload, reputation, safety record, project team experience, and references, the highest scoring bidder was found to be McCownGordon Construction, LLC. Project Advocates compiled all the scoring information from the process and has provided a letter of recommendation for the award, which is attached as Exhibit A. The Bid Date Summary is attached as Exhibit B. Project Advocates conducted a cost analysis and review of the project costs, which is attached as Exhibit C. The executed AIA Contract is attached as Exhibit D. City staff found that all four bids were competitive in price. McCownGordon Construction, LLC, is qualified and has the capacity to perform the project, and has presented a bid within the budget identified for the project. No additional funding will be required for the project beyond the voter-approved total amount. Staff concurs with the recommendation received from Project Advocates and recommends approval of the resolution. FINANCIAL IMPACT: Funding for the Anna Community Library project was appropriated in the FY2022-2025 Community Investment Program budget in the amount of $22 million from the General Obligation Bond Fund. Funding for the Municipal Complex Plaza project was appropriated in the FY2023 Community Investment Program budget in the amount of $2 million from the Economic Development Corporation and $1.5 million from Park Development Funds. The estimated price for the construction contract of both projects combined is $16.5 million, not including the owner's contingency and soft costs. BACKGROUND: In May of 2021, Anna voters approved Proposition B - which included the approval of $22 Million in Bonds to fund the design and construction of a community library. In 2022, the City Council selected members of the community to participate in the design process as the Anna Public Library Task Force. The city contracted with Project Advocates to assist as the owner's representative, and the design was completed this year by a consulting team including 720 Architects, BRW Architects, Gessner Engineering, Teague Nall & Perkins, and others. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Exhibit A - Letter of Recommendation - Project Advocates 2. Exhibit B - Bid Date Summary 3. Exhibit C - Cost Analysis 4. Exhibit D - AIA CONTRACT - Signed 5. Resolution - Award Anna Community Library and Municipal Complex Plaza Construction Contract 6. Library and Plaza Presentation Page 1 of 1 December 5, 2023 Mr. Greg Peters, P.E. Interim Assistant City Manager City of Anna TX 120 W 7th St, Anna, TX 75409 Re: Anna Community Library and Anna Plaza - General Contractor Recommendation Mr. Peters, As the Owner’s Representative for the City of Anna on the Anna Community Library and Anna Plaza projects, Project Advocates recommends the City of Anna to engage with McCownGordon Construction LLC as the General Contractor for both projects. We have thoroughly reviewed bids, held interviews with all four bidders, and had follow-up conversations with the front runners to properly vet the contractors on behalf of the City of Anna. The interviews were held on November 15th, with City Staff, Project Advocates, and members of the design team present. McCownGordon scored the highest, with all the City Staff. In accordance with the Project Charter, the General Contractor selection would be based on the ‘Best Value’ option for the city. Emphasis was placed on the proposed team, references, safety ratings, company reputation, and current workload. McCownGordon’s bid submission, along with the three other firms, fit within the budget set forth in the May 25th, 2021, Bond. McCownGordon is a stable company with positive references, safety rating, reputation, and dedicated staff ready to begin working on the Anna Community Library and Anna Plaza projects. Sincerely, Phil Miller Principal Project Advocates Contractor Library Base Bid Plaza Base Bid Bid BondAddendum #1Addendum #2Total1NOVEL BUILDERS15,369,397.00$ 2,129,873.00$ YYY17,499,270.00$ 2TEGRITY CONTRACTORS14,068,716.00$ 1,929,061.00$ YYY15,997,777.00$ 3McCOWNGORDON CONSTRUCTION14,124,359.00$ 1,648,207.00$ YYY15,772,566.00$ 4TALLEY RIGGINS CONSTRUCTION GROUP14,357,869.00$ 2,272,658.00$ YYY16,630,527.00$ BID DATE SUMMARY - PRE-VETTINGBids Received at 2:00 p.m., Monday, November 13, 2023Anna Community Library and Plaza ANNA COMMUNITY LIBRARY AND PLAZA GC BID SUMMARY - UPDATED AFTER VETTINGNOVEMBER 28, 2023Library Soft CostsLibrary Construction Hard CostsLibrary Construction In-Direct CostsContractor Contingency14 Months 13 Months 13 Months 15.5 Months 14 MonthsPlaza Soft CostsPlaza Construction Hard CostsPlaza Indirect CostsLibrary Total Project CostPlaza Total Project CostPlaza Cost AnalysisProject Advocates Opinion of CostsTalley Riggins Construction $ 796,700 $ 796,700 ALTERNATES (NOT INCLUDED IN BASE BID NUMBERS): $ 21,568,475 Alt 2- $51,515 AddTotal Project Cost TotalsAcoustic PanelsNOT APPLICABLE SINCE THE PLAZA COST OPINION WAS BELOW THE BUDGETED AMOUNT $ 25,716,816 $ 3,368,798 $ 25,903,197 Talley Riggins Construction $ 7,434,957 $ 7,434,957 $ 7,434,957 $ 12,396,115 $ 12,609,990 $ 13,097,507 $ 1,691,055 $ 1,458,726 $ 1,139,337 Project Advocates Opinion of Costs $ 22,534,399 $ 2,210,979 $ 1,962,138 $ 306,010 $ 267,672 Talley Riggins ConstructionTegrity Contractors $ 796,700 $ 796,700 $ 1,459,615 $ 1,952,646 $ 469,446 $ 157,888 $ 21,439,896 $ 21,791,354 $ 2,768,609 $ 24,208,505 $ 24,717,927 $ 2,926,573 Novel Builders $ 796,700 Novel Builders $ 1,727,978 $ 194,043 McCown Gordon $ 2,309,775 $ 1,404,720 $ - $ 139,553 $ 270,699 Novel Builders $ 401,802 $ 87,863 $ 7,434,957 $ 7,434,957 $ 12,165,499 $ 12,509,198 Tegrity ContractorsLibrary Cost AnalysisProject Advocates Bid Day Cost AdjustmentsMcCown GordonProject Advocates Opinion of Costs $ 7,396,957 $ 12,425,865 $ 2,711,577 Total Project Cost AnalysisProject Advocates Bid Day Cost AdjustmentsMcCown Gordon $ 22,348,018 $ 21,436,738 $ 3,368,798 $ 2,673,212 Tegrity Contractors $ 24,637,833 $ 3,069,358 $ 24,109,950 RTU Screenwall Alt 3- $244,881 Add Alt 3- $254,777 Add Alt 3- $300k Add Alt 3- $261,800 AddEarth Formed GB Alt 4- ($65,426) Ded Alt 4- (63,777) Deduct Alt 4- ($20k) Deduct Alt 4- $77,510 DeductAlt 1- $65K Add Alt 1- $75,750 AddAlt 1- $62,777 AddAlt 1- $58,543K AddWood Look DeckAlt 2- $59,777 Add Alt 2- $65k Add Alt 2- $16,698 Add Document A102® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 1 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. The parties should complete A102™–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 4 day of December in the year 2023 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Anna, Texas Ryan Henderson, Interim City Manager 120 W 7th St, Anna, TX 75409 and the Contractor: (Name, legal status, address and other information) McCownGordon Construction LLC a Missouri Limited Liability Company 5700 Granite Parkway, Suite 800 Plano, TX 75024 ATTN: Charles DeVoe for the following Project: (Name, location and detailed description) Anna Community Library and Anna Plaza 111 W Fifth Street Anna, TX 75409 The Architect: (Name, legal status, address and other information) BRW Architects 3535 Travis St #250 Dallas, TX 75204 The Owner and Contractor agree as follows. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 RELATIONSHIP OF THE PARTIES 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 CONTRACT SUM 6 CHANGES IN THE WORK 7 COSTS TO BE REIMBURSED 8 COSTS NOT TO BE REIMBURSED 9 DISCOUNTS, REBATES AND REFUNDS 10 SUBCONTRACTS AND OTHER AGREEMENTS 11 ACCOUNTING RECORDS 12 PAYMENTS 13 DISPUTE RESOLUTION 14 TERMINATION OR SUSPENSION 15 MISCELLANEOUS PROVISIONS 16 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 16. ARTICLE 2 THE WORK OF THIS CONTRACT § 2.1 The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. § 2.2 The Contractor’s Project Team will include the individuals listed below and such other assistants, technical, administrative and other personnel as are required to carry out the Work effectively, to maintain the progress of the Work in accordance with the requirements of the Project Schedule, and to satisfy all obligations of the Contractor under the Contract Documents, subject to the Owner’s written approval. No change in the composition of the Project Team, including, without limitation, reassignment and/or removal of any Project Team member, shall be made without the Owner’s written approval. The Owner may require removal or reassignment of any member of the Project Team, or DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 3 assistant, technical or administrative personnel with or without cause, upon notice to the Contractor. Contractor shall reassign or remove any Project Team member or assistant, technical or administrative personnel withing five (5) business days after notice to do so from the Owner. Before beginning the Work, the Contractor shall provide to the Owner and the Architect a job organization chart, identifying all key personnel involved in the Work and their responsibilities, including the percentage of time each person idendified thereon will devote to the Project. Senior Project Manager – Brandon Rapp Project Superintendent – Josh Phelps Project Engineer – Laura Lei ARTICLE 3 RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor’s skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 4.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ]The date of this Agreement. [ X ]A date set forth in a notice to proceed issued by the Owner. [ ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 4.2 The Contract Time shall be measured from the date of commencement of the Work. § 4.3 Substantial Completion § 4.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ X ]Not later than 426 ( four hundred and twenty-six ) calendar days from the date of commencement of the Work. [ ]By the following date: § 4.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 4.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 4.3, liquidated damages, if any, shall be assessed as set forth in Section 5.1.6. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 4 ARTICLE 5 CONTRACT SUM § 5.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor’s Fee. § 5.1.1 The Contractor’s Fee: (State a lump sum, percentage of Cost of the Work, or other provision for determining the Contractor’s Fee.) Lump Sum Fee of $473,177 § 5.1.2 The method of adjustment of the Contractor’s Fee for changes in the Work: Five percent (5%) fee on changes. No fee shall be added for Contractor Contingency or Allowances The Contractor shall be allowed to carry a contingency within the GMP, inclusive of their indirect cost, of one-hundred thousand dollars ($100,000.00). The Contingency is to be used for minor design clarifications, conflicts, and the inherit risks associated with contracting, but not improvements in quality or additional scope by the Owner. § 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: Fifteen percent (15%) § 5.1.4 Rental rates for Contractor-owned equipment shall not exceed Eighty percent ( 80 %) of the standard rental rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) Refer to Exhibit B § 5.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) The contractor acknowledges that time is of the essence and agrees to complete all work in a timely and expeditious manner. Both parties agree that the Owner will experience inconveniences should the agreed upon substantial completion dates not be achieved and that it would be difficult to assess consequential damages that would result in delays of beneficial use. In lieu of consequential damages. Both parties agree to liquidated damages of $500/day for each day the Work is not Substantially Complete after the agreed upon date of Substantial Completion. The Construction Manager will be given 45 days after the date of Substantial Completion to achieve Final Completion. Beginning on the 46th day after the date of Substantial Completion, if the Construction Manager has not achieved Final Completion, Liquidated Damages will be assessed at a rate of $1,000/day for each day. Liquidated Damages for failure to achieve Substantial Completion and failure to achieve Final Completion shall not be assessed simultaneously against the contractor. Such Liquidated Damages shall be the Owner’s damages for delays arising from the Construction Manager’s failure to achieve Substantial Completion or Final Completion as defined herein. The Liquidated Damages provision shall not otherwise impede Owner’s other contractual remedies as provided in Article 14 of AIA Document A201. The Owner reserves that sole right to waive Liquidated Damages at their discretion. § 5.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) If, at the completion of the Work and the Contractor’s Fee total less than the Guaranteed Maximum Cost (adjusted for Change Orders) such difference shall constitute "Savings." The contractor shall be entitled to share 30% of all job cost and contractor contingency savings up to a maximum of $75,000 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 5 § 5.2 Guaranteed Maximum Price § 5.2.1 The Contract Sum is guaranteed by the Contractor not to exceed sixteen million, one-hundred and seventy thousand, six-hundred and two dollars ($ 16,170,602.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. § 5.2.1.1 One hundred percent (100%) of all savings shall revert to the Owner, except as specifically defined in 5.1.7. § 5.2.2 Alternates § 5.2.2.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price Library Alternate No. 1 Wood Look Roof Deck Library Alternate No. 2 Sound-Absorbing Units Library Alternate No.4 Concrete Form Work Plaza Alternate No, 1 – Synthetic Turf $75,750 $16,698 ($77,510) Deductive $219,725 § 5.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance Library Alternate No. 3 Premanufactured Equipment Screen $261,800 (plus escalation cost from contract execution) Budget § 5.2.3 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Item Price Pier Casing (based on 15% of total piers)$20,224.00 § 5.2.4 Assumptions, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption.) N/A § 5.2.5 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 5.2.6 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in Section 5.2.4. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions contained in Section 5.2.4 and the revised Contract Documents. § 5.2.7 All major scope items susceptible to market changes shall be purchased within forty-five (45) days of Contract Agreement. Costs increases due to procurement shall be presented and approved by the Owner within forty-five (45) days of the Contract Agreement. Any cost increases due to procurement beyond the established forty-five (45) days will be taken out of the Contractor contingency, with Owner approval on a case by case basis. ARTICLE 6 CHANGES IN THE WORK § 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Article 7 of AIA Document A201™–2017, General Conditions of the Contract for Construction. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 6 § 6.2 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201–2017, as they refer to "cost" and "fee," and not by Articles 5, 7 and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of AIA Document A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Contractor’s Fee as defined in Section 5.1.1 of this Agreement. § 6.4 Intentionally deleted. ARTICLE 7 COSTS TO BE REIMBURSED § 7.1 Cost of the Work § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. The Cost of the Work shall include only the items set forth in this Article 7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Contractor shall obtain such approval in writing prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing this Agreement. § 7.1.3 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops. § 7.2.2 Wages or salaries of the Contractor’s supervisory and administrative personnel when stationed at the site and performing Work, with the Owner’s prior approval. § 7.2.2.1 Wages or salaries of the Contractor’s supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) N/A § 7.2.3 Wages or salaries of the Contractor’s supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Contractor, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments, and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 7 § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor 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 Contractor shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Contractor, or a related party as defined in Section 7.8, shall be subject to the Owner’s prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Contractor’s site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. The cost of Subcontractor bonds shall be invoiced at actual cost as a cost of the work and reviewed with the Owner Representative at time of engagement. Builders Risk insurance shall be provided by the Contractor and invoiced at actual cost of the Work and reviewed with the Owner’s representative at time of engagement. § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Contractor, with the Owner’s prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Contractor is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Contractor is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 8 § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Contractor resulting from such suits or claims, and payments of settlements made with the Owner’s consent, unless the Contractor had reason to believe that the required design, process or product was an infringement of a copyright or a patent, and the Contractor failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201–2017. The costs of legal defenses, judgments, and settlements, shall not be included in the Cost of the Work used to calculate the Contractor’s Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner’s prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Contractor’s negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld. § 7.6.10 Expenses incurred in accordance with the Contractor’s standard written personnel policy for relocation and temporary living allowances of the Contractor’s personnel required for the Work, with the Owner’s prior approval. § 7.6.11 That portion of the reasonable expenses of the Contractor’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner’s prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201–2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractor; (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 10. If the Owner fails to authorize the transaction in writing, the Contractor shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 10. ARTICLE 8 COSTS NOT TO BE REIMBURSED § 8.1 The Cost of the Work shall not include the items listed below: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 9 .1 Salaries and other compensation of the Contractor’s personnel stationed at the Contractor’s principal office or offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article 15; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Contractor’s principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Article 7; .5 The Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Contractor, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Article 7; and .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS § 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. § 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Contractor shall deliver such bids to the Architect and Owner with an indication as to which bids the Contractor intends to accept. The Owner then has the right to review the Contractor’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 10.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Contractor 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 Contractor in Article 11. ARTICLE 11 ACCOUNTING RECORDS The Contractor 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 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 10 shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 12 PAYMENTS § 12.1 Progress Payments § 12.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Contractor, as provided below and elsewhere in the Contract Documents. § 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Thirty (30) day payment after invoice has been approved by the Architect and Owner. § 12.1.3 Provided that an Application for Payment is received by the Architect not later than the 23rd day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 12.1.4 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor’s Fee. § 12.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Contractor’s Fee. § 12.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 12.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 12.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 12.1.5.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect and Owner. § 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work and for which the Contractor has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 12.1.7 In accordance with AIA Document A201–2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 11 § 12.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified; and .4 The Contractor’s Fee, less retainage shall be computed upon the Cost of the Work described in the preceding Sections 12.1.7.1.1 and 12.1.7.1.2 at the rate stated in Section 5.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 12.1.7.1.1 and 12.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 12.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 12.1.8. § 12.1.8 Retainage § 12.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Ten percent (10%) Retainage § 12.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Material vendors as itemized and noted on the AIA-G703 payment application and approved by the Owner. § 12.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 12.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification.) At 50% completion as determined by the AIA-G703 payment application, retainage (including previous applications) shall be reduced to 5%. Reduction of Retainage is subject to Owner’s approval based on the Work progressing satisfactorily and Contractor is not in default or any of its obligations under the Contract Document; Subject to Owner’s approval § 12.1.8.3 Except as set forth in this Section 12.1.8.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 12.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 12 (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) Retainage Payment is subject to the completion of the Owner’s Audit and Reconciliation and completion of Project Punchlist. § 12.1.9 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 12.1.10 Except with the Owner’s prior written approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 12.1.11 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 12.1.12 In taking action on the Contractor’s Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 12.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 12.2 Final Payment § 12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract, except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 12.2.2. § 12.2.2 Within 30 days of the Owner’s receipt of the Contractor’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 12.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors’ findings to the Architect. § 12.2.2.2 Within seven days after receipt of the written report described in Section 12.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 12.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Article 9 of AIA Document A201–2017. The time periods stated in this Section 12.2.2 supersede those stated in Article 9 of AIA Document A201–2017. The Architect is not responsible for verifying the accuracy of the Contractor’s final accounting. § 12.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Contractor’s final accounting, is less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Contractor within 30 days after the Contractor’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the Architect’s final Certificate for Payment. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 13 § 12.2.3 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: § 12.2.4 If, subsequent to final payment, and at the Owner’s request, the Contractor incurs costs, described in Article 7 and not excluded by Article 8, to correct defective or nonconforming Work, the Owner shall reimburse the Contractor for such costs, and the Contractor’s Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 5.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 12.2.4 in determining the net amount to be paid by the Owner to the Contractor. § 12.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment, per Article 12.1, is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % ARTICLE 13 DISPUTE RESOLUTION § 13.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to the Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Project Advocates 3833 Ridgetop Lane Plano, TX 75074 Contact: Phil Miller § 13.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ]Arbitration pursuant to Section 15 of AIA Document A201–2017 [ X ]Litigation in a court of competent jurisdiction [ ]Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 14 TERMINATION OR SUSPENSION § 14.1 Termination § 14.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 14 § 14.1.2 Termination by the Owner for Cause § 14.1.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201–2017, the amount, if any, to be paid to the Contractor under Article 14 of AIA Document A201–2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1.1 or, if the Contractor’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; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201–2017. § 14.1.2.2 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 14.1.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 14.1.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of or method for determining the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.) If the Owner terminates the Contract for convenience, the Contractor will be paid for Work performed and its fee on Work performed to the point of termination. § 14.2 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201–2017, except that the term "profit" shall be understood to mean the Contractor’s Fee as described in Article 5 and Section 6.4 of this Agreement. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 15.2 The Owner’s representative: (Name, address, email address and other information) Project Advocates Phil Miller and Alma Zamora 3833 Ridgetop Lane Plano, TX 75074 § 15.3 The Contractor’s representative: (Name, address, email address and other information) Charles DeVoe Senior Vice President/Regional Leader DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 15 McCownGordon Construction LLC a Missouri Limited Liability Company 5700 Granite Parkway, Suite 800 Plano, TX 75024 § 15.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 15.5 Insurance and Bonds § 15.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A102™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 15.5.2 The Contractor shall provide bonds as set forth in AIA Document A102™–2017 Exhibit A, and elsewhere in the Contract Documents. § 15.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) § 15.7 Other provisions: ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS § 16.1 This Agreement is comprised of the following documents: .1 AIA Document A102™–2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A201™–2017, General Conditions of the Contract for Construction (Paragraphs deleted) .3 Drawings Number Title Date REFERENCE SHEET INDEX REFERENCE SHEET INDEX CITY OF ANNA COMMUNITY LIBRARY CONSTRUCTION DOCUMENTS – ISSUE FOR PERMIT CITY OF ANNA PLAZA – 100% CONSTRUCTION DOCUMENTS 09-20-2023 09-21-2023 .6 Specifications Section Title Date Pages Ref Project Manual PROJECT MANUAL – ANNA COMMUNITY LIBRARY – VOLUME 1 OF 2 09-20-2023 928 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 16 Ref Project Manual PROJECT MANUAL – ANNA COMMUNITY LIBRARY VOLUME 2 OF 2 09-20-2023 816 .7 Addenda, if any: Number Date Pages ACL - ADDENDUM No. 1 ACL - ADDENDUM No. 2 CAP – ADDENDUM No.1 10/12/23 10/13/23 10/12/23 See construction documents See construction documents See construction documents Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 16. .8 Other Exhibits: (Check all boxes that apply.) [ ]AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ]The Sustainability Plan: Title Date Pages [ X ]Supplementary and other Conditions of the Contract: Document Title Date Pages EXHIBIT A - EXHIBIT B - EXHIBIT C - McCOWNGORDON BID FORM WITH ALTERNATES McCOWNGORDON UNIT PRICING McCOWNGORDON PROJECT SCHEDULE 11-30-2023 Revised 11-30-2023 11-30-2023 2 1 8 .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) EXHIBIT D - CITY OF ANNA, TEXAS BID, SPECIFICATION, AND CONTRACT DOCUMENTS DATED OCTOBER 26, 2023; 126 PAGES This Agreement entered into as of the day and year first written above. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 17 OWNER (Signature)CONTRACTOR (Signature) Charles DeVoe Senior Vice President/Regional Leader (Printed name and title)(Printed name and title) DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Additions and Deletions Report for AIA® Document A102® – 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:55:48 ET on 11/30/2023. Additions and Deletions Report for AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 1 PAGE 1 AGREEMENT made as of the 4 day of December in the year 2023 … City of Anna, Texas Ryan Henderson, Interim City Manager 120 W 7th St, Anna, TX 75409 … McCownGordon Construction LLC a Missouri Limited Liability Company 5700 Granite Parkway, Suite 800 Plano, TX 75024 ATTN: Charles DeVoe … (Name, location and detailed description) Anna Community Library and Anna Plaza 111 W Fifth Street Anna, TX 75409 … (Name, legal status, address and other information) BRW Architects 3535 Travis St #250 Dallas, TX 75204 PAGE 2 The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.§ 2.1 The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. § 2.2 The Contractor’s Project Team will include the individuals listed below and such other assistants, technical, administrative and other personnel as are required to carry out the Work effectively, to maintain the progress of the Work in accordance with the requirements of the Project Schedule, and to satisfy all obligations of the Contractor under the Contract Documents, subject to the Owner’s written approval. No change in the composition of the Project Team, DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Additions and Deletions Report for AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 2 including, without limitation, reassignment and/or removal of any Project Team member, shall be made without the Owner’s written approval. The Owner may require removal or reassignment of any member of the Project Team, or assistant, technical or administrative personnel with or without cause, upon notice to the Contractor. Contractor shall reassign or remove any Project Team member or assistant, technical or administrative personnel withing five (5) business days after notice to do so from the Owner. Before beginning the Work, the Contractor shall provide to the Owner and the Architect a job organization chart, identifying all key personnel involved in the Work and their responsibilities, including the percentage of time each person idendified thereon will devote to the Project. Senior Project Manager – Brandon Rapp Project Superintendent – Josh Phelps Project Engineer – Laura Lei PAGE 3 [ X ]A date set forth in a notice to proceed issued by the Owner. … [ X ]Not later than 426 ( four hundred and twenty-six ) calendar days from the date of commencement of the Work. PAGE 4 Lump Sum Fee of $473,177 … Five percent (5%) fee on changes. No fee shall be added for Contractor Contingency or Allowances The Contractor shall be allowed to carry a contingency within the GMP, inclusive of their indirect cost, of one-hundred thousand dollars ($100,000.00). The Contingency is to be used for minor design clarifications, conflicts, and the inherit risks associated with contracting, but not improvements in quality or additional scope by the Owner. … Fifteen percent (15%) § 5.1.4 Rental rates for Contractor-owned equipment shall not exceed Eighty percent ( 80 %) of the standard rental rate paid at the place of the Project. … Refer to Exhibit B … The contractor acknowledges that time is of the essence and agrees to complete all work in a timely and expeditious manner. Both parties agree that the Owner will experience inconveniences should the agreed upon substantial completion dates not be achieved and that it would be difficult to assess consequential damages that would result in delays of beneficial use. In lieu of consequential damages. Both parties agree to liquidated damages of $500/day for each day the Work is not Substantially Complete after the agreed upon date of Substantial Completion. The Construction Manager will be given 45 days after the date of Substantial Completion to achieve Final Completion. Beginning on the 46th day after the date of Substantial Completion, if the Construction Manager has not achieved Final Completion, Liquidated Damages will be assessed at a rate of $1,000/day for each day. Liquidated Damages for failure to achieve Substantial Completion and failure to achieve Final Completion shall not be assessed simultaneously against the contractor. Such Liquidated Damages shall be the Owner’s damages for delays arising from the Construction Manager’s failure to achieve Substantial Completion or Final Completion as defined herein. The Liquidated Damages provision shall not otherwise impede Owner’s other contractual remedies as provided in DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Additions and Deletions Report for AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 3 Article 14 of AIA Document A201. The Owner reserves that sole right to waive Liquidated Damages at their discretion. … If, at the completion of the Work and the Contractor’s Fee total less than the Guaranteed Maximum Cost (adjusted for Change Orders) such difference shall constitute "Savings." The contractor shall be entitled to share 30% of all job cost and contractor contingency savings up to a maximum of $75,000 PAGE 5 § 5.2.1 The Contract Sum is guaranteed by the Contractor not to exceed sixteen million, one-hundred and seventy thousand, six-hundred and two dollars ($ 16,170,602.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. § 5.2.1.1 One hundred percent (100%) of all savings shall revert to the Owner, except as specifically defined in 5.1.7. … Library Alternate No. 1 Wood Look Roof Deck Library Alternate No. 2 Sound-Absorbing Units Library Alternate No.4 Concrete Form Work Plaza Alternate No, 1 – Synthetic Turf $75,750 $16,698 ($77,510) Deductive $219,725 … Library Alternate No. 3 Premanufactured Equipment Screen $261,800 (plus escalation cost from contract execution) Budget … Pier Casing (based on 15% of total piers)$20,224.00 … N/A … § 5.2.7 All major scope items susceptible to market changes shall be purchased within forty-five (45) days of Contract Agreement. Costs increases due to procurement shall be presented and approved by the Owner within forty-five (45) days of the Contract Agreement. Any cost increases due to procurement beyond the established forty-five (45) days will be taken out of the Contractor contingency, with Owner approval on a case by case basis. PAGE 6 § 6.4 If no specific provision is made in Article 5 for adjustment of the Contractor’s Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Article 5 will cause substantial inequity to the Owner or Contractor, the Contractor’s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly.Intentionally deleted. … DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Additions and Deletions Report for AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 4 § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Contractor shall obtain such approval in writing prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing this Agreement. … N/A PAGE 7 § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. The cost of Subcontractor bonds shall be invoiced at actual cost as a cost of the work and reviewed with the Owner Representative at time of engagement. Builders Risk insurance shall be provided by the Contractor and invoiced at actual cost of the Work and reviewed with the Owner’s representative at time of engagement. PAGE 10 Thirty (30) day payment after invoice has been approved by the Architect and Owner. § 12.1.3 Provided that an Application for Payment is received by the Architect not later than the 23rd day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. … § 12.1.5.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect.Architect and Owner. PAGE 11 .4 The Contractor’s Fee, less retainage shall be computed upon the Cost of the Work described in the preceding Sections 12.1.7.1.1 and 12.1.7.1.2 at the rate stated in Section 5.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 12.1.7.1.1 and 12.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. … Ten percent (10%) Retainage … Material vendors as itemized and noted on the AIA-G703 payment application and approved by the Owner. … At 50% completion as determined by the AIA-G703 payment application, retainage (including previous applications) shall be reduced to 5%. Reduction of Retainage is subject to Owner’s approval based on the Work progressing satisfactorily and Contractor is not in default or any of its obligations under the Contract Document; Subject to Owner’s approval PAGE 12 Retainage Payment is subject to the completion of the Owner’s Audit and Reconciliation and completion of Project Punchlist. PAGE 13 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Additions and Deletions Report for AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 5 Payments due and unpaid under the Contract shall bear interest from the date payment payment, per Article 12.1, is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. … Project Advocates 3833 Ridgetop Lane Plano, TX 75074 Contact: Phil Miller … [ X ]Litigation in a court of competent jurisdiction PAGE 14 If the Owner terminates the Contract for convenience, the Contractor will be paid for Work performed and its fee on Work performed to the point of termination. … Project Advocates Phil Miller and Alma Zamora 3833 Ridgetop Lane Plano, TX 75074 … Charles DeVoe Senior Vice President/Regional Leader McCownGordon Construction LLC a Missouri Limited Liability Company 5700 Granite Parkway, Suite 800 Plano, TX 75024 PAGE 15 .2 AIA Document A102™–2017, Exhibit A, Insurance and Bonds .3 AIA Document A201™–2017, General Conditions of the Contract for Construction .4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) .5 .3 Drawings … REFERENCE SHEET INDEX REFERENCE SHEET INDEX CITY OF ANNA COMMUNITY LIBRARY CONSTRUCTION DOCUMENTS – ISSUE FOR PERMIT CITY OF ANNA PLAZA – 100% CONSTRUCTION 09-20-2023 09-21-2023 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Additions and Deletions Report for AIA Document A102 – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 6 DOCUMENTS … Ref Project Manual Ref Project Manual PROJECT MANUAL – ANNA COMMUNITY LIBRARY – VOLUME 1 OF 2 PROJECT MANUAL – ANNA COMMUNITY LIBRARY VOLUME 2 OF 2 09-20-2023 09-20-2023 928 816 PAGE 16 ACL - ADDENDUM No. 1 ACL - ADDENDUM No. 2 CAP – ADDENDUM No.1 10/12/23 10/13/23 10/12/23 See construction documents See construction documents See construction documents … [ X ]Supplementary and other Conditions of the Contract: … EXHIBIT A - EXHIBIT B - EXHIBIT C - McCOWNGORDON BID FORM WITH ALTERNATES McCOWNGORDON UNIT PRICING McCOWNGORDON PROJECT SCHEDULE 11-30-2023 Revised 11-30-2023 11-30-2023 2 1 8 … EXHIBIT D - CITY OF ANNA, TEXAS BID, SPECIFICATION, AND CONTRACT DOCUMENTS DATED OCTOBER 26, 2023; 126 PAGES PAGE 17 Charles DeVoe Senior Vice President/Regional Leader DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:55:48 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1500543352) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Phil M. Miller, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:55:48 ET on 11/30/2023 under Order No. 2114397963 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A102™ – 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Document A201® – 2017 General Conditions of the Contract for Construction Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 1 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. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. for the following PROJECT: (Name and location or address) Anna Community Library and Anna Plaza 111 W Fifth Street, Anna, TX 75409 THE OWNER: (Name, legal status and address) City of Anna, Texas Ryan Henderson, Interim City Manager 120 W 7th St, Anna, TX 75409 THE ARCHITECT: (Name, legal status and address) BRW Architects 3535 Travis St #250 Dallas, TX 75204 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 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 2 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 3 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 4 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 5 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 6 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 7 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 8 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 9 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 10 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 11 § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 12 G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 13 § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 14 § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 15 § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 16 § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not 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 make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 17 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 how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 18 specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 19 § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 20 § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, 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 of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 21 ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 22 When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 23 § 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. 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. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 24 .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 25 § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 26 § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 27 .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 28 § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 29 § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 30 .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 31 promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 32 or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner’s Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 33 The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 34 § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 35 approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 36 § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 37 § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather 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. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 38 § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 39 § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 40 § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Additions and Deletions Report for AIA® Document A201® – 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:57:51 ET on 11/30/2023. Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 1 PAGE 1 Anna Community Library and Anna Plaza 111 W Fifth Street, Anna, TX 75409 … (Name, legal status and address) City of Anna, Texas Ryan Henderson, Interim City Manager 120 W 7th St, Anna, TX 75409 … BRW Architects 3535 Travis St #250 Dallas, TX 75204 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 18:57:51 ET on 11/30/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1647529070) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Phil M. Miller, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:57:51 ET on 11/30/2023 under Order No. 2114397963 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201™ – 2017, General Conditions of the Contract for Construction, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F # Years in business States licensed in # of Employees Work w/ GC forces Work in progress value Average annual volume last 5 years EMR (Experience Modification Rating) SITE BLDG TOTAL SITE TOTAL 01 GENERAL REQUIREMENTS 010000 GENERAL REQUIREMENTS 9,232 $ 251,810$ 261,042$ 40,694.27$ 40,694.27$ 02 SITE WORK 02100 DEMOLITION / ABATEMENT -$ -$ -$ -$ -$ 02800 FENCING -$ -$ -$ -$ -$ 02850 RETAINING WALLS -$ -$ -$ -$ -$ 03 CONCRETE 03300 CONCRETE 66,304$ 609,055$ 675,359$ 321,263.00$ 321,263$ 03300 ACCEPTED ALTERNATE #4/EARTHEN FORMWORK (77,510)$ (77,510)$ -$ 03400 POLISHED CONCRETE -$ -$ -$ -$ -$ 04 MASONRY 04200 MASONRY -$ 526,000$ 526,000$ -$ -$ 05 METALS 05100 STRUCTURAL STEEL -$ 2,121,246$ 2,121,246$ -$ -$ 05100 ACCEPTED ALTERNATE #1/WOOD LOOK DECK -$ 75,750$ 75,750$ -$ -$ 06 WOODS & PLASTICS 06100 ROUGH CARPENTRY -$ -$ -$ -$ -$ 06400 FINISH CARPENTRY / MILLWORK -$ 152,275$ 152,275$ -$ -$ 07 THERMAL & MOISTURE PROTECTION 07240 EXTERIOR INSULATED FINISH SYSTEM (EIFS) -$ -$ -$ -$ -$ 07400 METAL PANELS -$ 481,330$ 481,330$ -$ -$ 07500 ROOFING -$ 775,874$ 775,874$ -$ -$ 07900 WATERPROOFING / CAULKING & SEALANTS -$ 104,740$ 104,740$ -$ -$ 08 OPENINGS 08100 DOORS / FRAMES / HARDWARE -$ 178,981$ 178,981$ -$ -$ 08360 OVERHEAD DOORS -$ 46,500$ 46,500$ -$ -$ 08400 STOREFRONT / CURTAINWALL / GLASS & GLAZING -$ 825,330$ 825,330$ -$ -$ 09 FINISHES 09250 DRYWALL / ACOUSTICAL -$ 1,005,534$ 1,005,534$ -$ -$ 09250 ACCEPTED ALTERNATE #2/SOUND ABSORPTIVE PANELS -$ 16,698$ 16,698$ -$ -$ 09600 FLOORING -$ 393,845$ 393,845$ -$ -$ 09900 PAINTING -$ 199,945$ 199,945$ -$ -$ 10 SPECIALTIES 10100 STANDARD SPECIALTIES -$ 208,099$ 208,099$ -$ -$ 10140 SIGNAGE -$ 108,856$ 108,856$ 11,357.00$ 11,357$ 11 EQUIPMENT 11000 APPLIANCES & SCREENS -$ 20,259$ 20,259$ -$ -$ 12 FURNISHINGS 12240 WINDOW TREATMENTS -$ 79,404$ 79,404$ -$ -$ 12360 STONE CONTERTOPS -$ in #06400 Millwork -$ -$ -$ 13 SPECIAL CONSTRUCTION NOT APPLICABLE -$ -$ -$ -$ -$ Projected project duration (in months): $620,760,000 0.55 as of 11.01.23 24 years 13 states approximately 600 employees Safety management, jobsite maintenance, temporary weather protection, rough and finish carpentry, door/frame/hardware installation, hoisting, erosion control, light demolition, general cleanup, water pumping $588,429,000 GC NAME: Anna Community Library & Anna Plaza - Bid form Due November 13, 2023 McCOWNGORDON CONSTRUCTION, LLC - REVISED 11.30.23 LIBRARY SCOPE PLAZA SCOPE # 14 MONTHS # 14 OF MONTHS EXHIBIT ADocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F 14 CONVEYING SYSTEMS 14100 ELEVATORS -$ 256,720$ 256,720$ -$ -$ 21 FIRE SUPPRESSION 21000 FIRE SUPPRESSION, SPRINKLER, STANDPIPE SYS -$ 118,500$ 118,500$ -$ -$ 22 PLUMBING 22000 PLUMBING -$ 500,250$ 500,250$ -$ -$ 23 HVAC 23000 HEATING, VENTING, AND AIR CONDITIONING -$ 1,118,000$ 1,118,000$ -$ -$ 26 ELECTRICAL 26000 ELECTRICAL -$ 1,532,729$ 1,532,729$ 229,221.00$ 229,221$ 27 COMMUNICATIONS 27000 COMMUNICATIONS -$ 181,579$ 181,579$ -$ -$ 28 ELECTRONIC SAFETY AND SECURITY 28000 ELECTRONIC SAFETY AND SECURITY -$ 169,099$ 169,099$ -$ -$ 31 EARTHWORK 31200 EARTHWORK -$ 95,000$ 95,000$ 70,000.00$ 70,000$ 31310 TERMITE CONTROL -$ 1,400$ 1,400$ -$ -$ 31630 DRILLED PIERS -$ in #03300 Concrete -$ -$ -$ 32 EXTERIOR IMPROVEMENTS 32130 CONCRETE PAVING -$ in #03300 Concrete -$ -$ -$ 32170 PAVEMENT MARKINGS -$ -$ -$ -$ -$ 32840 LANDSCAPING & IRRIGATION 65,819 $ -$ 65,819$ 440,371.38$ 440,371$ 32840 ACCEPTED ALTERNATE #1/SYNTHETIC TURF -$ 219,725.00$ 219,725$ 32900 SITE SPECIALTIES 110,485 $ -$ 110,485$ 316,196.00$ 316,196$ 33 UTILITIES 33000 SITE UTILITIES 190,926$ -$ 190,926$ 302,948.00$ 302,948.00$ SUBTOTAL COST OF WORK LIBRARY BUILDING, LIBRARY SITE, PLAZA SITE 442,766$ 12,077,298$ 12,520,063$ 1,951,775.65$ 1,951,776$ GENERAL CONDITIONS GENERAL CONDITIONS 21,649 $ 590,530$ 612,179$ 95,433.75$ 95,434$ *GC CONTINGENCY 3,059$ 83,454$ 86,513$ 13,486.71$ 13,487$ 1.70% GL & BR INSURANCE 8,204 $ 223,768$ 231,972$ 36,162.47$ 36,162$ TWO-YEAR MAINTENANCE BOND in P&P Bond in P&P Bond in P&P Bond in P&P Bond in P&P Bond 0.95% P&P BOND 4,584$ 125,046$ 129,631$ 20,208.36$ 20,208$ 3.00% GC FEE 14,477$ 394,884$ 409,361$ 63,816.03$ 63,816$ BASE BID SUBTOTALS 494,739$ 13,494,980$ 13,989,719$ 2,180,882.97$ 2,180,882.97$ GRAND TOTAL LIBRARY SITE, LIBRARY BUILDING, PLAZA SITE 16,170,602 $ ALTERNATE #3/PREMANUFACTURED EQUIPMENT SCREEN - NOT ACCEPTED; NOT IN CONTRACT $ 261,800 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ANNA COMMUNITY LIBRARY AND ANNA PLAZA UNIT PRICING SUBMITTED BY McCOWNGORDON CONSTRUCTION LLC NOVEMBER 30, 2023 EXHIBIT B LIBRARY UNIT PRICING UNIT PRICE UNIT 1A UNIT PRICE 1A: ADDITIONAL PRICE PER LF OF THE TOTAL LENGTH OF 18" DIAMETER PIERS IN EXCESS OF THE ASSUMED QUANTITY FOR BID. 46$ LF 1B UNIT PRICE 1B: REDUCTION IN PRICE PER LF OF THE TOTAL LENGTH OF 18" DIAMETER PIERS LESS THAN THE ASSUMED QUANTITY FOR BID. (13)$ LF 1C UNIT PRICE 1C: ADDITIONAL PRICE PER LF OF THE TOTAL LENGTH OF 24" DIAMETER PIERS IN EXCESS OF THE ASSUMED QUANTITY FOR BID. 78$ LF 1D UNIT PRICE 1D: REDUCTION IN PRICE PER LF OF THE TOTAL LENGTH OF 24" DIAMETER PIERS LESS THAN THE ASSUMED QUANTITY FOR BID. (23)$ LF2 ADDITIONAL COST PER ADDED DATA DROP - CAT6 330$ EACH3 ADDITIONAL COST PER ADDED DEDICATED POWER OUTLET 1,650$ EACH 4ADDITIONAL COST PER ADDED CONVENIENCE POWER OUTLET 220$ EACH 5ADDITIONAL COST TO RELOCATE ELECTRICAL BOXES 330$ EACH 6-$ PLAZA UNIT PRICING UNIT PRICE UNIT1 AUTUMN GOLD GINKGO, 6" CAL. SEE PLANT SCHEDULED 4,395$ EACH2 CEDAR ELM, 3" CAL., SEE PLANT SCHEDULES 875$ EACH3 DESERT WILLOW, 45 GAL., SEE PLANT SCHEDULES 545$ EACH4 FAIRMONT GINKGO, 3" CAL., SEE PLAN SCHEDULES 1,925$ EACH5 KIDNEY WOOD, 15 GAL., SEE PLANT SCHEDULES 1,650$ EACH6 LACEBARK ELM, 5"., SEE PLANT SCHEDULES 875$ EACH7 SHANTUNG MAPLE, 4" CAL., SEE PLANT SCHEDULES 1,595$ EACH8 TONTO CRAPE MYRTLE, 45 GAL., SEE PLANT SCHEDULES 545$ EACH9 URBANITE ASH, 3" CAL., SEE PLANT SCHEDULES 1,045$ EACH 10 YAUPON HOLLY, 30 GAL., SEE PLANT SCHEDULES 325$ EACH 11 BOULDER 3, SEE HARDSCAPE PLANS AND DETAIL SHEET 765$ EACH 12 BOULDER 4, SEE HARDSCAPE PLANS AND DETAIL SHEET 765$ EACH 13 BOULDER 5, SEE HARDSCAPE PLANS AND DETAIL SHEET 765$ EACH 14 POT A, SEE HARDSCAPE PLANS AND DETAIL SHEET 1,161$ EACH 15 POT B, SEE HARDSCAPE PLANS AND DETAIL SHEET 1,161$ EACH 16 POT C, SEE HARDSCAPE PLANS AND DETAIL SHEET 1,161$ EACH LIBRARY UNIT PRICING PLAZA UNIT PRICING DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ID TaskModeTask Name Duration Start Finish0Anna Library349 daysFri 9/22/23Fri 4/18/251 Project Milestones320 daysTue 11/28/23Fri 3/7/252 Construction Milestones320 daysTue 11/28/23Fri 3/7/253 Notice of Award0 daysTue 11/28/23Tue 11/28/234 Mobilize0 daysMon 1/8/24Mon 1/8/245 Foundation Complete0 daysTue 4/9/24Tue 4/9/246 Structure Complete0 daysMon 8/5/24Mon 8/5/247 Envelope Complete0 daysTue 8/20/24Tue 8/20/248 Building Dry-In0 daysTue 8/20/24Tue 8/20/249 Site Complete0 daysMon 11/25/24Mon 11/25/2410 Permanent Power0 daysMon 12/2/24Mon 12/2/2411 Environmental Controls Running0 daysMon 12/16/24Mon 12/16/2412 Commissioning Complete0 daysMon 12/16/24Mon 12/16/2413 60 Day Closeout60 daysTue 12/10/24Fri 3/7/2514 Substantial Completion0 daysFri 3/7/25Fri 3/7/2515 Project Complete0 daysFri 3/7/25Fri 3/7/2516 Pre-Award (Owner and Regulatory Activities)0 daysWed 12/6/23Wed 12/6/2318 Design1 dayMon 9/25/23Mon 9/25/2321 Pre-Construction41 daysMon 11/13/23Tue 1/16/2422 Construction Documents Bid & Award41 daysMon 11/13/23Tue 1/16/2423GC Proposal Due1 dayMon 11/13/23Mon 11/13/2324GC Proposal Review 3 daysTue 11/14/23Thu 11/16/2311/28 Notice of Award1/8 Mobilize4/9 Foundation Complete8/5 Structure Complete8/20 Envelope Complete8/20 Building Dry-In11/25 Site Complete12/2 Permanent Power12/16 Environmental Controls Running12/16 Commissioning Complete 60 Day Closeout3/7 Substantial Completion3/7 Project Complete12/6 Pre-Award (Owner and Regulatory Activities)GC Proposal DueGC Proposal Review JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023Qtr 1, 2024Qtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025Qtr 3, 2025Qtr 4, 2025 Anna Library Thu 11/30/23Page: 1/8EXHIBIT CDocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ID TaskModeTask Name Duration Start Finish25GC Interview 1 dayFri 11/17/23Fri 11/17/2326GC Selection 1 dayTue 11/28/23Tue 11/28/2327City Council Approval 0 daysTue 12/12/23Tue 12/12/2328Contract Review 6 daysWed 11/29/23Wed 12/6/2329NOI to GC 1 dayFri 12/15/23Fri 12/15/2330GC Contract Execution 0 daysFri 12/15/23Fri 12/15/2331NTP0 daysFri 12/15/23Fri 12/15/2332Site Survey and Layout15 daysMon 12/18/23Tue 1/16/2433 Permitting31 daysFri 9/22/23Fri 11/3/2334Building Permit 31 daysFri 9/22/23Fri 11/3/2335 Procurement215 daysFri 12/15/23Tue 10/22/2436 TP Bid/Award0 daysFri 12/15/23Fri 12/15/2337Steel Design/Fab/Erection0 daysFri 12/15/23Fri 12/15/2338Early Electrical 0 daysFri 12/15/23Fri 12/15/2339Earthwork & Excavation0 daysFri 12/15/23Fri 12/15/2340Concrete 0 daysFri 12/15/23Fri 12/15/2341Fire Protection 0 daysFri 12/15/23Fri 12/15/2342All Trade Partners 0 daysFri 12/15/23Fri 12/15/2343 Submittals15 daysMon 12/18/23Wed 1/10/2444Steel Design/Fab/Erection - Embed Steel and Anchor Bolts15 daysMon 12/18/23Wed 1/10/2445Storm Structures 15 daysMon 12/18/23Wed 1/10/24GC Interview GC Selection 12/12City Council Approval Contract Review NOI to GC 12/15GC Contract Execution 12/15NTPSite Survey and LayoutBuilding Permit 12/15 TP Bid/Award12/15Steel Design/Fab/Erection12/15Early Electrical 12/15Earthwork & Excavation12/15Concrete 12/15Fire Protection 12/15All Trade Partners Steel Design/Fab/Erection - Embed Steel and Anchor BoltsStorm Structures JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023Qtr 1, 2024Qtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025Qtr 3, 2025Qtr 4, 2025 Anna Library Thu 11/30/23Page: 2/8DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ID TaskModeTask Name Duration Start Finish46Concrete & Reinforcing Steel 15 daysMon 12/18/23Wed 1/10/2447Underground Pipe 10 daysMon 12/18/23Wed 1/3/2448Fire Protection 15 daysMon 12/18/23Wed 1/10/2449Electrical15 daysMon 12/18/23Wed 1/10/2450Casework15 daysMon 12/18/23Wed 1/10/2451RTU15 daysMon 12/18/23Wed 1/10/2452Glazing & Storefronts 15 daysMon 12/18/23Wed 1/10/2453Doors & Frames 15 daysMon 12/18/23Wed 1/10/2454Roofing 15 daysMon 12/18/23Wed 1/10/2455 BIM Coordination1 dayTue 2/6/24Tue 2/6/2456 (Area/Location if Needed)1 dayTue 2/6/24Tue 2/6/2457 Add Task Name Here (Coordinatewith VDC)1 dayTue 2/6/24Tue 2/6/2458 Shop Drawings65 daysMon 12/18/23Thu 3/21/2459Steel Design/Fab/Erection50 daysThu 1/11/24Thu 3/21/2460Initial Submission - SEQUENCE 1 SOUTH20 daysThu 1/11/24Thu 2/8/2461Sequence 1 South Review and Approval10 daysFri 2/9/24Thu 2/22/24622nd Submission - SEQUENCE 2 NORTH20 daysFri 2/9/24Thu 3/7/2463Sequence 2 Review and Approval10 daysFri 3/8/24Thu 3/21/2464Storm Stuctures 15 daysMon 12/18/23Wed 1/10/2465Concrete & Reinforcing Steel 15 daysMon 12/18/23Wed 1/10/2466Fire Protection 25 daysMon 12/18/23Thu 1/25/24Concrete & Reinforcing Steel Underground Pipe Fire Protection ElectricalCaseworkRTUGlazing & Storefronts Doors & Frames Roofing Add Task Name Here (Coordinate with VDC)Initial Submission - SEQUENCE 1 SOUTHSequence 1 South Review and Approval2nd Submission - SEQUENCE 2 NORTHSequence 2 Review and ApprovalStorm Stuctures Concrete & Reinforcing Steel Fire Protection JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023Qtr 1, 2024Qtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025Qtr 3, 2025Qtr 4, 2025 Anna Library Thu 11/30/23Page: 3/8DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ID TaskModeTask Name Duration Start Finish67Electrical20 daysMon 12/18/23Thu 1/18/2468Casework20 daysMon 12/18/23Thu 1/18/2469Glazing & Storefronts 20 daysMon 12/18/23Thu 1/18/2470Doors & Frames 20 daysMon 12/18/23Thu 1/18/2471Roofing 15 daysMon 12/18/23Wed 1/10/2472 Fabrication/Delivery205 daysThu 1/4/24Tue 10/22/2473LOI Early Electrical200 daysThu 1/11/24Tue 10/22/2474Steel Fabrication - SEQUENCE 1 - SOUTH40 daysFri 2/23/24Thu 4/18/2475Steel Fabrication - SEQENCE 2 - NORTH40 daysFri 3/22/24Thu 5/16/2476Storm Structures 40 daysThu 1/11/24Thu 3/7/2477Concrete & Reinforcing Steel 15 daysThu 1/11/24Thu 2/1/2478Underground Pipe 15 daysThu 1/4/24Thu 1/25/2479Fire Protection 20 daysFri 1/26/24Thu 2/22/2480Casework60 daysFri 1/19/24Thu 4/11/2481RTU110 daysThu 1/11/24Fri 6/14/2482Glazing & Storefronts 45 daysFri 1/19/24Thu 3/21/2483Doors & Frames 50 daysFri 1/19/24Thu 3/28/2484Roofing 70 daysThu 1/11/24Thu 4/18/2485 Construction295 daysMon 1/8/24Fri 3/7/2586Quality1 dayTue 2/6/24Tue 2/6/2488 Site227 daysMon 1/8/24Mon 11/25/2489Mobilization 18 daysMon 1/8/24Mon 2/5/24ElectricalCaseworkGlazing & Storefronts Doors & Frames Roofing LOI Early ElectricalSteel Fabrication - SEQUENCE 1 - SOUTHSteel Fabrication - SEQENCE 2 - NORTHStorm Structures Concrete & Reinforcing Steel Underground Pipe Fire Protection CaseworkRTUGlazing & Storefronts Doors & Frames Roofing JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023Qtr 1, 2024Qtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025Qtr 3, 2025Qtr 4, 2025 Anna Library Thu 11/30/23Page: 4/8DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ID TaskModeTask Name Duration Start Finish90Set Trailer & Temp Power 18 daysMon 1/8/24Mon 2/5/2491 Temporary Needs194 daysThu 1/18/24Mon 11/25/2492 Temporary Water2 daysThu 1/18/24Fri 1/19/2493 Temporary Power2 daysThu 1/18/24Fri 1/19/2494 Temporary Access Roads2 daysThu 1/18/24Fri 1/19/2495Earthwork 20 daysMon 1/22/24Tue 2/20/2496Clearing & Grubbing 10 daysMon 1/22/24Fri 2/2/2497Pad Development/Moisture Conditioning15 daysMon 1/29/24Tue 2/20/2498 Utilities167 daysThu 2/22/24Thu 11/14/2499Underground Plumbing/Electrical12 daysThu 2/22/24Mon 3/11/24100Main Electrical Switchgear & Transformers 15 daysThu 10/24/24Thu 11/14/24101Storm Sewer Mains 13 daysFri 3/8/24Thu 3/28/24102Sanitary Sewer Mains 10 daysFri 3/29/24Fri 4/12/24103Water Service 4 daysMon 4/15/24Fri 4/19/24104 Hardscape49 daysTue 9/3/24Mon 11/18/24105Curb & Gutter 9 daysTue 9/3/24Mon 9/16/24106Paving11 daysTue 9/17/24Wed 10/2/24107Sidewalks 12 daysThu 10/3/24Tue 10/22/24108Plaza Concrete 17 daysThu 10/24/24Mon 11/18/24109 Landscape20 daysThu 10/24/24Mon 11/25/24Set Trailer & Temp Power Temporary Water Temporary Power Temporary Access RoadsClearing & Grubbing Pad Development/Moisture ConditioningUnderground Plumbing/ElectricalMain Electrical Switchgear & Transformers Storm Sewer Mains Sanitary Sewer Mains Water Service Curb & Gutter PavingSidewalks Plaza Concrete JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023Qtr 1, 2024Qtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025Qtr 3, 2025Qtr 4, 2025 Anna Library Thu 11/30/23Page: 5/8DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ID TaskModeTask Name Duration Start Finish110Irrigation & Landscaping 20 daysThu 10/24/24Mon 11/25/24111 Foundations83 daysThu 2/22/24Tue 6/18/24112Drilled Piers 10 daysThu 2/22/24Thu 3/7/24113Install Drilled Piers 10 daysThu 2/22/24Thu 3/7/24114North61 daysTue 3/12/24Tue 6/18/24115Footings 15 daysTue 3/12/24Thu 4/4/24116Elevator Pit Walls10 daysFri 4/5/24Fri 4/19/24117Set Up Slab7 daysMon 4/22/24Tue 4/30/24118Slab on Grade North14 daysWed 5/1/24Thu 5/23/24119CMU Shaft Walls15 daysFri 5/24/24Tue 6/18/24120South25 daysMon 3/18/24Wed 4/24/24121Footings 15 daysMon 3/18/24Tue 4/9/24122Slab on Grade South14 daysThu 4/4/24Wed 4/24/24123 Structure66 daysThu 5/2/24Mon 8/5/24124Sequence 1 - SOUTH40 daysThu 5/2/24Mon 7/8/24125Erect Steel SOUTH40 daysThu 5/2/24Mon 7/8/24126Sequence 2 - NORTH40 daysMon 6/3/24Mon 8/5/24127Erect Steel NORTH40 daysMon 6/3/24Mon 8/5/24128 Enclosure61 daysThu 6/6/24Fri 8/30/24129 Envelope55 daysThu 6/6/24Fri 8/30/24130 Building Skin55 daysThu 6/6/24Fri 8/30/24131Exterior Finishes 55 daysThu 6/6/24Fri 8/30/24Irrigation & Landscaping Install Drilled Piers Footings Elevator Pit WallsSet Up SlabSlab on Grade NorthCMU Shaft WallsFootings Slab on Grade SouthErect Steel SOUTHErect Steel NORTHExterior Finishes JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023Qtr 1, 2024Qtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025Qtr 3, 2025Qtr 4, 2025 Anna Library Thu 11/30/23Page: 6/8DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ID TaskModeTask Name Duration Start Finish132Install Glazing & Storefronts 25 daysThu 7/25/24Fri 8/30/24133 Roof28 daysTue 7/9/24Tue 8/20/24134South 10 daysTue 7/9/24Tue 7/23/24135Install Roof South10 daysTue 7/9/24Tue 7/23/24136North10 daysTue 8/6/24Tue 8/20/24137Install Roof North10 daysTue 8/6/24Tue 8/20/24138 Rough-In66 daysWed 8/28/24Mon 12/2/24139 Overhead 40 daysFri 8/30/24Fri 10/25/24140All Overhead 40 daysFri 8/30/24Fri 10/25/24141In-wall 35 daysWed 8/28/24Wed 10/16/24142 All In-wall 35 daysWed 8/28/24Wed 10/16/24143Permanant Power 10 daysFri 11/15/24Mon 12/2/24144Set Gear & Pull Wire10 daysFri 11/15/24Mon 12/2/24145Utility Transformer Required Date0 daysMon 12/2/24Mon 12/2/24146 Finishes151 daysWed 7/24/24Fri 2/28/25147South131 daysWed 7/24/24Fri 1/31/25148Interior Buildout - South131 daysWed 7/24/24Fri 1/31/25149 North 131 daysWed 8/21/24Fri 2/28/25150Interior Buildout - North131 daysWed 8/21/24Fri 2/28/25151Fixturing 20 daysFri 1/31/25Thu 2/27/25152Electrical & Plumbing Devicing & Fixturing 20 daysFri 1/31/25Thu 2/27/25153 Close Out65 daysTue 12/3/24Fri 3/7/25Install Glazing & Storefronts Install Roof SouthInstall Roof NorthAll Overhead All In-wall Set Gear & Pull Wire12/2Utility Transformer Required DateInterior Buildout - SouthInterior Buildout - NorthElectrical & Plumbing Devicing & Fixturing JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023Qtr 1, 2024Qtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025Qtr 3, 2025Qtr 4, 2025 Anna Library Thu 11/30/23Page: 7/8DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ID TaskModeTask Name Duration Start Finish154Mechanical Start-up10 daysTue 12/3/24Mon 12/16/24155Commissioning 10 daysTue 12/3/24Mon 12/16/24156Punchlist 20 daysMon 2/10/25Fri 3/7/25157 Owner Activities30 daysMon 3/10/25Fri 4/18/25158Owner Move-in 30 daysMon 3/10/25Fri 4/18/25159Library Go Live Date0 daysFri 4/18/25Fri 4/18/25160 Weather Days237 daysThu 12/7/23Tue 12/31/24Mechanical Start-upCommissioning Punchlist Owner Move-in 4/18Library Go Live DateJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2023Qtr 2, 2023Qtr 3, 2023Qtr 4, 2023Qtr 1, 2024Qtr 2, 2024Qtr 3, 2024Qtr 4, 2024Qtr 1, 2025Qtr 2, 2025Qtr 3, 2025Qtr 4, 2025 Anna Library Thu 11/30/23Page: 8/8DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F CITY OF ANNA, TEXAS BID, SPECIFICATION, AND CONTRACT DOCUMENTS FOR TWO PROJECTS: 1- Anna Community Library: Approximately 32,500 sf two (2) story building and the 2- Anna Plaza: approximately 75,000 square feet of outdoor landscaping with children’s playground and other amenities. THE CITY OF ANNA WILL AWARD THE TWO REFERENCED ABOVE PROJECTS TO ONE GENERAL CONTRACTOR. EXHIBIT D DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F i TABLE OF CONTENTS INVITATION TO BID ....................................................................................................... 1 NOTICE TO BIDDERS .................................................................................................... 3 Section 1. BIDS: ........................................................................................................ 3 Section 2. CONTRACT DOCUMENTS: .................................................................... 4 Section 3. PLANS FOR USE BY BIDDER: ............................................................... 4 Section 4. TIME AND ORDER FOR COMPLETION: ................................................ 4 Section 5. TWO-YEAR MAINTENANCE BOND: ....................................................... 5 Section 6. PLANS FOR THE CONTRACTOR: .......................................................... 5 Section 7. PREPARATION OF PROPOSAL: ............................................................ 5 Section 8. BID SECURITY: ....................................................................................... 6 Section 9. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT 6 Section 10. TIME OF COMPLETION AND LIQUIDATED DAMAGES ........................ 6 Section 11. PERFORMANCE AND PAYMENT BONDS: ............................................ 7 Section 12. BIDDER’S KNOWLEDGE OF CONDITIONS: .......................................... 7 Section 13. AWARD OF CONTRACT: ........................................................................ 7 Section 14. PROTECTION OF THE PUBLIC: ............................................................. 8 Section 15. AFFIDAVIT AGAINST PROHIBITED ACTS: ............................................ 9 Section 16. ENGINEER: .............................................................................................. 9 Section 17. AMERICAN DISABILITIES ACT: .............................................................. 9 Section 18. MISCELLANEOUS ................................................................................... 9 QUALIFICATION STATEMENT OF BIDDERS ............................................................. 12 QUALIFICATION STATEMENT OF BIDDER'S SURETY ............................................. 16 PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNA, TEXAS 17 VENDORS COMPLIANCE TO STATE LAW ................................................................. 19 CONFLICT OF INTEREST QUESTIONNAIRE ............................................................. 20 AFFIDAVIT AGAINST PROHIBITED ACTS .................................................................. 22 PROPOSAL AND BID FORM ....................................................................................... 23 REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX ................................................................................................ 29 CONTRACT AGREEMENT ........................................................................................... 30 Section 1. DOCUMENTS INCORPORATED BY REFERENCE .............................. 31 BIDDER’S BOND .......................................................................................................... 32 PERFORMANCE BOND ............................................................................................... 34 PAYMENT BOND.......................................................................................................... 36 MAINTENANCE BOND ................................................................................................. 38 CERTIFICATE OF INSURANCE ................................................................................... 40 NOTICE TO PROCEED ................................................................................................ 43 CHANGE ORDER ......................................................................................................... 44 SUPPLEMENTARY GENERAL PROVISIONS AND TECHNICAL SPECIFICATIONS . 45 Section 1. SUPPLEMENTARY GENERAL PROVISIONS ...................................... 45 Section 2. TECHNICAL SPECIFICATIONS ............................................................ 58 RFP - SITE LOGISTICS PLAN ..................................................................................... 61 RFP - PROJECT SCHEDULE ....................................................................................... 62 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Page 1 of 64 INVITATION TO BID The City of Anna is soliciting competitive sealed bids (also referenced herein sometimes as “bids” or “proposals”) for the construction of the following project: ANNA COMMUNITY LIBRARY & ANNA PLAZA This project generally includes furnishing all labor, material, and equipment and performing all work required for the construction of both the Anna Community Library and Anna Plaza. The intention is to award both projects to one (1) General Contractor. The Anna Community Library is approximately 32,500 SF two-story steel frame structure. The design incorporates two distinct building designs connected by the interior lobby on the first floor, and interior bridge connection on the second floor. The Main Library (north building) includes the main library function spaces such as the stacking area and administrative offices. The Event Building (south building) consists of the multipurpose room, Arts & Crafts, and Makerspace. The Anna Plaza scope consists of approximately 75,000 SF of landscaping and exterior amenities such as the children’s playground, lighting, seating areas, and a Veteran’s Tribute. Proposals must be submitted both via Ion-Wave and in-person at the Anna City Hall City Council Chambers of Anna City Hall, located at 120 W. 7th Street, Anna, TX 75409, no later than the proposal submission deadline of 2:00 P.M., Monday, November 13, 2023. Plans, specifications, and bidding documents may be downloaded from www.ionwave.net starting Thursday, October 26th, 2023. Bidding documents downloaded from plan rooms or third-party websites shall be at the Proposer’s sole risk. No guarantee of receipt of addenda or clarifications will be made for third-party downloads. Contact Alma Zamora, with Project Advocates via email at alma@project-advocates.com or phone (214) 924- 8105, with general bidding questions. Bidders must submit a cashier’s check, certified check, or acceptable bidder’s bond with their bid as a guarantee that the Bidder will enter into a contract for the project with the Owner within (10) days of Notice of Award of the contract. The security must be payable to the City of Anna in the amount of five percent (5%) of the bid submitted. The contractor must execute the contract, bonds, and certificates of insurance on the forms provided in the Plans and specifications. Contractors for this project must pay no less than the prevailing wage rates for the area established by the Owner and included in the plans and specifications. In accordance with Texas Gov’t Code Sec. 2253.021, the successful bidder will be required to furnish a performance bond in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and a payment bond in the amount of 100% of the total DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F contract price in the event that said contract price exceeds $25,000. If the contract price does not exceed these amounts, the respective statutory bonds will not be required. It shall be each bidder's responsibility to inspect the site of the work and to become fully informed regarding all local conditions under which the work for this project is to be done. The City reserves the right to reject any and all bids. CITY OF ANNA, TEXAS DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F NOTICE TO BIDDERS Section 1. BIDS: 1.01 Competitive sealed bids (also referenced herein sometimes as “bids” or “proposals”) must be delivered to the attention of Project Advocates, Alma Zamora via annatexas.ionwave.net and in-person at the City Council Chambers of the Anna City Hall, located at 120 W. 7th Street, Anna, TX 75409, no later than the proposal submission deadline of Monday, November 13, 2023, at 2:00pm. Any proposals received after the specified time will not be accepted. Proposals are requested for the following two projects, funded by different sources, to be awarded to one General Contractor. Anna Community Library: New construction of a two-story library, approximately 32,500sf, with administration and multipurpose spaces. The site will be developed in conjunction with the Anna Plaza Landscaping project. Anna Plaza: The Anna Plaza will serve as the Downtown gathering area for the community and is located directly west of the library and north of the Anna City Hall. The Anna Plaza is approximately 75,000 square feet of landscaping and outdoor spaces, including planting beds, a butterfly garden, hammock area, plating pots, a Veteran’s Tribute area, decorative lighting, a children’s playground, and other amenities. A. Reference Sheet G1.3 in the City of Anna Community Library and Sheet G1.01 in the City of Anna Plaza Construction Documents for General Scope. B. Reference Site Logistics Plan and summary for information of the adjacent Right-of-way work that will be occurring concurrently. C. The Architect of Record is BRW Architects, the Interior Architect and Library Consultant is 720 Design. D. Bidders should not contact the design team nor City of Anna directly. Project Advocates is the Owner’s Representative. All questions should be directed to Project Advocates. E. The Bidding Schedule is as follows: 1. Bid Advertisement Posted – 10/26/23 2. Bid Documents Posted – 10/26/23 via ionwave.net 3. Bid Proposals due – 11/13 at 2:00pm via Ionwave and in-person at the City Council Chambers of the Anna City Hall, located at 120 W. 7th Street, Anna, TX 75409 4. GC Interview(s) – tentatively scheduled for the week of 11/13 5. GC Selection – 11/20 6. City Council Approval – 12/12 7. Notice to Proceed – 12/15 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F 1.02 Proposals shall be on the form provided for that purpose and shall be enclosed in two sealed envelopes, one within the other, each clearly marked so as to guard against opening prior to the time set therefore. The bidder shall also be responsible for placing the bidder’s firm/entity name on the outside of both such proposal envelopes. The original proposal shall be provided. Proposals which are incomplete, unbalanced, conditional, obscure, or which contain additions not called for, alterations or irregularities of any kind, or which do not comply with the Contract Documents may be rejected at the option of the Owner. 1.03 Each bid shall be signed on behalf of the individual, partnership or corporation making the proposal, by the person or persons legally authorized to sign the bid document and thereby bind the maker in full responsibility therefor. The address of the individual, partnership or corporation shall be included and, upon demand, the names and addresses of all members of a partnership or the corporate officers of a corporation shall be made known. 1.04 All questions regarding the bidding process and the submission of proposals shall be directed to Project Advocates, Alma Zamora via ionwave. Section 2. CONTRACT DOCUMENTS: 2.01 All work associated with these projects shall be done in accordance with contract documents described in the Contract Agreement and provided modified AIA contracts. 2.02 Due to different funding sources Construction Documents have been separated for the Anna Community Library and the Anna Plaza. The Contractor should download and bid on both sets of documents. The two projects will be awarded to one General Contractor in one construction contract. 2.03 All bidders shall be thoroughly familiar with all the requirements set forth on the contract documents for the construction of the two projects and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. Section 3. PLANS FOR USE BY BIDDER: It is the intent of the City of Anna that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be downloaded without charge as noted in the Invitation to Bid. Section 4. TIME AND ORDER FOR COMPLETION: 4.01 The construction covered by the contract documents shall be fully complete within a mutually agreed upon timeframe, from the date specified in the Notice to Proceed issued by the City of Anna to the successful bidder. 4.02 The Contractor will be permitted to prosecute the work in the order of his own choosing, within reason and with consideration to the adjacent Right of Way work that will be occurring concurrently. The Contractor will be required to submit a monthly progress schedule of the overall work contemplated by the contract documents, as well as updated 4-6 week ‘look ahead’ schedules every week during the weekly OAC meetings. In the event that the city or DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F the City’s Project Manager determine the progress of the work is not in accordance with the progress schedule so submitted, the City, or their representative, may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. Section 5. TWO-YEAR MAINTENANCE BOND: Contractor shall furnish the City of Anna with a maintenance bond to guarantee against defects in the construction or equipment, for all work furnished under the project for two years following acceptance. The bond shall be executed by a surety company holding a license to do business in the State of Texas and acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the original contract price. Subsequently, and at the option of the City, the successful bidder may be required to furnish an additional maintenance bond or a replacement bond in an amount such that all maintenance bond(s) furnished hereunder equal the adjusted price of the contract based on change orders. Section 6. PLANS FOR THE CONTRACTOR: The Contractor will be responsible for printing the specifications, and related contract documents for his use during construction. The Contractor will be required to always maintain City approved contract documents onsite. The Contractor shall provide access to plans and specifications to suppliers, subcontractors, or others, via an agreed upon Project Management Software, as required for proper prosecution of the work contemplated by the Contractor. Section 7. PREPARATION OF PROPOSAL: 7.01 The bidder shall submit his proposal on forms furnished by the City and Project Advocates. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in numerals, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. 7.02 The successful bidder is required to provide segregated amounts for cost of labor and other services from materials and other tangible personal property to be ultimately consumed in this project. 7.03 If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Where applicable, Powers of Attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. 7.04 The proposal shall be executed in ink. Each proposal shall be submitted online via Ionwave and enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F a) Bidder's name. b) Proposal for: Anna Community Library and Anna Plaza Projects 7.05 Bid proposals may be withdrawn and resubmitted at any time, (if allowable by ionwave, Contractor responsible for verifying) prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 7.06 All bidders must supply the following with their bids: a) Qualification Statement of Bidders. b) Qualification Statement of Bidder's Surety. c) Construction schedule to include both the Library and the Plaza d) Current financial statement. e) Objections, if any, to the provided modified AIA 102-2017 and AIA A201-2017 contracts, which will be executed with the selected bidder. If no objections are provided, the selected bidder will be agreement with all of the terms in the modified AIA contracts. f) Proposed Staff with Resumes g) Company Organizational Chart h) Relevant Company References Section 8. BID SECURITY: Each bid must be accompanied by an approved bidder's bond made payable to the owner in an amount of five (5%) percent of the largest possible total of the bid as a guarantee that, if awarded the contract, the bidder shall enter a contract and execute all necessary bonds. Section 9. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure to execute and deliver the contract and bonds required within 10 business days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the bid bond amount and any other security deposited with the bidder’s proposal. Section 10. TIME OF COMPLETION AND LIQUIDATED DAMAGES Bidders must agree to commence work on or before a date to be specified in a written “Notice to Proceed” of the Owner and to fully complete the project within the specified agreed upon time. Bidder must agree to pay liquidated damages as required in the contract documents for failure to timely commence work or complete the project. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Section 11. PERFORMANCE AND PAYMENT BONDS: Performance and payment bonds are in the amount of not less than one hundred percent (100%) of the contract price conditioned upon the faithful performance of the contract, and upon payment of all persons supplying labor or furnishing materials, will be required upon the forms which are a part of the Contract Documents. Bonds shall be executed by a surety company authorized to do business in the State of Texas and must have a registered Agent for Service located in the State of Texas. Owner shall approve bonds as to form. The Owner may, in its discretion, reject a surety it believes unacceptable; a failure to reject a surety who is unacceptable or fails to perform its obligations shall incur no liability to Owner. Section 12. BIDDER’S KNOWLEDGE OF CONDITIONS: Prior to submission of a proposal, bidders shall have made a thorough inspection of the site of the work and a thorough examination of the plans and specifications and shall become informed as to the nature of the work, labor conditions, and all other matters that may affect the cost and time of completion of the work. Section 13. AWARD OF CONTRACT: 13.01 It is the intent of the City of Anna that this project be completed as quickly and economically as is feasible. A tabulation of the bids received will be prepared for consideration by the City Council. 13.02 Award may be made either to the lowest responsible bidder or the bidder who provides goods or services at the best value for the City. No conditional bids will be accepted. The successful bidder must submit both base and alternate base bids. Unless the bids are unreasonably high and/or the Owner rejects all bids, the Owner intends to award the contract promptly on the basis of the following: _____ Lowest Responsible Bidder, or __x___Bidder who provides goods or services at the best value for the City, based on the following marked factors with the corresponding values: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Section 15. AFFIDAVIT AGAINST PROHIBITED ACTS: It shall be the successful bidder's responsibility to complete an affidavit against prohibited acts, on a form contained as part of the Contract Documents, prior to execution of the contract by the City of Anna. Failure to complete this form may prohibit the Contractor's ability to secure the contract. Section 16. ENGINEER: The term "Engineer" shall refer to the City Engineer or his authorized representative. Section 17. AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990"." Section 18. MISCELLANEOUS 18.01 Proposals received in the City of Anna after submission deadline will be considered void and unacceptable. The City of Anna is not responsible for lateness or non-delivery of software application. 18.02 A proposal may not be withdrawn or canceled by the bidder without the permission of the City for a period of sixty (60) days following the date designated for the receipt of proposals, and bidder so agrees upon submittal of their proposal. 18.03 The City of Anna is exempt by law from payment of Texas State Sales Tax and Federal Excise Tax. Bidder shall include any sales taxes from concession sales of taxable items on City property in the total price of the sale and shall be responsible to report and pay such taxes in a timely manner. 18.04 No oral statement of any individual shall modify or otherwise change, or affect the terms, conditions or Specifications stated in the resulting Contract Agreement. All Change Orders to the Contract Agreement will be made in writing by approval of the City Manager or his agent. 18.05 If during the life of the Contract Agreement, the successful bidder’s net prices to other customers for items awarded herein are reduced below the Contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City of Anna. 18.06 All delivery and freight charges (F.O.B. City of Anna) are to be included in the proposal price. 18.07 Proposals shall show the number of days required to achieve Substantial Completion of the Project. Failure to state delivery time may cause the proposal to be rejected. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F 18.08 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Anna not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 18.09 The bidder shall not offer or accept gifts of anything of value nor enter into any business arrangement with any employee, official or agent of the City of Anna. 18.10 Proposals must comply with all federal, state, county, and local laws concerning these types of service(s). 18.11 Design, strength, quality of materials must conform to the highest standards of manufacturing and engineering practice. 18.12 All items supplied against credit must be new and unused, unless otherwise specified, in first-class condition and of current manufacturer. 18.13 Inspections of the project work will be made by the City or its independent contractors to ensure compliance with all applicable laws and regulations, and the specifications of this project. 18.14 Successful bidder shall defend, indemnify and save harmless the City of Anna and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any Contract which may result from proposal award. Successful bidder indemnifies and will indemnify and save harmless the City from liability, claim or demand on their part, agents, servants, customers, and/or employees whether such liability, claim or demand arise from event or casualty happening or within the occupied premises themselves or happening upon or in any of the halls, elevators, entrances, stairways or approaches of or to the facilities within which the occupied premises are located. Successful bidder shall pay any judgment with costs which may be obtained against the City growing out of such injury or damages. In addition, successful bidder shall obtain and file with Owner City of Anna a Standard Certificate of Insurance and applicable policy endorsement evidencing the required coverage and naming the owner City of Anna as an additional insured on the required coverage. Each insurance policy to be furnished by successful bidder shall include, by endorsement to the policy, a statement that a notice shall be given to the City of Anna by Certified Mail thirty (30) days prior to cancellation or upon any material change in coverage. 18.15 Successful Bidder shall pay or cause to be paid, without cost or expense to the City of Anna, all Social Security, Unemployment and Federal Income Withholding Taxes of all DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F such employees and all such employees shall be paid wages and benefits as required by Federal and/or State Law. 18.16 Specifications and model numbers are for description only. Bidder may propose on description only. Bidder may propose on alternate model but must clearly indicate alternate model being proposed. Bidder must enclose full descriptive literature on alternate item(s). The City of Anna and Project Advocates will determine if alternates are acceptable on a case by case scenario. 18.17 The apparent silence of specifications as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of specifications shall be made on the basis of this statement. ANY QUESTIONS concerning the Invitation for Bids and Notice to Bidders should be directed to: Alma Zamora Project Advocates alma@project-advocates.com 214-924-8105 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: __________________________________________________________ Date Received: _________________________________________________________ CONTRACTOR: ________________________________________________________ CIRCLE ONE: Sole Proprietor Partnership Corporation Joint Venture NAME: _________________________ PARTNER: ______________________ ADDRESS: _____________________ ADDRESS: ______________________ CITY: __________________________ CITY: ___________________________ PHONE: ________________________ PHONE: ________________________ PRINCIPAL PLACE OF BUSINESS: PRINCIPAL PLACE OF BUSINESS: ______________________________ ________________________________ COUNTY STATE COUNTY STATE IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: STATE OF INCORPORATION: ____________________________________________ LOCATION OF PRINCIPAL OFFICE: _______________________________________ CONTACT PERSONS AT OFFICE: _________________________________________ PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: NAME: _______________________ ADDRESS: ______________________ TITLE: _______________________ ________________________________ CITY STATE ZIP PHONE: ______________________ NAMES OF OFFICERS: (IF APPLICABLE) ___________________________________ ______________________________________________________________________ LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: _______________ LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USE ATTACHMENT) NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR TO THIS PROJECT: _____________________________________________ TYPE(S) OF WORK DONE: (CIRCLE) Municipal Projects Storm Sewer Water & Sanitary Sewer Lines Library Projects Community Projects Steel Erection Plaza Projects Children’s Playground Earth Formed Grade Beams Landscaping City Downtown Projects Public Facilities Audio Visual Low Voltage Public Facilities (list types): ________________________________________________ _______________________________________________________________________ DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Other: _________________________________________________________________ COMMENTS: __________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT: PROJECT: ____________________________________________________________ OWNER/ARCHITECT: ____________________________________________________ YEAR BUILT: ______________ CONTRACT PRICE: __________________________ CONTACT PERSON: _______________________ PHONE: ___________________ PROJECT: ____________________________________________________________ OWNER/ARCHITECT: ____________________________________________________ YEAR BUILT: ______________ CONTRACT PRICE: _________________________ CONTACT PERSON: _______________________ PHONE: ___________________ PROJECT: ____________________________________________________________ OWNER/ENGINEER: ____________________________________________________ YEAR BUILT: ______________ CONTRACT PRICE: _________________________ CONTACT PERSON: _______________________ PHONE: ___________________ PROJECT: ____________________________________________________________ OWNER/ENGINEER: ____________________________________________________ YEAR BUILT: ______________ CONTRACT PRICE: _________________________ CONTACT PERSON: _______________________ PHONE: ___________________ (USE ATTACHMENTS IF NECESSARY) LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT LISTED: PROJECT: ____________________________________________________________ OWNER/ENGINEER: ____________________________________________________ PERCENT COMPLETE: _______ CONTRACT PRICE: _________________________ CONTACT PERSON: _______________________ PHONE: ___________________ PROJECT: ____________________________________________________________ OWNER/ENGINEER: ____________________________________________________ PERCENT COMPLETE: _______ CONTRACT PRICE: _________________________ CONTACT PERSON: _______________________ PHONE: ___________________ PROJECT: ____________________________________________________________ OWNER/ENGINEER: ____________________________________________________ PERCENT COMPLETE: _______CONTRACT PRICE: __________________________ DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F CONTACT PERSON: _______________________ PHONE: ___________________ PROJECT: ____________________________________________________________ OWNER/ENGINEER: ____________________________________________________ PERCENT COMPLETE: _______CONTRACT PRICE: __________________________ CONTACT PERSON: _______________________ PHONE: ___________________ (USE ATTACHMENTS IF NECESSARY) IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS. (PLEASE USE ATTACHMENT.) HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A CONTRACT? ______ HAS YOUR COMPANY BEEN INVOLVED IN ANY PROJECTS WITHIN THE LAST FIVE YEARS THAT HAS REQUIRED MEDIATION/LITIGATION/BOND? IF SO, LIST BELOW (USE ATTACHMENTS IF NECESSARY) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ IF SO, NAME OF OWNER AND/OR SURETY: ______________________________________________________________________ CONTACT PERSON: __________________________ PHONE: __________________ ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS PAYABLE? ___________ IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS: ______________________________________________________________________ ______________________________________________________________________ ____________________________________________________________________________________________________________________________________________ BANK REFERENCE: Bank: ___________________________________________ Address: ________________________________________ City: ________________ State: _____ Zip: ____________ Contact Person: ___________________________________ Phone: __________________________________________ MUNICIPALITY REFERENCE: City: ________________________________________ Contact Person: ___________________________ Position: ___________________ Address: _________________________________ Phone: ____________________ OTHER CREDIT REFERENCES: Name: __________________________ Name: __________________________ Address: ________________________ Address: ________________________ _______________________________ ________________________________ DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Phone: _________________________ Phone: __________________________ In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub-contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: _________________________ Title: ___________________________ Company: _______________________ Date: ___________________________ COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: __________________________ Phone: __________________________ Address: ________________________ City: ________________State: _______ DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: ______________________________________________________________ ADDRESS: ____________________________________________________________ PHONE: ______________________________________________________________ 1. Has this surety furnished contract bonds on contracts now complete? _________ 2. Has this surety furnished contract bonds on contracts now incomplete? _______ 3. What is the maximum bonding capacity of this Contractor? _________________ 4. Is the current financial information on this Contractor satisfactory? ___________ 5. Does information obtained indicate accounts are paid when due? ____________ If not, give details: ________________________________________________________________ ________________________________________________________________ 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? ________________________________________ 7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? ______________________________________________________________________ REMARKS: ____________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________ SURETY: _____________________________ SIGNED: _____________________________ TITLE: _______________________________ ADDRESS: ____________________________ _____________________________________ CITY STATE ZIP PHONE: ______________________________ (IN DUPLICATE) DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNA, TEXAS General Decision: TX20080057 Date: September 11, 2009 Construction Types: Building Counties: Collin and Denton Counties in Texas. Rates are for Building construction projects only. For other wage rates or for updated rates, please the Texas General Decision County Index located at http://www.gpo.gov/davisbacon/tx.html Rates $ Fringes Acoustical Installer 12.27 0.00 Carpenter (Excluding Acoustical Installers & Drywall Hangers) 12.36 1.38 Drywall Hanger 12.17 0.00 Electrician 13.10 1.97 Laborer, Unskilled (Excluding Landscape Laborers) 7.25 0.86 Painter: Brush & Spray 10.15 0.00 Painters doing drywall finishing only 10.08 0.00 Paperhanger 12.50 2.20 Plumbers and Pipefitters (Including HVAC Work) 12.47 1.87 Power Equipment Operator (Cranes) 15.00 2.85 Roofer, Including Built Up, Composition and Single Ply Roofs 10.17 1.10 Sheet Metal Worker (Including HVAC Duct Work) 10.94 1.45 Sprinkler Fitter 12.00 2.30 Welders – Receive rate prescribed for craft performing operation to which welding is incidental. WAGE DETERMINATION APPEALS PROCESS 1. Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. All decisions by the Administrative Review Board are final. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident’s principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in ______________________ (give state), our principal place of business, are required to be ___________ percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in _____________________ (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: ________________________________ By: _____________________________ Company (please print) ________________________________ Signature: _______________________ ________________________________ Title: ___________________________ City State Zip (please print) _______________________________ Phone THIS FORM MUST BE RETURNED WITH YOUR QUOTATION DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F CONFLICT OF INTEREST QUESTIONNAIRE DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F SECTION 6 AFFIDAVIT AGAINST PROHIBITED ACTS DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub-contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. _______________________________ _______________________________ Signature Date _______________________________ _______________________________ ATTEST (if corporation) Date DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F PROPOSAL AND BID FORM DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F PROPOSAL AND BID FORM Proposal of _____________________________________ (hereinafter called "Bidder"). Address: ______________________________________________________________ To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") Deadline for Submission of Sealed Competitive Bid 2:00pm on November 13, 2023 Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of two projects: Anna Community Library: approximately 32,500 square foot two (2) story building and Anna Plaza: approximately 75,000 square feet of outdoor landscaping with children’s playground and other amenities for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within the agreed upon timeframe, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum specified in the provided modified AIA A102-2017 Standard Form of Agreement Between Owner and Contractor, which will be used for both the Anna Community Library and Plaza projects. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days from bid due date until the date that the project is awarded by the City Council. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. The 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F EXHIBIT A, BID PROPOSAL A detailed Bid Form for both the Library and Plaza. Sections not relevant should be left blank. The total shown is to match the stated amount in the EXHIBIT C BID PROPOSAL Recapitulations stated total. If the amounts differ, the greater value will be used in evaluating Bids submitted. The bid form is available in Excel format via Project Advocates. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F # Years in business States licensed in # of Employees Work w/ GC forces Work in progress value Average annual volume last 5 years EMR (Experience Modification Rating) SITE BLDG TOTAL SITE TOTAL 01 GENERAL REQUIREMENTS 010000 GENERAL REQUIREMENTS -$ -$ -$ -$ -$ 02 SITE WORK 02100 DEMOLITION / ABATEMENT -$ -$ -$ -$ -$ 02800 FENCING -$ -$ -$ -$ -$ 02850 RETAINING WALLS -$ -$ -$ -$ -$ 03 CONCRETE 03300 CONCRETE -$ -$ -$ -$ -$ 03400 POLISHED CONCRETE -$ -$ -$ -$ -$ 04 MASONRY 04200 MASONRY -$ -$ -$ -$ -$ 05 METALS 05100 STRUCTURAL STEEL -$ -$ -$ -$ -$ 06 WOODS & PLASTICS 06100 ROUGH CARPENTRY -$ -$ -$ -$ -$ 06400 FINISH CARPENTRY / MILLWORK -$ -$ -$ -$ -$ 07 THERMAL & MOISTURE PROTECTION 07240 EXTERIOR INSULATED FINISH SYSTEM (EIFS) -$ -$ -$ -$ -$ 07400 METAL PANELS -$ -$ -$ -$ -$ 07500 ROOFING -$ -$ -$ -$ -$ 07900 WATERPROOFING / CAULKING & SEALANTS -$ -$ -$ -$ -$ 08 OPENINGS 08100 DOORS / FRAMES / HARDWARE -$ -$ -$ -$ -$ 08360 OVERHEAD DOORS -$ -$ -$ -$ -$ 08400 STOREFRONT / CURTAINWALL / GLASS & GLAZING -$ -$ -$ -$ -$ 09 FINISHES 09250 DRYWALL / ACOUSTICAL -$ -$ -$ -$ -$ 09600 FLOORING -$ -$ -$ -$ -$ 09900 PAINTING -$ -$ -$ -$ -$ 10 SPECIALTIES 10100 STANDARD SPECIALTIES -$ -$ -$ -$ -$ 10140 SIGNAGE -$ -$ -$ -$ -$ 11 EQUIPMENT 11000 APPLIANCES & SCREENS -$ -$ -$ -$ -$ 12 FURNISHINGS 12240 WINDOW TREATMENTS -$ -$ -$ -$ -$ 12360 STONE CONTERTOPS -$ -$ -$ -$ -$ 13 SPECIAL CONSTRUCTION NOT APPLICABLE -$ -$ -$ -$ -$ 14 CONVEYING SYSTEMS 14100 ELEVATORS -$ -$ -$ -$ -$ 21 FIRE SUPPRESSION 21000 FIRE SUPPRESSION, SPRINKLER, STANDPIPE SYS -$ -$ -$ -$ -$ Projected project duration (in months): Anna Community Library & Anna Plaza - Bid form Due November 13, 2023 LIBRARY SCOPE PLAZA SCOPE # OF MONTHS # OF MONTHS GC NAME: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F 22 PLUMBING 22000 PLUMBING -$ -$ -$ -$ -$ 23 HVAC 23000 HEATING, VENTING, AND AIR CONDITIONING -$ -$ -$ -$ -$ 26 ELECTRICAL 26000 ELECTRICAL -$ -$ -$ -$ -$ 27 COMMUNICATIONS 27000 COMMUNICATIONS -$ -$ -$ -$ -$ 28 ELECTRONIC SAFETY AND SECURITY 28000 ELECTRONIC SAFETY AND SECURITY -$ -$ -$ -$ -$ 31 EARTHWORK 31200 EARTHWORK -$ -$ -$ -$ -$ 31310 TERMITE CONTROL -$ -$ -$ -$ -$ 31630 DRILLED PIERS -$ -$ -$ -$ -$ 32 EXTERIOR IMPROVEMENTS 32130 CONCRETE PAVING -$ -$ -$ -$ -$ 32170 PAVEMENT MARKINGS -$ -$ -$ -$ -$ 32840 LANDSCAPING & IRRIGATION -$ -$ -$ -$ -$ 32900 SITE SPECIALTIES -$ -$ -$ -$ -$ 33 UTILITIES 33000 SITE UTILITIES -$ -$ -$ -$ -$ GENERAL CONDITIONS GENERAL CONDITIONS -$ -$ -$ -$ -$ *GC CONTINGENCY -$ -$ -$ -$ -$ GL & BR INSURANCE -$ -$ -$ -$ -$ TWO-YEAR MAINTENANCE BOND -$ -$ -$ -$ -$ P&P BOND -$ -$ -$ -$ -$ GC FEE -$ -$ -$ -$ -$ BASE BID GRAND TOTAL-$ -$ -$ -$ **MAIN DISTRIBUTION PANEL - CREDIT MATERIAL ONLY -$ LIBRARY ALTERNATES 1 ALTERNATE NO. 1: WOOD LOOK ROOF DECK 2 ALTERNATE No. 2: SOUND-ABSORBING WALL UNITS3 ALTERNATE No. 3: PREMANUFACTURED EQUIPMENT SCREEN 4 ALTERNATE No. 4: CONCRETE FORM WORK567 PLAZA ALTERNATES1 PLAZA ALTERNATE No. 1 - SYNTHETIC TURF - See ALT #1, SHEET L2.052345-$ *REFERENCE THE MODIFIED AIA A102-2017 SECTION 5.1.2 TOTAL ** PROVIDE CREDIT FOR MATERIAL ONLY; OWNER PROVIDED GC INSTALLED. -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL-$ -$ PLAZA SCOPE LIBRARY SCOPE DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F LIBRARY UNIT PRICING UNIT PRICE UNIT 1A UNIT PRICE 1A: ADDITIONAL PRICE PER LF OF THE TOTAL LENGTH OF 18" DIAMETER PIERS IN EXCESS OF THE ASSUMED QUANTITY FOR BID. -$ LF 1B UNIT PRICE 1B: REDUCTION IN PRICE PER LF OF THE TOTAL LENGTH OF 18" DIAMETER PIERS LESS THAN THE ASSUMED QUANTITY FOR BID. -$ LF 1C UNIT PRICE 1C: ADDITIONAL PRICE PER LF OF THE TOTAL LENGTH OF 24" DIAMETER PIERS IN EXCESS OF THE ASSUMED QUANTITY FOR BID. -$ LF 1D UNIT PRICE 1D: REDUCTION IN PRICE PER LF OF THE TOTAL LENGTH OF 24" DIAMETER PIERS LESS THAN THE ASSUMED QUANTITY FOR BID.-$ LF2 ADDITIONAL COST PER ADDED DATA DROP-$ EACH3 ADDITIONAL COST PER ADDED DEDICATED POWER OUTLET-$ EACH 4ADDITIONAL COST PER ADDED CONVENIENCE POWER OUTLET-$ EACH 5ADDITIONAL COST TO RELOCATE ELECTRICAL BOXES -$ EACH 6-$ PLAZA UNIT PRICING UNIT PRICE UNIT1 AUTUMN GOLD GINKGO, 6" CAL. SEE PLANT SCHEDULED -$ EACH2 CEDAR ELM, 3" CAL., SEE PLANT SCHEDULES -$ EACH3 DESERT WILLOW, 45 GAL., SEE PLANT SCHEDULES -$ EACH4 FAIRMONT GINKGO, 3" CAL., SEE PLAN SCHEDULES -$ EACH5 KIDNEY WOOD, 15 GAL., SEE PLANT SCHEDULES -$ EACH6 LACEBARK ELM, 5"., SEE PLANT SCHEDULES -$ EACH7 SHANTUNG MAPLE, 4" CAL., SEE PLANT SCHEDULES -$ EACH8 TONTO CRAPE MYRTLE, 45 GAL., SEE PLANT SCHEDULES-$ EACH9 URBANITE ASH, 3" CAL., SEE PLANT SCHEDULES-$ EACH 10 YAUPON HOLLY, 30 GAL., SEE PLANT SCHEDULES-$ EACH 11 BOULDER 3, SEE HARDSCAPE PLANS AND DETAIL SHEET -$ EACH 12 BOULDER 4, SEE HARDSCAPE PLANS AND DETAIL SHEET -$ EACH 13 BOULDER 5, SEE HARDSCAPE PLANS AND DETAIL SHEET -$ EACH 14 POT A, SEE HARDSCAPE PLANS AND DETAIL SHEET -$ EACH 15 POT B, SEE HARDSCAPE PLANS AND DETAIL SHEET -$ EACH 16 POT C, SEE HARDSCAPE PLANS AND DETAIL SHEET -$ EACH COST REDUCTION VOLUNTARY ALTERNATES SITE BLDG TOTAL1-$ -$ -$ 2-$ -$ -$ 3-$ -$ -$ 4-$ -$ -$ 5-$ -$ -$ 6-$ -$ -$ 7-$ -$ -$ 8-$ -$ -$ 9-$ -$ -$ 10-$ -$ -$ 11-$ -$ -$ 12-$ -$ -$ 13-$ -$ -$ 14-$ -$ -$ -$ LIBRARY SCOPE LIBRARY SCOPE LIBRARY SCOPE DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F COST REDUCTION VOLUNTARY ALTERNATES TOTAL1-$ 2-$ 3-$ 4-$ 5-$ 6-$ 7-$ 8-$ 9-$ 10-$ 11-$ 12-$ 13-$ 14-$ PLEASE SUBMIT THE COMPLETED EXCEL WORKBOOK WITH YOUR SUBMISSION. CONTRACTOR IS RESPONSIBLE FOR VERIFYING AMOUNT TOTALS ARE CALCULATED CORRECTLY. PLAZA SCOPE DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F EXHIBIT B BID PROPOSAL FOR Anna Community Library & Anna Plaza Supplemental General Notes ** Any and all existing improvements in yard areas damaged by contractor will be replaced to a condition equal to or better than original at no additional cost. A modified version of AIA 102-2017 has been provided for the bidder’s review. Any objections to the modified contract should be submitted in writing with the bid on the scheduled bid due date and time. Any and all damage to existing parking areas used for construction and damaged by the contractor will be replaced to a condition equal to or better than original at no additional cost. Any and all construction road improvements damaged by contractor will be replaced to a condition equal to or better than original at no additional cost. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F EXHIBIT C BID PROPOSAL FOR Anna Community Library and Anna Plaza Recapitulations LIBRARY TOTAL BASE BID $_______________________________ PLAZA TOTAL BASE BID $_______________________________ Notice of award will be sent to the undersigned at the following addresses: _______________________________________ Contractor By: ____________________________________ _______________________________________ Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: __________________________ Secretary: __________________________ Acknowledgment is hereby made of receipt of the following Addenda, if any: No. ___________________________ Date: __________________ No. ___________________________ Date: __________________ No. ___________________________ Date: __________________ Provide List of Potential Subcontractors, with the understanding that the list is subject to change. Use Attachments if necessary. (Company name, contact number and type of work): ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: _________________ TO: City of Anna, Texas Municipal Building 120 W. Seventh St Anna, TX 75409 RE: Anna Community Library and Anna Plaza The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of_______________________ ________ _____________________ ($______________) which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject property. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the Contract Agreement to the full extent or the amount for which such Certificate of Exemption is requested. _____________________________________ Company By: __________________________________ (Please Print) Signature: _____________________________ Title: _________________________________ (Please Print) Address: ______________________________ _____________________________________ City State Zip _____________________________________ Phone/Fax (Seal if Corporation) DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F CONTRACT AGREEMENT EXHIBIT X Modified AIA 102-2017 Standard Form Agreement between Owner and Contractor AND AIA 201-2017 General Conditions of the Contract for Construction have been provided for the bidder’s review. Bidder’s are to submit any objections to the modified AIA contracts with their proposals. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA ® Document A102™ – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 1 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. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A102™–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201™–2017, 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. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) « City of Anna, Texas »« » « Ryan Henderson, Interim City Manager » « 120 W 7th St, » « Anna, TX 75409» and the Contractor: (Name, legal status, address and other information) « TBD »« » « » « » « » for the following Project: (Name, location and detailed description) « Anna Community Library and Anna Plaza »« 111 W Fifth Street» « Anna, TX 75409» « » « » The Architect: (Name, legal status, address and other information) « BRW Architects »« 3535 Travis St #250» « Dallas, TX 75204»« » « » « » « » The Owner and Contractor agree as follows. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 RELATIONSHIP OF THE PARTIES 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 CONTRACT SUM 6 CHANGES IN THE WORK 7 COSTS TO BE REIMBURSED 8 COSTS NOT TO BE REIMBURSED 9 DISCOUNTS, REBATES AND REFUNDS 10 SUBCONTRACTS AND OTHER AGREEMENTS 11 ACCOUNTING RECORDS 12 PAYMENTS 13 DISPUTE RESOLUTION 14 TERMINATION OR SUSPENSION 15 MISCELLANEOUS PROVISIONS 16 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 16. ARTICLE 2 THE WORK OF THIS CONTRACT § 2.1 The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. § 2.2 The Contractor’s Project Team will include the individuals listed below and such other assistants, technical, administrative and other personnel as are required to carry out the Work effectively, to maintain the progress of the Work in accordance with the requirements of the Project Schedule, and to satisfy all obligations of the Contractor under the Contract Documents, subject to the Owner’s written approval. No change in the composition of the Project Team, including, without limitation, reassignment and/or removal of any Project Team member, shall be made without the Owner’s written approval. The Owner may require removal or reassignment of any member of the Project Team, or assistant, technical or administrative personnel with or without cause, upon notice to the Contractor. Contractor shall DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 3 reassign or remove any Project Team member or assistant, technical or administrative personnel withing five (5) business days after notice to do so from the Owner. Before beginning the Work, the Contractor shall provide to the Owner and the Architect a job organization chart, identifying all key personnel involved in the Work and their responsibilities, including the percentage of time each person idendified thereon will devote to the Project. Project Manager – TBD Project Superintendent – TBD Project Engineer - TBD ARTICLE 3 RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor’s skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 4.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ « » ] The date of this Agreement. [ « X » ] A date set forth in a notice to proceed issued by the Owner. [ « » ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) « » If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 4.2 The Contract Time shall be measured from the date of commencement of the Work. § 4.3 Substantial Completion § 4.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ « » ] Not later than « » ( « » ) calendar days from the date of commencement of the Work. [ « X » ] By the following date: «TBD » § 4.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 4.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 4.3, liquidated damages, if any, shall be assessed as set forth in Section 5.1.6. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 4 ARTICLE 5 CONTRACT SUM § 5.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor’s Fee. § 5.1.1 The Contractor’s Fee: (State a lump sum, percentage of Cost of the Work, or other provision for determining the Contractor’s Fee.) «Lump Sum Fee of $XXX » § 5.1.2 The method of adjustment of the Contractor’s Fee for changes in the Work: «Five percent (5%) fee on changes. No fee shall be added for Contractor Contingency or Allowances The Contractor shall be allowed to carry a contingency within the GMP, inclusive of their indirect cost, of XXXX ($xxx). The Contingency is to be used for minor design clarifications, conflicts, and the inherit risks associated with contracting, but not improvements in quality or additional scope by the Owner. » § 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: «Fifteen percent (15%) » § 5.1.4 Rental rates for Contractor-owned equipment shall not exceed « Eighty » percent ( « 80 » %) of the standard rental rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) § 5.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) « The contractor acknowledges that time is of the essence and agrees to complete all work in a timely and expeditious manner. Both parties agree that the Owner will experience inconveniences should the agreed upon substantial completion dates not be achieved and that it would be difficult to assess consequential damages that would result in delays of beneficial use. In lieu of consequential damages . Both parties agree to liquidated damages of $500/day for each day the Work is not Substantially Complete after the agreed upon date of Substantial Completion. The Construction Manager will be given 45 days after the date of Substantial Completion to achieve Final Completion. Beginning on the 46th day after the date of Substantial Completion, if the Construction Manager has not achieved Final Completion, Liquidated Damages will be assessed at a rate of $1,000/day for each day. Liquidated Damages for failure to achieve Substantial Completion and failure to achieve Final Completion shall not be assessed simultaneously against the contractor. Such Liquidated Damages shall be the Owner’s damages for delays arising from the Construction Manager’s failure to achieve Substantial Completion or Final Completion as defined herein. The Liquidated Damages provision shall not otherwise impede Owner’s other contractual remedies as provided in Article 14 of AIA Document A201. The Owner reserves that sole right to waive Liquidated Damages at their discretion. » § 5.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) «If, at the completion of the Work and the Contractor’s Fee total less than the Guaranteed Maximum Cost (adjusted for Change Orders) such difference shall constitute “Savings.” The contractor shall be entitled to share 30% of all job cost and contractor contingency savings up to a maximum of $75,000 » DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 5 § 5.2 Guaranteed Maximum Price § 5.2.1 The Contract Sum is guaranteed by the Contractor not to exceed « » ($ « » ), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. § 5.2.1.1 One hundred percent (100%) of all savings shall revert to the Owner, except as specifically defined in 5.1.7. § 5.2.2 Alternates § 5.2.2.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price § 5.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § 5.2.3 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Item Price § 5.2.4 Assumptions, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption.) « » § 5.2.5 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 5.2.6 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in Section 5.2.4. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions contained in Section 5.2.4 and the revised Contract Documents. § 5.2.7 All major scope items susceptible to market changes shall be purchased within forty-five (45) days of Contract Agreement. Costs increases due to procurement shall be presented and approved by the Owner within forty-five (45) days of the Contract Agreement. Any cost increases due to procurement beyond the established forty-five (45) days will be taken out of the Contractor contingency, with Owner approval on a case by case basis. ARTICLE 6 CHANGES IN THE WORK § 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Article 7 of AIA Document A201™–2017, General Conditions of the Contract for Construction. § 6.2 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201–2017, as they refer to “cost” and “fee,” and not by Articles 5, 7 and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 6 § 6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms “cost” and “costs” as used in Article 7 of AIA Document A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term “fee” shall mean the Contractor’s Fee as defined in Section 5.1.1 of this Agreement. § 6.4 Intentionally deleted. ARTICLE 7 COSTS TO BE REIMBURSED § 7.1 Cost of the Work § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. The Cost of the Work shall include only the items set forth in this Article 7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Contractor shall obtain such approval in writing prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing this Agreement. § 7.1.3 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops. § 7.2.2 Wages or salaries of the Contractor’s supervisory and administrative personnel when stationed at the site and performing Work, with the Owner’s prior approval. § 7.2.2.1 Wages or salaries of the Contractor’s supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) « » § 7.2.3 Wages or salaries of the Contractor’s supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Contractor, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments, and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 7 completion of the Work or, at the Owner’s option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor 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 Contractor shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Contractor, or a related party as defined in Section 7.8, shall be subject to the Owner’s prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Contractor’s site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. The cost of Subcontractor bonds shall be invoiced at actual cost as a cost of the work and reviewed with the Owner Representative at time of engagement. Builders Risk insurance shall be provided by the Contractor and invoiced at actual cost of the Work and reviewed with the Owner’s representative at time of engagement. § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Contractor, with the Owner’s prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Contractor is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Contractor is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Contractor resulting from such suits or claims, and payments of settlements made with the Owner’s consent, unless the Contractor had reason to believe that the required design, process or product was an infringement of a copyright or a patent, and the Contractor failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 8 A201–2017. The costs of legal defenses, judgments, and settlements, shall not be included in the Cost of the Work used to calculate the Contractor’s Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner’s prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Contractor’s negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld. § 7.6.10 Expenses incurred in accordance with the Contractor’s standard written personnel policy for relocation and temporary living allowances of the Contractor’s personnel required for the Work, with the Owner’s prior approval. § 7.6.11 That portion of the reasonable expenses of the Contractor’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner’s prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201–2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term “related party” shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractor; (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 10. If the Owner fails to authorize the transaction in writing, the Contractor shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 10. ARTICLE 8 COSTS NOT TO BE REIMBURSED § 8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Contractor’s personnel stationed at the Contractor’s principal office or offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article 15; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 9 .3 Expenses of the Contractor’s principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Article 7; .5 The Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Contractor, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Article 7; and .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS § 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. § 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Contractor shall deliver such bids to the Architect and Owner with an indication as to which bids the Contractor intends to accept. The Owner then has the right to review the Contractor’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 10.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Contractor 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 Contractor in Article 11. ARTICLE 11 ACCOUNTING RECORDS The Contractor shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 10 ARTICLE 12 PAYMENTS § 12.1 Progress Payments § 12.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Contractor, as provided below and elsewhere in the Contract Documents. § 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « Thirty (30) day payment after invoice has been approved by the Architect and Owner. » § 12.1.3 Provided that an Application for Payment is received by the Architect not later than the «23rd » day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the « last » day of the « following » month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than «thirty » ( «30 » ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 12.1.4 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor’s Fee. § 12.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Contractor’s Fee. § 12.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 12.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 12.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 12.1.5.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect and Owner. § 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work and for which the Contractor has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 12.1.7 In accordance with AIA Document A201–2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 12.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 11 .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified; and .4 The Contractor’s Fee, less retainage shall be computed upon the Cost of the Work described in the preceding Sections 12.1.7.1.1 and 12.1.7.1.2 at the rate stated in Section 5.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 12.1.7.1.1 and 12.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 12.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 12.1.8. § 12.1.8 Retainage § 12.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) « Ten percent (10%) Retainage » § 12.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) « Material vendors as itemized and noted on the AIA-G703 payment application and approved by the Owner. » § 12.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 12.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification.) «At 50% completion as determined by the AIA-G703 payment application, retainage (including previous applications) shall be reduced to 5%. Reduction of Retainage is subject to Owner’s approval based on the Work progressing satisfactorily and Contractor is not in default or any of its obligations under the Contract Document; Subject to Owner’s approval » § 12.1.8.3 Except as set forth in this Section 12.1.8.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 12.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) « Retainage Payment is subject to the completion of the Owner’s Audit and Reconciliation and completion of Project Punchlist. » DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 12 § 12.1.9 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 12.1.10 Except with the Owner’s prior written approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 12.1.11 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 12.1.12 In taking action on the Contractor’s Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 12.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 12.2 Final Payment § 12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract, except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 12.2.2. § 12.2.2 Within 30 days of the Owner’s receipt of the Contractor’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 12.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors’ findings to the Architect. § 12.2.2.2 Within seven days after receipt of the written report described in Section 12.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 12.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Article 9 of AIA Document A201–2017. The time periods stated in this Section 12.2.2 supersede those stated in Article 9 of AIA Document A201–2017. The Architect is not responsible for verifying the accuracy of the Contractor’s final accounting. § 12.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Contractor’s final accounting, is less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Contractor within 30 days after the Contractor’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the Architect’s final Certificate for Payment. § 12.2.3 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: « » DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 13 § 12.2.4 If, subsequent to final payment, and at the Owner’s request, the Contractor incurs costs, described in Article 7 and not excluded by Article 8, to correct defective or nonconforming Work, the Owner shall reimburse the Contractor for such costs, and the Contractor’s Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 5.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 12.2.4 in determining the net amount to be paid by the Owner to the Contractor. § 12.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment, per Article 12.1, is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) « » % « » ARTICLE 13 DISPUTE RESOLUTION § 13.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to the Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) « Project Advocates » « 3833 Ridgetop Lane » « Plano, TX 75074 » « Contact: Phil Miller » § 13.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ « » ] Arbitration pursuant to Section 15 of AIA Document A201–2017 [ « X » ] Litigation in a court of competent jurisdiction [ « » ] Other (Specify) « » If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 14 TERMINATION OR SUSPENSION § 14.1 Termination § 14.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017. § 14.1.2 Termination by the Owner for Cause § 14.1.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201–2017, the amount, if any, to be paid to the Contractor under Article 14 of AIA Document A201–2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 14 .2 Add the Contractor’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1.1 or, if the Contractor’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; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201–2017. § 14.1.2.2 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 14.1.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 14.1.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of or method for determining the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.) « If the Owner terminates the Contract for convenience, the Contractor will be paid for Work performed and its fee on Work performed to the point of termination. » § 14.2 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201–2017, except that the term “profit” shall be understood to mean the Contractor’s Fee as described in Article 5 and Section 6.4 of this Agreement. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 15.2 The Owner’s representative: (Name, address, email address and other information) « Project Advocates » « Phil Miller and Alma Zamora » « 3833 Ridgetop Lane » « Plano, TX 75074 » « » « » § 15.3 The Contractor’s representative: (Name, address, email address and other information) « TBD » « » « » « » « » « » DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 15 § 15.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 15.5 Insurance and Bonds § 15.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A102™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 15.5.2 The Contractor shall provide bonds as set forth in AIA Document A102™–2017 Exhibit A, and elsewhere in the Contract Documents. § 15.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) « » § 15.7 Other provisions: « » ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS § 16.1 This Agreement is comprised of the following documents: .1 AIA Document A102™–2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A102™–2017, Exhibit A, Insurance and Bonds .3 AIA Document A201™–2017, General Conditions of the Contract for Construction .4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) « » .5 Drawings Number Title Date REFERENCE SHEET INDEX REFERENCE SHEET INDEX CITY OF ANNA COMMUNIYT LIBRARY CONSTRUCTION DOCUMENTS – ISSUE FOR PERMIT CITY OF ANNA PLAZA – 100% CONSTRUCTION DOCUMENTS 09-20-2023 09-21-2023 .6 Specifications Section Title Date Pages Ref Project Manual PROJECT MANUAL – ANNA COMMUNITY 09-20-2023 928 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 16 Ref Project Manual LIBRARY – VOLUME 1 OF 2 PROJECT MANUAL – ANNA COMMUNITY LIBRARY VOLUME 2 OF 2 09-20-2023 816 .7 Addenda, if any: Number Date Pages ACL - ADDENDUM No. 1 ACL - ADDENDUM No. 2 CAP – ADDENDUM No.1 10/12/23 10/13/23 10/12/23 See construction documents Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 16. .8 Other Exhibits: (Check all boxes that apply.) [ « » ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) « » [ « » ] The Sustainability Plan: Title Date Pages [ « X » ] Supplementary and other Conditions of the Contract: Document Title Date Pages CITY OF ANNA RFP CITY OF ANNA, TEXAS BID, SPECIFICATION, AND CONTRACT DOCUMENTS 10-26-2023 .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) « » This Agreement entered into as of the day and year first written above. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:21:27 ET on 01/12/2022 under Order No.2114277864 which expires on 01/09/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1113090681) 17 OWNER (Signature) CONTRACTOR (Signature) « »« » « »« » (Printed name and title) (Printed name and title) DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA ® Document A201® – 2017 General Conditions of the Contract for Construction AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 1 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. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. for the following PROJECT: (Name and location or address) « » « » THE OWNER: (Name, legal status and address) « »« » « » THE ARCHITECT: (Name, legal status and address) « »« » « » 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 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 2 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 3 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 4 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 5 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 6 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 8 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 9 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 The Work The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 10 § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub- subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 11 forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose “confidential” information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose “confidential” information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 12 § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 13 § 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 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 14 § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 15 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 notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 16 § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 17 § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 18 § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 19 have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning 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. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 20 § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 21 similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 22 Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. 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. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 23 .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. 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 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 24 change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 25 § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 26 be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 27 § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start- up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 28 § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 29 § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 30 § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 31 ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner’s Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 32 § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 33 the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 34 § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 35 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 36 the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 37 § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather 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. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 38 Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:36:46 ET on 09/14/2023 under Order No.2114397963 which expires on 01/09/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1702451530) 39 § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,1 Modified AIA 102-2017 Standard Form Agreement between Owner and Contractor AIA 201-2017 General Conditions of the Contract for Construction RFP – Site Logistics Plan RFP – Anna Community Library and Anna Plaza Project Schedule all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the “Contract” or “Contract Documents”). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above-listed documents and this Contract Agreement, this Contract Agreement shall control. 1 Plans, specifications or drawings are to be considered incorporated by reference into the aforementioned contract documents. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F BIDDER’S BOND KNOW ALL MEN BY THESE PRESENTS, that __________________________ ________________________ (hereinafter called the Principal(s)), as Principal(s), and _______________________________________________ (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: __________________________________ Dollars ($_________) (an amount equal to five percent of the Total Bid Price, including Cash Allowances and Alternate Bids, if any) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted on or about this day a proposal offering to perform the following project: Anna Community Library: approximately 32,500 square foot two (2) story building and Anna Plaza: approximately 75,000 square feet of outdoor landscaping with children’s playground and other amenities NOW, THEREFORE, if the said Principal’s bid as stated in its proposal is accepted by the City, and said Principal executes and returns to the City the number of original counterparts of the Contract Agreement required by the City, on the forms prepared by the City, for the work described herein and also executes and returns the same number of the Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of Texas, and having an underwriting limitation in at least the amount of the bond) in connection with the work described herein, within the time specified, then this obligation shall become null and void; otherwise it is to remain in full force and effect. In the event that the Principal is unable to or fails to perform the obligations undertaken herein, the undersigned Principal and Surety shall be liable to the City for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the City on account of the failure of such Principal to perform such obligations, the actual amount of such damages being difficult to ascertain. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this _______ day of ___________________, 20____. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ________________________________ ________________________________ Surety Principal *By: ____________________________ By: _____________________________ (Title) (Title) PRINT NAME: By: _____________________________ ADDRESS: (Title) PHONE/FAX: By: _____________________________ (Title) The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates ________________________________, an agent resident in ___________ County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. ________________________________ Surety By: _____________________________ PRINT NAME: ADDRESS: PHONE/FAX: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that __________________________ ________________________ (hereinafter called the Principal(s)), as Principal(s), and _______________________________________________ (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: __________________________________ Dollars ($_________) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the ______________ day of ______________________, for the following project: Anna Community Library: approximately 32,500 square foot two (2) story building and Anna Plaza: approximately 75,000 square feet of outdoor landscaping with children’s playground and other amenities and said Principal under the law is required before commencing the work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)2 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this _______ day of ___________________, 20____. 2 Not applicable for federal work. See “The Miller Act,” 40 U.S.C. S270. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ________________________________ ________________________________ Surety Principal *By: ____________________________ By: _____________________________ (Title) (Title) PRINT NAME: By: _____________________________ ADDRESS: (Title) PHONE/FAX: By: _____________________________ (Title) The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates ________________________________, an agent resident in ___________ County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. ________________________________ Surety By: _____________________________ PRINT NAME: ADDRESS: PHONE/FAX: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that __________________________ __________________________(hereinafter called the Principal(s)) as Principal(s), and ___________________________________________ (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: _________________________________________ Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the ___________ day of ________________________, for the: Anna Community Library: approximately 32,500 square foot two (2) story building and Anna Plaza: approximately 75,000 square feet of outdoor landscaping with children’s playground and other amenities and said Principal under the law is required before commencing work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise, to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this _______ day of ___________________, 20____. ________________________________ ________________________________ Surety Principal DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F *By: ____________________________ By: _____________________________ (Title) (Title) PRINT NAME: By: _____________________________ ADDRESS: (Title) PHONE/FAX: By: _____________________________ (Title) The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates ________________________________, an agent resident in ___________ County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. ________________________________ Surety By: _____________________________ PRINT NAME: ADDRESS: PHONE/FAX: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT ______________________ as PRINCIPAL, and __________________________ a CORPORATION organized under the laws of ____________________, as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of: ___________________________________________Dollars ($ ) for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said ______________________ _______________________, the Contractor, did on ________________, 20_____ enter into a written Contract Agreement with the said City of Anna to build and construct: Anna Community Library: approximately 32,500 square foot two (2) story building and Anna Plaza: approximately 75,000 square feet of outdoor landscaping with children’s playground and other amenities in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub-contractors, materialmen and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said __________________________________, (Contractor) has caused these presents to be _________________________________, (Surety Co.) executed by its ATTORNEY-IN-FACT __________________________ and the said DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F ATTORNEY-IN-FACT ____________________________ has hereunto set his hand this the _______ day of ________________________, 20_____. SURETY: PRINCIPAL: ________________________________ ________________________________ (Company) (Company) By: _____________________________ By: _____________________________ Print Name: ______________________ Print Name: ______________________ Title: ____________________________ Title: ___________________________ Address: ________________________ Address: ________________________ Phone/Fax: ______________________ Phone/Fax: ______________________ DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F CERTIFICATE OF INSURANCE DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F CERTIFICATE OF INSURANCE TO: CITY OF ANNA DATE: _______________________________ ANNA, TEXAS PROJECT: ____________________________ THIS IS TO CERTIFY THAT ______________________________________________ (Name and Address of Insured) ______________________________________________________________________ is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workmen’s Compensation Per Person $_____________________ Per Occur. $_____________________ Property Damage $________________ Public Liability Per Person $_____________________ Per Occur. $_____________________ Property Damage $________________ Contingent Liability Per Person $_____________________ Per Occur. $_____________________ Property Damage $________________ Property Damage Per Person $_____________________ Per Occur. $_____________________ Property Damage $________________ Builder’s Risk Per Person $_____________________ Per Occur. $_____________________ Property Damage $________________ Automobile Per Person $_____________________ Per Occur. $_____________________ Property Damage $________________ Other Per Person $_____________________ Per Occur. $_____________________ Property Damage $________________ The foregoing Policies (do) (do not) cover all sub-contractors. Locations Covered: ______________________________________________________ Description of Operations Covered: _________________________________________ Additional Insured: City of Anna, Texas The above policies, either in the body thereof or by appropriate endorsement, provide that they may not be changed or canceled by the insurer in less than the legal time required after the DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than sixty (60) days in advance of cancellation or change. FIVE COPIES OF THIS CERTIFICATE ________________________________ MUST BE SENT TO THE OWNER (Name of Insurer) By: _____________________________ Title: ___________________________ Address: ________________________ ________________________________ Phone/Fax: ______________________ DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F NOTICE TO PROCEED Project: Anna Community Library and Plaza – City of Anna, TX Issued To: _________________________ Date Issued: _____________________ __________________________________ __________________________________ You are hereby notified to commence work in accordance with the Agreement dated the ___________ day of ___________________________________, 20__________, on or before the___________ day of ______________________________________, 20__________ and complete all of the work within __________ consecutive calendar days thereafter. The date of completion for all work shall therefore be the ____________ day of ______________________________, 20_______. Issued by: City of Anna, Texas (Owner) By: ______________________________________________ Ryan Henderson Interim City Manager ACCEPTANCE OF NOTICE: Receipt of the above notice to proceed is hereby acknowledged by [insert name of contractor], this __________ day of ____________________________, 20_________. By: ______________________________________________ Contractor DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F CHANGE ORDER Date of Issuance: Effective Date: Owner: City of Anna, TX Project: [insert name of project] Contract changes are approved as follows: Description of changes: Reason for Change Order: Attachments: CONTRACT PRICING Original Contract Amount including Add/Alternates: $_______________ Net Increase from Previous Change Orders: $_______________ Contract Price Prior to this Change Order: $_______________ Net Increase/Decrease of this Change Order: $_______________ Contract Price with All Approved Change Orders: $_______________ City of Anna, TX [Insert Name of Contractor] ______________________________ By: Ryan Henderson, Interim City Manager _____________________________ By: [Insert name of signator] Date: ________________________ Date: ________________________ Please sign both copies; return one copy to: City of Anna, TX c/o [Insert name of project manager] PO Box 776 Anna, TX 75409-0776 DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F SUPPLEMENTARY GENERAL PROVISIONS AND TECHNICAL SPECIFICATIONS Section 1. SUPPLEMENTARY GENERAL PROVISIONS 1.01 PURPOSE OF SUPPLEMENTARY GENERAL PROVISIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications (“Standard Specifications”), which include the Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the these Supplementary General Provisions; provided that where any discrepancies occur between the Supplementary General Provisions and the Standard Specifications, the Supplementary General Provisions shall govern. The Supplementary General Provisions are included herein for the purpose of adapting the Standard Specifications to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 1.02 SCOPE OF WORK: A. Work is to be done in accordance with City of Anna Standard Specifications. B. The work done under the contract documents shall consist of the following: Anna Community Library: approximately 32,500 square foot two (2) story building and Anna Plaza: approximately 75,000 square feet of outdoor landscaping with children’s playground and other amenities C. The intent of the contract documents, including the Standard Specifications, General Provisions, Technical Provisions, and other instruments, documents, drawings, maps, etc., comprising the Plans and Specifications, is to describe a completed work to be performed by the Contractor under the Contract Agreement as an independent Contractor. D. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. E. The Contractor will maintain at all times on the job site, a superintendent authorized to receive and fulfill instructions from the engineer. F. The Contractor further agrees that no part of the Contract Agreement shall be assigned without prior written approval from City. G. The Contractor hereby further agrees to pay to Owner as liquidated damages the sum specified in the provided modified AIA A102-2017 Standard Form of Agreement between Owner and Contractor. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. 1.03 CONTRACTOR SURETY BONDS: With the execution and delivery of the Contract Agreement, the CONTRACTOR shall furnish and file with the OWNER in the amounts herein required, the surety bonds specified hereunder. Without exception, the OWNER’S bond forms, copies of which are amongst the Contract Documents and incorporated into the Contract Agreement, must be used, and exclusive venue for any lawsuit in connection with such bonds DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F shall be in Collin County. Such surety bonds shall be in accordance with the provisions of Texas Government Code, Chapter 2253, as amended, and Art. 7.19-1 of the Insurance Code, as amended. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Agreement price with or without notice to the surety, but in no event shall a change which reduces the Contract Agreement amount reduce the penal amount of such bonds. If the surety on any Bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated or ceases to meet the requirement as set forth above, CONTRACTOR shall within 20 days thereafter substitute another Bond or surety which complies with the requirement hereto. A. PERFORMANCE BOND: A good and sufficient bond in an amount not less than 100-percent of the approximate total amount of the Contract Agreement, as evidenced by the proposal tabulation, or, conditioned on the faithful performance of the work in accordance with the plans, specifications and Contract documents, including performance of any guarantees or warranties required by OWNER, and including any extensions thereof, for the protection of the OWNER. This bond shall also provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear or become known within a period of one year from the date of completion and acceptance of the improvement by the Owner or such lesser or greater period as may be designated in the Contract Documents. B. PAYMENT BOND: A good and sufficient bond in an amount not less than 100-percent of the approximate total amount of the Contract Agreement, as evidenced by the proposed tabulation, or otherwise solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime CONTRACTOR or a subcontractor to supply public work or material. C. MAINTENANCE BOND: A maintenance bond in the amount of 100% of the total bid price shall be executed by the contractor as principal and by a corporate surety acceptable to the owner. Said bond shall secure maintenance by the contractor on the project made the subject of the Contract Agreement for two (2) years from the date of acceptance of work by the owner. D. SURETIES: 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 on the bond the name, address and phone number of a representative for the surety located in a county of the State of Texas acceptable to the OWNER to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The OWNER reserves the right to reject and all sureties. E. Additional or Substitute Bonds. If at any time the OWNER is or becomes reasonably dissatisfied with any surety of a performance or payment bond, the CONTRACTOR shall, within five days after notice from the OWNER to do so, substitute an acceptable bond (or DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F bonds), or provide any additional bond, and such form and sum and signed by such other surety or sureties as may be reasonably satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR without recourse to the OWNER. No further payments under the Contract Agreement shall be deemed due or payable until the substitute or additional bonds have been furnished to and accepted by the OWNER. 1.04 LIMITATION OF LIABILITY, INDEMNIFICATION AND INSURANCE: A. LIMITATION OF LIABILITY: The CONTRACTOR affirmatively represents that he is skilled and experienced in the use and interpretation of drawings and specifications such as those included in the Bid Documents of this Contract Agreement. Further, he also affirmatively represents that he has carefully reviewed the drawings and specifications of this Contract Agreement and that he has based his Bid solely on these documents, not relying in any way on any explanation or interpretation—oral or written—from any other source. Unless the CONTRACTOR shall give written notice to the design professional of any ambiguities contained in the drawings or specifications prior to the submission of his bid, the CONTRACTOR agrees that he shall be conclusively presumed that the CONTRACTOR has exercised his aforementioned skill and experience and found the drawings and specifications sufficient and free from ambiguities, errors, or omissions for the purpose of determining his Contract Bid Price for the performance of the work in conformity with the drawings and specifications. Submission of a Bid without prior written notice to the OWNER’S Agent or any claimed ambiguities, errors or omissions shall constitute a waiver of any and all bid-price-related claims by the CONTRACTOR that are based upon any alleged ambiguities, errors, omissions or the like in the drawings or specifications. B. INDEMNIFICATION: The CONTRACTOR agrees to indemnify, defend and save harmless the OWNER and the Engineer, their consultants, agents and employees from and against all loss or expense (including costs and attorney fees) by reason of liability imposed by law upon the OWNER, Engineer, consultants, agents and employees for damages including bodily injury, including death and property damage, including loss of use, sustained by any person or persons, arising out of or in consequence of the performance of this work, whether such injuries to person or damage to property is due or claimed to be due to the negligence of the CONTRACTOR, his sub-contractors, the OWNER, the Engineer, their consultants, agents and employees, except only such injury or damage as shall have been occasioned by the sole negligence of the OWNER, Engineer, Consultant, and/or other Agents. C. INSURANCE: The CONTRACTOR shall comply with each and every condition contained herein. The CONTRACTOR shall provide and maintain, at his sole cost and expense, until the work covered in the Contract Agreement is completed and accepted by the City of Anna, the minimum insurance coverage as follows: 1. Commercial general liability insurance at minimum combined single limits of $1,000,000 per-occurrence per-project and $2,000,000 general aggregate per-project for bodily injury and property damage, which coverage shall include DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F products/completed operations ($1,000,000 products/completed operations aggregate), and XCU hazards. Coverage for products/completed operations must be maintained for at least two (2) years after the construction work is completed. Coverage must be maintained to cover the contractor's obligations outlined in the Contract Agreement. 2. Definitions: a) 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. b) 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 governmental entity. Persons providing services on the project ("subcontractor" in §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. c) 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. d) The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract Agreement. e) 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 governmental entity showing that coverage has been extended. f) The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and, DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F (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 the duration of the project. g) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. h) The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. i) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, information all persons providing services on the project that they are required to be offered, and stating how a person may verify coverage and report lack of coverage. j) The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project: (4) obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and, b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity 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, (7) 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. k) By signing the Contract Agreement or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. l) The contractor's failure to comply with any of these provisions is a breach of Contract Agreement by the contractor which entities the governmental entity to declare the Contract Agreement void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non-owned vehicles, with a combined bodily injury and property damage minimum limit of $1,000,000.00 per occurrence; or separate limits of $500,000.00 for bodily injury (per person); $500,000.00 for bodily injury (per accident) and $100,000.00 for property damage. Such insurance shall include coverage for loading and unloading hazards. 4. Payment and performance bonds in the amount of the contract price and on the form as provided in the contract documents. PLEASE NOTE: The required limits may be satisfied by any combination of primary, excess, or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following form. The contractor may maintain reasonable and customary deductibles, subject to approval by the City of Anna. A comprehensive general liability insurance form may be used in lieu of a commercial general liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 per-occurrence, combined single limit, and coverage must include a broad form comprehensive general liability endorsement, coverage for products/completed operations, no restrictions on XCU hazards, and broad form contractual liability covering the obligations included in the Contract Agreement. With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows: a. The City of Anna shall be named as an additional insured with respect to general liability and automobile liability. b. All liability policies shall contain cross liability and severability of interest clauses. c. A waiver of subrogation in favor of the City of Anna shall be contained in the workers’ compensation insurance policy. d. All insurance policies shall be endorsed to require the insurer to immediately notify the City of Anna of any material change in the insurance coverage. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F e. All insurance policies shall be endorsed to the effect that the City of Anna will receive at least sixty (60) days notice prior to cancellation of termination of the insurance. All insurance shall be purchased from an insurance company that meets the following requirements: a. A financial rating of A:V or better as assigned by the BEST Rating Company in the most current edition of its manual. b. Licensed and admitted to do business in the State of Texas. All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following: a. The company is licensed and admitted to do business in the State of Texas. b. The insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance. c. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. d. Shall specifically set forth the notice of cancellation or termination provisions to the City of Anna. Upon request, contractor shall furnish the City of Anna with certified copies of all insurance policies. Upon renewal of policies, copies of all updated insurance policies shall be furnished to the City of Anna. 1.05 ADDENDUM: The owner reserves the right to issue an addendum prior to accepting bids for the work. Such addendum(s) shall be, and are hereby made a part of these specifications. Upon receipt of the addendum(s), the Contractor shall acknowledge their receipt by listing the addendum(s) and signing in the appropriate spaces in the Proposal. 1.06 CONSTRUCTION WATER: Construction water necessary for the normal construction of this project will not be provided free to the Contractor. All construction water will be metered by City owned meters or meter(s) owned by the Contractor. A deposit of one thousand five hundred dollars ($1,500.00) is required for a 2 ½ inch City owned construction meter. The deposit(s) shall be paid at the Utility Office, located at 120 W. Seventh St, Anna, Texas 75409, prior to the use of meter. City owned meter(s) will be installed by the City Utility Department, after the deposit has been made. The meter(s) will be read and billed each month in accordance with the current Customer Services Policy. Any damage that occurs to a City meter during use will be repaired by the City at the expense of the Contractor. The cost of the repairs will be deducted from the deposit and the remaining deposit returned to the Contractor. This procedure will be followed wherever construction water is needed. No exceptions to the rule will be sanctioned. If the meter is set on a fire hydrant, a valve shall be provided so that the flow of the water is not controlled by the operating nut on the fire hydrant. Where water is necessary only to settle dust on the street, at the request of the property owners, the Project Engineer or Project Inspector will notify the Contractor. The necessary application of water for dust shall be considered subsidiary to the other bid items listed in the Proposal and Bid Form of the Contract Agreement. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F 1.07 DETOURS AND BARRICADES: The Contractor shall, before closing any street or causing any obstruction to traffic on any street, furnish and erect suitable barricades and warning signs to protect the traveling public. The barricades and warning signs will be constructed, placed, and adequately maintained as directed by the Project Engineer. All barricades and warning signs shall conform to and be set in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) No direct compensation will be made to the Contractor for furnishing, installing, and maintaining barricades and warning signs and their subsequent removal. This is to be considered subsidiary to the several items for which unit prices are requested in the PROPOSAL. 1.08 TRENCH SAFETY: On all trenching in excess of five feet below existing grade, the Contractor shall comply with the standards promulgated by the Occupational Safety and Health Administration (OSHA), of the United States Government, regulating excavations, trenching and shoring. Contractors shall refer to and abide by all OSHA regulations published in 29 CFR 1926, et seq., July 1989 edition, and any revisions thereto published in the Federal Register which may become effective during the period of construction. The contractor's attention is directed to the separate Bid Item for trench safety systems, based on the linear feet of trench excavated, under which full payment will be made for trench safety systems, including any additional excavation and back fill required; sheeting, and bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment, acquisition of soils information and design of trench safety systems, and incidentals necessary to complete the work. Changes made in the trench safety system after the initiation of construction will not be cause for extension of time, claims for delay or approval of change orders. It is the sole duty, responsibility and prerogative of the Contractor, not the Owner or Engineer, to perform all trenching in a safe manner and in accordance with OSHA regulations. Any apparent unsafe trenching conditions observed by Owner, Engineer, or their representatives on the site, shall be reported to OSHA as well as to Contractor's job superintendent. Work stoppages or corrective actions required of contractor by OSHA shall not be cause for extension of time, claims for delay or approval of change orders. The Contractor shall indemnify and hold harmless the City, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under the Contract Agreement. The Contractor acknowledges and agrees that this indemnity provision provides indemnity for the City in case the City is negligent either by act or omission in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders and the hiring of the Contractor. 1.09 PRICE FOR MATERIALS AND STATE SALES TAX: After award of the Contract Agreement, the City of Anna will, on written request of the Contractor, furnish the Contractor with a certificate of exemption from Texas Limited Sales, Excise, and Use Tax in an amount not exceeding the above mentioned bid price for materials and other tangible personal DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F property as stated in the request form. Such written request must contain a statement to the effect that such materials or property have been or will be utilized in the performance of the Contract Agreement to the full extent of the amount for which a certificate of exemption is requested. 1.10 ACCESS TO PRIVATE PROPERTIES: The Contractor will put all private drives in an accessible condition to allow residents ingress and egress before leaving the job site for an extended period of time except during the pouring and curing of drive approaches. "Extended period of time" is defined as overnight, weekends, holidays, or periods of inclement weather. The Contractor will leave with the PROJECT ENGINEER the phone numbers of responsible persons available twenty-four (24) hours a day to handle emergencies concerning egress and ingress. If a vehicle becomes stranded due to an inaccessible condition, any legitimate claims arising from such conditions shall be the sole responsibility of the Contractor. If such claims are not settled prior to the monthly pay estimate, they shall be deducted from that estimate. 1.11 USE OF PRIVATE PROPERTY: The Contractor shall not at any time use private property to park or turn around construction vehicles or store equipment and/or materials without the written permission of the property owner involved. The Contractor shall not at any time use water metered by meters set for the property owners use without written permission of the property owner. 1.12 PROTECTION OF ADJOINING PROPERTY: The Contractor shall be responsible for the protection of all fences, trees, and other improvements on the property adjoining the construction sites from damage by the Contractor's equipment and men. 1.13 PROTECTION OF EXISTING UTILITIES: The Contractor shall make every effort to protect existing utilities. Telephone, gas, and electric lines occur within the construction limits of this project and should be avoided during construction. 1.14 CLEANUP: It is the intent of the Contract Agreement to ensure that an adequate cleanup job be performed by the Contractor as soon during the construction procedure as possible. Before the project is accepted by the City, all rocks, stones, and other construction debris shall be removed to the satisfaction of the Engineer. All necessary cleanup work shall be considered subsidiary to the various bid items on the Contract Agreement. 1.15 GOVERNING DOCUMENTS: The work shall conform to the requirements of these specifications and the details as shown on the drawings. These contract documents are intended to be complementary. Requirements of any of the contract documents are as binding as if called for by all. In the event of conflict between the Contract Agreement and any other contract documents, the Contract Agreement shall govern. In the event of conflict between the drawings and the specifications, the project engineer’s interpretation of the drawings shall have priority. In case of conflict between the referenced specifications and the project specifications, the project specifications shall govern. 1.16 SCHEDULE: The Contractor shall provide the project engineer with a schedule of the proposed work on a regular basis. 1.17 SAFETY: Safety precaution shall be used at all times during progress of the work. As appropriate, workman shall be furnished with hard hats, safety shoes, protective gloves, and any other safety apparel that the Contractor determines will reduce the possibility of accidents. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F The Contractor shall be solely responsible for ensuring the safety of its crew(s), employees and subcontractors, along with the safety of the public, as the work required by these contract documents is performed. 1.18 STOCKPILE/EQUIPMENT AREAS: It shall be the responsibility of the Contractor to secure stockpile areas and equipment storage areas. 1.19 BOUND COPY OF CONTRACT DOCUMENTS: Bidder understands and agrees that the Contract Agreement to be executed by offeror/bidder shall be bound and include the documents set forth as such in the Contract Agreement. 1.20 DRUG-FREE WORKPLACE POLICY: It is the Owner's policy to maintain a drug-free workplace. The Contractor agrees to implement during the progress of this Contract Agreement a drug-free workplace policy. The policy shall include the following provisions: A. Contractor shall have a drug-free workplace policy; B. Contractor shall have a drug awareness program; C. Contractor shall require all employees to receive a copy of the drug-free workplace policy; D. Contractor shall notify Owner of any employee conviction arising from drug use; E. Contractor shall make a "good faith" effort to continue to maintain a drug-free workplace. 1.21 TEXAS STATE SALES TAX: The Contract Agreement is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 1.22 LABOR AND WORKING HOURS: Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidder's attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes, providing for the payment of the wage schedules above mentioned and the Bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the Contract Agreement requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: A. The project being constructed is essential to the City of Anna's ability to provide the necessary service to its citizens. B. Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the time when the liquidated damages provisions of the Contract Agreement become applicable and Contractor can show he has made diligent effort to complete the project within the allotted time. Standard working hours are Monday through Saturday, 7:00 a.m. - 7:00 p.m., not including the following holidays: New Year's DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F Day, Dr. Martin Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. Any of these holidays falling within a weekend may be designated to a Monday or Friday at the discretion of the City. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Engineer not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Engineer to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Engineer. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property to life. 1.23 TWO-YEAR MAINTENANCE BOND: Prior to final acceptance the Contractor shall furnish the City of Anna a maintenance bond to guarantee against defects in the construction or equipment furnished for the project for one year following acceptance. The bond shall be executed by a surety company holding a license to do business in the State of Texas and acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the Contract Agreement. 1.24 AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990"." 1.25 USE OF SUBCONTRACTORS: Upon award of bid, Contractor shall provide City with a list of all possible subcontractors the Contractor may use for the project. City reserves the right to exclude any subcontractor from the project that it reasonably deems unacceptable for the project. The City shall notify contractor in writing of its intent to exclude any subcontractor. By submitting the subcontractor bid number the Contractor confirms a minimum of two successful project experiences with the submitting subcontractor. Subcontractors are required to register with the City of Anna. 1.26 RIGHT TO SHUT DOWN: The City, through its owner representative or otherwise, reserves the right to shut down the project. 1.27 UNCONTROLLABLE CIRCUMSTANCES: In the event a Party hereto cannot fully perform its obligations hereunder due to the intervention of an "Uncontrollable Circumstance", as that term is defined below, then, providing such Party has fully complied with the provisions of this section, such Party shall be excused from such performance but only to the extent and only in the manner set forth herein. For the purposes of this Agreement an Uncontrollable Circumstance shall mean: A. With respect to the Contractor: DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F 1. An Act of God in the form of an unusually severe storm, or flood, or fire or similar event, that could not have been anticipated or guarded against which materially affects the work site, including access or egress thereto; 2. A riot or war situation actually involving the site or actually preventing the Contractor from working on the site, but not including any situations involving suppliers off-site other than those essential suppliers set forth in Exhibit A*; 3. An unanticipated strike involving the forces actually working on the project or involving the employees of those essential suppliers set forth in Exhibit A*, but no other labor stoppage. * Contractor must set forth essential suppliers in an Exhibit C within five (5) business days of award of final contract. Provided however, that no such claimed Uncontrollable Circumstance shall be deemed an Uncontrollable Circumstance for the purposes of this Agreement unless such event actually and directly necessitated a delay in the work around the delays resulting from such Uncontrollable Circumstance. B. With respect to the Owner, an Uncontrollable Circumstance shall mean: 1. The inability to deliver the Site to the Contractor as scheduled due to the intervention of a third Party such as a Court or an agency of a higher level of government. 2. The inability of the Owner to perform its oversight, review and approval functions due to the actual strike of its employees or those of its essential consultants employed for such purpose, but only for such reasonable period of time as might actually be required to replace such forces. In the event either Party is he victim of an Uncontrollable Circumstance as that term is defined above, such Party shall put the other on written notice as soon as practicably possible. Such notice shall specify the Uncontrollable Circumstance and the anticipated affect it will have on that Party's abilities to perform its obligations under the Contract Agreement. As soon thereafter as is practical, but in any event within ten (10) days of such Uncontrollable Circumstance, the affected Party shall provide the other Party, in writing, with its plan to deal with the affects of such Uncontrollable Circumstance and with its proposed amendments to all affected schedules necessarily resulting therefrom. 1.28 CONSTRUCTION SUPERVISION: The Contractor will, at all times, maintain one project superintendent per project who will provide the following functions. He/she will be on site when and where construction activity occurs. He/she will maintain communication with all subcontractors and contractor employees performing construction activities. He/she will be available 24 hours a day, for the duration of the project, for emergency calls concerning events at project sites. He/she will accept no additional responsibility from the Contractor which would inhibit the performance of the above stated functions. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F In the event that the project consists of multiple sites, the project superintendent will identify to the Owner a responsive person at each site with construction activity. The project superintendent will maintain communication with that responsible person during all construction activity. In this even, the project superintendent will not be identified as a responsible person for any given site. If the Owner determines that the performance of the above functions is not being maintained at any time, the Owner reserves the right to shut down the project, at the contractor’s expense, until performance of said functions is restored. 1.29 CONFINED SPACE POLICY: CONTRACTOR will be responsible for the establishment and coordination of and required compliance with a Confined Space Entry Program as required by federal law and City ordinance and shall inform the OWNER of said program. CONTRACTOR will obtain any available information regarding permit space hazards from the OWNER and will coordinate all entry operations with the OWNER. CONTRACTOR shall provide, install, operate, and maintain such monitoring, ventilation, and personal protective equipment to provide access to any and all confined space as required by Contractor's Confined Space Entry Program. Said equipment shall meet or exceed the requirements of the Occupational Safety and Health Act (OSHA), federal, state, and local authorities. CONTRACTOR shall provide labor, equipment, and materials necessary to place, operate, and maintain the said equipment as necessary for entrance into confined spaces by the CONTRACTOR or OWNER. At no time shall work be done by the CONTRACTOR within confined spaces without providing said equipment. Payment for this item shall be subsidiary to all other pay items. 1.30 TEMPORARY SUSPENSION OF WORK: CONTRACTOR may from time to time be required by OWNER to temporarily suspend project operations in one area and to commence or continue project operations in another area. OWNER may make such requirement for any reason which OWNER deems reasonable and/or necessary, including but not limited to as a result of a court order, failure by the OWNER to secure the necessary easements, right of way, or permits required, conflicts between existing or contemplated utilities and the work, and Acts of God. Such requirement may be oral or may be in writing. In the event that the CONTRACTOR is delayed for sixty (60) or less days as a result of any temporary suspension as described above, CONTRACTOR shall not be entitled to nor shall such delay serve as the basis as a claim for additional compensation to CONTRACTOR or damages for mobilization, re-mobilization, or any other damages sustained or alleged to have been sustained by CONTRACTOR. 1.31 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) days after the CONTRACTOR has given written notice that the work has been completed, or substantially completed, the Engineer and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Engineer shall issue to the OWNER and the CONTRACTOR his Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non-acceptance. 1.32 FINAL PAYMENT: Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement of the value of all work DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of the Contract Agreement; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 1.33 PAYMENTS WITHHELD: The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the Contract Agreement amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. Section 2. TECHNICAL SPECIFICATIONS 2.01 PURPOSE OF TECHNICAL SPECIFICATIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications (“Standard Specifications”), which include the Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the the Supplementary General Provisions and these Technical Specifications; provided that where any discrepancies occur between the Technical Specifications, the Supplementary General Provisions and/or the Standard Specifications, these Technical Specifications shall govern. The Technical Specifications are included herein for the purpose of adapting the Supplementary General Provisions to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 2.02 PROJECT SIGNS: The Contractor on this project shall provide and erect up to two (2) project signs as required. Generally, project sign shall be located at the beginning and end of the project street sections and on major intersecting streets. Locations of signs will be as indicated by the Owner's representative. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F The sign shall be substantially in accordance with the drawing enclosed as part of these specifications. Construction shall be on 3/4" weatherproof (marine) plywood and the painting shall be accomplished with good quality paint which will not weather or fade excessively during life of contract. Sign colors shall be as indicated or equivalent color values as provided by other manufacturers. Signs shall be placed in prominent locations and maintained in good condition until the completion of the project. Damaged or defaced signs will be repaired within two working days at the Contractor's expense. The cost of the sign(s) shall be considered subsidiary to the unit prices bid on this project, unless otherwise noted. Signs shall become the property of the City of Anna after completion of the project. 2.03 FLEXIBLE BASE GENERAL INFORMATION: All Flexible Base shall be provided in accordance with TXDOT ITEM 247. 2.04 MATERIALS AND EQUIPMENT: The Contractor shall be free to secure the approved materials, equipment and articles from sources of his own selection. However, if the Owner finds that the work shall be delayed or adversely affected in any way because a selected source of supply cannot furnish a uniform product in sufficient quantity and at the time required and a suitable source does exist, or the product is not suitable for the work, the Owner shall have the right to require the original source of supply changed by the Contractor. The Contractor shall have no claim for extra cost or damage because of this requirement. The Contractor warrants to the Owner that all materials and equipment furnished under this Contract Agreement shall be new unless otherwise specified in the contract documents; and that same shall be of good quality and workmanship, free from faults and defects and in conformance with the contract documents. All materials and equipment not conforming to these requirements, including substitutions and not properly approved and authorized, may be considered defective, and shall be promptly repaired or replaced by the Contractor at the Contractor’s sole cost upon demand of the Owner. If required by the Owner, the Contractor shall furnish evidence as to the kind and quality of materials and equipment. 2.05 WORKMANSHIP: The Contractor shall furnish the Owner with every reasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. Any work done (except excavation) or materials used without suitable inspection by the Owner may be ordered removed and replaced at the Contractor’s expense. The Contractor shall promptly correct or replace all work rejected by the Owner as defective or as failing to conform to the contract documents whether observed before or after substantial completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work, including costs incurred for additional services necessary thereby. 2.06 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor’s expense. Defective materials shall be immediately removed from the site of the work. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials, DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F immediately after receiving notice to the Owner, the Owner shall, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any monies due or to become due the Contractor. Alternatively, the Owner may, at its option, declare the Contractor in default, in which event the performance bond surety shall complete the contract. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F RFP - SITE LOGISTICS PLAN A Site Logistics Plan has been provided for reference and feedback. The City of Anna has a Right-of-Way (ROW) project adjacent to the Anna Community Library and Plaza projects; the work will be completed by another contractor and is not in this scope of work. The new road construction is expected to start on S. Riggins St., (between W 5th St and W 7th St), then W 5th St (from S Powell Pkwy to S Riggins St), then complete W 7th St (from S Powell Pkwy to S Riggins St). The ROW project is expected to begin construction on November 1, 2023 and have a duration time of approximately 6 months. Therefore, ROW work will be taking place concurrently with the Anna Library and Plaza projects. As a result, the selected contractor will have to regularly meet and coordinate with the ROW contractor. Site access will be limited during the ROW construction work. Once the ROW construction work has been completed, the awarded Library and Plaza contractor will have access to a designated portion of the ROW for staging. Staging areas and construction access to the Library and Plaza construction site will change, at least once, as a result of the ROW construction project. The City of Anna expects the two contractors to work together to coordinate access, deliveries, and limits of construction for all projects involved. The City of Anna will require a meeting with both contractors and Project Advocates prior to starting the Library and Plaza projects for initial coordination; thereafter regular coordination and communication is expected for all parties. The items shown on the provided Site Logistics Plan are proposed and open to discussion. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F wwLPLPLPLPLPLPLPLPLPLPLPLPPPFDCLPLPLPLPLPGLPLPLPLPLPLP8W8W8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W BM 1FHLPLPwwLPLPLPLPLPLPLPLPLPLPLPLPPPFDCLPLPLPLPLPGLPLPLPLPLPLP8W8W8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W BM 1FHLPLP6W 6W8W8W8W8W8W8W8W8W8W8W8W8W8W8WTTTTTTTT 'A''A''A''A''A''C''B''B''B''B''B''C''C''C''C''C'5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773 ph 817.336.2813 fxwww.tnpinc.comteague nall & perkins100% CONSTRUCTION DOCUMENTSCITY OF ANNA PLAZA REVISIONSDIRECTORPROJ. ENG.DRAWN BYDESIGNERISSUE DATESEPT 21, 2023JWNWHSSHEET TITLEPROJECT NO.ANN23112SHEET NO.111 W FIFTH ST. ANNA, TX 75409LOGISTICS PLANPROPOSED SITE LOGISTICS PLAN FOR THE ANNA COMMUNITY LIBRARY AND ANNA PLAZA PROJECTSLIBRARY CONSTRUCTION &STAGING AREA CONTAINMENTUNTIL ROW WORK - PHASE 1(BY OTHERS) IS COMPLETEDLIBRARY LAYDOWN AREA UNTILROW WORK (BY OTHERS) ISCOMPLETEDLIBRARY LAYDOWN & STAGINGAREA WILL MOVE AFTER ROWWORK (BY OTHERS) ISCOMPLETELIBRARY CONTRACTORPARKINGROW (BY OTHERS) STAGINGAREAPROPOSED INITIALCONSTRUCTION ACCESS UNTILRIGGINS ST. ROWCONSTRUCION (BY OTHERS) IS COMPLETEPROPOSED CONSTRUCTIONACCESS AFTER RIGGINS STROW CONSTRUCTION (BYOTHERS) IS COMPLETELIBRARY CONSTRUCTION STAGE TWO FENCING LIMITS(WHEN 5TH ST ROW WORK ISCOMPLETED, BY OTHERS)DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F RFP PROJECT SCHEDULE The attached Project Schedule is attached for reference and is subject to change. The schedule combines the construction for both the Library and the Plaza. DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F IDTask ModeTask Name Duration Start Finish Predecessors1Anna Community Library Schedule879 daysTue 9/21/21Fri 1/31/252City of Anna Requirements426 daysTue 9/21/21Tue 5/9/2311Programming in conjuction with 720 Design71 daysTue 1/11/22Tue 4/19/2224Development of Project Charter150 days?Wed 10/13/21Tue 5/10/2236Design Phase359 days?Wed 5/11/22Mon 9/25/23116Permitting31 daysFri 9/22/23Fri 11/3/23117Submit Permit Package - Building2 daysFri 9/22/23Mon 9/25/231061181st Round of City Comments9 daysTue 9/26/23Fri 10/6/23117119Permit Comments/Changes30 daysFri 9/22/23Thu 11/2/23117SS120Permit Approval1 dayFri 11/3/23Fri 11/3/23119121GC Bidding & Procurement98 daysWed 9/13/23Fri 1/26/24122Publish Advertisement10 daysWed 9/13/23Tue 9/26/23117SS-7 days123Issue RFP 1 dayWed 9/27/23Wed 9/27/23122124Pre-Bid Meeting/Site Walkthrough(s)1 dayTue 10/3/23Tue 10/3/23123FS+3 days125Bidding - 1st15 daysWed 9/27/23Tue 10/17/23123SS126Bid Q&A Period7 daysWed 9/27/23Thu 10/5/23125SS127Addendum Issued/if needed4 daysMon 10/9/23Thu 10/12/23126,118128GC Bids Due1 dayWed 10/18/23Wed 10/18/23125129REBID PROCESS13 daysThu 10/26/23Mon 11/13/23128FS+5 days130PA Bid Vetting1 dayTue 11/14/23Tue 11/14/23129131GC Interview - TBD1 dayWed 11/15/23Wed 11/15/23130132GC Selection 5 daysThu 11/16/23Wed 11/22/23131133City Council Work Session & Approval GC Contract5 daysWed 12/6/23Tue 12/12/23132FS+9 days134NOI to Selected GC3 daysWed 12/13/23Fri 12/15/23133135GC Contract Execution3 daysWed 12/13/23Fri 12/15/23133136Procurement/Buyout30 daysMon 12/18/23Fri 1/26/24135137Construction - TBD421 daysThu 7/20/23Thu 2/27/25138Construction Time - TBD280 daysMon 12/18/23Fri 1/10/25120,135139Mobilization 10 daysMon 12/18/23Fri 12/29/23138SS140Install SWPPP4 daysMon 12/18/23Thu 12/21/23139SS141Clear & Grub7 daysFri 12/22/23Mon 1/1/24140142Rough Grading15 daysTue 1/2/24Mon 1/22/24141143Pad Prep20 daysTue 1/23/24Mon 2/19/24142144Site Work100 daysThu 7/20/23Wed 12/6/23149Structure235 daysTue 2/20/24Mon 1/13/25157Activation302 daysFri 11/24/23Mon 1/20/25163Punch List & Close Out48 daysTue 12/24/24Thu 2/27/25164Punch List 20 daysTue 12/24/24Mon 1/20/25155165Final Inspections5 daysTue 1/21/25Mon 1/27/25164166Substantial Completion3 daysTue 1/28/25Thu 1/30/25165167MOVE IN20 daysFri 1/31/25Thu 2/27/25166SONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAHalf 1, 2022Half 2, 2022Half 1, 2023Half 2, 2023Half 1, 2024Half 2, 2024Half 1, 2025TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual Progress Anna Community Library & Anna PlazaProject SchedulePROVIDED IN THE RFP FOR REFERENCE ONLY (DATES ARE SUBJECT TO CHANGE)Page 1Thu 10/26/23Project: Anna Community LibraryDate: Thu 10/26/23DocuSign Envelope ID: B49EC3B7-7571-42CF-A8D1-3C262D70CA5F CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE CONSTRUCTION CONTRACT FOR THE ANNA COMMUNITY LIBRARY AND MUNICIPAL COMPLEX PLAZA TO McCOWNGORDON CONSTRUCTION, LLC; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Anna Community Library and Municipal Complex Plaza are identified as Community Investment Program construction projects in the City of Anna, Texas; and, WHEREAS, the City completed a publicly advertised best value bid process for the construction project, and opened the bids on November 13, 2023; and, WHEREAS, four bids were received, and all four bidders were interviewed and scored based on price, current workload, reputation, safety record, project team experience, and references; and, WHEREAS, McCownGordon Construction, LLC, was the highest scoring bidder in the best value review process; and, WHEREAS, the guaranteed maximum price of $16,170,602 identified in the attached construction contract is within the adopted budget for both projects; and, WHEREAS, funding for the project is included in the adopted Fiscal Year 2023-2024 Budget, as shown in the City of Anna Capital Improvement Plan; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Award and Funding. That the City Council of the City of Anna hereby awards the contract for the construction of the Anna Community Library and Municipal Complex Plaza to McCownGordon, LLC. That funding for the Anna Community Library Project shall come from General Obligation Bond Funds as adopted in the Capital Improvement Plan included in the FY23-24 Fiscal Year Budget. That funding for the Municipal Complex Plaza construction project shall come from the Economic Development Corporation Funds and PID Funds as adopted in the Capital Improvement Plan included in the FY23-24 Fiscal Year Budget. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of December 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Senior Transit Discussion AWARD CONTRACT CONSTRUCTION OF ANNA COMMUNITY LIBRARY & MUNICIPAL COMPLEX PLAZA CITY COUNCIL December 12, 2023 Overview •Project Location •Project Scope •Community Driven Design •Design Team •Renderings •Project Funding •Bid Process & Contractor Selection •Staff Recommendation Project Location PLAZA LIBRARY Project Scope - Library Project Scope - Plaza •Great Lawn with artificial turf – for hosting events and gatherings •Pedestrian paving improvements connecting to 5th Street/Interurban •Diverse seating options •Trees and landscaping •Lighting •Veteran’s Tribute Community Driven Design •In November of 2021, the City Council selected members of the community to participate in the development of a project charter for the library, perform outreach to the community, and provide input on the scope and design. •The Anna Public Library Engagement Task Force Members included: •Kevin Toten •Elden Baker •Danny Ussery •Kylee Kelley •Alfredo Fernandez •Mackenzie Jenks •Kelly Herndon-Patterson •Alexia Swanpool •Dr. Brad Duncan •Other input opportunities included: •5 community input meetings (in-person and virtual) •Online surveys •Public meetings Project Team Renderings - Library Renderings - Plaza Project Funding •Library - $22M – voter approved bonds (2021 Bond Election) •Plaza - $3.5M •$2M – Anna EDC Funds •$1.5M – Park Development Funds Bid Process & Contractor Selection •The City publicly advertised the project for bid with the selection to be determined by “best value” in accordance with Texas Local Government Code. •Four bids were received – all were in line with the overall project budget. •The team interviewed all four bidders and scored the bidders based on the following criteria: •Price •Current workload •Reputation •Safety record •Project team experience •References •Based on the cumulative scores, McCownGordon Construction, LLC, was found to be the highest scoring bidder. Staff Recommendation & Next Steps •Staff has reviewed the recommendation received from Project Advocates and concurs with the collective scoring. Staff recommends awarding the construction project to McCownGordon Construction, LLC. •If approved, the City will work with Project Advocates and McCownGordon to develop a construction schedule and determine a proper date for a groundbreaking ceremony. Item No. 7.f. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Wes Lawson AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an Impact Fee Reimbursement Agreement with Bluestone Partners, LLC for the construction of public roadway and water improvements. (City Engineer Wes Lawson) SUMMARY: Bluestone Properties, LLC is developing property adjacent to Buddy Hayes Boulevard south of White Street (FM 455) in Anna, Texas. As a part of their project, they will be constructing water and roadway improvements which have been identified in the City of Anna's Water Master Plan and Master Thoroughfare Plan. The most significant of these improvements is the extension of Buddy Hayes from FM 455 to the project's southern property line. FINANCIAL IMPACT: The infrastructure projects included in the agreement will be paid for through impact fee reimbursements collected from the subject property and adjacent properties. The City will reimburse the developer on a quarterly basis from collected fees from the adjacent properties for water and roadway impact fees in accordance with the City of Anna Water Master Plan and Master Thoroughfare Plan. BACKGROUND: The agreement is in-line with the City Council's objective of growth paying for growth. The water and roadway improvements constructed through the agreement will benefit the Bluestone property and the adjacent properties, allowing for the highest and best- use development to take place near the intersection of FM 455 and US 75 STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Bluestone Impact Fee Agreement 2. Impact Fee Reimbursement Agreement -Walgreens vBluestone_12.5.23 3. Impact Fee Reimbursement - Bluestone Presentation 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPACT FEE REIMBURSEMENT AGREEMENT WITH BLUESTONE PARTNERS, LLC, FOR THE DESIGN AND CONSTRUCTION OF PUBLIC ROADWAY AND WATER SYSTEM IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Buddy Hayes Boulevard south of FM 455 is shown in the Master Thoroughfare Plan and the 10-year Capital Improvement Plan for the City of Anna, Texas; and, WHEREAS, a 12-inch water main along Buddy Hayes Boulevard south of FM 455 is shown in the Water Master Plan and the 10-year Capital Improvement Plan for the City of Anna, Texas; and, WHEREAS, the City has identified the projects as critical infrastructure projects for the City; and, WHEREAS, Bluestone Partners, LLC, agrees to construct the projects in accordance with the City master plans subject to the reimbursement of roadway impact fees and water impact fees in accordance with State Law; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute the Impact Fee Reimbursement Agreement. That funding for the reimbursement shall come from Roadway Impact Fees and Water Impact Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of ________ 2023. 2 ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike 3 Exhibit A (see attached Impact Fee Reimbursement Agreement) Roadway Impact Fee Reimbursement Agreement – Page 1 ROADWAY AND WATER IMPACT FEE REIMBURSEMENT AGREEMENT This Impact Fee Reimbursement Agreement (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and Bluestone Partners, LLC, a Texas Corporation (the “Developer”). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof; and WHEREAS, Developer desires to develop certain real property in Collin County, Texas, composed of approximately 2.131 acres of land out of the Thomas Rattan Survey located entirely within the City of Anna, more particularly described in the attached Exhibit A (the "Property"); and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS City Approval Date has the meaning ascribed to that term in Section 3(a). City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the City. Collected Roadway Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Collected Water Impact Fees shall have the meaning ascribed to that term in Section 5(b)(1). Developer’s Design and Construction Cost, with respect to the Roadway Project and the Water Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, land surveying, and construction of the Roadway Project and the design and construction upsize cost from an 8-inch water main to a 12-inch water main for the Water Project, which shall Impact Fee Reimbursement Agreement- Page 2 generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit D. City inspection fees shall not be included in Developer’s Design and Construction Cost. Final Roadway Reimbursement Amount, with respect to the Roadway Project, means a dollar amount equal to the lesser of the Developer’s Design and Construction Cost or the total amount of Roadway Impact Fees collected from the development of the property by the City. Final Water Reimbursement Amount, with respect to the Water Project, means a dollar amount equal to the lesser of the Developer’s Design and Construction Cost of the Water Improvements or the total amount of Water Impact Fees collected from the development of the property by the City. Reimbursement has the meaning ascribed to that term in Section 4(b)(1) and Section 5(b)(1), respectively. Reimbursement Area has the meaning of being the subject property and all adjacent real properties as shown in Exhibit E (highlighted in red), from which roadway impact fees received by the City shall be reimbursed to Developer until the total reimbursement defined in Section 4(b)(1) and Section 5(b)(1) have been met. Roadway Improvements means design, surveying, testing, right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project in accordance with the City of Anna Engineering Design Standards. Roadway Project means the design and construction of approximately 436 linear feet of Buddy Hayes Boulevard and connecting driveway approaches from White Street to a point approximately 436 feet south of White Street; said project being more particularly depicted and described as the Roadway Improvement in Exhibit B, attached hereto, and in accordance with construction plan(s) approved by the City. Water Improvements means the upsize cost for the design, surveying, testing, and installation of approximately 420 feet of a 12-inch PVC water main instead of an 8-inch PVC water main, including valves, hydrants, appurtenances, and connection to the existing City public water system, along the eastern side of Buddy Hayes Boulevard in accordance with the City of Anna Engineering Design Standards, and any other improvements necessary for a complete public water system for the Water Project. Water Project means the design and construction of the Water Improvements generally described and depicted in Exhibit C, attached hereto, and in accordance with construction plan(s) approved by the City. Impact Fee Reimbursement Agreement- Page 3 SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project and the Water Project, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer’s Design and Construction Cost. The City Manager shall review the documentation provided and shall approve or deny Developer’s Design Cost within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld). If the City Manager takes no action within such fifteen (15) day period, the documentation and Developer’s Design Cost shall be deemed approved. Upon approval (or deemed approval) of Developer’s Design Cost, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Roadway Project and the Water Project (referred to as the "City Acceptance Date"). (b) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (c) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when the Roadway Project is under design: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Roadway Project design contracts, whether by Developer, a contractor, subcontractor, engineer, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of design contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non-renewal or modification of the same, the City shall receive written notice of such cancellation, non-renewal or modification. (d) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY Impact Fee Reimbursement Agreement- Page 4 DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. IF THE ROADWAY PROJECT IS CONSTRUCTED BY DEVELOPER AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN OF THE ROADWAY PROJECT BY DEVELOPER AND THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER’S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL ONLY APPLY TO DEVELOPER IF DEVELOPER CONSTRUCTS THE ROADWAY PROJECT. SECTION 4 ROADWAY PROJECT (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to design and construct the Roadway Improvements. Developer agrees to commence design within 60 days of execution of this agreement. (b) City Obligations (1) In accordance with City Regulations and state law, the City shall provide the Roadway Impact Fee Reimbursement to Developer in an estimated reimbursement cost of seven hundred one thousand nine hundred twenty-six dollars seventy-one cents ($701,926.71) Impact Fee Reimbursement Agreement- Page 5 until the Final Reimbursement Amount for engineering design and construction has been paid in full. (2) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement shall expire on December 31 in the tenth year after the City Approval Date. SECTION 5 WATER PROJECT (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to design and construct the Water Improvements. Developer agrees to commence design within 60 days of execution of this agreement. (b) City Obligations (1) In accordance with City Regulations and state law, the City shall provide the Water Impact Fee Reimbursement to Developer in an estimated reimbursement cost of thirty thousand forty-nine dollars ($30,049.00) for the upsize cost from an 8-inch water main to a 12-inch water main, until the Final Reimbursement Amount for the design and construction of the Water Improvements has been paid in full. (2) Notwithstanding Section 5(b)(1) above, the Reimbursement authorized by this Agreement shall expire on December 31 in the tenth year after the City Approval Date. SECTION 6 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. SECTION 7 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 8 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 9 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Impact Fee Reimbursement Agreement- Page 6 SECTION 9 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager 120 W. Seventh Street Anna, TX 75409 If to Developer: Bluestone Partners, LLC Attn: Kyle Boothe 4708 North FM 1417 Sherman, TX 75092 (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. Impact Fee Reimbursement Agreement- Page 7 (h) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (l) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Impact Fee Reimbursement Agreement – Signature Page CITY OF ANNA By: Ryan Henderson, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned notary public, on the ______ day of ___________, 2023, personally appeared _____________, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Interim City Manager of the City of Anna, Texas. Notary Public, State of Texas (SEAL) Impact Fee Reimbursement Agreement – Signature Page ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B - Roadway Project Exhibit C – Water Project Exhibit D – Cost Estimate (including design and construction) Exhibit E – Reimbursement Area Impact Fee Reimbursement Agreement – Exhibit A EXHIBIT A The Property Impact Fee Reimbursement Agreement – Exhibit B EXHIBIT B The Road Project Impact Fee Reimbursement Agreement – Exhibit C EXHIBIT C Water Project Impact Fee Reimbursement Agreement – Exhibit E EXHIBIT D Breakdown of Costs Impact Fee Reimbursement Agreement – Exhibit E EXHIBIT E Reimbursement Area Senior Transit Discussion IMPACT FEE REIMBURSEMENT AGREEMENT BLUESTONE PARTNERS CITY COUNCIL December 12, 2023 Project Location Proposed Buddy Hayes Improvements (4-lane, undivided roadway) Proposed 12” Water Main Item No. 7.g. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Ryan Henderson AGENDA ITEM: Consider/Discuss/Action on Vote for the Texas Coalition for Affordable Power Board of Directors. (City Manager Ryan Henderson) SUMMARY: Election of seven members to TCAP Board of Directors for the 2024-2025 term of office. There are seven terms expiring and there are eight candidates. The ballot must be returned by January 5, 2024. Biographies are attached. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: TCAP is run entirely by its members. TCAP’s 15-person Board of Directors, consisting solely of member city staff and elected officials, is elected by its members to govern the organization. Board membership is structured to ensure that both large and small members are represented and the Board of Directors meets once per month throughout the state. The Board’s guiding purpose and objective are to pursue low-cost power options for members while maintaining price stability with minimal risk that could impact the annual city budgets of members. Its secondary objective is to advocate market reforms that enhance competition for the benefit of all consumers. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. 2024-2025 TCAP BOARD BALLOT 2024-2025 TCAP Board Ballot BALLOT – 2024/2025 TCAP BOARD OF DIRECTORS Instructions for Voting: Only one ballot per member city/entity. The member representative is entitled to cast seven for the seven current positions. PLEASE BE SURE THAT NO MORE THAN SEVEN CANDIDATES HAVE BEEN CHECKED! Ballots with more than seven cast votes will be rejected. No more than one vote may be cast for the same nominee. Places 2, 4, and 6 will be filled by the three candidates in the high consumption (HC) category receiving the most votes. Place 8 will be filled by the candidate in the medium consumption (MC) category receiving the most votes. Place 10 will be filled by the candidate in the low consumption (LC) category receiving the most votes. Places 12 and 14 will be filled by the two candidates receiving the most votes but who were not elected to a particular consumption category. The exception to this rule is the requirement in TCAP Bylaws that stipulates the board of directors include at least one member from each of the four ERCOT zones (North, South, West, and Houston). Nominees who are incumbents (I) are noted on the ballot. . (Vote for seven) Names were randomly drawn for ballot order □ Darron Leiker, Wichita Falls – HC (I) □ John Beckmeyer, Odessa – HC □ David Esquivel, Tomball – MC (I) □ Roy Rodriguez, McAllen – HC (I) □ Gary Broz, Edna – LC (I) □ Denise Hickman, Duncanville – MC □ Robert Hemminger, Iowa Colony -- LC □ Courtney Alvarez, Kingsville – MC (I) Please complete and return by 5 p.m. C.S.T., Friday, January 5, 2024 to: Omar Williams, TCAP Secretary 15455 Dallas Parkway, Suite 600 Addison, TX 75001 or owilliams@tcaptx.com You may also submit in person by 11:00 a.m. at the January 12, 2024 TCAP Annual Membership Meeting Submitted by (MUST BE COMPLETED): Printed Name Signature Member City/Entity: Submit Ballot 2024/2025 TCAP Board Biographies (alphabetical order) Courtney Alvarez, City of Kingsville Courtney Alvarez is the City Attorney for the City of Kingsville, Texas. She has served as a city attorney for Kingsville since 2000. She received a BBA in International Business and a BBA in Finance from the University of Texas in Austin. Courtney attended law school at the South Texas College of Law in Houston and interned at the Texas Supreme Court. Prior to her career in Kingsville, she worked at an insurance defense firm in Corpus Christi. She was involved with the South Texas Aggregation Project (STAP) from its creation in 2001 to its later merger with Cities Aggregation Power Project (CAPP) in 2011 to form TCAP. Courtney has served on the TCAP Board of Directors since its formation in 2011. She has been licensed to practice law in the State of Texas for over twenty-five years. Courtney is a member of several professional organizations which include the State Bar of Texas, the Texas Bar College, the Texas Municipal Courts Association, the International Municipal Lawyers Association, the Texas City Attorneys Association, and the Texas Bar Foundation. She currently serves as the TCAP President. John Beckmeyer, City of Odessa John Beckmeyer currently serves as the City Manager of Odessa being appointed to the position in August 2023 after serving as the Executive Director of the Republican Party of Texas. Mr. Beckmeyer’s corporate experience encompasses roles such as Chief Operating Officer/Vice President of Operations at Musketball Group/Stem Software, Senior Network Designer at JP Morgan Chase, and Information Technology Vice President Operations at CompuBank, NA. Mr. Beckmeyer is also an active participant in the community serving on the State Republican Executive Committee from 2014 to 2016, and chairman of the Workforce Solutions of West Central Texas in 2014-2015. He has also served as Secretary/Treasurer of the American Meat Goat Association from 2006 to 2009. Mr. Beckmeyer received an Associated Science degree from Western Texas College and a Bachelor’s in Science from Sam Houston State University. . Gary Broz, City of Edna Gary was born on September 15, 1955 in San Angelo, Texas. Gary and his siblings grew up in San Angelo. He graduated from Paint Rock High School. Gary went onto college in Sul Ross State University in Alpine, Texas where he graduated in 1977 with a bachelor’s degree. After school, came back home to the family farm and ranch. Mid 1980's were bad farming years. He went to work outside the family farm as General Manager at Paint Rock Wool Warehouse where they brokered wool, lamb feed lot, general store and automotive center. In 1987, Gary went to work for the City of Brady. He began as Purchasing Agent moved up to Director of Public Works. He soon became Assistant to the City Manager, then Assistant City Manager and was promoted to City Manager in 1997. 2024/2025 TCAP Board Biographies (alphabetical order) After leaving Brady in November 2000 and accepted the position as City Manager in Port Lavaca where he worked there until November 2009. Gary and his wife moved to Liberty. He continued his career as City Manager in Liberty until retirement in 2018. After retiring, he and his wife, moved outside Columbus, Texas to start enjoying retirement. In July 2018, Gary was asked to be the City Manager in· Eagle Lake, Texas where he worked until May 2019. The City of Edna proudly hired Gary to be their City Manager where he is now. Gary has been married to Georgia for forty-one (41) years. They have two children. Their daughter, Shawna and her husband live in Ganado, Texas while son, Jonathan and grandson live in Port Lavaca, Texas. David Esquivel, PE City of Tomball David Esquivel currently serves as City Manager for the City of Tomball. David previously served the City of Cleburne for 11 years in various capacities including Public Works director and Assistant City Manager. David came to the City of Tomball as the Public Works director and then served as the Assistant City Manager before the City Council appointed him as the City Manager in July 2021. David holds a Bachelor of Science degree in civil engineering from Texas Tech University and is a registered professional engineer. David has a wonderful wife, Brandilyn, and blessed with 3 terrific kids. Twin daughters Nadia and Sophia and a son Joaquin. Robert Hemminger, City of Iowa Colony Robert Hemminger currently serves as the City Manager of the City of Iowa Colony. Mr. Hemminger has served as the City Manager of Iowa Colony since 2021 and has over twenty (20) years of experience with municipalities. Before accepting the position as City Manager with the City of Iowa Colony, Texas, he served as the Director of Emergency Services and Acting City Manager in the absence of the City Manager for the City of Deer Park. He managed and directed the City of Deer Park’s Fire, EMS, Fire Marshal, and Emergency Management departments, he was also appointed as the Emergency Management Coordinator, where he was responsible for planning and leading the responses to natural disasters and other emergencies. Robert holds a Bachelor’s in Public Service Leadership from the University of Houston – Clear Lake and a Master of Business Administration from Texas A&M – Corpus Christi. Denise Hickman, City of Duncanville Denise Hickman is the current Controller of the City of Duncanville and is responsible for financial reporting, accounts payable, general ledger, treasury management, and investments. She has also served as the Interim Managing Director of Fiscal Services in the City of Duncanville, leading the division of Accounting and Reporting, which includes the Controller, Budget, Procurement, Municipal Courts, and Utility Billing departments. She has been with the City since August 2022. Mrs. Hickman has served in similar positions over her 30-year career in public service at Dallas County Schools, Dallas Independent School District, and the City of Dallas. She earned her 2024/2025 TCAP Board Biographies (alphabetical order) bachelor’s degree in business administration with a major in Accounting from Texas A & M, Commerce. Darron Leiker, City of Wichita Falls Darron Leiker has served as City Manager in Wichita Falls for 16 years. He oversees 1,240 employees and an annual budget of $232 million. He was an Assistant City Manager here for three years before that. Darron has over 25 years of local government experience, in Texas and Kansas. He has a Master of Public Administration degree and is a Credentialed City Manager by the International City Management Association (ICMA), a distinction held by less than 13% of members. Darron is also a graduate of the Senior Executive Institute at the University of Virginia. Roy Rodriguez, City of McAllen Since March 2014, Roel Roy Rodriguez, P.E., has served as City Manager for the City of McAllen. Reporting directly to the Mayor and City Commission, Mr. Rodriguez manages 35 departments including two international ports of entry, an international airport, a municipal golf course, and the Convention Center District, and has direct oversight over the City’s $667 million budget. Mr. Rodriguez has over 35 years’ experience managing diverse fiscal, environmental, and community areas. He previously served as General Manager for the McAllen Public Utility where he oversaw all water and wastewater operations. He previously worked as the City Engineer, Assistant City Manager, and City Manager in Harlingen; the City Engineer in Weslaco; Jefferson County Engineer in Texas; and as Area Engineer in Oklahoma. Mr. Rodriguez has a Bachelor of Science in Civil Engineering from Texas A&I University and a Master of Public Administration from the University of Texas-Pan American. He served on the Texas Municipal Retirement System (TMRS) Board of Trustees from 2005 to 2018, to which he was appointed by Governor Rick Perry in 2005. He was also appointed by Governor Rick Perry in 2009 to serve on the Rio Grande Regional Water Authority. Mr. Rodriguez is a member of the engineering advisory council at the University of Texas Rio Grande Valley as well as South Texas College. He also serves on the Public Administration Advisory Council at South Texas College and the Texas A&M University Kingsville College of Engineering Dean’s Advisory Board. He is the Vice President of the Texas City Manager Association Region 10, and the American Society of Civil Engineers. Item No. 7.h. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: Carrie Land AGENDA ITEM: Discuss location of the 2024 Primary, Primary Runoff and Presidential Elections. (City Manager Ryan Henderson) SUMMARY: Collin County Elections office has requested the use of the Anna Municipal Complex for the 2024 Primary, Primary Runoff and Presidential Elections. These elections will have a much larger turnout than the City General Election in May, so they have requested the use of the Council Chambers. There will be three conflicts with City Council regular meetings: February 27th, May 28th, and October 29th. The staff is seeking direction from the City Council to allow or not allow the Election's office to use the Council Chambers for these three elections. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. Election Calendar 2. Election Layout in Council Chambers 2024 Item No. 8.d. City Council Agenda Staff Report Meeting Date: 12/12/2023 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions. SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: