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City Packets - City Council - 11/06/2024 - Regular
Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell) Suggested Action: Attachments: 6 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from October 15, 2024. (Stewart) Suggested Action: Attachments: October 15, 2024 DRAFT Minutes.docx 8 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON OCTOBER 15, 2024 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m. on the 15 th day of October 2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Deputy Mayor Pro Tem Robyn Holtz, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Mayor Pro Tem Joel Marks, Councilmember Present Present Absent (Personal) Present Absent (Personal) Present Present And with 5 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:31 p.m. 1.2 Invocation Councilmember Ensweiler delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest 1.5.1 Receive presentation from the Library regarding upcoming events and activities. Digital Media Services Librarian, Noelle Roseberry, provided upcoming events and activities to the Council. Councilmember Marks arrived at 6:35 p.m. 2.0 CITIZEN INPUT None 9 City Council – Regular Meeting Agenda October 15, 2024 Page| 2 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos 4.3 and 4.8- Marks; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from October 2, 2024. 4.2 Consider approving a resolution authorizing the Mayor to execute an Interlocal Agreement with Denton County for Library Services. RESOLUTION NO. 2024-070 ***ITEM PULLED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION.*** 4.3 Consider approving a resolution authorizing the City Manager to amend Zone 5 water utility rates in relation to the agreement between the City of Plano and the City of The Colony. Assistant City Manager, Tim Miller, provided an overview of the proposed resolution. Motion to approve –Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2024-071 4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order to Axon Enterprise, Inc. in the amount of $65,000.00 for the replacement of 2 WatchGuard interview room systems utilizing Buy Board #698-23. RESOLUTION NO. 2024-072 4.5 Consider approving a resolution authorizing the City Manager to issue a purchase order to Motorola Solutions in the amount of $249,091.15 for the replacement of portable radios through Contract DIR TSO-4101. RESOLUTION NO. 2024-073 10 City Council – Regular Meeting Agenda October 15, 2024 Page| 3 4.6 Consider approving a resolution authorizing the City Manager to issue a purchase order to Galls LLC in the amount of $140,000.00 for the purchase of Police Department uniforms. RESOLUTION NO. 2024-074 4.7 Consider approving a resolution authorizing the City Manager to issue a purchase order to Got You covered Uniforms in the amount of $90,000.00 for the purchase of Fire Department uniforms. RESOLUTION NO. 2024-075 ***ITEM PULLED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION.*** 4.8 Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with Parkhill, to provide an Athletic Facilities Assessment for five City Park locations in an amount not to exceed $71,250.00. Parks Development Manager, Calvin Lehmann, gave an overview of the proposed resolution. Motion to approve –Marks; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2024-076 4.9 Consider approving a resolution authorizing the City Manager to execute a Facilities Lease Agreement between Hidden Cove Marina Dry Storage, LLC and Suntex and Marina Investors for amenity operations. (“Suntex”). RESOLUTION NO. 2024-077 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow a laboratory with scientific testing and administrative office known as “Devansh Lab Werks,” located at 6600 Paige Road Suite 100 and Suite 111, within the Office 1 (O-1) Zoning District and Gateway Overlay District. Planner, Keyl Groff, gave an overview on the proposed ordinance. Executive Session was convened at 6:52 p.m. Regular Session was reconvened at 7:01 p.m. 11 City Council – Regular Meeting Agenda October 15, 2024 Page| 4 Thepublic hearing was opened at 7:01p.m. Apolinar Bustos III, 5309 Yager Drive, Georgiana Bustos, 5309 Yager Drive and applicant, Sudhakar Kancharla, appeared in opposition of the proposed ordinance. Motion to continue public hearing and action to November 6, 2024- Wade; second by Ensweiler, motion carried with all ayes. 5.2 Discuss and consider an ordinance regarding a site plan for “JPI Morningstar,” a 373-dwelling unit multi-family development. The subject site contains approximately 10 acres and is located at the northwest intersection of Morningstar Drive and SH 121, (between South Colony Boulevard and Morningstar Drive) within Planned Development 16 (PD-16). Planner, Keyl Groff, gave an overview on the proposed ordinance. Representatives were present to answer questions from Council. Motion to approve –Ensweiler; second by Wade, motion carried with all ayes. ORDINANCE NO. 2024-2579 5.3 Discuss and consider an ordinance regarding the Site Plan application for “Hidden Cove Marina and Park - Phase 3 – RV Loops,” an addition of 400 RV sites, including restroom buildings, trails, water, sewer, and electric improvements for an approximately 680 acre area known as Hidden Cove Marina, located at 20400 Hackberry Creek Road within Planned Development 21 (PD-21). Planner, Keyl Groff, gave an overview on the proposed ordinance. Representatives were present to answer questions from Council. Motion to approve –Wade; second by Marks, motion carried with all ayes. ORDINANCE NO. 2024-2580 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute a contract with Ratliff Hardscape, LTD for the construction of the Park Loop Trail (Segment 1A) in an amount not to exceed $605,705.00, to be funded by the Community Development Corporation. Parks Development Manager, Calvin Lehmann, gave an overview of this item. Motion to approve –Schrag; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2024-078 12 City Council – Regular Meeting Agenda October 15, 2024 Page| 5 5.5 Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to CI Pavement for the construction of streets and alleyways in the amount of $1,310,937.60. Public Works Director, James Whitt, gave an overview of this item. Motion to approve –Ensweiler; second by Wade, motion carried with all ayes. RESOLUTION NO. 2024-079 5.6 Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to F&F Concrete for the construction of streets and alleyways in the amount of $2,106,245.25. Public Works Director, James Whitt, gave an overview of this item. Motion to approve –Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2024-080 Executive Session was convened at 7:58 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 8:05 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss, the meeting adjourned at 8:06 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas 13 City Council – Regular Meeting Agenda October 15, 2024 Page| 6 ATTEST: _____________________________________ Kimberly Thompson, Deputy City Secretary 14 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Toni Knier Submitting Department: Public Safety Dispatch Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to the City of Plano for the operations of the PAWM Radio System in the amount of $121,000.00. (Knier) Suggested Action: Suggested action in accordance with the Communications System Agreement regarding operations of the PAWM radio system. This represents the final automatic renewal of the current contract, originally executed in October 2020. Attachments: PAWM Radio contract.pdf PAWM Quote.pdf Res. 2024-xxx PAWM radio system.docx 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE CITY OF PLANO FOR THE OPERATIONS OF THE PAWM RADIO SYSTEM; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texashereby authorizes the City Manager to issue a purchase order to the City of Plano in the amount not to exceed $121,000.00 for the yearly recurring fee of the Joint Radio Systems Operations. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF NOVEMBER 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 33 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Jason Bonds Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Medical City of Plano to provide EMS Medical Control Direction for The Colony Fire Department for $65,220.00. (Bonds) Suggested Action: This will be an open purchase order to pay the monthly payments of $5435.00 throughout the 2024-25 budget year for The Colony Fire Department EMS Medical Control Direction. Attachments: Medical City of Plano quote Res. 2024-xxx Medical City of Plano.docx 34 35 36 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MEDICAL CITY OF PLANO TO PROVIDE EMS MEDICAL CONTROL DIRECTION FOR THE COLONY FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Medical City of Plano to provide EMS Medical Control Direction for The Colony Fire Department in the amount of $65,220.00. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF NOVEMBER 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 37 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Kimberly Thompson Submitting Department: Community Image Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Bureau Veritas North America in the amount of $75,000.00 for health plan review and inspections. (Browder/Perez) Suggested Action: Attachments: Bureau Veritas.pdf Res. 2024-xxx Bureau Veritas North America.docx 38 Purchase Order for Health Inspections & Plan Reviews for Bureau Veritas North America -Resolution was passed September 5, 2017 (Resolution #2017-076) -During the term of the agreement, the city may call Bureau Veritas to preform specific work to include health inspections and plan review for the City of The Colony in accordance with the agreed upon fees listed below. 39 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO BUREAU VERITAS NORTH AMERICA FOR HEALTH PLAN REVIEW AND INSPECTIONS; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Bureau Veritas North America in the amount of $75,000.00 for health plan review and inspections. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6 th DAY OF NOVEMBER 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 40 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance to allow an exception to the Code of Ordinance Section 6-192, (a) & (b) to allow for a benefit concert until 11:00 p.m. on November 21, 2024 at TopGolf, 3760 Blair Oaks Drive. (Shallenburger) Suggested Action: Attachments: Ord. 2024-xxxx Noise Exception -TopGolf.docx 41 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, GRANTING A SPECIAL EXEMPTION FROM THE SOUND ORDINANCE PURSUANT TO SECTION 6-192 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AUTHORIZING A CONCERT UNTIL 11:00 P.M. ON NOVEMBER 21, 2024, AT TOPGOLF, LOCATED AT 3760 BLAIR OAKS DRIVE, THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, TopGolf has requested an exemption to the City’s noise ordinance for the purpose of a benefit concert until 11:00 pm on November 21, 2024, at TopGolf, located at 3760 Blair Oaks Drive, The Colony, Texas (hereinafter referred to as the “Event”); and WHEREAS,Section 6-192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, provides in pertinent part that “[T]he use of any loudspeaker or amplifier or musical instrument in such manner or with such volume, particularly between 10:00 p.m. and 7:00 a.m., that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity thereof; provided, however, that upon application by the user of such devices, the city council may make special exemption or exception to this clause for such time as the city council feels will serve the public welfare;” and WHEREAS,the City Council of the City of The Colony, Texas, finds and determines that it is in the public interest and welfare of the City, consistent with Section 6-192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, to grant a special exemption or exception to TopGolf for the Event. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1.That the foregoing recitals are hereby found to be true and correct legislative findings of the City of The Colony, Texas, and are fully incorporated into the body of this Ordinance. SECTION 2. That the City Council of the City of The Colony, Texas, finds and determines that it is in the public interest and welfare of the City, consistent with Section 6- 192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, to grant TopGolf a special exemption or exception for the use the Event. SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such 42 remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF NOVEMBER, 2024. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 43 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: James Whitt Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Polydyne Inc. in the amount of $120,000.00 for the purchase of Clarifloc for the treatment of wastewater. (Whitt) Suggested Action: This is the fifth and final renewal. Attachments: SNF.pdf Bid Number 62-20-21 Polymer.pdf Fort Bend Services_Customer Announcement.pdf Polydyne Inc_Customer Welcome Packet_FBS.pdf Resolution No. 2021-004.pdf 11-6-24_WWTP_Financial_Summary - Polydyne.pdf Res. 2024-xxx Polydyne Inc.docx 44 polydyneinc.com Polydyne Inc. • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 Emailed to: lpatrick@thecolonytx.gov July 25, 2024 Lester Patrick Lead Operator/ W.W. Supervisor City of The Colony 6800 Main Street The Colony, TX 75056 SUBJECT: Contract Price Quote – Bid 62-20-21; Polymer Dear Mr. Patrick, POLYDYNE INC. is pleased to offer the following price quote: PRODUCT PRICE PACKAGE CLARIFLOC™ C-6286 $1.75/LB. DELIVERED 450 LB. DRUM The current Contract term is effective January 1, 2024, through December 31, 2024. Payment Terms: Net 30 days – No Discounts. We thank you for your business. If you have any questions regarding this correspondence, please feel free to contact Brent SoRelle, Sr. Technical Sales Representative, at (682) 216-5062. Orders may be placed online at: www.polydyneinc.com or through our Customer Service Department. Your Customer Service Representative is Mr. Jonathan Jones. You can reach Mr. Jones by calling (800) 848-7659 Ext. 8730 or by email to jonathanj@snf.com. Sincerely, Boyd Stanley Sr. Vice-President 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Wastewater Treatment Chemicals PO Financial Summary FY 24/25 FY 24/25 - Initial Budget $452,410.96 Vendor Line Number Description Amount Polydyne 200-662-6345 CLARIFLOC™ C-6286 $120,000.00 Remainder $332,410.96 Unit Cost $1.75/LB. Average Monthly Usage 5,714.29 LB 68 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO POLYDYNE INC. FOR THE PURCHASE OF CLARIFLOC FOR THE TREATMENT OF WASTE WATER; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Polydyne Inc. in the amount of $120,000.00 for the purchase of Clarifloc for the treatment of waste water. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF NOVEMBER 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 69 Agenda Item No:4.7 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: James Whitt Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to PVS Technologies in the amount of $80,000.00 for the purchase of Ferric Chloride Solution for the treatment of wastewater. (Whitt) Suggested Action: Attachments: Pencco.pdf PVS.pdf 11-6-24_WWTP_Financial_Summary- PVS Tech.pdf Res. 2024-xxx PVS Technologies.docx 70 71 72 Date: 10/11/2024 Robert Chesney Colony Texas PVS CHEMICALS 10900 HARPER AVE DETROIT, MI 48213 Dear: Robert Thank you for the opportunity to quote your Ferric Chloride requirement shipping to Colony, TX. PVS Technologies is pleased offer the following quote: Product: Liquid Ferric Chloride 37-42% Delivery Quantity: 4,000 gallons / 45,000 wet lbs. minimum Price: $1,250 DT Terms: Net 30 Days Effective Date: 1/1/25 Additional Charges (if applicable): Demurrage ($90/hr after 2 hours), Holiday Charge ($300), Saturday Charge ($200) and/or Sunday Charge ($250), Split Delivery Charge ($150). PVS Technologies is a member of the Responsible Care initiative. Please note that prior to any shipment an approved site assessment will need to be on file. We look forward working with you. Please let me know if you have any questions or require any additional information. I can be reached on my cell at (864) 325-5675 or via email at mveale@pvschemicals.com . Sincerely, Marc Veale Senior Account Manager/ Product Manager, PVS Technologies, Inc. 73 Wastewater Treatment Chemicals PO Financial Summary FY 24/25 FY24/25 - Initial Budget $452,410.96 Less Prior Po's -$120,000.00 Current Remaining Balance $332,410.96 Vendor Line Number Description Amount PVS Technologies 200-662-6345 Ferric Chloride $80,000.00 New Remaining Balance $252,410.96 $1,250/DT 5.33 DTAverage Monthly Usage Unit Cost 74 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO PVS TECHNOLOGIES FOR THE PURCHASE OF FERRIC CHLORIDE SOLUTION FOR THE TREATMENT OF WASTE WATER; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to PVS Technologies in the amount of $80,000.00 for the purchase of Ferric Chloride Solution for the treatment of waste water. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF NOVEMBER 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 75 Agenda Item No:4.8 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: James Whitt Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to the Camelot Landfill in the amount of $300,000.00 for the disposal of solid waste from the Wastewater Treatment Plant. (Whitt). Suggested Action: The Camelot Landfill is the landfill approved for the City of the Colony's solid waste disposal permit issued by the Texas Commision for Enviromental Quality (TCEQ). It is also the closest and least expensive. With an average usage of 500 tons per month and the new rate of $47.86 per ton the city expects to spend ~$287,000 annually with an overage reserve of 4.5% due to usage fluctuations from average. This is a sharp reduction from a cost that was originally over 3x as much in prior years. The reduction is due to major efficiencies gained by utilizing our own equipment and staffing versus third-party contracts. Attachments: Camelot.docx 11-6-24_WWTP_Financial_Summary.pdf SOLID WASTE HAULING.pptx Res. 2024-xxx Camelot Landfill.docx 76 The City of The Colony / RE: updated Quote From:Thornburg, David <DThornburg@republicservices.com> Sent:Wednesday, July 24, 2024 7:07:30 PM To:Robert Chesney <rchesney@thecolonytx.gov> Subject:The City of The Colony / RE: updated Quote Robert, Please budget for $47.86 per ton. Feel free to contact me if you have any questions or need anything else, thanks. David Thornburg Special Waste Executive North Texas Landfills 911 E Hwy 121 Business, Suite 201 Lewisville, TX 75057 e dthornburg@republicservices.com o 214-505-4714 c 214-505-4714 f 480-718-4120 w RepublicServices.com 77 Wastewater Treatment Chemicals PO Financial Summary FY 24/25 FY24/25 - Initial Budget $495,000.00 Less Prior Po's $0.00 Current Remaining Balance $495,000.00 Vendor Line Number Description Amount Camelot Landfill 662-6213 Contractual Services $300,000.00 New Remaining Balance $195,000.00 $47.86 per ton 500 Tons per month Unit Cost Average Monthly Usage 78 Plan A (Current Operations) The Colony hauling to Camelot ◦Location Camelot landfill open full day ◦Cost: $47.86 per ton ◦Annual expenditure $300,000 ◦Contract dump location ($1,100 per/day) ◦2025 - 6% increase from operations and overhead (TCEQ, salaries, insurance) Plan B (Alt dump operations) The Colony hauling Denton Co. ◦Location Denton landfill open ½ day ◦Cost: $88 per ton ◦Annual expenditure $528,000 ◦Back-up dump location ($2,024 per/day) Plan C (Original operations) Contractor hauling 6000 tons ◦Location Camelot landfill ◦Cost: $150 per ton ◦Annual expenditure $900,000 ◦Emergency dump location ($3,524 per/day) 79 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE CAMELOT LANDFILL FOR THE DISPOSAL OF SOLID WASTE FROM THE WASTEWATER TREATMENT PLANT; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Camelot Landfill in the amount of $300,000.00 for the disposal of solid waste from the Wastewater Treatment Plant. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6th DAY OF NOVEMBER, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 80 Agenda Item No:4.9 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: James Whitt Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to H & H Concrete On Demand in the amount of $450,000.00 for the purchase of concrete, flow-fill, and site-mix for sidewalk, alley, street, curb and gutter repairs. (Whitt) Suggested Action: This purchase is through a cooperative purchasing interlocal agreement with the City of Fort Worth, contract no. 37343 Attachments: Fort Worth Contract 62048.pdf Fort Worth Interlocal Agreement.pdf Fort Worth Mayor and Council Communication.pdf 11-6-24 Streets Operating Financial Summary.xlsx Res. 2024-xxx H&H Concrete On Demand.docx 81 City Secretary Contract No. _6_2_0_4_8 __ _ FORT WORTH® VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and H&H Concrete On Demand ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties." 1.Scope of Services. Vendor will provide road and highway building materials for street repairs, new installations of utilities and road construction projects ("Services"), as set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2.Term. This Agreement begins on the date signed by the Assistant City Manager below Effective Date") and expires one year later ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a Renewal Term"). 3.Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total annual compensation under this Agreement will not exceed One Million One Hundred Thousand Dollars 1,100,000.00). The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under the relevant M&C or cooperative agreement and that once the full amount has been exhausted, whether individually or collectively, funds have therefore been exhausted under this Agreement as well. Vendor will not perform any additional services or bill for expenses incurred forCity not specified by this Agreement unless City requests and approves in writing the additional costs forsuch services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4.Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period forany payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period forwhich appropriations were received without penalty or expense to City of any kind whatsoever, except as to the p01tions of the payments herein agreed upon for which funds have been appropriated. Vendor Services Agreement Page 1 of 12 82 City Secretary Contract No. 4.3 Duties and Obli ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perf'orm services hereunder, Vendor will return all City provided data to City in a machine-readable f'ormat or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential L for nation. 5.1 Disclosure of Co lflicts. Ve ldor hereby warra lts to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's seivices under this Agreement. In the event that any conflicts of interest arise after the Ef'fective Date of this Agreement, Vendor hereby agrees immediately to malce full disclosure to Ciry in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees tllat it will treat all information provided to it by City ("City Inf'ormation") as confidential and will not disclose any such information to a third party without the prior written approval of City. 53 Public Infor ation Act. City is a government entity under t}ie laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for infocmation marl<ed Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City [nformation in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Inf'ormation has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Inf'ormation fi•om further unauthorized disclosure. 6. Ri l t to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said tllree years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal worl<ing hours to all necessary Veildor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and worl< performed under this Agreement, and Vendor Services Agreement Page 2 of 12 83 City Secretary Contract No. not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor wi11 have the e clusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acla owledges that the doctrine of respo,deat st perror will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, eniployees, se•vants, contractors, and subcontractors. Vendor further agrees that nothing Ile•ein will be construed as the creation of a partnership or joint ente•prise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, cont•actors, or subcont•actors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all paynient and i eporting of tales on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIAI3ILITY - VENDOR WZLL BE LIAI3LE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPFRTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUI3CONTRACTORS. 8.2 GENERAL INDEMNIFICATION - V NDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMANDAGAINSTANYAND ALL CLAIMS OR LAWSUIT,S OFANYKIND OR CHARACTER, WHETHER R AL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUI3CONTRACTORS. 8. 3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim ol• action against City for infringement of any patent, copyright, trade mai lc, ti ade secret, or similar prope•ty right arising fi•om City's use of tlie software and/or documentation in accordance witli this Agreement, it being understood that tl is agi•eement to defend, settle or pay vill not apply if City modifies or misuses the software and/or documentation. So long as Vendor bea s the cost and expense of payment for claims or actions against City pursuant to tl is section, Vendor vill 1 ave the rigl t to conduct tlie defense of any suclt claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; liowever, City will liave tl e rigl t to fully participate in any and all sucl settlement, negotiations, or lawsuit as necessa y to protect City's interest, and City agrees to cooperate wit1 Vendor in doing so. In the event City, for wl atevel• t•eason, assumes tl e i•esponsibility for payment of costs and expenses for any claim or action brouglit against City for infringement arising under this Agreement, City will liave the sole rigl t to conduct the defense of any such claim or action and all negotiations for its settlement or compi•omise and to settle or compromise any sucl claim; ho vever, Vendor will f'ully pai•ticipate and coopei•ate Vendor Services Agreement Page 3 of 12 84 City Secretary Cond•act No. _ vith City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, vith copies of all papers City may receive relating tliei•eto. Notwithstauding the foregoiug, City's assumption of paymeut of costs or expenses will not eliminate Vendor's duty to indenu ify City under this Agreement. If the software a id/or documentation or any part tl ereof is held to inf•iuge and tlie use thereof is eujoined or restrained or, if as a result of a settle neiit or co npromise, such use is materially adversely resh icted, Vendor will, at its own experise and as City's sole remedy, either: (a) procw e for City tl e right to COIlt111UC to use the sofhvare and/or documentation; or (b) modify the software and/or documentation to nalte it non-infl•inging, provided tliat sucl modification does not materially adversely affect City's autliorized use of tl e software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivaleut uon-infriuging sofhvare and/or documentation at no additional charge to City; or (d) if uone of the foregoing altei•iiatives is reasonably available to Vendor terminate tliis Agreement, and refuud all amounts paid to Veudor by City, subsequent to which termination City may seek any and all remedies available to City under law. Assig unent and Subconh•actin. 9.1 Assi ntnent. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written conselrt of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. L surance. Vendor must provide City with certificate(s) of insurance documenting policies of the f'ollowing types and minimum coverage limits that are to be in effect prioc to commencement of any Services pw suant to this Agreement: 10.1 Covera e and Limits a) Commercial General Liability: 1,000,000 - Each Occurrence 2,000,000 - Aggregate b) Automobile Liability: 1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non-owned. Vendor Services Agreement Page 4 of 12 85 City Secretary Contract No. _ c) Worlcer's Compensation: Statutory limits according to the Texas Worlcers' Compensation Act or any other state worlcers' compensation laws where the Services are being performed Employers' liability 100,000 - E3odily Injucy by accident; each accident/occurrence 100,000 - Qodily Injury by disease; each employee 500,000 - Qodily Injury by disease; policy limit d) Professional Liability (Eccors & Omissions): 1,000,000 - Each Claim Limit 1,000,000 - Aggregate Limit Professional Liability coverage may be pcovided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other cequirements. Coverage must be claims-made, and maintained for the duration of the contractual agreement and foc two (2) years fo(lowing completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Reauirements a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteecs in respect to the contracted services. b) The worlcers' compensation policy must include a Waiver of Subrogation Right of Recovery) in f'avor of City. c) A minimum of Thicty (30) days' notice of cancellation or ceduction in limits of coverage must be pi•ovided to City. Ten ( I 0) days' notice will be acceptable in the event of non-payment of pcemium. Notice must be sent to the Rislc Managec, City of Foct Wocth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same addcess. d) The insucecs for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the curcent A.M. E3est I{ey Rating Guide, or have ceasonably equivalent financial stcength and solvency to the satisfaction of Rislc Management. If the rating is below that required, wcitten appcoval of Rislc Management is requiced. e) Any f'ailure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requicement. Vendor Services Agreement Page 5 of 12 86 City Secretary Contract No. f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any worlc pui•suant to this Agreement. I I. Compliance witl Laws, Ordinances, Rules and Re ulations. Vendor agrees that in the performance of its obligations hereunder, it wilt comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any worlc it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist fro n and correct the violation. 12. Non-Discrimination Cove iant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARIS S FROM AN ALL G D VIOLATION OF THIS NON-DISCRIMINATION COV NANT BY V NDOR, ITS P RSONAL R PR S NTATN S, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCC SSORS IN INT R ST, VCNDOR AGR S TO ASSUMC SUCH LIABILITY AND TO IND MNII'Y AND D I+ND CITY AND HOLD CITY HARMLCSS rROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agree nent will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivercd by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth ttn: Assistant City Manager 200 Texas Street Fort Worth, TX 76 1 02-63 1 4 Facsimile: (817) 392-8654 To VENDOR: H&H Concrete On Deman Kody Haverlcamp Vice President, Title 2804 Pi•estige Rd. Fort Worth, TX 76244 With copy to Fort Worth City Attorney's Office at: Facsi nile: _817-43 I-3757 100 Fort Worth Trail Fort Worth, Texas 76102 l4. Solicitation of Emnlovees. Neither City nor Vendor will, during the term of this Agreement and additionally f'or a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the terin of this Agreement, without the prior written consent of tl e person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by eithec party. I 5. Govei•nmeutal Powers. It is understood and agreed that by execution of this Agree nent, City does not waive or surrender any of its governmental powers or immunities. Vendor Seivices Agreement Page 6 of 12 87 City Secretary Contract No. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any futw•e occasion. 17. GoverninQ Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or assected, at law or in equity, is brought pui•suant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northei•n District of Texas, Poct Worth Division. 18. Severabilitv. [f any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable f'or any delay or omission in perf'ormance due to focce majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fices; strilces; locicouts; natural disasters; wars; ciots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the af fected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurcence of the Force Majeuce Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and deliveced in accordance with Section 13 of this Agreement. 20. Headin s not Cont•ollin. Headings and titles used in this Agi•eement are for refei•ence purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agi•eement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal ivles of consti•uction to the effect that any ambiguities are to be cesolved against the dcafting party will not be employed in the interpretation of this Agreement or its Exhibits. 22. Amendments 1 Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set focth in a written instrument, which is executed by an authorized representative of each pai-ty. 23. Counterpac•ts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrwnent. 24. WarrantV of Set vices. Vendor warrants that its services will be of a high quality and conform to generally pi•evailing industiy standai•ds. City must give wi•itten notice of any breach of this Ven lor Services Agreement Page 7 of 12 88 City Sea•etary Cantract No. warranty within thirty (30) days fi om the date that the services are completed. In such event, at Vendor's option, Vendor will eithec (a) use commercially reasonable efforts to r•e-perform the services in a manner that confoi•ms with the wai•i•anty, oi• (b) •efund the fees paid by City to Vendor for the nonconf'oi•ming services. 25. Immi ration Nationalitv Act. Vendor must verify the identity and employment eligibility of its employees who perform worlc under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs worlc under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to pei•form such sei•vices. V NDOR WILL IND MNIFY CITY ANll HOLll CITY HARML SS FROM ANY P NALTI S, LIABILITI S, OR LOSS S DiI TO VIOLATIONS OF THIS PARAGRAPH BY VCNDOR, V NDOR'S CMPLOYC S, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate tllis Agreement f'or violations of this provision by Vendor. 26. Ownershin of Worlt Product. City will be the sole and exclusive owner of all reports, worlc papers, procedures, guides, and documentation that are created, published, displayed, or produced in conj unction with the services provided under this Agreement (collectively, "Worlc Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademarlc, trade secret and other proprietary rights in and to the Worlc Product. Ownership of the Work Product will inure to the benefit of City from tl e date of conception, creation or fixation of the Work Product in a tangible medium of expression whichever occurs fi st). Each copyrightable aspect of the Worl< Product will be considered a"work-made- f'or-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Worlc Product, or any part thereof, is not considered a"workanade-f'or-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Worlc Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, witl out further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Si nature Authoritv. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on tllese warranties and representations in entering into this Agreement or any amendment hereto. 28. ChanEe in CompanV Name or Ownership. Vendor tnust notify City's Purchasing Manager, in writing, of a company name, owneiship, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No BoVcott of Is•ael. If Vendor I as fewer than 10 employees or tl is Agreement is fm• less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of tl e Texas Government Code, tl e City is prohibited f'rom entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does Vendor Serviccs Agreement Page 8 of l2 89 City Secretary Contract No. _ not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agi eement, Vendoi cei•tifies t}at Vendo's signature pi•ovides w itten verification to the City tl at Vendo :(1) does not boycott Israel; and (2) will not boycott Israel during the term of the Ag eement. 30. Prohibition on Bovcottin Enei gV Comnanies. Vendor acicnowledges that in accordance with Chapter 2276 of the Texas Government Code, City is pcohibited fi•om entering into a contract for goods or services that has a value of $]00,000 or more that is to be paid wholly or partly from public funds of the City with a co npany with ] 0 or more full-time e nployees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the ter n of the contract. To the extent that Cha ter 2276 of the Gove•ment Code is applicable to tliis Agreement, by signing this Agreement, Vendor certifies that Vendor's signatui e pi ovides vi itten vei ification to City tl at Vendor: (1) does not boycott enei gy companies; and (2) vill not boycott energy com anies during the term of this Agreement. 31. Prohibition on Discrimination A ainst Fireai•m and Ammunition Industries. Vendor acicnowledges that except as othei•wise provided by Chaptei• 2274 of the Texas Government Code, City is prohibited fro n entering into a contract for goods or services that has a value of $100,000 or nore that is to be paid wholly or partly fi•om public funds of the City with a co npany with 10 or more full-time e nployees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or iirearm trade association. To the extent tl at Cl apter 227 1 of tl e Gover ment Code is applicable to this Agreement, by signing tliis Agi•eement, Vendor certifies that Vendoi•'s signatui•e rovides vritten verification to City that Vendoi :(1) does not have a practice, policy, guidance, or dii•ective that disci•iminates against a fii•ear m entity or fii•ear m ti•ade association; and (2) will not disci iminate against a rearm entity or firearm h•ade association during tl e term of this Agreement. 32. F.lectronic SiQnatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. ntiretv of A reement. This Agreement contains the entire understanding and agree nent between City and Vendor, their assigns and successors in interest, as to the matte s contained herein. Any prior or contempo•aneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. sig tature p 1ge fol/oivs) Vendor Services Agreement Page 9 of 12 90 ACCEPTED AND AGREED: CITY OF FORT WORTH: BY: Dana Burghdoff{Se"'2024 CDT) Name: Jesica McEachernTitle: Assistant City ManagerDate: APPROVAL RECOMMENDED: By;Lau en Prieur (Sep 20, 2024 07:02 CDT) Name: Lauren PrieurTitle: DirectorATTEST: ;,. By: UName: Jannette S. GoodallTitle: City SecretaryVENDOR: H&H Concrete On Demand By: ·-;742/;? Name: ___ Kody Haverkamp __ Title: Vice President __ _ Vendor Services Agreement City Secretary Contract No. _____ _ CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the personresponsibleforthemonitoringandadministration ofthiscontract, including ensuring all performanceandreportingrequirements. D-,k,., By: Name: Lakeesha DodsonTitle: APPROVED AS TO FORM AND LEGALITY: J"essi&aWilliams BY: Jessika Williams (Sep19, 202414:45 CDT) Name: Jessika J. WilliamsTitle: Assistant City AttorneyCONTRACTAUTHORIZATION: M&C: 24-0632 (8/13/24) Form 1295: __ 2024-1164444_ Page 10 of 12 91 City Secretary Contract No. EXHIBTI' A SCOPE OF SERVICES Vendor will provide road and highway building materials for street repairs, new installations ofutilities and road construction projects. Vendor will abide by the detailed specifications from the Te s Department of Transportation for road and highway building materials (Ready MiY), including the grade ofmaterials and method of delivery required, as described further n Attachment A Vendor Services Agreement Page 11 of12 92 Attachment A" FORT WORTH CITY OF FORT WORTH - PURCHASING DIVISION SPECIFICATION IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 1 of 8 IFB Title: Road and Hi hwa Buildin Materials Read Mix 1.0 INTENT 1.1 Road and highway building materials (ready inix) will be used for the Transportation and Public Worlcs Department to provide str•eet repairs, new installations of utilities, and road construction projects throughout the City of Fort Worth. 2.0 SCOPE 2.1 The City of Fort Worth (City) seelcs bids to finalize an agreeinent for the Transportation and Public Worlcs Depat-tment (TPW) on an "as needed" basis. Prospective responding bidders should ensure they review all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(s), known hereafter as "Contractor," "Vendor" or Supplier." 2. 2 Ready Mix Concrete: Concrete used for the Agreeinent shall be generated from a lciln that utilizes the dry manufacturing process defined as Green Cement. Contractors are required to complete the certification: 2.2.1 Available facilities and adequate equipment to supply the commodities requested. A pre-award inspection inay be inade to determine whether the bidder actually has in its inventory those items bidding. 2.2. 2 Available qualified and trained personnel to perform the services requested. 2. 2.3 Design Mix: The contractor shall provide the Design Mix number per Ready Mix Sacic as indicated in the Bid Solicitation Document. 93 FORT WORTHo CITY OF FORT WORTH - PURCHASING DIVISION SPECIFICATION IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 2 of S IFB Title: Road and Hi hway Buildin Materials Read Mix 2. 2.4 "Central Plant", "Ready Mix", or "Transit Mixed" concrete may be permitted, but only with the Engineer's approval after the Contractor has supplied sufficient evidence that the concrete to be furnished will meet all the requirements of the specifications and supplied in quantities according to the project demands. 2.2.5 Cement shall be delivered in bags plainly marlced with the brand and manufacturer. Bags shall contain ninety-four (94) pounds of cement, net, and shall be in good condition at the time of delivery. 2.3 Aggregate, Flexible Base, Type A, Grade 1: This material shall be of a course composed of a flexible base for surface courses and base courses. The material shall be composed of crusher-run brolcen limestone and be constructed as specified in one or more courses to conform with the section shown on the plane and to the lines and grades as established by the depat tment. Aggregate, TY A. Grade 1, will be in accordance with the Texas Department of Transportation TXDOT) Item 247, Table 1. Please visit the TXDOT website f'or specifications at: https://ftp.dot. state.tx.us/pub/txdot- info/cmd/cserve/specs/2014/standard/s247.pdf 2.3.1 This material shall consist of durable pai-ticles of limestone mixed with approved binding materials and obtained fi•om approved sources as specified. The processed material when properly slalced and tested by standard laboratory methods shall meet the following requirements: SIEVE SIZE MINIMUM Retained on 1-3/4 sieve 0 percent Retained on No. 4 sieve 45 to 75 percent 94 FORTWORTHe CITY OF FORT WORTH - PURCHASING DIVISION SPECIFICATION IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 3 of 8 IFB Title: Road and Hi hwav Buildin Materials lReadv Mixl Retained on No. 40 sieve 60 to 85 percent 2.3.2 The material when tested under "The Wet Ball Method for deterinining the Disintegration of Flexible Base Materials" shall not develop more than fifty (50) percent pei• soil binder. 2.3. 3 Materials passing the No. 4 sieve shall be 1<nown as "Binder". The portion of materials passing the No. 40 sieve shall be 1<nown as "Soil Binder" and shall meet the following requirements: 2.3. 3.1 The liquid liinit shall not exceed foi-ty (40) when tested in accordance with the Ainet ican Society for Testing and Materials (ASTM), Designation 0-423. 2.3.3.2 The plastic liinit shall be deterinined by testing in accordance with ASTM, D-424. 2.3.3 .3 The plasticity index shall not exceed twelve (12) or be less than four (4) when calculated in accordance with ASTM, Designation D-424. 2.3.3.4 The preparation of sainples for testing according to ASTM, Designation D-423, and D-424 shall be in accordance with the requireinents of ASTM, Designation D-2217. 2.3.3.5 Materials retained on the No.4 sieve shall have a wear of not more than forty-five (45) percent when tested according to ASTM, Designation C- 131. 2.3.4 Should the Contractor elect to produce the material fi•om local pits, the material shall be secured fi•om sources approved by the depai-tment. Each pit utilized shall be opened to immediately 95 FORT WORTHm CITY OF FORT WORTH - PURCHASING DIVISION SPECIFICATION IFB Re£ #: 24-0101 Doc. Ref#: IFB-06 Pa e 4 of 8 IFB Title: Road and Hi hway Building Materials (Ready Mix expose the vertical faces of all the various strata of acceptable materials, and unless otherwise directed, the matet•ial shall be secured in successive vei-tical cuts extending through all the exposed strata, in order that a uniform mixed material will be secured. 2.3.5 Concrete materials including crushed and uncrushed gravel are unacceptable and shall be cause for rejection of material. 2.4 Portland Cement Concrete: Will be in accordance with the Texas Department of Transportation (TXDOT) Item 260,263,265. Please visit the TXDOT website for specifications at: http://ftp.dot.state.tx.us/pub/txdot-info/des/specs/specboolc.pdf 2.4.1 All materials used and for the storage, handling, measuring, proportioning, and mixing or combining such materials in producing concrete for structures and incidental or miscellaneous constt•uction. 2.4.2 Concrete shall be composed of normal Poi-tland cement or high early strength cement, coarse aggregate, fine aggregate, and water propoi-tioned and mixed as hereinafter provided in these specifications. 2.4.3 Portland Cement shall meet the requirements of ASTM C150, Type 1 for Normal Pot-tland Cement, and Type II meet the requirements of American Association of State Highway and Transpoi•tation Officials (AASHTO) M85-Type I specifications with a maximum of 596 tricalcium aluminate for exposure to sewage. 96 FORTWORTHa CITY OF FORT WORTH - PURCHASING DIVISION SP CIFICATION IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 5 of 8 IFB Title: Road and Hi hway Buildin Materials Read Mix 2.4.4 All ceinent shall be sainpled and tested in accordance with ASTM, C 183, C 184, C 187, C 188, C 190, and C 191, Sainpling and Testing Poi tland Cement. 2.4.5 Lehigh ASTM Type 1-11, low allcali, Portland cement is both a general purpose use and a moderate sulfate use hydraulic ceinent that shall be used for most construction projects. Type 1-11 cement shall be used where precaution against moderate sulfate attacl< is iinportant. Type 1-11 cement is forinulated for use in grouts, mortais, and concrete. 2.4.6 Cement physical properties shall be of a fine light gray powder and have no artificial color added and shall have minimum Blaine fineness of 280 m2/1<g. 2.4.7 Low all<ali, Portland ceinent is designed to be mixed with water in an environment fi•ee fi•om acids and high sulfates. 2.4.8 Mortar cubes strength shall be according to ASTM C 150 and AASHTO M85, for Type 1-11 Portland cement to obtain minimuin compressive strengths as follows: 2.4.8.1 3 days -1740 psi 2.4.8.2 7 days - 2760 psi 2.4.9 Set times shall be according to ASTM C 150 and AASHTO M85, Type 1-11 Portland cement paste will retain the initial set in a tninitnum of 45 minutes, and the final set in a inaxiinuin of 375 rninutes when tested using the Vicat test tnethod. 2.5 Flowable Fill: Controlled Low Strength Material (CLSM) 97 FORT WORTH CITY OF FORT WORTH - PURCHASING DIVISION SP CIFICATION IFB Re£ #: 24-0101 Doc. Ref#: IFB-06 Page 6 f 8 IFB Title: Road and Hi,hwav Buildin, Materials (Readv Mix) 2.5.1 Portland Cement Type II low allcali Pot•tland cement as specified in City Engineering Specification, Section 03 30 00. 2.5.2 Fly Ash: Class F, fly ash in accordance with ASTM C618. 2.5.3 Water: As specified in City Engineering Specification, Section 03 30 00. 2.5.4 Admixture: air entraining admixture in accordance with ASTM C260. 2.5.5 Fine Aggregate: Concrete sand (ASTM C33 not required) no more than twelve 2.5.6 (12) pet cent of fine aggregate shall pass a NO. 200 sieve and no plastic fines shall be present. 2.5.7 Coarse Aggregate: Pea gravel no larger than 3/8 inch. 2.5.8 Standards cited ASTM International 2.5.9 C31-Standard Practice for Malcing and Cui•ing Concrete Test Speciinens in the field. 2.S.lOC-33-Standard Specification foi Concrete Aggi egates. 2.5.11 C39-Standatd Test Method for Compressive Strength of Cylindrical Concrete Specimens. 2.5.12C 143- Standard Test Method for Slump of Hydraulic Cement Concrete. 2.5.13 C231-Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method. 2.5.14 Suggested Design Mix: 98 FORT WORTH CITY OF FORT WORTH - PURCHASING DIVISION SPECIFICATION IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 7 of S IFB Title: Road and Highwa_y Building Materials (Ready Mix) Material Cement Fl Ash Water Coarse Ag; Fine AggrE Adinixture TOTAL ate Weight 30 Pounds 3 00 Pounds 283 Pounds 1,465 Pounds 1,465 Pounds 4-6 Ounces 3,543 Pounds 2.6 GREEN CEMENT REQUIREMENT 3.15 2.3 0 1.00 2.68 2.68 Absolute Volulne Cubic Foot 0. 15 2.09 4.54 8.76 7.86 2.70 27.00 2.6.1 In accordance with Resolution 3536, passed on October 2, 2007, the City of Fort Wo1 th is striving to improve air quality in the North Texas Area. Resolution 3536 specifies the aggregate used for this agreement shall be generated fi•om a lciln that utilizes the dry manufacturing process defined as Green Cement. Specific Gi•avity 99 FORT WORTH CITY OF FORT WORTH - PURCHASING DIVISION SPECIFICATION IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 8 of 8 IFB Title: Road and Highway Building Materials Read Mix 2. 6.2 Compliance with this requirement shall be demonstrated via a certified coinpliance stateinent signed by both the bidding Contractor and material supplier. (See Attachment A). 2. 6.3 Preferential consideration will be given to submittals whose suppliers utilize products fi om lcilns whose einission rates are 1.7 pounds of nitrogen oxides (NOx) or less per ton of clinl<er produced. 100 City Secretary Contract No. CXH1131T 13 PAYMGNT SCHCDULG Vendor Services Agreement Page 13 of l3 101 v m 0JCOZ ov- a° m 0 0 vVC41 ai a` u 0J UC U fa N o O O v o o u N m N N F- u c v o v a x o S 'c x 0 N U41 J U N O U T v U ' C 10 p 7 N v 3 0 v v in E v av OJ u N lfl m in r a a o 0 v v'n m m o 0 oO10 a a o o n o ti n .n z z .n z .n . n .n O O O M a o m o I N N m m 111 m O 00 V V O O u1 O-1 rl .-i an v> Z Z tA Z Vf a/? v) a n in n o 0 0o rn CO O m m o 00 o o o n ..r z z .n z .n . n .n Y O u 7 O O .-1 O _ O O m m LL m S S O O S O N 2 2 Z Z S Z a a a Ol 00 00 Ol O V N c- O c l .--1 Ol N N V M V N ti.1 c-I N00 N Q L v U U U U(J lJ lJ tn w O O O O O l!1 Ol O I O N l0 V N l0 1!1 rn n m r o n v v o"'o v1Oi . o a V? N VT Vl VT VT VT tn Vf 0 0 0 0 0 0 0 0 0 V? V? V? V? Vl N Vf Vf Vf LL LL L 1— Qf Q1 Y UV1V1VItn ` D a a a a a, c m fa N in 0 0 0 0 3 3 — 0 0 0 0 0 0 V7 Vi (V7 lIl lL LL - lL l/ w w w w w w w w„ J J J J) J J J a LL a La1 lal LL a lal lal rl N[7 V lfl lO i 00 Q1 ti u a u u u u u a u R C bA N i vi xv i 0 L LJ LQi c w W 102 103 104 105 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0632 LOG NAME: 13P ITB24-0101 RD AND HWY BUILDING MATERIALS (READY MIX) TPW CB SUBJECT (ALL) Authorize Execution of Non-Exclusive Purchase Agreements with H & H Concrete on Demand Inc. and David-Tehoungue Ltd Co. for a Combined Annual Amount Up to $1,100,000.00 for the First Year for Road and Highway Building Materials and Authorize Four One-Year Renewal Options for the Same Amount for the Transportation and Public Works Department and Park and Recreation Department RECOMMENDATION: It is recommended that the City Council authorize non-exclusive purchase agreements with H & H Concrete on Demand Inc. and David-Tehoungue Ltd Co. for a combined annual amount up to $1,100,000.00 for the first year for road and highway building materials and authorize four one-year renewal options for the same amount for the Transportation and Public Works Department and Park and Recreation Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize non-exclusive purchase agreements with H & H Concrete on Demand Inc., and David-Tehoungue Ltd Co., for a combined annual amount up to $1,100,000.00 for road and highway building materials (Ready Mix) for the Transportation and Public Works Department (TPW) and Park and Recreation Departments for various street repairs, new installations of utilities, and road construction projects throughout the City of Fort Worth. The bid was advertised in the Fort Worth Star-Telegram on April 3, 2024, April 10, 2024, April 17, 2024, and April 24, 2024. Two bid responses were received. The Invitation to Bid (ITB) consisted of detailed specifications from the Texas Department of Transportation for road and highway building materials (Ready Mix), including the grade of materials and method of delivery required. The TPW certifies that H & H Concrete on Demand Inc., and David- Tehoungue Ltd Co. meet the requirements stated in the specifications. It is recommended that multiple agreements be awarded to ensure Ready Mix is provided to the City in a timely manner. Under these non- exclusive purchase agreements, the Departments shall request products based on the lowest cost available considering availability and vendor proximity to the worksite. No guarantee was made that a specific amount of product would be purchased. The Departments have included sufficient resources in their budget to acquire these products on an as-needed basis. The combined annual amount under these agreements will be $1,100,000.00. However, the actual amount will be based on the needs of the department and the available budget. Purchase of these items will be based on price and availability. Item UOM Estimated Quantity Required Mixed Design # Unit Price Vendor 1 Total Cost Vendor 1 Unit Price Vendor 2 Total Cost Vendor 2 3,000 PSI (5 Sack) Ready Mix Concrete Delivered to the Jobsite. Cubic Yard 229 3000 $220.00 $50,380.00 $185.00 $42,365.00 5,000 PSI (7 Sack) Ready Mix Concrete Delivered to the Jobsite.Cubic Yard 2182 5000 $263.00 $573,866.00 $195.00 $425,490.00 3,000 PSI (5 Sack) Ready Mix Concrete Picked up at Vendor's Plant Cubic Yard 408 3000 $215.00 $87,720.00 No Bid No Bid 106 5,000 PSI (7 Sack) Ready Mix Concrete Picked up at Vendor's Plant Cubic Yard 339 5000 $253.00 $85,767.00 No Bid No Bid Flowable Fill No.3, Delivered to jobsite.Cubic Yard 410 3 $215.00 $88,150.00 $135.00 $55,350.00 Flowable Fill No.3, Picked up at Vendors Plant.Cubic Yard 294 3 $193.00 $56,742.00 No Bid No Bid Transportation/Delivery Rate for all material Specified above for delivery, per mile Mile 1 1 $10.00 $10.00 $1.00 $1.00 Fuel Surcharge Surcharge 1 1 $185.00 $185.00 $100.00 $100.00 Standing Time Charge EA 1 1 $105.00 $105.00 $180.00 $180.00 Total $942,925.00 $523,486.00 Funding is and will be budgeted in the General Fund and Stormwater Utility Fund for the TPW Department and the General Fund for the Park and Recreation Department for the initial term of the agreements in Fiscal Years 2024 & 2025. DVIN-BE: The Business Opportunity Division placed a 5% business equity goal on this solicitation/contract. H & H Concrete On Demand, Inc., will be exceeding the goal at 5.99%, meeting the City’s Business Equity Ordinance. David-Tehoungue Ltd Co is in compliance with the City's Business Equity Ordinance by committing to 85.72% MWBE participation on this project. Any changes in subcontractors will be reviewed by the Business Opportunity Division. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and shall expire one year after that date. RENEWAL TERMS: The agreements may be renewed for four (4) one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as previously appropriated, and upon adoption of the Fiscal Year 2025 Budget by the City Council, funds will be available in the Fiscal Year 2025 Operating Budget, as appropriated, in the General and Stormwater Utility Funds. Prior to an expenditure being incurred, theTransportation and Public Works and Park and Recreation Departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Reginald Zeno 8517 Jesica McEachern 5804 Originating Business Unit Head:Reginald Zeno 8517 Lauren Prieur 6035 Additional Information Contact:Jo Ann Gunn 8525 107 Charles Benson 8063 108 FY 2024/2025 Street, Alleys and Sidewalk Maintenance Funds Council Meeting 10/15/24 Alley Repair Street Repair Sidewalk Repair $437,500.00 $464,050.00 $270,000.00 $160,000.00 $182,000.00 $108,000.00 Subtotal $277,500.00 $282,050.00 $162,000.00 New Remaining Balance $277,500.00 $282,050.00 $162,000.00 Departmental Operating Funds FY24/25 Budget Contract No. 37343 109 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO H&H CONCRETE ON DEMAND FOR THE PURCHASE OF CONCRETE, FLOW-FILL AND SITE-MIX FOR SIDEWALK, ALLEY, STREET, CURB AND GUTTER REPAIRS; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texashereby authorizes the City Manager to issue a purchase order to H&H Concrete On Demand in the amount of $450,000.00 for the purchase of concrete, flow-fill and site-mix for sidewalk, alley, street, curb and gutter repairs. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6th DAY OF NOVEMBER, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 110 Agenda Item No:4.10 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $ 64,780.00 with Halff Associates, Inc. to prepare construction plans and specifications for the Arbor Glen Road Concrete Pavement Repairs project. (Hartline) Suggested Action: Background: This contract will authorize Halff Associates, Inc. to prepare construction plans and contract specifications for the Arbor Glen Road Concrete Pavement Repairs project. City Council approved funding for the repair of this street in the 2024 / 2025 CIP budget. The street segment of Arbor Glen Drive to be repaired during this project is as follows. • From Branch Hollow Drive to Blair Oaks Drive including the Blair Oaks Drive/Arbor Glen Drive Intersection. Street Improvements will include full-depth, concrete reconstruction with subgrade remediation. Above ground utility appurtenance adjustments will also be performed if located within the areas of the street being paved. The design contract includes a field inspection of Arbor Glen Drive, preparation of paving repair recommendations, geotechnical investigation services, preparing construction specifications and drawings, bidding services and construction management. The total cost of the contract with Halff Associates, Inc. is $64,780.00. With approval, the project is anticipated to start construction in May 2025 with an estimated completion in August 2025. Attachments: Location Map Engineering Services Contract Financial Summary Res. 2024-xxx Halff Associates Inc Contract.doc 111 Ma in M e m o rial Aztec B lair O a k s Arbor Glen Alpha A v e r y S H 1 2 1 Standridge So u th C ol on y La ke sid e Worley Cougar Alley Runyon C r e e k H o l l o w Highridge Alta O ak s C lo v e r V alle y A m h u r st Shadowridge R i d g e p o i n t e Sarasota B i s c a y n e H aw seBlue GlenAsh Glen N e w p o r t Branch Hollow Steepleridge S H 1 2 1 O n R a m p S a m R a y b u r n T oll w a y C r o o k e d R id g e S a d d l e ri d g e B l u e R i d g e Cape Cod Pear Ridge Westport L a k e s h o r e R i d g e c r e s t B o c a R a t o n Friendship Blaynes Goodman R u s t i c R i d g e M e m o rial Main µLocation MapArbor Glen Road Concrete Pavement Repairs Floor & Decor Rooms To Go Abuelos Arbor Glen Drive Limits 112 1 STATE OF TEXAS § CITY OF THE COLONY, TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services (“Agreement”) is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and Halff Associates, Inc. (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by and through the Parties’ authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for Arbor Glen Road Concrete Pavement Repairs (“Project”) in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, 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 Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional’s profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the “Effective Date”) and shall continue until completion of the services provided by Professional to City under this Agreement. 113 2 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City 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 City’s request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City 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 Professional in connection with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re- use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City’s sole risk, without liability to 114 3 Professional. Notwithstanding any language to the contrary Professional has, shall have, and shall continue to have all rights and privileges related to the use of the information contained in the Project Documents. City understands and agrees that the P roject Documents contain information, details and other data of value (“technical data”) that are at the core of Professional’s business and that any perceived transfer of such technical data would adversely limit, affect and impact Professional’s interests and, in order to avoid unduly affecting, impacting and limiting Professional's business, Professional shall identify such technical data to City, when necessary. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit B. 4.2 In the event Professional’s performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional’s request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after Professional has actual knowledge of the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by payment of a not to exceed fee of $64,780.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional’s approved monthly invoice and other documentation submitted. 115 4 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. 116 5 Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional’s services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs Professional’s work, except as may be set forth in Exhibit A. 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professional’s negligent performance of any of the services furnished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: City Manager 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed 117 6 Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by the negligent error, omission or act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader . C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. 118 7 Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 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. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 119 8 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 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 by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, 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, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 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 City: With Copy to: City Manager Director of Engineering City of The Colony City of The Colony 6800 Main Street 6800 Main Street The Colony, Texas 75056 The Colony, Texas 75056 If intended for Professional: Halff Associates, Inc. Attn: Kevin J. Gronwaldt, PE 2601 Meacham Boulevard, Suite 600 Fort Worth, TX 76137 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of 120 9 Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING REIMBURSEMENT OF COURT COSTS, REASONABLE ATTORNEY’S FEES AND COSTS OF INVESTIGATION IN PROPORTION TO PROFESSIONAL’S LIABILITY) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL’S WILLFUL MISCONDUCT OR PROFESSIONAL’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY 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 THE NEGLIGENCE OF THE CITY). PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional’s obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance under this Agreement, the cost to City to complete the services to be performed under this 121 10 Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional’s obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional’s own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential Information” means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non- public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. 122 123 A-1 EXHIBIT “A” SCOPE OF SERVICES for Construction Plans, Specifications and Estimates Arbor Glen Road Concrete Pavement Repair in THE COLONY 1. Description: Arbor Glen Road in the City of The Colony has been identified for pavement rehabilitation under this contract. The street limits are as follow: Arbor Glen Road – Totaling 1,910 LF Segment 1 – From Branch Hollow Drive to Ash Glen Lane (860 LF) Segment 2 – From the eastern curb return of Blair Oaks Drive to 1,000 feet +/- west of the intersection of Blair Oaks Drive and Arbor Glen Road (Alley west of 4908 Arbor Glen Road). (1,050 LF) Street improvements shall include concrete panel replacements at locations as noted on simplified exhibits. Water, Sewer and Storm improvements are not included in this contract. Above-ground utility appurtenance adjustments shall be made within the street pavement only. This project involves visual inspection of the street, preparation of pavement repair recommendations, simplified construction plans, opinion of probable construction cost (OPCC) estimates, construction contract documents, and bidding and construction administration services. 2. Assumptions: A. Recommendations for repairs shall be made based on visual inspection of the street. Panel replacement locations shall be shown on the simplified construction plans based on field measurements. B. No surveying services shall be provided under this contract. C. Geotechnical engineering services shall be provided for pavement and subgrade recommendations. City standard pavement section details shall be considered along with geotechnical recommendations when finalizing pavement section. D. Estimates and simplified construction plans will be prepared using field data gathered during visual inspections, latest aerials, planimetrics, LiDar 124 A-2 and contours. The City shall provide the Professional latest NCTCOG mapping data for use in project plans preparation. E. This scope of work assumes that the Contractor shall be required to provide topographic surveys, both pre-construction and post-construction, to verify that drainage patterns were maintained, and existing grades were met. F. This scope of work assumes that the Contractor shall be required to perform pre-construction television inspection (CCTV) of the existing sanitary sewer system to verify existing condition of the sewer pipe and perform point repair as necessary. The Contractor shall also be required to perform material testing of the in-situ backfill atop the existing sanitary sewer line to confirm the existence of any voids or insufficiently placed materials and recompact backfill as required. G. This scope of work assumes that full-depth, panel replacements, with subgrade remediation, shall take place within the entire back-of-curb to back-of-curb road section of Arbor Glen Road for Segment 1 provided in the scope. This scope of work assumes that full-depth, panel replacements, with subgrade remediation, shall take place only within the northernmost, westbound lane of Arbor Glen Road for Segment 2 provided in the scope. No utility plans shall be provided. Inlet tops shall be assessed in the field for replacement as required. No other drainage improvements shall be included. H. This scope of work assumes that no pavement repair or panel replacements will take place in Arbor Glen Road between Ash Glen Lane and the alley immediately west of 4908 Arbor Glen Road. I. Texas Department of Licensing and Regulation (TDLR) permitting is not included in this contract as pedestrian facilities improvements are not proposed or associated with this project. 3. Work Plan: A. Construction Plans: The Professional shall develop construction plans for review, bidding, construction, inspection and record keeping. In general, construction plans shall be consistent with normal practice for projects of this nature. The following particulars will also apply. The construction plans will consist of numerous sheets ordered as follows: (1) Cover Sheet and Sheet Index: The cover sheet shall include a location map. Additionally, the cover sheet shall show the project name, project number, date, City logo, Professional’s name, address, and telephone number and other items as may be specified. 125 A-3 Following the title sheet shall be a sheet index with drawings numbered consecutively and without subscripts. (2) Project Layout Sheet: The project layout sheet will be drawn to a scale of 1” = 50’ and laid out with the north arrow up or to the right. The purpose of the project layout is to depict the project in a simplified view. Major items of work will be shown without excessive detail. (3) Project General Notes and Legend: These sheets will include a listing of abbreviations, legend, and general notes. (4) Typical Sections: Typical sections shall be drawn to scales of 1” = 5’ h and 1” = 2’ v and shall depict a view looking north or east. As a minimum, typical sections will be drawn showing the relationship of the proposed street and existing and proposed improvements. Typical sections will include existing roadways, right-of-way lines, etc., along with all proposed highway improvements and will depict all significant items of work. (5) Plan Sheets: Plan sheets will be arranged from south to north and from west to east, with the north arrow up or to the right on the sheet. Plan sheets will be drawn to a scale of 1” = 20’ and shall be dual pane. Stationing will be from south to north or west to east with the beginning station being set at approximately 1+00. Each plan sheet will include no more than 500 feet of street; thus, leaving ample margins both left and right. When there is a centerline curvature, the plan should be drawn so that as much of the plan view is in alignment as possible. Plan sheets shall depict all existing and proposed items pertinent to the project. (6) Detail Sheets: The City’s standard drawings will be used as a beginning point in developing standard details for this project. They will be reviewed and modified for this project. Where other agency standards are used, they shall be reduced as necessary to fit on the City’s standard sheet format with complete title block. (7) Review Plans: Preliminary plans and project manual shall be prepared and submitted at the 60% milestone. Professional shall attend one (1) meeting after submittal of the 60% milestone for a plans-in-hand review to discuss and address City comments of the plans and project manual. Final plans and project manual shall then be prepared and submitted at the 100% milestone. Also, the Professional may submit plan sheets or working drawings to the City for review and comment to reduce the number of revisions that otherwise would be required. No meetings at the 100% milestone are included in this scope. 126 A-4 (8) Design: The design of the project shall be in general accordance with the City of The Colony ordinances, standard details, and good Engineering practices. (9) Prints: The Professional shall provide prints of construction plans fo r review and permitting. Five (5) sets of half-size plans will be submitted to the City for each review stage. The Professional will provide up to eight (8) sets of half-size prints for bidding and construction. Electronic files in PDF format shall be provided to the City for use by City staff and for posting on BONFIRE. (10) General: Construction plans shall be furnished full-size and half-size. Overall dimensions of full-size construction plans shall be 22” x 34”. The City’s standard format shall be used. Up to two (2) full-size and five (5) half-size final construction plans shall be furnished to the City. Up to two (2) full-size and six (6) half-size final construction plans shall be furnished to the Contractor. Electronic files in PDF and DGN or DWG format shall be provided to the Contractor for use during construction. (11) Generic Sheet List: Following is a general list of plan sheets required for each construction package. (a) Cover Sheet (b) Sheet Index and Legend (c) Project General Notes (d) Typical Paving Sections (e) Project Layout Sheet (f) Paving Plan Sheets (g) City of The Colony Pavement Standard Details (h) Miscellaneous Pavement Details B. Specifications: The Professional shall prepare a project manual and technical specifications required for bidding and constructing the project. The project manual will be provided in the City’s standard format. Only specifications amending or supplementing NCTCOG specifications need be furnished. Project manual, specifications, bid items and quantities shall be furnished on hard copy and by electronic file. C. Estimates: Estimates of probable cost will be developed at each milestone submittal. Professional shall utilize current unit prices taken from recent bid tabs from similar projects. Additionally, TxDOT average low bid unit prices may be used in the development of estimates. D. Site Visit: The Professional shall attend one (1) site visit to the project site to confirm panel replacement limits, verify condition of existing inlet tops for replacement, verify the need for any above-ground utility 127 A-5 appurtenance adjustments and verify condition of panels in the eastbound lane of Arbor Glen Road that may require replacement as needed. E. Public Meetings: The Professional shall not be required to attend public meetings for this project. F. City Council Coordination: The Professional shall not be required to attend any City Council meetings under this contract. G. Bidding, Construction, Closure: (1) Bidding – During the bidding phase, the Professional will prepare bid documents and assist the City in advertising the project for bids. The Professional will address technical questions and prepare addenda and issue to the bidders. The Professional shall attend one (1) pre- bid meeting and prepare minutes. The Professional shall attend one (1) bid opening meeting and receive bidder submittals/packages. The Professional will tabulate bids and make recommendation for award of contract. (2) Construction: (a) Attend one (1) pre-construction meeting and monthly progress meetings as required. Document each meeting with written minutes. This scope includes attendance of up to four (4) monthly progress meetings. (b) Visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and quality of the executed work. In performing these services the Professional will endeavor to protect the City against defects and deficiencies in the work of the Contractor. However, the Professional cannot guarantee the performance of the Contractor, nor be responsible for the actual supervision of the construction operations or for the safety measures that the Contractor takes or should take. Intervals shall not exceed three (3) site visits throughout the duration of the project. (c) Review shop drawings and Contractor submittals. (d) Review laboratory test reports on materials and equipment. (e) Prepare and negotiate Change Orders between the Contractor and the City. (f) Prepare record drawings from information supplied by the Contractor. (g) Attend final inspection and prepare a punch list report. (3) Closure – The Professional shall prepare “record” plans, incorporating all changes and known variations to provide the City the best possible 128 A-6 set of record drawings. The final record drawings shall be furnished in .tif and .pdf format on CD. CADD files shall be furnished on CD as well. H. Geotechnical Investigation: The Professional will subcontract with CMJ Engineering to provide sub-surface investigations in the form of boring logs. Borings shall be of sufficient depth and spacing to provide general information needed for the design and construction of the project. I. Miscellaneous: Miscellaneous services not provided for herein and not generally associated with a project of this type will be paid for under an amendment to this Agreement and for an additional fee. (1) Surveying services. (2) Additional design services not specified in this proposal. (3) Gas, telephone, and cable design. (4) Water, sewer, and storm drain design services other than as noted. (5) Landscape and irrigation design. (6) Subsurface Utility Engineering (SUE) services. (7) TxDOT Permitting (8) TDLR Permitting (9) Franchise Utility Coordination (10) Public Meetings (11) City Council Meetings (12) Inspection (13) Materials Testing 4. Schedule: A. Completion of geotechnical investigation: 45 calendar days from date of written authorization to begin work. B. Completion/furnishing 60% preliminary plans, specifications, bid quantities, and construction cost estimate: 90 calendar days from date of written authorization to begin. C. Completion/furnishing 100% final plans, specifications, bid quantities, and construction cost estimate: 45 calendar days from date of receipt of City 60% comments. D. Bidding services: 60 calendar days from city’s approval of final plans. E. Construction services: In accordance with construction schedule (estimated to be 120 calendar days total) 129 A-7 F. Closure: 60 calendar days from the date of construction completion. 130 B-1 EXHIBIT “B” COMPENSATION for Construction Plans, Specifications and Estimates Arbor Glen Road Concrete Pavement Repair in THE COLONY Exhibit “B” defines the basis of compensation to the Professional for the services rendered. A. Basic Fee Services – The basic fee for the services as described in Exhibit “A” will be $51,900 which includes direct costs and computer charges normally associated with production of these services. The basis of compensation for Basic Fee services shall be as follows: 1. $19,000 – Preliminary Design Phase (60% submittal) 2. $9,900 – Final Design Phase (100% submittal) 3. $23,000 – Construction Phase Services The fees established above shall be considered lump sum fees. Costs incurred will not be exceeded without prior approval from the City of The Colony. Services will be billed monthly based on the percentage of the work complete and may include partial payments of the total amounts designated for each task. B. Special Services – Special Services will be billed monthly based on actual completion of the tasks and may include partial payments of the total amounts designated for each item. The table on the following page summarizes special services fees. TASK DESCRIPTION FEE 1. Geotechnical Investigation $11,880 2. Reimbursable Expenses (Printing, Deliveries, Mileage, etc.) $1,000 TOTAL SPECIAL SERVICES $12,880 The total maximum fee for all services is $64,780.00 (sixty-four thousand seven hundred eighty dollars and zero cents). All fees shall be billed as lump sum. 131 City of The Colony 10/1/2024 Arbor Glen Road Concrete Pavement Repairs Halff Associates (1)(2) Task Team Leader Project Manager QA/QC EIT CADD Clerical Total Hours Total Fees, Materials & Supplies Subtotal Total $210.00 $175.00 $285.00 $145.00 $100.00 $80.00 Hours Project Special Services Geotechnical Investigation $10,800.00 $1,080.00 $11,880.00 $11,880.00 Printing and Delivery Costs, Mileage, Expenses 5.0 5.0 $400.00 $600.00 $1,000.00 $1,000.00 SUBTOTAL - Special Services 5.0 5.0 $11,200.00 $1,680.00 $12,880.00 $12,880.00 Basic Fee Services Simplified Construction Plans (Approx. # of Sheets) Arbor Glen Road Cover Sheet (1)1.0 1.0 2.0 $245.00 $245.00 $200.00 Sheet Index and Legend (1)1.0 1.0 2.0 $245.00 $245.00 $200.00 General Notes (2)1.0 2.0 3.0 $345.00 $345.00 $300.00 Typical Paving Sections (1)1.00 4.0 1.0 6.0 $855.00 $855.00 $900.00 Project Layout Sheets (1)1.00 6.0 1.0 8.0 $1,145.00 $1,145.00 $1,100.00 Paving Plans (4)1.00 4.00 66.0 4.0 75.0 $10,880.00 $10,880.00 $10,900.00 Miscellaneous Pavement Details (1)1.0 1.0 2.0 $245.00 $245.00 $200.00 City of The Colony Storm Drain Standard Details (2)1.0 1.0 $100.00 $100.00 $100.00 City of The Colony Erosion Control Details (1)1.0 1.0 $100.00 $100.00 $100.00 City of The Colony Pavement Markings and Signage Details (1)1.0 1.0 $100.00 $100.00 $100.00 TxDOT Details (2)0.5 1.0 1.5 $172.50 $172.50 $200.00 Quantities and Cost Estimates 0.50 2.00 12.0 14.5 $2,414.50 $2,414.50 $2,400.00 Specifications / Project Manual 2.00 4.00 2.0 24.0 32.0 $5,687.00 $5,687.00 $5,700.00 Site Visits (1)5.00 5.0 10.0 $1,760.00 $1,760.00 $1,800.00 Meetings (1)3.00 3.00 6.0 $1,270.50 $1,270.50 $1,300.00 Address City Comments (60% Review) Plans and Specs 1.00 2.00 2.0 12.0 2.0 19.0 $3,377.00 $3,377.00 $3,400.00 Bidding and Construction Phase Services Pre-Bid Meeting (1)3.00 3.0 6.0 $1,171.50 $1,171.50 $1,200.00 Bid Opening Meeting (1)3.00 3.0 6.0 $1,056.00 $1,056.00 $1,100.00 Bidding / Addenda 1.00 4.0 2.0 7.0 $1,006.50 $1,006.50 $1,000.00 Contracts / Agreements / Recommendation Letter / Bid Tab 1.00 4.00 16.0 21.0 $3,553.00 $3,553.00 $3,600.00 Pre-Construction Meeting (1)3.00 3.00 6.0 $1,270.50 $1,270.50 $1,300.00 Submittals / Pay Requests / Schedules / Change Orders / Plan Revisions 2.00 8.00 24.0 34.0 $5,830.00 $5,830.00 $5,800.00 Monthly Construction Meetings and Site Visits 6.00 16.00 16.0 38.0 $7,018.00 $7,018.00 $7,000.00 Final Inspection and Punchlist 3.00 3.0 6.0 $1,056.00 $1,056.00 $1,100.00 Record Drawings 0.50 2.0 4.0 6.5 $855.25 $855.25 $900.00 SUBTOTAL - Basic Fee Services 22.5 60.5 4.0 204.5 21.0 2.0 314.5 $51,758.25 $51,758.25 $51,900.00 TOTAL PROJECT 22.5 60.5 4.0 204.5 21.0 7.0 319.5 $62,958.25 $1,680.00 $64,638.25 $64,780.00 132 P: 817.284.9400 7636 Pebble Drive F: 817.589.9993 Fort Worth, Texas 76118 Proposal No. 24-9735 (Revised) October 1, 2024 Halff Associates, Inc. 2601 Meacham Boulevard, Suite 600 Fort Worth, Texas 76137 Attn: Mr. Kevin Gronwaldt, P.E. PROPOSAL FOR: GEOTECHNICAL ENGINEERING SERVICES ARBOR GLEN ROAD PAVEMENT REPAIR BRANCH HOLLOW DRIVE TO BLAIR OAKS DRIVE THE COLONY, TEXAS Dear Mr. Gronwaldt: INTRODUCTION CMJ Engineering, Inc. (CMJ) is pleased to submit a proposal for providing geotechnical engineering services in conjunction with the above-referenced project. We prepared this proposal based on an email from you and on the preliminary scope submitted to this office. We understand Arbor Glen Road has experienced significant localized distress from Branch Hollow Drive to Ash Glen Lane and from Blair Oaks Drive to the alley southwest of Camey Elementary School. The existing roadway is understood to consist of Portland cement concrete. The project, as currently planned, will consist of full-depth replacement of selected concrete panels in the distressed areas. No underground utility improvements are anticipated. For purposes of this proposal, it is assumed that all borings are accessible to truck-mounted drilling equipment. In addition, it is assumed that underground utilities at boring locations will be coordinated by CMJ Engineering, Inc. prior to field drilling. 133 Halff Associates, Inc. Proposal No. 24-9735 (Revised) October 1, 2024 Page 2 SCOPE OF SERVICES I. BASIC SERVICES A. SUBSURFACE EXPLORATION Based on past experience in the vicinity of the project, we anticipate subsurface conditions to consist of soils and shale of the Eagle Ford geological formation. Experienced drillers and technicians will evaluate subsurface conditions with a total of four (4) sample borings drilled to a depth of 10 feet. The field personnel will drill the borings using truck-mounted equipment. Cohesive and non- cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. The borings will be located using hand-held GPS equipment. Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, boreholes will be backfilled with sand and patched at the surface with quick-set concrete. B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: • moisture content and soil identification • liquid and plastic limit determinations • unit weight determinations • unconfined compressive strength-soil • absorption pressure and/or one-point pressure swell tests • soluble sulfate tests for lime-induced heaving potential The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. 134 Halff Associates, Inc. Proposal No. 24-9735 (Revised) October 1, 2024 Page 3 C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide two copies of the report. The report will address: • general soil and ground-water conditions • recommendations for subgrade soil subgrade preparation • comments on the presence of sulfates • remedial measures as required • guidelines for concrete pavement (panel) design • earthwork recommendations Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. Additional Services are described in Section II. D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be performed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and the attached Basic Services Cost Estimate, the total cost of the Basic Services should be on the order of $10,700 to $10,800. For budget purposes, a maximum cost of $10,800 is recommended. This cost for Basic Services will not be exceeded without prior authorization. The estimated costs shown in this proposal are based on the anticipated soil conditions. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, we will notify you accordingly. E. SCHEDULE FOR BASIC SERVICES Weather permitting, we plan to initiate these studies within fifteen days of receipt of notice to proceed and anticipate that one working day will be required to complete the subsurface exploration for the site (weather conditions permitting). You will receive the final report approximately three weeks following the completion of the field phase. We will make preliminary design data available sooner if necessary. 135 Halff Associates, Inc. Proposal No. 24-9735 (Revised) October 1, 2024 Page 4 II. ADDITIONAL SERVICES A. AUTHORIZATION AND SCOPE Additional Services will be performed only if specifically requested and authorized by Client. Additional Services may consist of the following: • Additional subsurface exploration, including quantities or items other than described in Basic Services. • Bulldozer or other equipment services required to achieve access to boring locations. • Stand-by time or time in excess of one-half hour required for travel between boring locations. • Additional laboratory services, including quantities or items other than described in Basic Services. • Additional insurance coverage or limits (if available) other than CMJ's standard policies. • Additional engineering services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by Client or Client's other consultants, assistance to Client in dealing with regulatory agencies, preparation and engineering assistance in legal proceedings, and evaluation of alternative designs for the project or relocation of structure, following initial submittal of the geotechnical report. • Additional copies of the report, other than the number described in Basic Services. • Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B. COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees. Additional Services will be performed at reasonable times and within reasonable schedules as requested by Client. Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided. III. TERMS AND CONDITIONS The scope of services will be performed pursuant to the Subcontract Agreement with Halff Associates, Inc. Thank you for the opportunity to present this proposal. Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed scope of services. * * * * 136 Halff Associates, Inc. Proposal No. 24-9735 (Revised) October 1, 2024 Page 5 We look forward to working with Halff Associates, Inc. on this project. Respectfully submitted, CMJ ENGINEERING, INC. Daniel R. Green, Ph.D., E.I.T. Graduate Engineer copies submitted: (1) Mr. Kevin Gronwaldt, P.E.; Halff Associates, Inc. (by email) 137 FINANCIAL SUMMARY: Are budgeted funds available: Yes Fund(s) (Name and number): Residential Street Reconstruction 896-669-6670-2501 Cost of recommended contract award: $ 64,780.00 Total estimated project cost: $ 64,780.00 Engineering Already authorized Yes No $ 64,780.00 Total estimated costs 138 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH HALFF ASSOCIATES, INC. TO PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE ARBOR GLEN ROAD CONCRETE PAVEMENT REPAIRS PROJECT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, has duly reviewed and considered the Engineering Services Contract with Halff Associates, Inc. to prepare construction plans and specifications for the Arbor Glen Road Concrete Pavement Repairs Project; and Section 2. With this contract, the City of The Colony is agreeing to the services in the amount of $64,780.00 for such work. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF NOVEMBER 2024. __________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____________________________________ Jeffrey L. Moore, City Attorney 139 Agenda Item No:4.11 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County for engineering and construction services for the widening of Memorial Drive as a six-lane roadway between Standridge Drive and the eastern City limits. (Hartline) Suggested Action: Background: Denton County and the City mutually desire to enter into an Interlocal Cooperation Agreement for the purpose of providing engineering, right-of-way acquisition, utility relocations, inspections and construction for the widening of Memorial Drive as a six-lane roadway between Standridge Drive and the eastern City limits, located entirely in the municipal limits of the City and Denton County Commissioner Precinct #2. Denton County and the City both have agreed that the total costs for the work to be performed on Memorial Drive is estimated at Nineteen Million Five Hundred Thousand and No/100 Dollars ($19,500,00.00), whereby Denton County has agreed to make an initial contribution toward satisfactory completion of the project, based on available funding, in an amount which shall not exceed Two Million Three Hundred Fifty Thousand and No/100 Dollars ($2,350,000.00). Denton County has agreed to make a future contribution toward satisfactory completion of the project, based on available funding for increasing their contribution amount to a total of Nine Million Seven Hundred Fifty Thousand and No/100 Dollars ($9,750,000.00). The City of The Colony will be responsible for matching half the cost for the project up to Two Million Three Hundred Fifty Thousand and No/100 Dollars ($2,350,000.00). Staff has reviewed the Interlocal Cooperation Agreement with Denton County and recommends approval. Approving this Interlocal Cooperation Agreement will allow City Staff to proceed with the necessary engineering, right-of-way acquisition, utility relocation, inspections and construction services for the widening of Memorial Drive during this fiscal budget year. Attachments: Interlocal Cooperation Agreeement for Memorial Drive Widening Res. 2024-xxx Engineering Service Interlocal Cooperation Agreement with Denton County.doc 140 ICA, City of The Colony – Memorial Drive Page 1 of 7 THE STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas (“the County”), a duly organized political subdivision of the State of Texas; and the City of The Colony, Texas (“the City”), a duly organized political subdivision of the State of Texas. The County and the City are collectively referred to herein as “the Parties.” WHEREAS, the County and the City mutually desire to enter into this Agreement to provide engineering, right-of-way acquisition, utility relocations, inspections, and construction for the widening of Memorial Drive as a six-lane roadway between Standridge Drive and the eastern City limits located entirely in the City of The Colony municipal limits and Denton County Commissioner Precinct #2, hereinafter “the Project”; and WHEREAS, the estimated cost of completion for the Project is NINTEEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($19,500,000.00), with the initial County contribution toward satisfactory completion of the Project, based on current available funding, in an amount which shall not exceed TWO MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($2,350,000.00), but upon issuance of additional bond funds, this Agreement is intended to be amended at a future date to increase the County commitment toward satisfactory completion of the Project in an amount which shall not exceed NINE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($9,750,000.00), and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter “the Act,” provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act, and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County’s road system, and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: 141 ICA, City of The Colony – Memorial Drive Page 2 of 7 WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads, and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually, and in accordance with Section 791.011(d)(3) of the Act, each Party is paying for the performance of governmental functions and services from current revenues available to the paying party. II. The County and the City hereby agree that the scope of the Project shall be to provide engineering, right-of-way acquisition, utility relocations, inspections, and construction for the widening of Memorial Drive as a six-lane roadway between Standridge Drive and the eastern City limits, at an estimated cost of NINTEEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($19,500,000.00), whereby the County agrees to make an initial contribution toward satisfactory completion of the Project, based on current available funding, in an amount which shall not exceed TWO MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($2,350,000.00), but upon issuance of additional bond funds, this Agreement is intended to be amended at a future date to increase the County commitment toward satisfactory completion of the Project in an amount which shall not exceed NINE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($9,750,000.00). The Project is located entirely within the municipal limits of the City of The Colony and Denton County Commissioner Precinct #2. III. The County hereby agrees to make an initial contribution toward satisfactory completion of the project in an amount which shall not exceed TWO MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($2,350,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV. The City agrees to manage all engineering, right-of-way acquisition, utility relocations, inspections, and maintenance of the Project. The City shall timely provide the County with all invoices and requested documentation in an amount which shall not exceed TWO MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($2,350,000.00). 142 ICA, City of The Colony – Memorial Drive Page 3 of 7 V. This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. As the City proceeds with the completion of the Project, the City shall submit all invoices for reimbursement to the Denton County Auditor, Mr. Jeff May, c/o Mr. John Polster, Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234. The City shall submit invoices on a monthly basis, and the County shall reimburse the City on a pro rata basis for all approved expenses related to the Project within thirty calendar days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. VII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City’s representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance, or repair of a street or alley in the County that is located in the City. VIII. This agreement may be terminated in whole, or in part, by the County or the City upon thirty days written notice to the other party. In the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, and agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Richard Boyer, Mayor City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 Copy To: Ms. Tina Stewart, City Secretary City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 143 ICA, City of The Colony – Memorial Drive Page 4 of 7 For County: Honorable Andy Eads, Denton County Judge 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 andy.eads@dentoncounty.com holly.sadlowski@dentoncounty.com Copy To: Denton County District Attorney’s Office - Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 john.feldt@dentoncounty.gov cio@dentoncounty.gov X. The covenants, terms, and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XI. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XII. The City agrees to accept full responsibility for the acts, negligence and omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. XIII. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. The undersigned officers and 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, 144 ICA, City of The Colony – Memorial Drive Page 5 of 7 and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVI. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed, and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. Executed this ________ day of _______________________, 2024. DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS 1 Courthouse Drive, Suite 3100 6800 Main Street Denton, Texas 76209 The Colony, Texas 75056 By: ______________________________ By:_______________________________ Honorable Andy Eads Honorable Richard Boyer Denton County Judge Mayor of the City of The Colony, Texas Acting by and on behalf of the authority Acting by and on behalf of the authority of the Denton County Commissioners Court of the City of The Colony, Texas ATTEST: ATTEST: By: _____________________________ By: ______________________________ Denton County Clerk City Secretary 145 ICA, City of The Colony – Memorial Drive Page 6 of 7 COUNTY AUDITOR’S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. _________________________________ Denton County Auditor 146 ICA, City of The Colony – Memorial Drive Page 7 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, hereby gives its specific written approval to the following Project, prior to beginning of the Project in satisfaction of Texas Government Code §791.014. The scope of the Project shall consist of engineering, right-of-way acquisition, utility relocations, inspections, and construction for the widening of Memorial Drive as a six-lane roadway between Standridge Drive and the eastern City limits, with an estimated cost of completion of NINTEEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($19,500,000.00). The Project shall be located entirely within the municipal limits of the City of The Colony and Denton County Commissioner Precinct #2. The County hereby agrees to make an initial contribution toward satisfactory completion of the project in an amount which shall not exceed TWO MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($2,350,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of The Colony, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: _______________________________ By: ________________________________ Presiding Officer of the Denton County Commissioners Court 147 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR ENGINEERING AND CONSTRUCTION SERVICES FOR THE WIDENING OF MEMORIAL DRIVE AS A SIX-LANE ROADWAY BETWEEN STANDRIDGE DRIVE AND THE EASTERN CITY LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement for the purpose of engineering and construction services for the widening of Memorial Drive as a six-lane roadway between Standridge Drive and the eastern City limits; and WHEREAS, the City Council has determined that it would be in the best interest to enter into the Interlocal Cooperation Agreement with Denton County for engineering and construction services for the widening of Memorial Drive as a six-lane roadway between Standridge Drive and the eastern City limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County for engineering and construction services for the widening of Memorial Drive as a six-lane roadway between Standridge Drive and the eastern City limits; and Section 2.That this resolution shall take effect immediately from and after its passage. 148 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF NOVEMBER 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 149 Agenda Item No:4.12 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to sign an Engineering Services Contract in the amount of $ 337,700.00 with Quiddity Engineering, LLC. to prepare construction plans and specifications for the Phase 15A Residential Street Reconstruction project. (Hartline) Suggested Action: Summary of Request: This contract will authorize Quiddity Engineering, LLC. to prepare construction plans and contract specifications for the Phase 15A Residential Street Reconstruction project. City Council approved funding for the design of these streets in the 2024/2025 CIP budget. The streets to be designed during this project are listed below. Concrete Streets: Chapman Street – From Augusta Street to Curry Drive Bartlett Place – From Cul-De-Sac to Clover Valley Drive Independence Drive – Entire length of Independence Drive The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement. Sidewalk and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater mains and street lights will also be replaced, as needed. The design contract includes surveying, preparing construction plans and specifications, bidding assistance and construction management services. The total cost of the contract with Quiddity Engineering, LLC. is $ 337,300.00. With approval, the project is anticipated to start construction in August 2025 with an estimated completion in December 2026. Attachments: Location Map Engineering Services Contract Existing Conditions Photos Financial Summary Res. 2024-xxx Quiddity Contract - Phase 15A.doc 150 6053 Main Street Main Pa ig e Nas h Baker Fryer Fox Ragan S o u t h C ol o n y Blai r Oa ks Keys Norris M e m o r i a l North Colony Tu rn e r Squires Slay Taylor Strickland A zte c Reed Rice Roberts Et h r i d g e Gates El m N e w t o n Tr e g o Cur r y Big River Larner Glenview Trui tt Jo y Nervin Crawford Pruitt M a l o n e Hale Perrin CarrollLongo A v e r y Pemberton AdamsWil cox Gibson Kno x Shore Tree se CarrJenkins Worley D r i s c o l l Ireland Augusta John Yates C a l d w e l l Pearce Knight I o l a Ash lo ck Northpointe El l i o t W a g n e r Sherman C l a r y Phelps Marlar S H 1 2 1 St an le y Ter r y Bra n de n bu rg Hetherington Chapman Russell Powers Legend BedfordShannon Walk er Whe el er Sample Sagers A u t u m n Clover Valley B a rtlett Lake Highlands Rutledge Buckskin Chatham ALCOVE Ramsey ConcordMiller Doo le y King A l l e n Young A li s t e r Woodruff L a k e s h o r e Ya ge r Poole Runyon Apache Pettit M o r n i n g S t a r T y l e r Madison Mc af ee Jen n in g sDurbin Gr iff in B a l l a r d Overland Rock Canyon G a l l o w a y Rockwood Green Hollow V a d e n D un n Fallwater Darb y Thompson Lakecrest Queen Wexley Ward Younger Rolling Hill Archer Kisor Matson Phoenix Marsh C opper C anyon Sutton T w i t t y Freeman Day Spring Anderson Oxford Durango Hendrix Pa i n t e r Cheyenne Mountain Valley R i d g e c r e s t T u c k e r Cook W i l s h i r e Watson G a r d n e r Fisher L a k e P a r kHorseshoe Boga rd Kean G a r v i n Westwood Rearn O a k Wampler Fores t S k y l i n e U s h e r Bentley Brentwood Fall River W a t e r s E d g e M I D W I C K H o w a r d Foster Evans L o s t V a l l e y M I D O R A H a m i l t o n Fay G r a h a m S n o w C r e e k Inman Pin e bro o k M i d d l e t o n MerrellHeron Cove H a c k n e y Woodlands Haven Hills M e l r o y O'Hare Santa Fe P ly m o u t h Att erb ury JamesIndianola Keller Garrett H an n a SOUTHERN HILLS Tucson Latimer Chow ni ng B A S I L I C A Main Pa ig e S H 1 2 1 µLocation MapPhase 15 Street Reconstruction Chapman Street Floor & Decor Rooms To Go Abuelos Bartlett Place from Cul De Sac to Clover Valley Independence Drive 151 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 1 STATE OF TEXAS § CITY OF THE COLONY, TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services (“Agreement”) is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and Quiddity Engineering, LLC. (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by and through the Parties’ authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for the Phase 15A Street Reconstruction (“Project”) in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, 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 Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional’s profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the “Effective Date”) and shall continue until completion of the services provided by Professional to City under this Agreement. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 152 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 2 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City 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 City’s request and in furtherance of this Agreement or for the Project provided that City has justly compensated Professional for all effort and costs in accordance Article V of this agreement. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City 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 Professional in connection with this Agreement are “works for hire” and shall be the property of City provided that City has justly compensated Professional for all effort and costs in accordance Article V of this agreement Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re-use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City’s sole risk, without liability to Professional. 153 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 3 Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the “Budget Requirements and Work Schedule”), which is attached hereto and incorporated as Exhibit B. 4.2 In the event Professional’s performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional’s request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional as more specifically set forth in Exhibit “B” by payment of a fee not to exceed $ 337,700.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional’s approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. 154 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 4 Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional’s services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs Professional’s work, except as may be set forth in Exhibit A. 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by 155 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 5 Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for actual damages to City caused by Professional’s negligent performance of any of the services furnished under this Agreement. To the fullest extent permitted by law, the parties waive all claims against each other for any consequential or special damages, including without limitation loss of use of the project and loss of profit, incurred by either party allegedly due to the fault of the other regardless of the nature of the fault. The City and Professional, having balanced their respective risks and rewards to be realized under this Agreement, agree that the total liability of Professional to City for any Loss, as defined below, whether arising under this Agreement, any services provided, or the project shall not exceed in the aggregate the total professional fee paid to Professional. The City waives any and all Loss and claims for Loss against Professional in excess of such limitation. City further waives all claims for Loss against the individual owners, shareholders, or employees of Professional and shall look solely to Professional for satisfaction of any such claims of Loss. The term “Loss” means any and all actual and alleged loss, costs and damages of any nature (including without limitation, actual, special and consequential damages, vicarious liability, personal injury, death, property damage including loss of use thereof, and economic loss); and any expense (including without limitation reasonable attorney’s and experts’ fees and costs of litigation and defense) claimed through any direct claims, cross-claims, counterclaims or claims for subrogation, contribution or indemnity that arise, in whole or in part, in connection with this Agreement, its performance or interpretation or with respect to the project or services the Agreement describes. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Director of Engineering certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: Ron Hartline, P.E. Director of Engineering 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits 156 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 6 of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. NOTE:If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader . C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working 157 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 7 hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 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. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 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 by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 158 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 8 10.8 Survival of Covenants and Terms. 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, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 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 City: Ron Hartline, P.E. Director of Engineering City of The Colony 6800 Main Street The Colony, Texas 75056 If intended for Professional: Quiddity Engineering, LLC. Attn: Chief Operating Officer 6330 West Loop South Suite 150 Bellaire Texas 77401 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 159 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 9 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES 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 PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, 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 THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional’s obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 160 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 10 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional’s obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional’s own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential Information” means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. 161 162 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 12 Exhibit A Scope of Services Project Understanding The City has requested the Professional to perform topographic survey and engineering services for the reconstruction of the paving, waterlines and sanitary sewer for the Phase 15A Street Reconstruction project. Design standards shall be the new City Engineering Design Manual approved in 2023. The engineering design services for this project includes the following concrete streets: • Chapman Street: Approximately 1,600 LF of Chapman Street from Augusta Street to Curry Drive • Bartlett Place: Approximately 620 LF of Bartlet Place from cul-de-sac to Clover Valley Drive • Independence Drive: Approximately 1,800 LF of entire length of Independence Drive The pavement typical section will be based on the City’s typical pavement section provided by the City, 6” of Portland Cement concrete pavement over 6” Type A Grade 2 flexible base. The proposed paving, sidewalk and driveway improvement widths and limits will be replaced back into their existing locations with the sidewalk being located offset from the back of curb or at its current location. Vertical profile design of the paving, sidewalks and driveway will be replaced in- kind to 0.8% longitudinal slope where possible without the use of cascading profiles with sags, retaining walls or added drainage improvements in streets or yards. Sidewalks shall be 5’ in width and adhere to ADA design standards and the new 2023 City Engineering Design Manual. Waterline improvements include approximately 4,500 LF of 8-inch waterline offset from the existing waterline within the road limits stated above and will connect to existing waterlines at Augusta Street, Carr Street, Curry Drive, Clover Valley Drive, Fay Circle, Turner Drive, Bogard Drive, Dunn Drive, McAfee Drive, and Dooley Drive. Any concrete disturbed on streets other than Chapman Street Bartlett Place, and Independence Drive due to waterline tie-in will be designed for concrete panels to be replaced. The sanitary sewer improvements for this project include abandon in place or remove as needed and replacement of approximately 3,800 LF of 8-inch and 18-inch sanitary sewer mains within Chapman Street, Bartlett Place, and Independence Drive. Manholes will be placed near Dunn Drive, and Fay Circle near Independence Drive to connect to the existing sanitary sewer systems as they leave the project area. The proposed paving profiles will not include a cascading profile with sags. No drainage calculations or drainage improvements are included with this project other than replacement of existing curb inlet tops or changing the size of the inlet to the desired length to be indicated by the City. We understand that the project area is currently not experiencing drainage problems (i.e., building flooding, etc.). 163 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 13 Streetlight improvements will include conduit, pull boxes and pole foundation/bases (using City standard details) for the length of the project with lights spaced at 300 feet in accordance with City standards. Selection and specification of lighting poles and fixtures, along with lighting photometrics and/or illumination evaluation, is not included in this scope. Based on our understanding of the City’s needs and the project area characteristics, we prepared the following scope of services and fee proposal for your consideration. Scope of Basic Services 1) Schematic Phase The purpose of this task is for the Professional’s Engineer to assess the street geometric alignments and identify the best locations for proposed waterline, sanitary sewer, drainage, street lighting and potential known conflicts. The schematic design phase shall include the following: a. Kickoff meeting with City representatives, with a project site visit to observe existing conditions. b. Identify and seek to obtain data for existing conditions in the project area such as: record drawings, utilities, master plans, tree protection requirements, design standards, plats, rights-of-way, easements, and property ownership. c. Prepare a 30% schematic design scroll plot showing the proposed plan for paving, water, sanitary sewer, storm sewer, and lighting, shown with an aerial image and topographic survey of the project area. A profile view will be provided of the existing surface to demonstrate existing longitudinal street grades. d. Coordinate with City staff for the location and sizing of the contractor staging area that will be provided by the City. e. The City staff shall review and meet with the Engineer to discuss the schematic scroll plots. f. Preparation of a preliminary opinion of probable construction cost. g. Attendance or presentations to city council or neighborhood organizations can be performed as an additional service if needed. h. Traffic studies are not anticipated or included. i. Environmental services are not anticipated or included. 2) Design Phase The purpose of this task is for the preparation of construction plans for the project. The design phase shall include the following: a. General Design: Cover Sheet, Index, General Notes, Bid Schedule, and Technical Specifications. b. Typical Pavement Sections: prepare pavement typical sections for the three roadways based on the City’s standard typical sections. c. Project Layout with Survey Control: prepare project layout sheet including survey control points. d. Demolition Plans: prepare layouts to delineate and quantify the limits of removals for 164 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 14 pavement, utilities, drainage, and miscellaneous items. e. Roadway Plans: prepare typical sections, horizontal alignment sheets, quantities, roadway plan & profile drawings, sidewalks, utility adjustments, and standard details. Roadway cross-sections will be provided at driveway centerlines and/or approximate 50’ intervals. f. Water Plans: prepare horizontal alignment plan sheets, quantities, and details for a waterline offset from the existing waterline. No profile design for waterline will be included. g. Sanitary Sewer Plans: prepare horizontal and vertical alignment plan/profile sheets, quantities, and details. h. Erosion Control Plan: prepare base map for the limits of the project along with standard details for the contractor to utilize in his preparation of the Storm Water Pollution Prevention Plan. i. Traffic Control Plans (TCP): prepare a TCP to include geometry required to facilitate the movement of vehicles through the work zone at a reduced speed limit as well as work zone typical sections, lane markings, and standard details. j. Lighting, Pavement Markings, and Signage Plan: Prepare joint marking and signage and lighting plan. Prepare marking layouts, quantities, sign types, and standard details. Signposts and specifications will be based on City standards and details. Prepare horizontal alignment plan sheets, quantities, and details for conduit and pole foundation/bases spaced at 300 feet. City to provide details for base, pole, bolt pattern, pull boxes and required conduit size. Service points, metering, and wiring to be provided by others. k. The plans will include sidewalk and wheelchair ramp layout, standard details, specifications and notes. Structural design of retaining walls along the sidewalk or property lines is not included in the scope. l. Details: Compile City typical details. No special details are included. m. Project Manual: Compile City Technical specifications and bidding documents into a project manual. No special technical specifications are included. n. TDLR Submittal: Submit plans and specifications to obtain Notice of Substantial Compliance for the Project from the Texas Department of Licensing and Regulation. o. Attend up to four (4) progress/ submittal meetings with City Staff at City Hall. p. Submittals shall include the following in hard copy and pdf format (billed as reimbursables): i. 60% Preliminary Design: a. Drawings (4 copies 11x17) and opinion of probable construction cost. b. Project Manual: City Technical specifications and bidding documents. 165 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 15 ii. 90%Design: a. Drawings (3 copies 11x17) and opinion of probable construction cost. b. Project Manual: City Technical specifications and bidding documents. iii. Final Design: a. Drawings (1 copy 11x17) and opinion of probable construction cost. b. Project Manual: City Technical specifications and bidding documents. 3) Bid Phase Services The Engineer shall assist the City staff in advertising the project for bids. The cost of advertisement and web portal hosting shall be the responsibility of the City. Scope includes Engineering services and assistance as stated below for one (1) bid opening. Engineer shall: a. Attend and assist the City with one (1) in-person pre-bid meeting. The Engineer will facilitate the technical aspects of the project, while City staff facilitate the administrative aspects of the project. b. Assist the City with the preparation of up to two (2) addenda to the bid documents and provide answers to bidder questions and interpreting bid documents if requested. c. Assist City with the opening and tabulation of the bids and evaluation of low bidder references for the two lowest bidders. d. Provide letter recommending award of a construction contract. 4) Construction Contract Administration The Engineer shall represent the City in the non-resident administration of the construction contract. Services do not involve continuous or extensive on-site inspection to check or verify means and methods, materials, or manage construction efforts. As such, the engineer cannot provide certification of the completed project beyond the limited observation described below. If Field Project Representation is desired, the Engineer can provide those services on an hourly reimbursable basis. The proposed scope of work includes the following: a. Assist the City with a pre-construction meeting. b. Provide 3-24” x 36” and 10-11” x 17” sets of plans and 6- sets of project manuals for the preconstruction meeting (billed as reimbursable). c. Review shop drawings and submittals for conformance with the design concept and general compliance with the requirements of the construction contract. This proposal assumes twelve (12) submittals and two (2) re-reviews. d. Attend up to twelve (12) monthly progress/coordination meetings at City Hall. e. Conduct up to twelve (12) site visits for observation of construction. Provide email of observed deficiencies to City if encountered. f. Review monthly contractor pay applications (limited to 12). Quantity verification and negotiation shall be provided by City prior to Engineer’s review. g. Provide written responses for up to six (6) requests for information or clarifications. h. Review up to three (4) changes to the contract for construction. The Engineer will make recommendations to the City regarding the acceptability of the Contractor’s request and, upon approval of the City, assist the City in negotiations of the requested 166 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 16 change. Upon agreement and approval, the Engineer shall prepare final change order documents. i. Assist the City staff in conducting the final walk-through for general conformance with the design concept and compliance with the contract documents. j. Prepare construction ‘record drawings’ based upon markups and information provided by the City inspector and the construction contractor. Provide one (1) 24” x 36” copy of the record drawings and electronic copies in .pdf, tiff and .dwg-AutoCAD format. k. Assist with preparation of as-built (closeout) change order to reconcile final quantities. Scope of Special Services 1) Utility Coordination Utility Coordination shall include correspondence with individual utility companies (contact information as provided by the City), submittals of plans (30%, 60%, and 90%) to utility companies followed by a monthly status reports and requests for information from utility company representatives. Once available, reflect all the information on the construction drawings as provided by utility companies. 2) Design Topographic Survey/Construction Control a. Any right-of-entry issues/notices on private property shall be the responsibility of the City. b. Establish horizontal and vertical survey control points referencing the City of The Colony monument system (NAD 83 and NAVD 88) and make them available to the contractor for use during construction. c. Existing drainage system details of roadside ditches, culverts, inlets, storm sewers, outfall flow lines. d. Visible improvements such as fences, driveways, landscape areas, etc. e. Visible utilities including manholes (with invert information), water valves, water meters, fire hydrants, telephone pedestals, power poles, down conduits, gas line markers, etc. f. Underground utilities which are marked in the field by utility locators within project location. g. Cross-sections of the right-of-way of Chapman Street, Bartlett Place and Independence Drive within the prescribed project limits, including obtaining additional detail at intersections, limited yard and driveway topo to help ensure positive drainage to streets. h. Establish location, size and type of trees that are 12” and larger (measured 4.5’ above the ground). i. No offsite survey beyond the limits of the described project is included. j. Establish the apparent right-of-way from: i. found front property corners, fences, etc. ii. plotting the most recent recorded plats and deeds of tracts along the project route k. Generate 1’ contours from the field points collected. 167 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 17 Information Provided by City The following information shall be provided to the Engineer. 1.Roadway design standards and thoroughfare plans. 2.Record drawings for infrastructure in the project area. 3.Franchise utility contact information for local representatives. 4.Provide Notice of Entry to all property owners along the corridor if required. 5.City Standard pavement section. Special Considerations This proposal is based on the following special considerations: 1.It is assumed that the downstream storm sewer system(s) have adequate capacity to convey drainage from this project. Downstream hydrologic/hydraulic studies are not included. 2.No drainage calculations are included in the scope of services. 3.Geotechnical engineering or investigations are not included in the scope of services. 4.Environmental evaluations and permitting is not included in the scope of services. 5.Landscape architecture/irrigation design is not included in the scope of services. 6.Structural engineering design is not included in the scope of services. 7.Arborist services are not included in the scope of services. 8.Topographic and boundary survey of the proposed contractor’s staging area in not included in the scope of services. 9.Traffic signal design/studies is not included in the scope of services. 10.Any review or permit fees associated with the project shall be paid by the City, or if paid by the Professional, shall be considered as a reimbursable expense, and are not included in any fees proposed. 11.Additional hourly services to be negotiated using the Professional’s current Schedule of Hourly Rates. 12.Reimbursable expenses including outside services not performed by Professional’s personnel shall be billed as a reimbursable plus a 10% management fee. 168 PHASE 15A STREETS RECONSTRUCTION, QUIDDITY ENGINEERING PROFESSIONAL SERVICES AGREEMENT – Page 18 Exhibit B Budget Requirements and Work Schedule Budget Requirements: The services will be completed on a project total fee, not to exceed $ 337,700.00. No work outside the approved scope of work should be performed by the Professional without prior written approval and Contract Amendment to the signed contract. If the Professional sees the Scope of Services changing so that Additional Services are needed, the Professional will notify City for City’s approval before proceeding. A complete man hour-estimate and expense fee rate schedule for the scope of services is included in Attachment C and a summary of the services is listed below. Basic Services Schematic Phase $ 56,100.00 Design Phase $ 202,500.00 Bid Phase $ 8,600.00 Construction Contract Administration $ 40,000.00 SUBTOTAL $ 307,200.00 Special Services Utility Coordination $ 1,000.00 Design topographic survey/construction control $ 28,000.00 Reimbursables $ 1,500.00 (estimated) SUBTOTAL $ 30,500.00 CONTRACT TOTAL $ 337,700.00 Work Schedule: The proposed scope of work in Exhibit A for completion of final plans/specifications, bid quantities and final construction cost estimate is anticipated to be completed within 7 months of design time from the receipt of a signed agreement and/or official notice-to-proceed. The construction services will be completed in accordance with the construction schedule which is estimated to be at 400 calendar days total. A detailed work schedule bar chart breakdown by tasks and hourly fee breakdown is attached as part of this Exhibit B. 169 ID Task Name Duration Start Finish 1 NTP/Project Setup/Kickoff 8 days Wed 10/16/24Fri 10/25/24 2 Topographic Surveys 30 days Mon 10/28/24Fri 12/6/24 3 Schematic Design 38 days Mon 12/2/24 Wed 1/22/25 4 QA/QC 7 days Thu 1/23/25 Fri 1/31/25 5 City Review 10 days Mon 2/3/25 Fri 2/14/25 6 60% Design 23 days Mon 2/17/25 Wed 3/19/25 7 QA/QC 7 days Thu 3/20/25 Fri 3/28/25 8 City Review 10 days Mon 3/31/25 Fri 4/11/25 9 90% Design 18 days Mon 4/14/25 Wed 5/7/25 10 QA/QC 7 days Thu 5/8/25 Fri 5/16/25 11 City Review 10 days Mon 5/19/25 Fri 5/30/25 12 Final Plans 8 days Mon 6/2/25 Wed 6/11/25 13 QA/QC 7 days Thu 6/12/25 Fri 6/20/25 14 Final Submittal 1 day Mon 6/23/25 Mon 6/23/25 Oct '24 Nov '24 Dec '24 Jan '25 Feb '25 Mar '25 Apr '25 May '25 Jun '25 EXHIBIT B PHASE 15A CONCRETE STREETS RECONSTRUCTION PROJECT City of The Colony Quiddity Engineering October 28, 2024 Page 1 17 0 Date 10/28/2024 CITY OF THE COLONY Opp No.11090-0005_P PHASE 15A CONCRETE STREETS RECONSTRUCTION Project No.11090-0005-01 Sub-Total Mileage and Prints, Etc.JC Survey/ Subs Sub Cons.Total Task Level Principal Quality Manager Project Manager Project Engineer Design Engineer II Design Engineer I/CAD Operator Administrative Assistant (cost + 10%)Budget Total $290.00 $270.00 $240.00 $185.00 $155.00 $130.00 $125.00 BASIC SERVICES Task 001 - Schematic Design 1 a Project Kickoff 4 8 $2,000 $2,000 2 Confirm Existing Conditions 4 15 $2,910 $2,910 3 d Scroll Plot 1 1 4 $915 $915 4 Schematic Paving/Driveway/ Sidewalk Design 5 15 25 50 $15,325 $15,325 5 Schematic Waterline Design 10 20 25 $8,750 $8,750 6 Schematic Sanitary Sewer Design 10 20 25 $8,750 $8,750 7 Schematic Signing and Pavment Marking and Lighting Layout 10 10 25 $7,200 $7,200 8 Staging Area Coordination 1 1 $370 $370 9 Schematic OPCC 2 15 $2,430 $2,430 10 QA/QC 9 4 $3,390 $3,390 11 Address QA/QC Comments 4 8 $2,000 $2,000 12 Prepare and Submit Schematic Design Submittal (30%)1 8 $1,280 $1,280 13 e Schematic Design Meeting with City 2 2 $740 $740 Total Task 001 0 14 68 0 76 186 0 $56,100 Task 002 - Design Phase 14 Address 30% and 60% Review Comments from City 4 4 10 $2,880 $2,880 15 Title Sheet (1 sheet)1 1 $370 $370 16 Project Layout (3 sheet)1 20 $2,840 $2,840 17 General Notes (1 sheet)1 $130 $130 18 Quantity Summary Sheets (3 sheet)2 4 $1,000 $1,000 19 Typical Sections (2 sheet)1 4 $760 $760 20 Traffic Control Plans (6 sheet)10 30 50 $13,550 $13,550 21 Demolition Plan (5 sheet)4 20 40 $9,260 $9,260 22 a Paving Plan and Profile (10 sheets)5 30 90 190 $47,200 $47,200 23 Cross Sections (9 sheets)10 25 70 $15,375 $15,375 24 Waterline Plan (5 sheets)10 20 80 $15,900 $15,900 25 Sanitary Sewer Plan and Profile (10 sheets)5 20 40 150 $31,850 $31,850 26 a Signing and Pavement Markings and Lighting Plan (6 sheet)10 20 60 $13,300 $13,300 27 a Erosion Control Plan (6 sheet)10 20 40 $10,700 $10,700 28 Details 1 1 $370 $370 29 TDLR Notice of Substantial Compliance 2 $260 $1,500.00 $1,760 30 c 60%, 90% and 100% OPCC 10 15 40 $9,925 $9,925 31 Project Manual/Bid Form 10 5 5 5 $4,450 $4,450 32 QA/QC 36 10 $12,120 $12,120 33 Address QA/QC Comments 4 4 10 $2,880 $2,880 34 f Prepare 60%, 90% and 100% Package to City for Review 4 20 $3,560 $3,560 35 f 60% and 90% Meetings with City 6 6 $2,370 $2,370 Total Task 002 0 46 158 0 299 798 5 $202,500 EXHIBIT B: PROJECT HOURLY FEE BREAKDOWNATTACHMENT A: PROJECT HOURLY FEE BREAKDOWN 171 Task 003 - Bid Phase Services 36 a-c Coordination and Distribution of Bidding Documents 2 2 $740 $740 37 e Prepare Agenda and Sign-In Sheet, Attend Pre-Bid Meeting/Answer Questions, Prepare Minutes 2 2 $740 $740 38 f Issue up to 2 Addenda to Purchasing 8 12 $3,480 $3,480 39 Attend Bid Opening 1 1 $370 $370 40 h-I Prepare/Review Bid Tabulation of Submitted Bids 2 6 $1,260 $1,260 41 i Contact References provided by Contractor on two (2) lowest bidders and Recommendation of Award 4 8 $2,000 $2,000 Total Task 003 0 0 19 0 0 31 0 $8,600 Task 004 - Construction Contract Administration 42 Attend Pre-Construction Conference 2 2 $740 $740 43 Submittal Reviews (12 submittals + 2 re-reviews) & Log 6 14 $3,260 $3,260 44 Prepare and Facilitate Monthly Progress/Coordination Meetings (12 total) and Prepare/Distribute Minutes 18 12 $5,880 $5,880 45 Construction Site Observation (up to 12) 18 12 $5,880 $5,880 46 Review Pay Estimates (up to 12)12 24 $6,000 $6,000 47 Answering RFIs (6) & Log 6 12 $3,000 $3,000 48 Construction Change Order Reviews & Log (up to 4) Negotiate and Prepare 24 12 $7,320 $7,320 49 Construction Substantial / Final Completion Inspection 16 4 $4,360 $4,360 50 Record Drawings 4 10 $2,260 $2,260 51 Close Out Change Order 2 6 $1,260 $1,260 Total Task 004 0 0 108 0 0 108 0 $40,000 Total Basic Services $307,200 Special Services Task 005 -Utility Coordination 52 Utility Coordination $1,000 $1,000 Total Task 005 0 0 0 0 0 0 0 $1,000 Task 006 -Design Topographic Survey/Construction Control 53 Topo Survey $0 $28,000.00 $28,000 Total Task 006 0 0 0 0 0 0 0 $28,000 Task 007 - Reimbursables 54 Reimbursables $1,500.00 $1,500 Total Task 007 0 0 0 0 0 0 0 $1,500 Total Special Services $30,500 SUBTOTAL ALL SERVICES $337,700 Date 10/28/2024 CITY OF THE COLONY Opp No.11090-0005_P PHASE 15A CONCRETE STREETS RECONSTRUCTION Project No.11090-0005-01 Sub-Total Mileage and Prints, Etc.JC Survey/ Subs Sub Cons.Total Task Level Principal Quality Manager Project Manager Project Engineer Design Engineer II Design Engineer I/CAD Operator Administrative Assistant (cost + 10%)Budget Total $290.00 $270.00 $240.00 $185.00 $155.00 $130.00 $125.00 EXHIBIT B: PROJECT HOURLY FEE BREAKDOWNATTACHMENT A: PROJECT HOURLY FEE BREAKDOWN 172 Existing Conditions Chapman Drive 173 Existing Conditions Bartlett Place 174 Existing Conditions Independence Drive 175 FINANCIAL SUMMARY: Are budgeted funds available: Yes Fund(s) (Name and number): Residential Street Reconstruction 896-669-6670-2501 Source of Funds: 2024-2025 General Fund Special Capital Projects Cost of recommended contract award: $ 337,700.00 Total estimated project cost: $ 337,700.00 Engineering Already authorized Yes No $ 337,700.00 Total estimated costs 176 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH QUIDDITY ENGINEERING LLC. TO PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE PHASE 15A RESIDENTIAL STREET RECONSTRUCTION PROJECT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, has duly reviewed and considered the Engineering Services Contract with Quiddity Engineering, LLC. to prepare construction plans and specifications for the Phase 15A Residential Street Reconstruction project; and Section 2. With this contract, the City of The Colony is agreeing to the services in the amount of $337,700.00 for such work. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6 TH DAY OF NOVEMBER 2024. __________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____________________________________ Jeffrey L. Moore, City Attorney 177 Agenda Item No:4.13 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $ 330,230.00 with Halff Associates, Inc. to prepare construction plans and specifications for the Phase 15B Residential Street Reconstruction project. (Hartline) Suggested Action: Summary of Request: This contract will authorize Halff Associates, Inc. to prepare construction plans and contract specifications for the Phase 15B Residential Street Reconstruction project. City Council approved funding for the design of these streets in the 2024/2025 CIP budget. The streets to be designed during this project are listed below. Concrete Streets: Hawse Drive – From Arbor Glen Road to Paige Road Adams Drive – From Paige Road to Ramsey Drive Pemberton Lane – From Blair Oaks Drive to the East Cul-De-Sac The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement. Sidewalk and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater mains and street lights will also be replaced, as needed. The design contract includes surveying, preparing construction plans and specifications, bidding assistance and construction management services. The total cost of the contract with Halff Associates, Inc. is $ 330,230.00. With approval, the project is anticipated to start construction in August 2025 with an estimated completion in December 2026. Attachments: 178 Location Map Engineering Design Services Contract Existing Conditions Photos Financial Summary Res. 2024-xxx Halff Associates Inc Contract - Phase 15B.doc 179 6053 Main Street Main Pa ig e Nas h Baker Blai r Oa ks Memorial S o u t h C olo n y Norris Fox Aztec Slay Strickland S H 1 2 1 Roberts Arbor Glen Worley Fryer Gates Big River North Colony Glenview Jo y Crawford Alpha Keys Perrin A v e r y Pemberton Adams Gibson Kno xJohn Yates Pearce Ash lo ck Wagner Phelps C lo v e r V alle y Marlar St an le y Brandenburg Hetherington Powers Legend Bedford Hale Shannon Walk er Autumn Longo B a rtlett B u c k s k i n Chatham RamseyCur r y ConcordMiller King M o r n i n g S t a r Young A li s t e r Lakeshore Ya ge r Runyon Augusta Apache Pettit Madison Jen n in g s Durango Gr iff in Overland Rock Canyon Rockwood Green Hollow N orthpointe Fallwater Darb y S H 1 2 1 O n R a m p Thompson Queen Wexley Younger Rolling Hill Archer Kisor Ma ts on Alta O ak s Cole K ni gh t Phoenix Marsh Copper Canyon M a y e s B lal o c k A m h u r st Mages Stone M ountain Sutton Freeman B ra n c h w o o d Day Spring Anderson Oxford Hendrix Haw se Pa inte r Liberty C he ye n ne Mountain Valley G r a n d s c a p e R i d g e c r e s t Sundance Lookout Bear Run Cook R a g a n W i l s h i r e Fisher Southmoor Westwood Landmark S k y l i n e Blue GlenAsh Glen Bentley Brentwood Trailvie w Lake Ridge H i g h C l i f f Foster Evans Branch Hollow Ireland C a s c a d e s S n o w C r e e k Pin e bro o k M i d d l e t o n Merrell Wom a c k H a c k n e y S t a r d u s t Gilliam B a r s t o w E X IT N F M / S o u t h C olo n y Woodlands Westport Nia g ara Marks Crutchberry O'Hare Santa Fe Att erb ury Hedgecoxe Overton Keller Sunrise C he sa p ea ke Chow ni ng B o u l d e r North Colony Main S H 1 2 1 Pa ige M e m o rial M a y e s µLocation MapPhase 15B Street Reconstruction Pemberton Lane Floor & Decor Rooms To Go Abuelos Adams Drive Hawse Drive 180 1 STATE OF TEXAS § CITY OF THE COLONY, TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services (“Agreement”) is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and Halff Associates, Inc. (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by and through the Parties’ authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for Phase 15B Street Reconstruction (“Project”) in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, 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 Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional’s profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the “Effective Date”) and shall continue until completion of the services provided by Professional to City under this Agreement. 181 2 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City 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 City’s request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City 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 Professional in connection with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re- use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City’s sole risk, without liability to 182 3 Professional. Notwithstanding any language to the contrary Professional has, shall have, and shall continue to have all rights and privileges related to the use of the information contained in the Project Documents. City understands and agrees that the P roject Documents contain information, details and other data of value (“technical data”) that are at the core of Professional’s business and that any perceived transfer of such technical data would adversely limit, affect and impact Professional’s interests and, in order to avoid unduly affecting, impacting and limiting Professional's business, Professional shall identify such technical data to City, when necessary. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit B. 4.2 In the event Professional’s performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional’s request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after Professional has actual knowledge of the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by payment of a not to exceed fee of $330,230.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional’s approved monthly invoice and other documentation submitted. 183 4 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. 184 5 Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional’s services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs Professional’s work, except as may be set forth in Exhibit A. 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professional’s negligent performance of any of the services furnished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: City Manager 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed 185 6 Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by the negligent error, omission or act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader . C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. 186 7 Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 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. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 187 8 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 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 by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, 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, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 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 City: With Copy to: City Manager Director of Engineering City of The Colony City of The Colony 6800 Main Street 6800 Main Street The Colony, Texas 75056 The Colony, Texas 75056 If intended for Professional: Halff Associates, Inc. Attn: Kevin J. Gronwaldt, PE 2601 Meacham Boulevard, Suite 600 Fort Worth, TX 76137 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of 188 9 Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING REIMBURSEMENT OF COURT COSTS, REASONABLE ATTORNEY’S FEES AND COSTS OF INVESTIGATION IN PROPORTION TO PROFESSIONAL’S LIABILITY) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL’S WILLFUL MISCONDUCT OR PROFESSIONAL’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY 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 THE NEGLIGENCE OF THE CITY). PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional’s obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance under this Agreement, the cost to City to complete the services to be performed under this 189 10 Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional’s obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional’s own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential Information” means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non- public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. 190 191 A-1 EXHIBIT “A” SCOPE OF SERVICES for Construction Plans, Specifications and Estimates Phase 15B Street Reconstruction in THE COLONY 1. Description: The project will involve the reconstruction of three (3) concrete streets. They are as follows: Hawse Drive – Arbor Glen Road to Paige Road (970 LF) Adams Drive – Paige Road to Ramsey Drive (1,695 LF) Pemberton Lane – Blair Oaks Drive to the East Cul-De-Sac (1,670 LF) Streets will be reconstructed to the same width as existing and with 6 -inch or 7-inch thick reinforced concrete paving sections in accordance with each street's classification. Sidewalks, alley and driveway approaches within street rights-of-way will be constructed as well. Adams Drive shall include drainage, water and sanitary sewer line improvements within street right-of- way. Hawse Drive shall include water and sanitary sewer line improvements within street right-of-way. Pemberton Lane shall include water and sanitary sewer line improvements within street right-of-way. No drainage improvements shall be included on Hawse Drive, nor on Pemberton Lane. 2. Assumptions: Professional services shall include only services that are normal and customary and are not represented as including special services or those requiring expertise that is greater than that provided by other service providers. 3. Work Plan: A. Surveying: The Professional shall provide surveying services, which, in general, may be defined as normal services applicable to a project of this type. The following particulars will also apply. (1) Vertical benchmarks shall be established such that all points of construction shall be within 500 feet of a benchmark. Benchmarks should not be subject to loss during construction. Fire hydrants and similar appurtenances are not to be used for benchmarks. The surveyor shall establish temporary benchmarks throughout the length of the project. 192 A-2 (2) Topographic features will be surveyed along with any and all other features needed for design, review, permitting, construction, and inspection of the project. Coverage will extend beyond the proposed rights-of-way far enough to integrate the design with the adjacent properties. (3) Existing property corners, iron pins, etc. shall be tied in order to establish existing rights-of-way. Prior to surveying on private property, the surveyor shall secure written permission from the property owners and/or tenant and shall provide the City a copy of said written permission. Should only oral permission be granted, the surveyor shall document the permission granted by letter to the property owner/tenant, with a copy to the City. If permission cannot be obtained, the City will assist or other arrangements will be worked out. B. Construction Plans: The Professional shall develop construction plans for review, permitting, bidding, construction, inspection and record keeping. In general, construction plans shall be consistent with normal practice for projects of this nature. The following particulars will also apply. The construction plans will consist of numerous sheets ordered as follows: (1) Cover Sheet and Sheet Index: The cover sheet shall include a location map. Additionally, the cover sheet shall show the project name, project number, date, City logo, Professional’s name, address, and telephone number and other items as may be specified. Following the title sheet shall be a sheet index with drawings numbered consecutively and without subscripts. (2) Project Layout Sheet(s): The project layout sheet(s) will be drawn to a scale of 1” = 50’ and laid out with the north arrow up or to the right. The purpose of the project layout is to depict the project in a simplified view. Major items of work will be shown without excessive detail. Additionally, survey control points shall be shown. (3) Project General Notes and Legend: These sheets will include a listing of abbreviations, legend, and general notes. (4) Typical Sections: Typical sections shall be drawn to scales of 1” = 5’ h and 1” = 2’ v and shall depict a view looking north or east. As a minimum, typical sections will be drawn showing the relationship of the proposed street and existing and proposed improvements. Typical sections will include existing roadways, right-of-way lines, etc., along with all proposed highway improvements and will depict all significant items of work. 193 A-3 (5) Plan and Profile Sheets: Plan-profile sheets will be arranged from south to north and from west to east, with the north arrow up or to the right on the sheet. Plan-profile sheets will be drawn to scales of 1” = 20’ h and 1” = 4’ v. Stationing will be from south to north or west to east with the beginning station being set at approximately 1+00. Each plan-profile sheet will include no more than 500 feet of street; thus, leaving ample margins both left and right. The plan and profile station will align vertically on the sheet with the proposed centerline drawn parallel to the profile grid. When there is a centerline curvature, the plan-profile should be drawn so that as much of the plan view is in alignment as possible. Plan-profile sheets shall depict all existing and proposed items pertinent to the project. (6) Detail Sheets: The City’s standard drawings will be used as a beginning point in developing standard details for this project. They will be reviewed and modified for this project. Where other agency standards are used, they shall be reduced as necessary to fit on the City’s standard sheet format with complete title block. (7) Miscellaneous: Construction plans will also address erosion control, traffic control (including detours, road closures, signing, barricading, etc.), pavement markings, signage, lighting and all other improvements. (8) Cross Sections: Cross sections shall be drawn to scales of 1” = 10’ h and 1” = 5’ v on sheets of 1” grids H and V. They shall be arranged from bottom to top of the sheet looking up station and shall show existing and proposed features and improvements. Generally, no more than eight (8) sections per sheet are to be plotted. Each section should extend beyond the easement and rights -of-way a sufficient distance to clearly show the relationship between the proposed improvements and the existing properties. Full sections will be drawn at critical locations, such as steep driveways, retaining walls, and at maximum spacings of 50 feet. (9) Review Plans: Preliminary plans shall be prepared and submitted at the 60% milestone. Pre-Final plans shall then be prepared and submitted at the 90% milestone. Final plans shall be prepared and submitted at 100% milestone. Also, the Professional may submit plan sheets or working drawings to the City for review and comment to reduce the number of revisions that otherwise would be required. During development of the plans, the Professional shall attend meetings as needed. The Professional shall, in company with the City, attend one (1) plans-in-hand review meeting at the 60% milestone. This scope does not include a review meeting for the 90% milestone or 100% milestone. 194 A-4 (10) Design: The design of the project shall be in general accordance with the City of The Colony ordinances, standard details, and good Engineering practices. During the design phase, the Professional shall contact various utility companies and obtain information relating to existing utility lines. The design should avoid major utility relocations, where practical. When required, proposed relocations or replacements will be shown in plan and profile. (11) Prints: The Professional shall provide prints of construction plans fo r review and permitting. Five (5) sets of half-size plans will be submitted to the City for each review stage. The Professional will provide utility companies with half-size copies of 60% plans for review. The Professional will provide up to eleven (11) sets of half- size prints for bidding and construction. Electronic files in PDF format shall be provided to the City for use by City staff and for posting on BONFIRE. (12) General: Construction plans shall be furnished full-size and half-size. Overall dimensions of full-size construction plans shall be 22” x 34”. The City’s standard format shall be used. Up to two (2) full-size and five (5) half-size final construction plans shall be furnished to the City. Up to two (2) full-size and six (6) half-size final construction plans shall be furnished to the Contractor. Electronic files in PDF and DGN or DWG format shall be provided to the Contractor for use during construction. (13) Generic Sheet List: Following is a general list of plan sheets required for each construction package. (a) Cover Sheet (b) Sheet Index and Legend (c) Project General Notes (d) Typical Paving Sections (e) Project Layout Sheet(s) (f) Demolition Plans (g) Paving Plan and Profile Sheets (h) Driveway/Alley/Side-street Profile Sheets (i) Drainage Area Map (For Adams Drive Only) (j) Hydraulic Grade Line and Inlet Calculations (For Adams Drive Only) (k) Drainage Plan and Profile Sheets (For Adams Drive Only) (l) Storm Drain Lateral Profiles (For Adams Drive Only) (m)City of The Colony Pavement Standard Details (n) Miscellaneous Pavement Details (o) City of The Colony Storm Drain Standard Details (p) Water Line Plan Sheets (q) Sanitary Sewer Plan and Profile Sheets 195 A-5 (r) City of The Colony Water Standard Details (s) City of The Colony Wastewater Standard Details (t) Erosion Control Plans (u) City of The Colony Erosion Control Details (v) Pavement Markings, Lighting and Signage Plans and Details (w) Traffic Control and Sequencing Plans (x) Roadway Cross Sections C. Specifications: The Professional shall prepare a project manual and technical specifications required for bidding and constructing the project. The project manual will be provided in the City’s standard format. Only specifications amending or supplementing COG specifications need be furnished. Project manual, specifications, bid items and quantities shall be furnished on hard copy and by electronic file. Specifications will be provided at the 60% milestone and at all subsequent submissions. D. Estimates: Estimates of probable cost will be developed at each milestone submittal. Professional shall utilize current unit prices taken from recent bid tabs from similar projects. Additionally, TxDOT average low bid unit prices may be used in the development of estimates. E. Site Visits: The Professional shall attend one (1) site visit that shall include a visit to each street’s project limits during the design phase of the project, to walk the project limits, observe, measure and/or note any specific site conditions, including driveway and alley joint dimensions and any custom residential landscaping, and confirm surveyed features and above-ground utility appurtenances. F. Public Meetings: The Professional shall not be required to attend public meetings for this project. G. City Council Coordination: The Professional shall not be required to attend any City Council meetings under this contract. H. Construction Control Staking: The Contractor will provide construction staking. I. Bidding, Construction, Closure: (1) Bidding – During the bidding phase, the Professional will prepare bid documents and assist the City in advertising the project for bids. The Professional will address technical questions and prepare addenda and issue to the bidders. The Professional shall attend and prepare agenda for one (1) pre-bid meeting and prepare minutes. The Professional shall attend one (1) bid opening meeting and will tabulate 196 A-6 bids, contact low bidder references and provide referral letter for award of contract. (2) Construction: (a) Attend one (1) pre-construction meeting and monthly progress meetings as required. Document each meeting with written minutes. This scope includes attendance and meeting agenda preparation for up to fourteen (14) monthly progress meetings, based on the estimated construction schedule. (b) Visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and quality of the executed work. In performing these services the Professional will endeavor to protect the City against defects and deficiencies in the work of the Contractor. However, the Professional cannot guarantee the performance of the Contractor, nor be responsible for the actual supervision of the construction operations or for the safety measures that the Contractor takes or should take. Intervals shall not exceed six (6) site visits throughout the duration of the project. (c) Review shop drawings and Contractor submittals. (d) Review laboratory test reports on materials and equipment. (e) Prepare and negotiate Change Orders between the Contractor and the City. (f) Prepare record drawings from information supplied by the Contractor. (g) Attend final inspection and prepare a punch list report. (3) Closure – The Professional shall prepare “record” plans, incorporating all changes and known variations to provide the City the best possible set of record drawings. The final record drawings shall be furnished in .tif and .pdf format on CD. CADD files shall be furnished on CD as well. J. Permitting: (1) The Professional shall prepare applications to the Texas Department of Licensing and Review (TDLR) for code review of sidewalks and ramps. After construction the Professional shall notify TDLR of completion date and submit application for inspection. Professional shall address any questions or issues by TDLR as a result of review and inspection. TDLR plan review, state filing, and post-construction inspection fees are included in this proposal. K. Miscellaneous: Miscellaneous services not provided for herein and not generally associated with a project of this type will be paid for under an amendment to this Agreement and for an additional fee. 197 A-7 4. Schedule: A. Completion of design surveys: 60 calendar days from date of written authorization to begin work. B. Completion/furnishing 60% preliminary plans, specifications, bid quantities, and construction cost estimate: 150 calendar days from date of written authorization to begin. C. Completion/furnishing 90% pre-final plans, specifications, bid quantities, and construction cost estimate: 60 calendar days from date of receipt of City 60% plan comments. D. Completion/furnishing 100% final plans, specifications, bid quantities, and construction cost estimate: 30 calendar days from date of receipt of City 90% plan comments. E. Bidding services: 60 calendar days from City’s approval of final plans. F. Construction services: In accordance with construction schedule (estimated to be 420 calendar days total) G. Closure: 60 calendar days from the date of construction completion. 198 B-1 EXHIBIT “B” COMPENSATION for Construction Plans, Specifications and Estimates Phase 15B Street Reconstruction in THE COLONY Exhibit “B” defines the basis of compensation to the Professional for the services rendered. A. Basic Fee Services – The basic fee for the services as described in Exhibit “A” will be $286,000 which includes printing, direct costs and computer charges normally associated with production of these services. The basis of compensation for Basic Fee services shall be as follows: 1. $142,700 for Phase I – Preliminary Design Phase (60% submittal) 2. $94,000 for Phase II – Final Design Phase (100% submittal) 3. $49,300 for Construction Phase Services Items (1) through (3) will be billed monthly based on actual completion of the tasks and may include partial payments of the total amounts designated for each item. B. Special Services – Special Services will be billed monthly based on actual completion of the tasks and may include partial payments of the total amounts designated for each item. The table on the following page summarizes special services fees. TASK DESCRIPTION FEE 1. Design Surveys $39,400 2. Plan Review Fee & TDLR State Filing and Inspection Fees $2,350 3. Reimbursable Expenses (Printing, Deliveries, Mileage, etc.) $2,500 TOTAL SPECIAL SERVICES $44,230 The total maximum fee for all services is $330,230.00 (three hundred thirty thousand two hundred thirty dollars and zero cents). All fees shall be billed as lump sum. 199 City of The Colony 10/17/2024 Phase 15B Street Reconstruction Halff Associates AVO 058790.001 (1)(2) Task Director Team Leader QA/QC Project Manager EIT Surveyor, RPLS Survey Crew, 2- Man Survey Crew, 1- Man Survey Technician GIS Specialist CADD Clerical Total Total Fees, Materials & Supplies Subtotal Total $250.00 $210.00 $285.00 $175.00 $145.00 $190.00 $200.00 $110.00 $140.00 $115.00 $100.00 $80.00 Hours Project Special Services Design Surveys 0.5 2.0 8.0 16.0 100.0 40.0 40.0 1.0 40.0 247.5 $38,770.00 $600.00 $39,370.00 $39,400.00 TDLR Review and Inspection Fees 1.0 4.0 5.0 $755.00 $1,575.00 $2,330.00 $2,330.00 Printing and Delivery Costs 4.0 4.0 8.0 $900.00 $1,600.00 $2,500.00 $2,500.00 SUBTOTAL - Special Services 0.5 3.0 16.0 16.0 100.0 40.0 40.0 1.0 40.0 4.0 260.5 $40,425.00 $3,775.00 $44,200.00 $44,230.00 Basic Fee Services Construction Plans (Approx. # of Sheets) Cover Sheet (1)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 Sheet Index and Legend (1)0.25 0.5 2.0 1.0 3.8 $530.00 $530.00 $500.00 General Notes (2)0.25 1.00 2.0 4.0 1.0 8.3 $1,302.50 $1,302.50 $1,300.00 Typical Paving Sections (1)0.50 0.50 4.0 8.0 2.0 15.0 $2,290.00 $2,290.00 $2,300.00 City of The Colony Pavement Standard Details (6)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 Miscellaneous Pavement Details (1)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 Traffic Control Details (3)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 City of The Colony Storm Drain Standard Details (7)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 City of The Colony Water Standard Details (4)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 City of The Colony Wastewater Standard Details (3)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 City of The Colony Erosion Control Details (2)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 City of The Colony Street Light Standard Details (1)0.25 0.5 1.0 1.0 2.8 $385.00 $385.00 $400.00 Hawse Drive Project Layout Sheets (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Demolition Plans (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Paving Plan and Profile Sheets (3)0.50 2.00 20.0 40.0 6.0 68.5 $10,445.00 $10,445.00 $10,400.00 Alley/Sidestreet Profiles (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Driveway Profiles (3)0.50 8.0 20.0 3.0 31.5 $4,705.00 $4,705.00 $4,700.00 Water Line Plan Sheets (2)0.25 1.00 16.0 30.0 3.0 50.3 $7,722.50 $7,722.50 $7,700.00 Sanitary Sewer Plan and Profile Sheets (3)0.25 2.00 16.0 36.0 6.0 60.3 $9,102.50 $9,102.50 $9,100.00 Erosion Control Plans (1)0.50 2.0 8.0 2.0 12.5 $1,815.00 $1,815.00 $1,800.00 Traffic Control and Sequencing Plans (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Pavement Markings, Light and Signage Plans (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Roadway Cross Sections (3) 0.50 1.00 12.0 32.0 6.0 51.5 $7,675.00 $7,675.00 $7,700.00 Adams Drive Project Layout Sheets (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Demolition Plans (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Paving Plan and Profile Sheets (4)0.50 4.00 24.0 60.0 6.0 94.5 $14,465.00 $14,465.00 $14,500.00 Alley/Sidestreet Profiles (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Driveway Profiles (6)1.00 12.0 40.0 3.0 56.0 $8,410.00 $8,410.00 $8,400.00 Drainage Area Maps (1)0.50 0.50 4.0 8.0 2.0 15.0 $2,290.00 $2,290.00 $2,300.00 Hydraulic Grade Line and Inlet Calculations (1)0.50 0.50 4.0 8.0 2.0 15.0 $2,290.00 $2,290.00 $2,300.00 Drainage Plan and Profile Sheet (2)0.50 2.00 16.0 32.0 8.0 58.5 $8,785.00 $8,785.00 $8,800.00 Water Line Plan Sheets (2)0.25 1.00 16.0 30.0 3.0 50.3 $7,722.50 $7,722.50 $7,700.00 Sanitary Sewer Plan and Profile Sheets (4)0.25 2.00 24.0 40.0 6.0 72.3 $11,082.50 $11,082.50 $11,100.00 Erosion Control Plans (1)0.50 2.0 8.0 2.0 12.5 $1,815.00 $1,815.00 $1,800.00 Traffic Control and Sequencing Plans (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Pavement Markings, Light and Signage Plans (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Roadway Cross Sections (5) 0.50 2.00 16.0 40.0 6.0 64.5 $9,745.00 $9,745.00 $9,700.00 Pemberton Lane Project Layout Sheets (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Demolition Plans (1)0.50 4.0 8.0 4.0 16.5 $2,365.00 $2,365.00 $2,400.00 Paving Plan and Profile Sheets (4)0.50 4.00 24.0 60.0 6.0 94.5 $14,465.00 $14,465.00 $14,500.00 Alley/Sidestreet Profiles (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Water Line Plan Sheets (2)0.25 1.00 16.0 30.0 6.0 53.3 $8,022.50 $8,022.50 $8,000.00 Sanitary Sewer Plan and Profile Sheets (4)0.25 2.00 24.0 40.0 6.0 72.3 $11,082.50 $11,082.50 $11,100.00 Erosion Control Plans (1)0.50 2.0 8.0 2.0 12.5 $1,815.00 $1,815.00 $1,800.00 Traffic Control and Sequencing Plans (1)0.50 4.0 8.0 4.0 16.5 $2,365.00 $2,365.00 $2,400.00 Pavement Markings, Light and Signage Plans (1)0.50 4.0 8.0 2.0 14.5 $2,165.00 $2,165.00 $2,200.00 Roadway Cross Sections (5) 0.50 2.00 16.0 40.0 6.0 64.5 $9,745.00 $9,745.00 $9,700.00 Quantities and Cost Estimates 1.00 4.00 10.0 16.0 31.0 $5,160.00 $5,160.00 $5,200.00 Specifications / Project Manual 4.00 20.0 12.0 4.0 40.0 $6,400.00 $6,400.00 $6,400.00 Utility Coordination 1.00 1.00 8.0 20.0 30.0 $4,760.00 $4,760.00 $4,800.00 Site Visit (1)8.00 8.0 8.0 24.0 $4,240.00 $4,240.00 $4,200.00 Meetings (2)1.00 6.00 6.0 6.0 19.0 $3,430.00 $3,430.00 $3,400.00 Address City Comments (60% Review) Plans & Specs 1.00 8.00 8.0 8.0 40.0 4.0 69.0 $11,810.00 $11,810.00 $11,800.00 Address City Comments (90% Review) Plans & Specs 1.00 2.00 4.0 6.0 24.0 4.0 41.0 $6,740.00 $6,740.00 $6,700.00 Construction Phase Services Pre-Bid Meeting 3.00 4.0 4.0 11.0 $1,910.00 $1,910.00 $1,900.00 Bid Opening Meeting 3.0 3.0 6.0 $960.00 $960.00 $1,000.00 Bidding / Addenda 0.50 0.50 2.0 8.0 2.0 13.0 $1,900.00 $1,900.00 $1,900.00 Contracts / Agreements / Recommendation Letter / Bid Tab 0.50 1.00 2.0 12.0 4.0 19.5 $2,745.00 $2,745.00 $2,700.00 Pre-Construction Meeting 0.25 3.00 4.0 4.0 11.3 $1,972.50 $1,972.50 $2,000.00 Submittals / Pay Requests / Schedules / Change Orders 4.00 20.0 48.0 72.0 $11,300.00 $11,300.00 $11,300.00 Monthly Construction Meetings & Site Visits 4.00 60.0 60.0 124.0 $20,040.00 $20,040.00 $20,000.00 Final Inspection and Punchlist 0.50 2.00 8.0 8.0 18.5 $3,105.00 $3,105.00 $3,100.00 Record Drawings 0.50 1.00 2.0 6.0 16.0 25.5 $3,155.00 $3,155.00 $3,200.00 GIS Geodatabase 0.50 2.0 16.0 18.5 $2,235.00 $2,235.00 $2,200.00 SUBTOTAL - Basic Fee Services 14.0 93.5 12.0 516.0 1034.0 16.0 161.0 10.0 1856.5 $285,525.00 $285,525.00 $286,000.00 TOTAL PROJECT 14.0 94.0 12.0 519.0 1050.0 16.0 100.0 40.0 40.0 17.0 201.0 14.0 2117.0 $325,950.00 $3,775.00 $329,725.00 $330,230.00 200 Existing Conditions Hawse Drive 201 Existing Conditions Adams Drive 202 Existing Conditions Pemberton Lane 203 Financial Summary: Are budgeted funds available: Yes Fund(s) (Name and number): Residential Street Reconstruction 896-669-6670-2501 Cost of recommended contract award: $ 330,230.00 Total estimated project cost: $ 330,230.00 Engineering Already authorized Yes No $ 330,230.00 Total estimated costs 204 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH HALFF ASSOCIATES, INC. TO PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE PHASE 15B RESIDENTIAL STREET RECONSTRUCTION PROJECT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, has duly reviewed and considered the Engineering Services Contract with Halff Associates, Inc. to prepare construction plans and specifications for the Phase 15B Residential Street Reconstruction project; and Section 2. With this contract, the City of The Colony is agreeing to the services in the amount of $330,230.00 for such work. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF NOVEMBER 2024. __________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____________________________________ Jeffrey L. Moore, City Attorney 205 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider an ordinance regarding amendments to Planned Development -18 (PD-18) District aka The Tribute, by modifying Exhibit B “Development Regulations for PD-18 and PD-23,” updating the Concept Plan illustration, and providing development standards for the “Adeline at The Tribute” consisting of sixty (60) residential lots and eight (8) common areas located west of Lebanon Road and South of Bridge Lane within Planned Development 18 (PD18). (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: PDA24-0003 CC Staff Report - PD 18 Amendment Tribute PD Amendment Adline Tribute.doc PDA24-0003 - Locator Map.pdf Ord. 2024-xxxx Chelsea Green and Adeline PD 18 Amendment.docx 206 CITY COUNCIL REPORT AGENDA DATE:November 6, 2024 DEPARTMENT:Planning and Development Department SUBJECT: PDA24-0003 -Planned Development-18 Amendment- The Adeline at The Tribute Conduct a public hearing, discuss and consider an ordinance regarding amendments to Planned Development -18 (PD-18) District aka The Tribute, by modifying Exhibit B “Development Regulations for PD-18 and PD-23,” updating the Concept Plan illustration, and providing development standards for the “Adeline at The Tribute” consisting of sixty (60) residential lots and eight (8) common areas. The subject site is located west of Lebanon Road and South of Bridge Lane within Planned Development 18 (PD18). OWNER/APPLICANT Developer/Owner:The Tribute LLC Lewisville, Texas Applicant:JBI Partners, Inc Addison, TX EXISTING CONDITION OF PROPERTY Planned Development 18 and 23 aka The Tribute is predominately developed as a traditional residential single-family detached community, with an accompanying golf course and other common area amenities. PRIOR ACTION PROPOSED REQUEST Mathews Southwest (the master developer) has proposed an amendment establishing a residential area referred to as Adeline at the Tribute.Adeline at the Tribute contains approximately 26 acres to accommodate sixty (60) front entry, single-family detached homes and eight (8) common areas including two (2) detention ponds. The Adeline is adjacent to the proposed Marina and park site (northwest), Golf Clubs at the Tribute “Hole 9” (west) and Old American Golf Club “Hole #1” (east). The Adeline community will maintain the same standards for similar lots in the existing neighborhoods and are to maintain the architectural requirements within the Tribute’s overall Design Review Guidelines. A rezoning is required to implement this development as the property is presently identified with a less defined mixed-use development pattern. The zoning and development standards established by this ordinance allows for single-family detached homes. The ordinance include a minor note regarding landscape review in accordance with the community DRG, and also includes a specific definition regarding Pergola, Arbor and Gazebo accessory structures. These accessory structure types are not expressed in other portions of the overall development. Adeline at the Tribute is physically located within the boundary of PD-18. However, the proposed ordinance updates the Development Regulations and the “community map” reflecting development within Planned Development-18 (PD-18) and Planned Development-23 (PD-23). Each community created or amended after the establishing ordinance follows this process. 207 The following development regulations shall apply only to land located within the area identified as Adeline at the Tribute, and as described by exhibits of the proposed ordinance: Adeline at the Tribute 208 209 Proposed Aesthetics Area Context 210 NOTIFICATION The Zoning Ordinance requires newspaper notification a minimum of ten (10) days prior to the Planning and Zoning Commission meeting for text amendments. Notice for this Public Hearing was published in The Dallas Morning News on October 11, 2024. In addition, Zoning Ordinance also requires notification of property owners located within 200 feet of the subject property a minimum of ten (10) days prior to the public hearing. Public Hearing notices were mailed on October 11, 2024 to adjacent property owners. No comments either for or against the Planned Development Amendment were received as of printing of this packet. RECOMMENDATION The Development Review Committee (DRC) recommends approval of the proposed Planned Development Amendments to establish the Adeline. ATTACHMENTS 1. Location Map 2. Proposed Amending Ordinance (exhibits) 3. Narrative 211 LINK S RHEIMS EN FIE LD CAS TLEBRIDGE NEWTOWNWATERSID E CUMBERLAND HADDINGTON FAI RWAY WINDSORBELLEVUE LEBANON R D BRIDGE LN WYCL I F F E PROMENADE ASHFORD FAIRFAX SO UT HE RN HIGH S T P D 1 8 P D 2 3 AA This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: PD A24-0003 -Adeline-Tribute SubjectArea PDA24-0003 Agricultural Planned Development 18 Planned Development 23 212 Page 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024-____ (ADELINE) AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT 23 (PD-23) AND PLANNED DEVELOPMENT 18 (PD-18) TO AMEND THE DEVELOPMENT STANDARDS AND ESTABLISH THE DEVELOPMENT PLAN FOR THE APPROXIMATELY 26.388-ACRE TRACT OF LAND DESCRIBED IN EXHIBIT "A" OF THIS ORDINANCE, TO BE KNOWN AS THE ADELINE AT THE TRIBUTE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described on Exhibit "A" is currently zoned planned development 18 (PD-18); and WHEREAS, the applicant has made a request to amend the development standards and establish a development plan as reflected on Exhibits "B" and "C" to allow for single family development on the approximately 26.388-acre tract of land described on the attached Exhibit "A" to be known as The Adeline at The Tribute; and WHEREAS, after discussion and consideration, the City Council has determined that the revised development standards on Exhibit "B" and the development plan on Exhibit "C" should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That PD-23 and PD-18 are hereby amended for the property described on Exhibit "A" to establish the development standards for all of the Property described on Exhibit "A" as shown on Exhibit "B," and to establish a Development Plan as shown on Exhibit "C" which shall also serve as the Concept plan for the Adeline at The Tribute property described on Exhibit "A", which exhibits are attached hereto and incorporated herein for all purposes. An update to development standards table for PD-18 and PD-23 and is included as part of Exhibit "B" to facilitate the administration of PD-18 and PD-23. SECTION 2. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal, or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 213 Page 2 SECTION 3.That this Planned Development shall be developed and used only in accordance with the Comprehensive Zoning Ordinance and Ordinance No. 00-1245, PD-18, as amended. SECTION 4.That the Zoning Ordinance of the City of The Colony, Texas, as amended, and all ordinances establishing and amended PD-18, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5.That any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the code of Ordinances of the City of The Colony, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of The Colony, Texas, this the 6th day of November, 2024. APPROVED: Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 214 Exhibit B – Page 1 2155.013\1005461.1 EXHIBIT A METES AND BOUNDS DESCRIPTION (CHELSEA GREEN AND ADELINE) CHELSEA GREEN LEGAL DESCRIPTION BEING a parcel of land located in the City of the Colony, Denton County, Texas, a part of the T.D. Luckett Survey, Abstract No.752, a part of the S. Payton Survey, Abstract No. 1009, and being all of that called 29.691 acre tract of land described in deed to MM-MSW TRIBUTE, L.P., as recorded in County Clerk’s Document Number 2021-30490 and Document Number 2021-36906, Denton County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod with yellow cap stamped “JBI” found at the northeast corner of said 29.691 acre tract, said point also being at the intersection of the south right-of-way line of Bridge Lane (a variable width right-of-way at this point) dedicated by plat Bridge Lane Addition, an addition to the City of The Colony as recorded in Document Number 2018-93, Denton County Plat Records, with the west right-of-way line of Lebanon Road (a 120 foot wide right-of-way) according to the plat recorded in Cabinet W, Page 268, Denton County Plat Records; THENCE Southwesterly, 1066.00 feet along the west right-of-way line of Lebanon Road following a curve to the left having a central angle of 29 degrees 38 minutes 57 seconds, a radius of 2,060.00 feet, a tangent of 545.22 feet, and whose chord bears South 17 degrees 18 minutes 25 seconds West, 1054.15 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner, said point being the southeast corner of said 29.691 acre tract; THENCE South 89 degrees 18 minutes 15 seconds West, 1,294.56 feet to a one-half inch iron rod with yellow cap stamped “JBI” found at the southwest corner of said 29.691 acre tract, said point also being the southeast corner of Lot 1, Block A, The Tribute New Course, an addition to the City of The Colony as recorded in Cabinet Y, Page 59, Denton County Plat Records; THENCE along the west line of said 29.691 acre tract and along the east line of said Lot 1, Block A as follows: North 38 degrees 20 minutes 39 seconds East, 785.84 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; Northeasterly, 172.12 feet along a curve to the left which has a central angle of 49 degrees 18 minutes 36 seconds, a radius of 200.00 feet, a tangent of 91.80 feet, and whose chord bears North 13 degrees 41 minutes 21 seconds East, 166.86 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; North 10 degrees 57 minutes 57 seconds West, 659.28 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner, said point being the northwest corner of said 29.691 acre tract, said point being the northeast corner of said Lot 1, said point also being in the south right-of-way line of Bridge Lane; THENCE along the north line of said 29.691 acre tract and along the south right-of-way line of Bridge Lane as follows: 215 Exhibit B – Page 2 2155.013\1005461.1 South 66 degrees 33 minutes 04 seconds East, 32.85 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; South 64 degrees 30 minutes 22 seconds East, 322.00 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; Southeasterly, 436.78 feet along a curve to the left which has a central angle of 26 degrees 04 minutes 06 seconds, a radius of 960.00 feet, a tangent of 222.24 feet, and whose chord bears South 77 degrees 32 minutes 24 seconds East, 433.02 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; North 89 degrees 25 minutes 33 seconds East, 112.90 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; Southeasterly, 301.35 feet along a curve to the right which has a central angle of 34 degrees 31 minutes 54 seconds, a radius of 500.00 feet, a tangent of 155.41 feet, and whose chord bears South 73 degrees 18 minutes 30 seconds East, 296.81 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; South 56 degrees 02 minutes 33 seconds East, 70.35 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; South 11 degrees 46 minutes 54 seconds East, 35.81 feet to the POINT OF BEGINNING and containing 1,293,349 square feet or 29.691 acres of land. Bearings based on Bridge Lane Addition plat recorded in Document Number 2018-93, Denton County Plat Records. ADELINE LEGAL DESCRITPION BEING a parcel of land located in the City of the Colony, Denton County, Texas, a part of the T.D. Luckett Survey, Abstract No.752, and being all of that called Tract I-26.388 acre tract of land described in deed to TOMFRIM TRIBUTE LP as recorded in Document Number 2019-129296, Denton County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod with yellow cap stamped "JBI" found at the northeast corner of said 26.388 acre tract, said point being the northwest corner of Lot 1, Block A, The Tribute New Course, an addition to the City of The Colony as recorded in Cabinet Y, Page 59, Denton County Plat Records, said point also being in the south right-of-way line of Bridge Lane (a 60 foot wide right-of-way) dedicated by plat Bridge Lane Addition, an addition to the City of The Colony as recorded in Document Number 2018- 93, Denton County Plat Records; THENCE along the east line of said 26.388 acre tract and along the west line of said Lot 1, Block A as follows: South 06 degrees 21 minutes 01 seconds East, 179.63 feet to a one-half inch iron rod with yellow cap stamped "JBI" set for corner; South 01 degrees 39 minutes 06 seconds East, 599.88 feet to a one-half inch iron rod found for corner; South 24 degrees 46 minutes 25 seconds West, 861.32 feet to an "X" set on concrete at the southeast corner of said 26.388 acre tract, said point being the southwest corner of said Lot 1, Block A, said point also being in the north line of Tract Number C-241 described in deed to United States of America as recorded in Volume 371, Page 17, Denton County Deed Records; 216 Exhibit B – Page 3 2155.013\1005461.1 THENCE South 89 degrees 21 minutes 37 seconds West, 430.12 feet to a five-eighths inch iron rod with cap stamped "JACOBS" found at the southwest corner of said 26.388 acre tract, said point being the northwest corner of said Tract Number C-241, said point also being in the east line of that called 252.107 acre tract of land described in Memorandum of Lease between Wynnwood Army, LLC and Wynnwood Peninsula Golf, LLC as recorded in Volume 4154, Page 1595, Denton County Deed Records; THENCE along the west line of said 26.388 acre tract and along the east line of said 252.107 acre tract as follows: North 00 degrees 04 minutes 53 seconds West, 1099.66 feet to a five-eighths inch iron rod found for corner; North 00 degrees 09 minutes 58 seconds West, 100.00 feet to a five-eighths inch iron rod found with cap stamped "CARTER BURGESS" found at the northeast corner of said 252.107 acre tract; THENCE North 00 degrees 20 minutes 14 seconds West, 465.40 feet to a one-half inch iron rod with yellow cap stamped "JBI" found at the northwest corner of said 26.388 acre tract, said point also being the southwest corner of Bridge Lane; THENCE along the north line of said 26.388 acre tract and along the south right-of-way line of Bridge Lane as follows: North 89 degrees 55 minutes 30 seconds East, 397.15 feet to a one-half inch iron rod found for corner; Southeasterly, 254.55 feet along a curve to the right having a central angle of 23 degrees 31 minutes 26 seconds, a radius of 620.00 feet, a tangent of 129.10 feet, and whose chord bears South 78 degrees 18 minutes 47 seconds East, 252.77 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 66 degrees 33 minutes 04 seconds East, 124.02 feet to the POINT OF BEGINNING and containing 1,149,468 square feet or 26.388 acres of land. Bearings based on Bridge Lane Addition plat recorded in Document Number 2018-93, Denton County Plat Records. 217 Exhibit B – Page 1 2155.013\1005461.1 EXHIBIT B DEVELOPMENT REGULATIONS Adeline Development Standards: The 26.388-acre tract of land described on Exhibit A shall generally comply with the concept plan on Exhibit C, with the elevations on Exhibit C serving as conceptual representations of the types of architecture permitted in the Adeline development. The 26.388-acre tract of land described on Exhibit A shall be governed by the following development standards, and shall be permitted to develop as single family detached residential, as shown on Exhibit C, notwithstanding anything to the contrary in prior ordinances adopting or amending PD-18: Definitions: Accessory building (residential)means, in a residential district, a subordinate building that is detached and is enclosed on at least three sides. The building is typically used for a purpose that is customarily incidental and secondary to the main structure but does not change the character of the principal use and/or involve the conduct of a business. Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse, home workshop, children’s playhouse, storage building, garden shelter, etc. Accessory structure means, in a residential district, anything which is unenclosed and is constructed with a fixed location on or in the ground, including swimming pools, fireplaces, outdoor kitchens, etc. Coverage means, the percent of a lot or tract covered by the first floor of the main building which is enclosed by the outside walls of the main building. Main building means, a building on a lot/tract which is occupied by the primary use. Patio Cover means, a structure which may or may not be attached to the main building that is unenclosed on at least two sides and is covered by a solid roof. The roof may be an extension of the main building’s roof. Pergola/Arbor/Gazebo means, a structure which may or may not be attached to the main building that is unenclosed on at least two sides and is covered by an open roof made of slats or beams. 218 Exhibit B – Page 1 2155.013\1005461.1 The tables below reflect the zoning for all residential villages in PD-18 and PD-23 as they exist on the date of this Ordinance. These tables do not contain substantive amendments to PD-18 or PD-23 with the exception of the Adeline development described in Exhibit A and the landscape requirements for the Chelsea Green development described in Exhibit A. Village Name* Aberdeen Westbury Stonehaven Balmerino The Lochs & Tullamore Meadows The Glen The Gardens Somerset Waterford Point Min. Lot Width 50'60'50'41'40' Alley 50’60’50'60'80’60’75'80'50' (zero lot line) 60’40' Alley (zero lot line) 55' (zero Lot line) 48'55'65'76' Min. Lot Area (SF) 5000 7000 5000 4400 4400 5000 7000 5000 7000 12000 7000 9000 12000 4750 6000 4400 6200 5000 6200 7400 9000 Min. Lot Depth 100'110'100'110'120'100’110’100'110'120’110’110'120'100'100’120'120'110'120'120'120' Min. Lot Depth on Curve 95'95'95'95'95'95’95’95'95'110’95’95'110'95'95’95'95'95'95'95'95' Min. Front Setback 15'15'15'15'14'15’15’15'15'25’15’20'25'15'15’14'15'15'15'15'20' Min. Garage Setback 20'20'20'20'18'20’20’20'20'25’20’20'25'20'20’18'20'20'20'20'20' Min. Side Setback 5'5'5'5'5'5’5’5'5'8’5’7.5'8'3'/7'5’0'/10'0'/10'5'5'5'5' Min. Side Setback on Corner 10'10'10'10'10'10’10’10'10'15’10’15'15'10'10’10'10'10'10'10'10' Min. Rear Setback 15'15'15'15'15'15’15’15'15'20’15’20'20'10'15’15'15'15'15'15'20' Min. Rear Setback for Patio 5'5'5'5'5'5’5’5'5'8’5’8'8'5'5’5'5'5'5'5'5' 219 Exhibit B – Page 2 2155.013\1005461.1 Village Name* Aberdeen Westbury Stonehaven Balmerino The Lochs & Tullamore Meadows The Glen The Gardens Somerset Waterford Point Covers / Gazebos Max. Lot Coverage (does not include patio covers & gazebos) 55%55%55%60%60%55%55%55%55%55%55%55%55%60%60%60%60%60%60%55%55% Garage parking (min. # of spaces) 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Driveway Parking (min. # of spaces) 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Max. Residential Building Height 40'40'40'40'40'40’40’40'40'40’40’40'40'40'40’40'40'40'40'40'40' 220 Exhibit B – Page 3 2155.013\1005461.1 Village Name*Chelsea Green-Townhomes Adeline Single Family Rentals - 23.866 acres in Tract 1A of PD 23 Single family rental units (multi-family greencourt now known as Cove Bay) [This column applies if Tract 1A is developed with multi-family greencourt use] Min. Lot Width 25’60’80' Min. Lot Area (SF)1,800 7,000 5 acres Min. Lot Depth 73’110’120' Min. Lot Depth on Curve 73’95’120' Min. Front Setback 10’ facing street, 5’ facing green, 5’ covered front porch 15’ primary face and Patio Covers/Arbors 20' Min. Garage Setback None 20’None Min. Side Setback 0’, interior side yard 5’5' Min. Side Setback on Corner 5’, corner side yard 10’20' Min. Rear Setback 8’15’ face of house, 10’ primary roof of home 5' Min. Rear Setback for Patio Covers / Gazebos None 5’5' Max. Lot Coverage 83% (includes patio covers and gazebos) 55%75% (does not include patio covers and gazebos) Garage parking (min. # of spaces)2 2 2 Driveway Parking (min. # of spaces) None 2 None, but 0.5 guest spaces per unit required onsite Max. Residential Building Height 40’40’2 stories and 36' Other N/A N/A 166 units maximum 15% open space minimum See following page for “Notes to Tables”. 221 Exhibit B – Page 1 2155.013\1005461.1 *See the map on this exhibit for each Village referenced in the chart above. The map is attached only for the purpose of showing Village names and locations, and all other information on the map is informational only and subject to change. Notes to Tables: 1. Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the front building line, whichever is higher, to the highest point of the roof. 2. Lots designed as a 40-foot alley product shall have a minimum garage setback of 18 feet and a minimum front setback of 14 feet, with porches permitted to encroach into the front yard setback a maximum of five feet. Temporary visitor parking shall also be accommodated as parallel parking on the street in front of the home. All other standards for the 40-foot alley product shall be as noted for Somerset and Westbury above. 3. Chimney and bay window encroachments will be allowed a maximum of two feet into the front and side yards. Where a minimum five-foot side yard setback is required, side yard encroachments on common property lines must be separated by a minimum 20-foot clearance between combustible overhangs and/or walls. The measurement will be parallel to the common property line. 4. The minimum house size for all Villages except Chelsea Green, Waterford Point, Westbury, and excluding single family rentals, is 2,000 square feet. 5. The minimum house size for single family rentals is 1,795 square feet. 6. The minimum house size for Waterford Point with a minimum 48-foot front lot width shall be 1,600 square feet. 7. The minimum house size for Waterford Point with a minimum 55-foot front lot width shall be 1,800 square feet. 8. The minimum house size for Westbury on a lot with a minimum 41-foot front lot width and a 40- foot alley lot width shall be 1,800 square feet. The minimum house size for all other lots shall be 2,000 square feet. 9. The minimum garage size for Chelsea Green (townhomes and single-family detached) shall be 370 square feet. 10. The minimum garage size for Westbury Phase 4 and Westbury Phase 6 shall be 370 square feet. Tandem garages are permitted without limitation and regardless of lot size in Westbury Phase 4 and Westbury Phase 6. 11. Villages that show more than one lot type in the table above may be developed with any of the lot types shown, and development regulations in this chart shall be applied to each lot based on the size of that lot as shown on the approved final plat. 12. Each Village shall be allowed to have model homes. Lots identified as model home locations may be developed in accordance with any of the development regulations in this chart that apply to the applicable village. 13. For Adeline only, a. A row of shrubs, whose purpose is to create a visual screen of the marina, shall be provided on those lots as identified on Exhibit C. The shrubs shall be planted in a planting bed and be a minimum of 24 inches tall at the time of planting and planted no more than three feet apart, unless otherwise approved by the Planning Director based on a species for which a wider spacing is appropriate. The shrubs shall be maintained by the property owner. 222 Exhibit B – Page 2 2155.013\1005461.1 b. All lots shall provide landscape in accordance with the most current Tribute DRG’s, as amended. Required landscaping shall be maintained, inspected, and enforced in accordance with the current Tribute DRG’s, as amended. i. Yards adjacent to streets shall be turfed with hydromulch or sod. ii. An acceptable means of soil erosion in the rear and side yards shall be provided. iii. Landscaping throughout the development shall include the use of similar materials and products to create a consistent image and level of quality. This will be reflected in primary entry areas, secondary entry points, amenity centers, and throughout the development with special identifiers and signage. 14. The following apply for Chelsea Green. a. The exterior façade of each single-family detached home shall follow the masonry requirements applicable to The Lochs and Tullamore Meadows. b. Street trees may be located either within the townhome platted lot or within the adjacent right- of-way, and either location shall satisfy landscape requirements. c. A single-family detached lot on a curve or a cul-de-sac may be 55 feet in width as long as the lot area meets the minimum area square footage. A single-family detached lot on a curve or cul-de-sac may be 95 feet in depth as long as the lot area meets the minimum square footage. d. Outdoor living areas, whether the area is covered by a roof which is integrated into the house or not, shall not count towards lot coverage. e. For a townhome use, there shall be a minimum of one 4-inch caliper tree for every two townhome lots. f. For a single family detached use, landscaping shall be provided in accordance with the current Tribute DRG’s, as amended. Required landscaping shall be maintained, inspected, and requirements enforced in accordance with the current Tribute DRG’s, as amended. PD -18 & PD-23 HISTORY: For informational purposes only, the following is a list of ordinances adopting and amending PD-18 and PD-23 through the date of this ordinance: 1. Original Ordinance 00-1245 (adopted 11/6/2000) established zoning for PD-18 (The Tribute). 2. Ordinance 06-1700 (adopted 12/4/2006) rezoned 25 acres, restricted single family and golf villa height not to exceed 40 feet, and allowed two-foot chimney and bay window encroachments and batch plants. 3. Ordinance 07-1745 (adopted 12/3/2007) established development standards. 4. Ordinance 09-1798 (adopted 3/2/2009) added the following definition for Height: Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the front building line, whichever is higher, to the highest point of the roof. 5. Ordinance 2012-1982 (adopted 10/2/2012) changed development standards for Balmerino. 6. Original Ordinance 09-1802 (adopted 4/6/2009) established zoning for PD-23. 7. Ordinance 09-1823 (adopted 8/17/2009) added 40 acres of mixed use to PD-23. 223 Exhibit B – Page 3 2155.013\1005461.1 8. Ordinance 09-1824 (adopted 8/17/2009) added 4.8 acres of mixed use to PD-23. 8. Ordinance 2012-1964 changing the sign regulations for PD-18 and PD-23. 9. Ordinance 2013-2023 (adopted 9/3/13) changed the development standards for Aberdeen, Westbury, Stonehaven, Balmerino, Lochs, Tullamore Meadows, Glen and The Gardens. 10. Ordinance 2014-2057 (adopted 3/4/2014) provided for temporary batch plants. 11. Ordinance 2015-2176 (adopted 11/17/2015) added development standards for Tribute West (now known as Waterford Point). 12. Ordinance 2019-2351 (adopted 2/19/2019) changed development standards for Westbury. 13. Ordinance 2021-2442 (adopted 7/2/21) rezoned 23.866 acres in Tract 1 to Tract 1A - single family rental units (multi-family greencourt). 14. Ordinance 2021-2451 (adopted 10/6/21) established site plan for 166 single family rental units on 23.866 acres – Tract 1A. 15. Ordinance 2022-2464 (adopted 4/5/22) establishing revised development standards and development plan for 29.691 acres (Chelsea Green). 224 Exhibit C – Page 1 2155.013\1005461.1 EXHIBIT C ADELINE CONCEPT PLAN 225 Exhibit C – Page 2 2155.013\1005461.1 226 Exhibit C – Page 3 2155.013\1005461.1 227 Exhibit C – Page 4 2155.013\1005461.1 228 Exhibit C – Page 5 2155.013\1005461.1 229 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Planned Development 11 (PD11) to Planned Development 29 (PD29) aka “JumpShot” to establish conceptual layout for an Amusement, Commercial (indoor) Use and development standards approximately 8.69 acres located approximately 330 feet west of the southwest intersection of Memorial Drive and Blair Oaks Drive. (Williams) Suggested Action: Please the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendation Attachments: PD24-0002 CC Staff Report JumpShot-Planned Development for 10-22 FINAL.doc PD24-0002 - JumpShot Revised Exhibits-FINAL.pdf Ord. 2024-xxxx JumpShot PD.docx 230 1 CITY COUNCIL REPORT AGENDA DATE:November 6, 2024 DEPARTMENT:Planning and Development Department SUBJECT:PD24-0002 – JumpShot Planned Development 29 (PD29) Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Planned Development 11 (PD11) to Planned Development 29 (PD29) aka “JumpShot” to establish conceptual layout for an Amusement, Commercial (indoor) Use and development standards. The subject site contains approximately 8.69 acres and is located approximately 330 feet west of the southwest intersection of Memorial Drive and Blair Oaks Drive. OWNER/APPLICANT Owner: Harkinson Management, LLC Addison, TX Applicant: Michaelann Durden Richardson, TX Kimley-Horn and Associates, Inc. EXISTING CONDITION OF PROPERTY The subject site is currently undeveloped. ADJACENT ZONING AND LAND USE North - Planned Development PD-11 – Multi-Family Residential South - Planned Development PD-11 - Mixed Retail Commercial East - Planned Development PD-11 - Mixed Retail Commercial West -Planned Development PD-11 - Mixed Retail Commercial PROPOSED DEVELOPMENT The applicant is proposing a planned development “JumpShot”, which permits an indoor amusement use “by-right”, but also establishes development standards and a concept plan for the 8.69 acre site previously permitting General Retail (GR) uses. The proposed development is a commercial amusement (indoor) use within an approximately 50,000 sf building. The commercial amusement use will include approximate 35,000 square feet of digitally enhanced basketball lanes, restauarant with full service kitchen, bars, and live music. PRIOR ACTION On October 8, 2024, the Planning and Zoning Commission voted (5-0) to postpone consideration of this item until the October 22, 2024 Planning and Zoning Commission meeting in order for the applicant to work with staff and cleanup the concept plan and see how the Gateway Overlay District regulations can be met. The applicant provided updates to the proposed ordinance and concept plan that reflects the Gateway Overlay District as the basis for the overall site development standards. Notable updates provided to address comments include: 231 2 Gateway Overlay District influenced development standards intended to guide development toward compatablity and consistency with the surrounding area. Conceptual perimeter buffer standards with design flexibility to accommodate site access and site aesthetics. (the plant material may be relocated to alternative areas within the site.) Incorporation of tree substitutions for flexible site design without the loss of plant material. o Three (3) small ornamental trees may be substituted for one (1) large canopy tree, not to exceed twenty-five percent (25%) of the required number of large canopy trees as allowed by the Gateway Overlay. o The substitution percentage may be increased to thirty percent (30%) provided that for each increment of fifteen percent (15%) (or fraction thereof) above the minimum, one (1) additional item from the Gateway Overlay District amenity list is incorporated on site. Emphasis to provide aesthetics consistent with Gateway Overlay principles o The landscape plan aesthetics points are a minimum of 20 points to include but not limit to enhanced hardscape, enhanced landscaping, amenity dry detention pond, and use of decorative outdoor seating. Two bike racks for twelve bikes will be provided. On October 24, the Planning and Zoning Commission voted (5-0) to approve with the follow conditions: Landscaping will meet requirements laid out in Gateway Overlay District Regulations – 10A-700-a Definition of “Required interior landscape area” is ten percent of gross vehicular use area as defined in Gateway Overlay Standards 10A-700-b-1 and is exclusive of required perimeter landscaping. i.e. no double counting towards requirements. Perimeter and Interior landscape area requirements are exclusive of one another and plantings cannot count towards both. Buffer along Memorial may be reduced to 9 feet with an increase of buffer materials at 1.5x as outlined in the Gateway minor waivers. Planting may be placed throughout the site if conflicts exist, but does not count towards interior landscape requirements. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) has no objection to the proposed Planned Development-29, establishing a concept plan and Amusement, Commerical (indoor) use. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Planned Development Concept Plan 4. Draft Ordinance 5. Applicant Narrative 232 3 ATTACHMENT 1 Staff Analysis Land Use Analysis The applicants request establishes zoning, concept plan and development standards for Planned Development 29 (PD29) an approximately 8.69 acre commercial amusement development. The intent of the rezoning from Planned Development 11 (PD11) to Planned Development 29 (PD29) allows the development, a benefit of establishing new development standards, purpose chosen to support a single-use 8.69 acre amusement development. Establishment of a driving destination, commercial amusement use planned development is consistent with the policy guides of the Comprehensive Plan for Commercial Destination. Similar commercial amusement developments such as Top Golf are found in the surrounding area (approximately 400 feet east). The applicant proposes the development of commercial amusement (indoor) use within an approximately 50,000 square-foot building. The ground floor will feature 35,000 square-foot digitally enhanced basketball lanes, seating and bar service areas. Entrance to the facility is via a 10,000 square-foot central mezzanine. The mezzanine entrance provides a top down observation of lanes as well as providing space for the restaurant, kitchen bars and seating. Elevations The conceptual elevation plan reflects a modern aesthetic with elevations consisting predominately of monolithic masonry, concrete or similar materials but also presents large illuminated rain screen metal paneling and decorative metal surrounds and accents. The color palette mainly consists of natural and earth tone selections except for illumination. Each façade contains horizontal and vertical articulations, material changes and color change to offer visual interest. An overall building height of seventy (70) feet from grade to rooftop screening is requested. The height request accommodates both the volume of basketball lanes and full screening of mechanical equipment to facilitate the tech enabled amusement and kitchen uses. The similar height request is found at Top Golf, where a sixty (60) foot building height was requested, and fence screening was permitted at a height of 123 feet. Circulation and Parking The concept plan includes a layout of parking, circulation and pedestrian access. A 399 stall parking field encircles the building with the largest concentration of parking located to the south (entrance). Proposed circulation connects to neighboring sites via cross access in all directions, including direct driveway access to Memorial Drive, and the State Highway 121 access road. Pedestrian access to the business front entrance is provided via a private sidewalk from the Memorial Drive bike trail. A landscaped pedestrian way is also provided thought the south parking field. Landscaping The conceptual landscape plan reflects buffering and tree cover throughout the perimeter and landscape area. Concepts reflect an intent in planting of canopy trees, small ornamental trees, shrubs, and ground cover throughout the development site. The site will provide twenty landscape 233 4 points consistent with Gateway requirements. A four (4) feet tall wrought iron fence is proposed to protect access to the site’s detention pond. The conceptual landscape plan reflects plantings along the dry detention area, with an adjacent walking path and respite area. Live Music The applicant has requested an allowance for live music. The live music will occur in an openroofed but architecturally screened front portion of the building envelope. Hours of live music are proposed at 12pm through 4pm Saturday and Sunday. A 80 dB limit is proposed as measured one-hundred-fifty (150) feet from the bounding property line. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) has no objection to the proposed Planned Development-29, establishing a concept plan and Amusement, Commerical (indoor) use. 234 B L AIR O A K S D R C O U G A R ALLE Y D R M AIN S T M E M O RI A L D R E XIT P AI G E /P L A N O P K W Y S A M R A Y B U R N T O L L W A YSH 1 2 1 4709 4777 4707 47053700 4701 4703 4805 4801 4811 4713 4711 4796 4895 4815 4897 4819 P D 1 1 P D 2 7 G RGR S F -4SF-4 B PBP This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: PD 24-0002- JumpShot Planned Development SubjectArea Business Park General Retail Planned Development 11 Planned Development, PD27 Single Family 235 Page 1 kimley-horn.com 2600 N Central Expy, Suite 400, Richardson, Texas 75080 214 617 0535 October 16, 2024 City of The Colony Planning and Development Review Department 6800 Main Street The Colony, Texas 75056 Re: Project Narrative – JumpShot PD Planned Development Between Main Street and Blair Oaks Drive, Along Memorial Drive and State Highway 121 The Colony, Texas 75056 To Whom It May Concern, Please accept this Project Narrative for the above-mentioned project. The proposed Planned Development is for an existing property within PD-11 Bristol Oaks. The property is located between Main Street and Blair Oaks Drive, and along Memorial Drive, approximately 350-feet north of State Highway 121. It is approximately 8.69 acres and is currently undeveloped. The proposed venue is a technology-enabled basketball entertainment facility that features 50 shooting lanes across 35,000 square feet, allowing patrons to shoot any basketball shot in a dynamic, digitally, and physically interactive space. The shooting lanes should be considered interactive bays offering a selection of games that allow for a customizable guest experience. JumpShot’s patent-pending design will deliver a personalized and private entertainment experience for groups of one to six people in an assigned lane. The activity is stationary, providing a shooting platform while the gaming system articulates the hoop forwards, backwards, up, down, and rotates 360 degrees. The social engagement of our proprietary gaming system is enhanced by best-in-class food and beverage, custom designed seating areas, and dedicated bay attendants. The shooting lanes are wrapped around a 10,000 square foot central mezzanine that features 2 full-service bars, 2 service level bars, VIP room, wrapping jumbotron style displays, and full-service kitchen. The central mezzanine also houses sales and administrative offices, facilities management, and guest accessible elevator. The kitchen will open when the building does. Bar services will discontinue 30 minutes prior to closing time, and the kitchen 15 minutes after that. Current projected hours of operation: • Monday through Thursday 12p-12a • Friday 12p-2a • Saturday 9a-2a • Sunday 9a-8p JumpShot is committed to the safety of its guests, employees, and the communities we reside in. All players will be required to accept an enforceable code of conduct that ensures an inviting and energetic experience for everyone. Highlights include a dress code, behavior and gameplay guidelines aimed at keeping the environment respectful and safe, and personal liability for malicious or destructive behavior. Additionally, JumpShot’s design includes a receiving vestibule that will house a security checkpoint. This will be staffed by a bonded, insured, and licensed third party security company with a security plan that includes wands, x-ray, and facial recognition technology to support the physical presence. If the municipality offers an off- duty police officer program, that would also be included in the overall security plan. Our client has extensive experience in creating and managing high-profile recreational and entertainment developments. They were responsible for the development, scaling, and successes of Topgolf, Urban Air Adventures, Dave and Busters, Drive Shack, and most recently Atomic Golf Las Vegas. Their expertise spans every component of a highly successful hospitality operation including business development, real 236 Page 2 kimley-horn.com 2600 N Central Expy, Suite 400, Richardson, Texas 75080 214 617 0535 estate evaluation, food and beverage development and execution, staffing and training, vendor relationships, and the complexities of hospitality economics. In alignment with the City of The Colony’s Future Land Development Vision Map, the JumpShot development shall be a commercial recreational and amusement destination. The proposed concept is similar to the existing commercial and amusement use of the nearby TopGolf development. TopGolf is located less than 500-feet east of JumpShot on the opposite side of Blair Oaks Drive. The development will primarily function as a driving destination but shall incorporate bike and pedestrian pathways to support a range of transportation options. The site’s landscaping will integrate various plantings, design elements, and cohesive materials to elevate the visual appeal and functionality of the primary access routes on the property to contribute to an enhanced experience for all users. The building design massing standard requirements are based on the area of the structure being above or below 5,000 square feet. JumpShot’s structure is a considerable amount greater than the base 5,000 square feet, it is approximately 50,000 square feet. The exceptions requested are to address the design standards and promote a unique and modern design, while keeping the overall building size in consideration. The JumpShot PD requests a maximum building height of 70-feet. For reference, the nearby TopGolf amusement development requested a maximum building height of 60-feet and maximum net height of 123- feet with their PD. The increase in building height is necessary to ensure that all mechanical equipment needed to support JumpShot and the interior electronics can be screened from view. The PD requests a waiver of JumpShot's requirement to include outdoor public amenity areas, allowing JumpShot to emphasize the engaging experiences within the proposed 50,000 square foot facility. This spacious, climate-controlled environment is designed to comfortably accommodate a large number of visitors throughout the operational hours, ensuring a welcoming atmosphere that encourages entertainment and enjoyment inside the building. This focus will enhance the overall experience for guests and foster a vibrant destination for varied members of the community. The proposed Live Music ordinance associated with the JumpShot PD aims to facilitate the organization of live music on the outdoor patio on Saturdays and Sundays from 12:00 PM to 4:00 PM. The intent is to permit small bands to perform during brunch and lunch, with no plans to host large concerts, food truck events, or street fairs at this time. JumpShot’s request and design have been thoughtfully crafted to consider the nearby residential development located north of the site, across Memorial Drive. At a distance of 150 feet from the northern property line, there are no conflicts with existing residential buildings, and the patio is situated on the southern side of the facility, away from residential areas. If you have any questions or comments, please contact me at 214-617-0535. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Michaelann Durden, PE Project Manager 237 EXHIBIT “B” GENERAL PROVISIONS The property described in Exhibit A shall be subject to the Planned Development-29 regulations as stated in this Exhibit “B” and reflected on Exhibit “C” The site layout representations in Exhibit “C” are conceptual; minor aspects of the Exhibit “C” may be subject to change during the site plan review process, major or substantial changes may require Concept Plan amendment. A site plan review shall follow Concept Plan approval in accordance with Section 17 of the Code of Ordinances DISTRICT REGULATIONS 1. Uses Permitted and Minimum Off-Street Parking Required. – Allowed land uses in PD-29 shall include only those uses listed below. All other uses are expressly prohibited unless an amendment to this Planned Development is sought and approved by City Council to allow such use. Table 1 Allowed Land Uses and Minimum Off-Street Parking Requirements Allowed Land Uses in PD-29 Minimum Off-Street Parking Requirements Uses allowed in General Retail (GR) zoning district* As required by The Colony Zoning Ordinance Amusement, commercial (inside)** 1:200 *Permitted uses within the GR zoning district are to be allowed, with the exception of the following prohibited uses: Electric energy generation plant, electric substation, farm or ranch. ** “Amusement, commercial (inside)” is further defined from The Colony Zoning Ordinance to include entertainment uses that also offer the sale of food, beverage, and alcohol for on- premises consumption. 2. Site Design Requirements - All design requirements shall include elements of the following and as conceptually reflected on Exhibit C: a. Connectivity between and within sites b. Building shall be oriented so as to limit negative impacts of the service areas from the neighboring properties c. Parking shall be designed with the intent to minimize potential negative impacts of large unbroken parking fields i. Parking shall not be located within landscape buffers ii. Designated and landscaped pedestrian pathway s from the public sidewalk to the main entrance of the primary building iii. Parking shall be designed to mitigate headlight glare on to adjacent property 238 iv. Parking lot lighting shall be designed to offer safe levels of lighting and prevent light pollution on to adjacent property 1. Low pressure sodium lighting and fixtures that case a similar yellow color are prohibited 2. All lighting fixtures shall be restricted to down-light or cut-off types. Standards, poles and fixture housings shall be of a single color and compatible with the architecture of the building 3. Maximum luminary mounting height is 25 feet 3. Interior Landscaping Requirements – Interior Landscaped areas shall be defined as all outside plantable ground surfaces including buffers, parking lot landscaping, and other landscaped areas. It will not include areas inside buildings or any paved or hard surfaced areas such as walks, drives, parking areas, patios, building entry areas and hard surfaced recreation areas. All landscaped areas shall be planted with trees, shrubs, turf, other living ground cover and/or limited hardscape materials. Artificial turf is not allowed in these areas. All interior landscaping shall be provided as follows and as conceptually reflected on Exhibit C : a. a minimum of one large canopy tree planted for each 400 square feet or fraction thereof of required interior landscape area. b. Interior areas of parking lots shall contain at least one large canopy tree and shall be located at the terminus of all parking rows. The remainder of the island space shall be landscaped with shrubs, ornamental grasses, turf and/or living groundcover not to exceed three feet in height. c. Parking lot trees within landscape islands shall not be spaced greater than every 12 spaces, unless approved on the landscape plan to preserve existing trees and natural features or due to unique site conditions. 4. Perimeter Landscaping Requirements - Perimeter landscape shall be provided as follows and as conceptually reflected on Exhibit C: a. Ten foot landscape buffer along Memorial Drive and shall contain at least one large canopy tree every 40 linear feet or fraction thereof and two ornamental trees every 50 linear feet of street frontage, exclusive of driveways. Trees may be grouped or clustered to facilitate site design. b. Perimeter buffers between adjacent properties shall be no less than five feet wide and contain at least one ornamental tree every 50 linear feet or fraction thereof and one canopy tree for every five ornamental trees. When adjacent to another commercial use. Trees may be grouped or clustered to facilitate site design and may be staggered where appropriate. c. Screening of vehicular uses shall be screened with an evergreen hedge or durable landscape barrier, sporadic breaks in any hedge row many be approved to achieved unique designs. 5. Exterior Lighting – Exterior lighting shall be provided as follows and as conceptually reflected on Exhibit C: 239 a. Site lighting shall be installed in accordance with the standards according to city ordinances b. photometric plan detailing areas and structures requiring illumination, lighting fixture styles, light sources and light levels shall be included as part of the site plan review i. All outside lights must be designed and installed so as not to produce a glare or direct illumination greater than one-half foot-candles when measured three feet in height at the bounding property lines. ii. Accent lighting, when provided, shall be installed in accordance with the standards set in the most recently adopted international energy conservation code. iii. Upwards and downwards lighting on the building, as well as LED façade materials are permitted subject to site plan review. 6. Signage – Signage shall meet the requirements of the City of the Colony’s Article XI. For any deviations requested from the code, an SBOA variance is to be submitted and reviewed separately. 7. Façade Materials and Treatment - Façade and Architectural requirements shall be provided as follows: a. For structures greater than 5,000 square feet in gross building area on the ground floor, no uninterrupted horizontal length of building façade shall exceed 275 linear feet. The uninterrupted horizontal length shall have a change in material that is divided vertically. b. When not facing another building on an interior side lot line, Blank, uninterrupted wall areas shall incorporate the use of landscaping to break up the monolithic appearance of such areas. Blank wall areas shall not exceed 50% of any building façade. c. Primary entrance shall be located along the side of the building facing SH 121. d. A minimum of 5% of the façade area shall include windows. e. Natural and/or earth tone colors must be utilized for minimum 40% of each building elevation. f. Synthetic stucco (such as exterior finish and insulation system (EFIS)) may be utilized as an architectural accent material but is not to exceed 60% of the exterior surface of any building façade. g. Architectural metal products are permitted with a maximum coverage not to exceed 60%. h. When two wall materials are combined on any façade, the material shall be divided predominately horizontally. This ordinance permits complete deviation from the standard code requirement of the heavier material below the divide and covering the lower quarter (1/4) of the overall wall height. i. Long stretches of the same roof shall not exceed 250 linear feet. j. Building Overhangs shall not require columns or be taller than 25-feet from grade. 240 8. Service Area and Mechanical Equipment Screening – Roof-mounted mechanical units shall not have a restriction on the location, size, or height, and can be screened individually, by a parapet wall, or by another architectural building element. Roof-mounted mechanical units shall be screened from a viewpoint of 5.5 feet above the elevation of the adjacent right-of-way and or property line. The height of the screening element shall be sufficient to fully hide the mechanical unit from the viewpoint stated above. Screening-parapets exceeding 10’ in height are to be contained within the maximum building height listed in Table 2 – Bulk and Setback Standards for PD-29. At-grade service areas, such as loading zones, shall be screened with a 6-foot masonry wing-wall to prevent visibility of loading zone and doors from public right-of-way. At- grade drainage and detention areas can be protected with a 4-foot wrought iron fence. 9. Lot Bulk Standards – The following are minimum requirements for lot area, setbacks and bulk for the PD-29 Zoning District based on a gross building size of 50,000 – 60,000 square feet. Table 2 Bulk and Setback Standards for PD-29 Bulk Standard Requirement Front Setback – Facades facing SH 121 10 feet Side Setback – Facades facing east and west 10 feet Rear Setback – Facades facing Memorial Drive 40 feet Minimum Lot Size 1 acre Minimum Lot Width 100 feet Maximum Building Height 70 feet* Maximum Floor Area Ratio 3:1 Maximum Lot Coverage 75% *Building height is exclusive of number stories or internal mezzanines being provided. A mezzanine is defined as an intermediate floor in a building that is situated between the main floor(s) and/or does not extend over the whole floorspace of a building. Parapets not exceeding 10’ in height to be excluded from the building height. 10. Live Music – Live Music contained within the building’s patio limits will be permissible during the hours of 12:00 PM – 4:00 PM on Saturdays and Sundays. Live music activities may not exceed 80 dB at a distance of 150 feet as measured from the property boundary. For outdoor events exceeding these parameters and taking place exterior to the building walls, JumpShot is to submit a Special Event Application to the City. The application should be submitted 30-90 days prior to the event, depending on the expected number of attendees specified on the application. 241 EXHIBIT “C” CONCEPTUAL SITE PLAN CONCEPTUAL LANDSCAPE PLAN ILLUSTRATIVE BUILDING RENDERINGS 242 LOT 9, BLOCK 1 COLONY PLAZA ADDITION CAB. Q, PG. 55 WW WW WW WW W W SD SD SD SD SD SD SD SD SD W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W S D S D GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > MEMO R I A L D R I V E B L A I R O A K S D R I V E SH 1 2 1 FL FL F L F L F L F L F L F L FL FL FL FL FL FL FL F L FL FL F L F L F L F L F L FL FL FL FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L FL FL FL FL FL FL FL F L F L FL FL FL FL F L FL FL FL FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L F L FL FL FL FL FL FL FL FL FL FL F L F L FL FL FL FL FL F L FL FL FL F L F L F L F L F L F L FL FL FL FL FL FL FL F L FL FL F L F L F L F L F L FL FL FL FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L FL FL FL FL FL FL FL F L F L FL FL FL FL F L FL FL FL FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L F L FL FL FL FL FL FL FL FL FL FL F L F L FL FL FL FL FL F L FL 26' 26' 26' 26' 26' 26' 30' 30' 2 6 ' 2 6 ' 2 6 ' 26' DETENTION POND 3 0 ' 26' 30' 15' 5 ' S I D E W A L K 10' S I D E W A L K R26' R26' R30' R 26' R 2 6 ' R 26' R 26' R 26' R 2 6 ' R50' R52' PROPOSED DUMPSTER AREA WITH SCREENING PER THE COLONY ZONING ORDINANCE LOADING DOCK AREA PASSENGER VEHICLE LOADING AREA 10' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 6' SCREENING WALL APPROX. LOCATION OF EX. WATER MAIN APPROX. LOCATION OF EX. STORM PIPE PROPOSED DRAINAGE AND DETENTION EASEMENT APPROX. LOCATION OF EX. SANITARY SEWER APPROX. LOCATION OF EX. WATER APPROX. LOCATION OF EX. WATER APPROX. LOCATION OF EX. STORM HEADWALL MUT U A L A C C E S S EAS E M E N T M U T U A L A C C E S S E A S E M E N T M U T U A L A C C E S S E A S E M E N T MUT U A L A C C E S S EAS E M E N T MUT U A L A C C E S S EAS E M E N T MU T U A L A C C E S S EA S E M E N T PROPOSED FENCE FIRE RISER ROOM & BLDG MOUNTED FDC PREMIER VALET PARKING AREA APPROX. LOCATION OF OUTDOOR PATIO SIDEWALK EASEMENT 12' RIGHT TU R N L A N E ACCESS EASEMENT TRACT 1 C.C.# 99-R0017519 VOL. 4283, PG. 1218 20' A C C E S S E S M T . 2004 - 1 7 7 3 2 UTILITY ESMT. 2005-132280 20' UTILITY ESMT. VOL. 5221, PG. 01796 VOL. 5350, PG. 6579 25' UTILITY, MUTUAL ACCESS & FIRELANE ESMT. VOL. 5066, PG. 2777 DRAI N A G E & U T I L I T Y E S M T . C.C.# 9 9 - R 0 0 1 1 7 5 1 8 1 5 ' D R A I N A G E E S M T . 2 0 0 5 - 1 3 2 2 8 1 DRAINAGE ESMT. 2006-32153 10' UTILITY ESMT. V A R I A B L E W I D T H D R A I N A G E E S M T . 2 0 0 4 - 5 8 9 7 5 25' MUTUAL ACCESS, DRAINAGE & UTILITY ESMT. 15' W A T E R E S M T . DRAI N A G E E S M T . 2004 - 5 8 9 7 9 2004 - 1 1 3 3 3 5 25' UTILITY & MUTUAL ACCESS ESMT. VOL. 5221, PG. 01796 VARI A B L E - W I D T H U T I L I T Y E A S E M E N T VOL. 4 8 4 8 , P G . 1 4 4 9 1 5 ' U T I L I T Y E A S E M E N T 10' UTILITY ESMT. DRAINAGE ESMT. 2004-58978 25' UTILITY ESMT. 2004-58980 DECLARATION AND AGREEMENT WITH COVENANTS AND RESTRICTIONS VOL. 5221, PG. 1764 15' MUTUAL ACCESS & UTILITY ESMT. 2004-17732 2 5 ' U T I L I T Y , M U T U A L A C C E S S & F I R E L A N E E S M T . 2 0 0 5 - 2 2 7 0 9 WATER ESMT. DRAI N A G E E S M T . 2004 - 5 8 9 7 7 2004 - 1 1 3 3 3 4 DRAINAGE ESMT. 25' U T I L I T Y E A S E M E N T UTILI T Y E S M T . 2 0 0 4 - 1 7 7 3 2 DECLARATION AND AGREEMENT WITH COVENANTS AND RESTRICTIONS VOL. 5221, PG. 1764 2 0 ' U T I L I T Y E S M T . 2 0 0 4 - 5 8 9 7 6 DECLARATION AND AGREEMENT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS TRACT 2 VOL. 5221, PG. 1764 DECLARATION AND AGREEMENT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS TRACT 3 VOL. 5221, PG. 1764 15' U T I L I T Y E S M T . 5' S I D E W A L K EX. SIDEWALK 2600 N Central Expressway, Suite 400 Richardson, Texas 75080 (214) 617-0535 State of Texas Registration No. F-928 DWG NAME K:\RCH_CIVIL\060002801 - JUMPSHOT - THE COLONY\CAD\EXHIBITS\20241015 - SITE PLAN PD INFORMA RE-SUBMIT\20241015 SITE PLAN.DWG LAST SAVED 10/16/2024 12:42 PM JUMPSHOT CONCEPTUAL SITE PLAN THE COLONY, TEXAS PREPARATION DATE: OCTOBER 16, 2024 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY OR CONTACT WITH THE CITY, COUNTY, ETC. 0 GRAPHIC SCALE IN FEET 40 20 40 80 NORTH LEGEND FL PROPERTY LINE PROPOSED FIRE LANE DEVELOPMENT REVIEW SCHEDULE INITIAL APPLICATION INFORMAL UPDATE - BEFORE DRC FORMAL UPDATE INFORMAL UPDATE - AFTER 10/8 P&Z INFORMATION WITHIN DOCUMENT JUMPSHOT PD - SUBMITTAL JUMPSHOT PD - SUBMITTAL JUMPSHOT PD - SUBMITTAL JUMPSHOT PD - SUBMITTAL NOTES 1. ALL REQUIRED FIRE LANE DRIVE AISLES TO BE MINIMUM 26-FEET WIDE. 2. ALL REQUIRED FIRE LANE TURNING RADII TO BE MINIMUM 26-FEET. 3. EXISTING EASEMENTS MAY NEED TO BE ABANDONED AND NEW ONES DEDICATED TO ACCOMMODATE DRAINAGE AND UTILITY REQUIREMENTS. THIS WILL BE ASSESSED DURING THE SITE PLAN OR CIVIL PLAN REVIEW PROCESS. Approved by the City Council on the ______________ day of ____________20_____ ____________________________________________________________________ Planning Director LANDSCAPE BUFFER PROPOSED EASEMENT EXISTING EASEMENT 24 3 October 16th , 2024 JUMPSHOT | The Colony, TX CONCEPTUAL LANDSCAPE PLAN SITE PLAN P R O P E R T Y L I N E P R O P E R T Y L I N E P R O P E R T Y L I N E PROP E R T Y L I N E PROP E R T Y L I N E PROPERTY LINE MEMO R I A L D R I V E PROPOSED TREE CANOPY DETENTION POND PROP E R T Y L I N E PARKING LOT SCREENING SEATING AREA WITH BENCH AND TRASH BIN SIDEWALK ENTRY AREA SIDEWALK SIDEWALK EXISTING SIDEWALK BIKE RACKS Conceptual Landscape Plan Notes: • Perimeter buffer design along Memorial Drive may be adjusted to accommodate site access. Plant material may be relocated to alternative areas within the site. Final conceptual buffer design shall be reviewed with site plan review • Three (3) small ornamental trees may be substituted for one (1) large canopy tree, not to exceed 25% of the required number of large canopy trees. The substitution percentage may be increased by a maximum of 30%, provided that for each increment of 15% (or fraction thereof) above the minimum, (1) additional item from the Gateway Overlay District amenity list is incorporated on site. • The Landscape Plan Aesthetics Points are to be determined and reviewed with site plan review, obtaining a minimum of 20 points. Proposed amenity options to be considered and reviewed with the site plan include, but are not limited to, enhanced hard scape, enhanced landscaping, amenity dry detention pond, and use of decorative outdoor seating. • Two bike racks for twelve bikes shall be provided. Final design and location to be reviewed at site plan review. 244 Illustrative Building Renderings 245 Illustrative Building Renderings 246 Illustrative Building Renderings 247 Illustrative Building Renderings 248 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024- ________________ JUMPSHOT – PD-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY REPEALING AND GRANTING A CHANGE OF ZONING FROM PD-11 TO PLANNED DEVELOPMENT-29 (PD), FOR AN APPROXIMATELY 8.69 ACRES OF LAND LOCATED APPROXIMATELY 300 FEET WEST OF THE SOUTHWEST CORNER OF MEMORIAL DRIVE AND BLAIR OAKS DRIVE AND BEING MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT “A”, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR DEVELOPMENT REGULATIONS, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDNNG A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and pursuant to the Comprehensive Zoning Ordinances of the City of The Colony, Texas, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD24- 0002 should be approved, and that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of the Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from Planned Development 11 (PD-11) to Planned Development 29 (PD-29), for an approximately 8.69 acres of land located approximately 300 feet west of the southwest corner of Memorial Drive and Blair Oaks Drive, and being more particularly described and depicted in Exhibit A of this Ordinance, which is attached hereto and incorporated herein for all purposes. SECTION 2. That the above property shall be developed and used in compliance with the minimum development standards and regulations, which are attached hereto and incorporated herein as Exhibit B of this Ordinance, which is attached hereto and incorporated herein for all purposes. 249 SECTION 3. That all provisions of the Ordinances of the City of The Colony, Texas in conflict with the provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase, or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any persons, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of The Colony, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this Ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6th DAY OF NOVEMBER, 2024. APPROVED: _____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 250 EXHIBIT “A” LEGAL DESCRIPTION 251 EXHIBIT “B” GENERAL PROVISIONS The property described in Exhibit A shall be subject to the Planned Development-29 regulations as stated in this Exhibit “B” and reflected on Exhibit “C”.The site layout representationsin Exhibit “C” are conceptual; minor aspects of the Exhibit “C” may be subject to change during the site plan review process, major or substantial changes may require Concept Plan amendment. A site plan review shall be in accordance with Section 10, Section 17, Section 21 and Section 24 of the Code of Ordinances. In conditions where the PD is silent the Gateway Overlay District standards shall be considered. DISTRICT REGULATIONS 1. Uses Permitted and Minimum Off-Street Parking Required. –Allowed land uses in PD-29 shall include only those uses listed below. All other uses are expressly prohibited unless an amendment to this Planned Development is sought and approved by City Council to allow such use. Table 1 Allowed Land Uses and Minimum Off-Street Parking Requirements Allowed Land Uses in PD-29 Minimum Off-Street Parking Requirements Uses allowed in General Retail (GR) zoning district*As required by The Colony Zoning Ordinance Amusement, commercial (inside)**1:200 GFA *Permitted uses within the GR zoning district are to be allowed, with the exception of the following prohibited uses: Electric energy generation plant, electric substation, farm or ranch. ** “Amusement, commercial (inside)” is further defined from The Colony Zoning Ordinance to include entertainment uses that also offer the sale of food, beverage, and alcohol for on- premises consumption. 2.Site Design Requirements - All design requirements shall include elements of the following and as conceptually reflected on Exhibit C: a. Connectivity between and within sites b. Building shall be oriented so as to limit negative impacts of the service areas from the neighboring properties c. Parking shall be designed with the intent to minimize potential negative impacts of large unbroken parking fields i. Parking shall not be located within landscape buffers ii.Designated and landscaped pedestrian pathways from the public sidewalk to the main entrance of the primary building. 252 iii.Parking shall be designed to mitigate headlight glare on to adjacent property iv.Parking lot lighting shall be designed to offer safe levels of lighting and prevent light pollution on to adjacent property 1.Low pressure sodium lighting and fixtures that case a similar yellow color are prohibited 2. All lighting fixtures shall be restricted to down-light or cut-off types. Standards, poles and fixture housings shall be of a single color and compatible with the architecture of the building. 3. Maximum luminary mounting height is 25 feet 3.Interior Landscaping Requirements – All interior landscaping shall be provided as follows, and as conceptually reflected on Exhibit C : a. Interior landscaped areas shall include all outside plantable ground surfaces including buffers, parking lot landscaping, and other landscaped areas. It will not include areas inside buildings or any paved or hard surfaced areas such as walks, drives, parking areas, patios, building entry, plazas and hard surfaced recreation areas. All landscaped areas shall be planted with trees, shrubs, turf, other living ground cover and/or limited hardscape materials. Artificial turf is not allowed in these areas. b. Ten percent of the gross vehicular use area shall be devoted to living landscape which includes turf, groundcover, plants, shrubs and trees. This is to be measured from the edge of the parking and/or driveway paving and sidewalks, and does not include perimeter buffers and shall require a minimum of one large canopy tree planted for each 400 square feet or fraction thereof. i. Interior areas of parking lots shall contain at least one large canopy tree and shall be located at the terminus of all parking rows. The remainder of the island space shall be landscaped with shrubs, ornamental grasses, turf and/or living groundcover not to exceed three feet in height. ii. Parking lot trees within landscape islands shall not be spaced greater than every 12 spaces, unless approved on the landscape plan to preserve existing trees and natural features or due to unique site conditions. 4.Perimeter Landscaping Requirements - Perimeter landscape shall be provided as follows and as conceptually reflected on Exhibit C: a. A perimeter buffer along Memorial Drive shall be 15 feet and contain at least one large canopy tree every 40 linear feet or fraction thereof and two ornamental trees every 50 linear feet of street frontage, exclusive of driveways. Trees may be grouped, clustered, or substituted to facilitate site design. Interior plantings may not be count toward buffer requirements. b. Portions of the Memorial Drive buffer may be reduced to 9 feet with a corresponding increase of tree buffer materials at 1.5x. Tree plantings may be placed throughout the site if conflicts exist, but does not count towards interior landscape requirements. 253 c. Perimeter buffers between adjacent properties shall be no less than five feet wide and contain at least one ornamental tree every 50 linear feet or fraction thereof and one canopy tree for every five ornamental trees. When adjacent to another commercial use. Trees may be grouped or clustered to facilitate site design and may be staggered where appropriate. Accessways between may be permitted through perimeter landscape areas. d. Screening of vehicular uses shall be screened with an evergreen hedge or durable landscape barrier, sporadic breaks in any hedge row many be approved to achieved unique designs. 5. Exterior Lighting – Exterior lighting shall be provided as follows and as conceptually reflected on Exhibit C: a. Site lighting shall be installed in accordance with the standards according to city ordinances b. photometric plan detailing areas and structures requiring illumination, lighting fixture styles, light sources and light levels shall be included as part of the site plan review i. All outside lights must be designed and installed so as not to produce a glare or direct illumination greater than one-half foot-candles when measured three feet in height at the bounding property lines. ii. Accent lighting, when provided, shall be installed in accordance with the standards set in the most recently adopted international energy conservation code. iii. Upwards and downwards lighting on the building, as well as LED façade materials are permitted subject to site plan review. 6.Signage – Signage shall meet the requirements of the City of The Colony’s Article XI. For any deviations requested from the code, an SBOA variance is to be submitted and reviewed separately. 7.Façade Materials and Treatment - Façade and Architectural requirements shall be provided as follows: a. For structures greater than 5,000 square feet in gross building area on the ground floor, no uninterrupted horizontal length of building façade shall exceed 275 linear feet. The uninterrupted horizontal length shall have a change in material that is divided vertically. b. When not facing another building on an interior side lot line, Blank, uninterrupted wall areas shall incorporate the use of landscaping to break up the monolithic appearance of such areas. Blank wall areas shall not exceed 50% of any building façade. c. Primary entrance shall be located along the side of the building facing SH 121. d. A minimum of 5% of the façade area shall include windows. e. Natural and/or earth tone colorsmust be utilized for minimum 40% of each building elevation. 254 f. Synthetic stucco (such as exterior finish and insulation system (EFIS)) may be utilized as an architectural accent material but is not to exceed 60% of the exterior surface of any building façade. g. Architectural metal products are permitted with a maximum coverage not to exceed 60%. h. When two wall materials are combined on any façade, the material shall be divided predominately horizontally. This ordinance permits complete deviation from the standard code requirement of the heavier material below the divide and covering the lower quarter (1/4) of the overall wall height. i. Long stretches of the same roof shall not exceed 250 linear feet. j. Building Overhangs shall not require columns or be taller than 25-feet from grade. 8.Service Area and Mechanical Equipment Screening – Roof-mounted mechanical units shall not have a restriction on the location, size, or height, and can be screened individually, by a parapet wall, or by another architectural building element. Roof-mounted mechanical units shall be screened from a viewpoint of 5.5 feet above the elevation of the adjacent right-of-way and or property line. The height of the screening element shall be sufficient to fully hide the mechanical unit from the viewpoint stated above. Screening-parapets exceeding 10’ in height are to be contained within the maximum building height listed in Table 2 – Bulk and Setback Standards for PD-29. At-grade service areas, such as loading zones, shall be screened with a 6-foot masonry wing-wall to prevent visibility of loading zone and doors from public right-of-way. At- grade drainage and detention areas can be protected with a 4-foot wrought iron fence. 9.Lot Bulk Standards – The following are minimum requirements for lot area, setbacks and bulk for the PD-29Zoning Districtbased on a gross building size of50,000 –60,000 square feet. Table 2 Bulk and Setback Standards for PD-29 Bulk Standard Requirement Front Setback – Facades facing SH 121 10 feet Side Setback – Facades facing east and west 10 feet Rear Setback – Facades facing Memorial Drive 40 feet Minimum Lot Size 1 acre Minimum Lot Width 100 feet Maximum Building Height 60 feet* Maximum Floor Area Ratio 3:1 Maximum Lot Coverage 75% *Building height is exclusive of number stories or internal mezzanines being provided. A mezzanine is defined as an intermediate floor in a building that is situated between the main 255 floor(s) and/or does not extend over the whole floorspace of a building. Parapets not exceeding 10’ in height to be excluded from the building height. 10.Live Music – Live Music contained within the building’s patio limits will be permissible during the hours of 12:00 PM – 4:00 PM on Saturdays and Sundays. Live music activities may not exceed 80 dB at a distance of 150 feet as measured from the property boundary. For outdoor events exceeding these parameters and taking place exterior to the building walls, JumpShot is to submit a Special Event Application to the City. The application should be submitted 30-90 days prior to the event, depending on the expected number of attendees specified on the application. 256 EXHIBIT “C” CONCEPTUAL SITE PLAN CONCEPTUAL LANDSCAPE PLAN ILLUSTRATIVE BUILDING RENDERINGS 257 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: [CONTINUED FROM 10/15/2024] Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow a laboratory with scientific testing and administrative office known as “Devansh Lab Werks,” located at 6600 Paige Road Suite 100 and Suite 111, within the Office 1 (O-1) Zoning District and Gateway Overlay District. (Williams) Suggested Action: please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations Attachments: SUP24-0003 CC staff report draft.doc Ordinance EXHIBITS (rev).pdf Ord.2024-xxxx Devansh Lab Werks.docx 258 1 CITY COUNCIL REPORT AGENDA DATE:October 15, 2024 DEPARTMENT:Planning Department SUBJECT: SUP24-0003: 6600 Paige Road, Suite 111 Devansh Lab Werks (Laboratory- Scientific Testing) Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow a laboratory with scientific testing and administrative office known as “Devansh Lab Werks,” located at 6600 Paige Road Suite 100 and Suite 111, within the Office 1 (O-1) Zoning District and Gateway Overlay District. OWNER/ENGINEER Owner:YODH Investors Inc. Irving, Texas Applicant:Sudhakar Kancharla The Colony, Texas EXISTING CONDITION OF PROPERTY The tenant space within Paige Plaza was previously developed as a church, known as “Horizons Church”, at 6600 Paige Rd, Suite 111. PROPOSED DEVELOPMENT The applicant requests Specific Use Permit (SUP) approval to allow the use of a proposed Laboratory with scientific testing within Paige Plaza. The proposed use will provide diagnostic testing services related to blood clinical chemistry and urine toxicology. The applicant intends to operate from Monday to Saturday between 9:00 a.m. until 6:00 p.m. PRIOR ACTION On October 8, 2024 the Planning and Zoning Commission recomended (5-0) to approve the request regarding the Specific Use Permit (SUP) of a laboratory with scientific testing known as “Devansh Lab Werks” at 6600 Paige Rd, Suite 111 (Paige Plaza). ADJACENT ZONING AND LAND USE North - Single-Family -4 (SF-4) – Subdivision Colony No. 11 South - Single-Family -4 (SF-4) – Subdivision Colony No. 8 East - Single-Family -4 (SF-4) – North Colony Church of Christ West -Single-Family -4 (SF-4) – Subdivision Colony No. 11 DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. ATTACHMENTS 1. Staff Analysis 4. Applicant Narrative 2. Location Map 5. Planning and Zoning Commision 3. Site Plan and floor plan minutes 259 2 ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site is located within the Office 1 (O-1) Zoning District. This establishment will be considered a Laboratory with scientific testing which requires a SUP in in the O-1 Zoning District. Specific Use Permit approval is intended to offer further evaluation of certain uses and appropriateness of the operation of those uses within the context of the surrounding area. The proposed laboratory with scientific testing will occupy the former Horizons Church, located in suite 111 at 6600 Paige Road. The applicant intends to operate from Monday to Saturday between 9:00 a.m. until 6:00 p.m. Devansh Lab Werks will occupy two suites in Paige Plaza. Suite 111 is 6,508 sq. ft. and will function as the laboratory where the clinical testing will take place and the related diagnostic technology will be located. Suite 100 is 1,160 sq. ft. and will operate as an office/administrative space, similar to existing uses within Paige Plaza. Uses within the Office 1 (O-1) Zoning District typically include general office spaces, medical clinics and shops with limitations. Nearby uses in the O-1 District include: existing businesses in Paige Plaza [Medical center, Dentist office, Tax services]. Specific Use Permit (SUP) Criteria In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a Specific Use Permit application using the following criteria: 1.Conformance with the City of The Colony’s Comprehensive Plan; The Future Land Use Map identifies this area as “Single Family Residential Neighborhoods” which includes single-family, detached homes on individual lots. Although the proposed land use is not in strict conformance with the Single Family Neighborhood recommendation of the comprehensive plan, it is proper to consider within the context of the Office-1 (O-1), and the anticipation that O-1 districts and O-1 district uses will be located in close proximity to residential areas. 2.Conformance with applicable regulations and standards established by the zoning regulations; With the approval of the SUP, the application will be in conformance with the Zoning Ordinance and the applicable single-family 4 zoning regulations being located in close proximity to residential areas. 3.Compatibility with existing or permitted uses on abutting sites, in terms of building height, build and scale, setbacks on open spaces, landscaping and site development, access and circulation features, architectural compatibility; The proposed Laboratory with scientific testing use is generally compatible with the existing and permitted uses on site. The surrounding area is primarily single family residential and the plaza is developed in accordance with the zoning regulations. 260 3 4.Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area; The site layout for the subject site has been reviewed and has been previously approved by the City, which meets traffic circulation and associated requirements. 5.Protection of persons and property from erosion, flood, or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts; The subject site was developed in accordance with the applicable regulations at the time of construction. 6.Location, lighting and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties; All existing lighting will remain as previously approved. All signage shall be reviewed in accordance with the Sign Ordinance. 7.Adequacy and convenience of off-street parking and loading facilities; The subject site meets the Zoning Ordinance requirements for off-street parking and no increase in off-street parking is anticipated. 8.Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity; Developments within Office 1 (O-1) Zoning District generally consist of office spaces and clinics. The proposed development of a Laboratory with scientific testing is compatible with the intended uses for Office 1 (O-1) Zoning District and permitted uses in the vicinity. 9.Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses in the same district and surrounding area No special conditions are being recommended by staff. The proposed use as requested is not anticipated to create any unfavorable impacts on nearby uses in the same district and surrounding area. 10.Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity. The proposed use is not anticipated to be detrimental to the public health, safety, or welfare. Infrastructure Improvements No specific public infrastructure improvements are planned for this area. Notification The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas 261 4 Morning News on September 25, 2024. In addition, the Zoning Ordinance requires notification of property owners located within 200 feet of the subject property. Public Hearing notices were mailed on September 25, 2024 to adjacent property owners. No comments either for or against the SUP were received as of printing of this packet. Development Review Committee Review The Development Review Committee (DRC) finds the SUP meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. 262 263 264 265 266 267 268 269 +1 (205) 994-8266 6600 Paige RD Suite 111, The Colony, TX 75056 info@devlabwerks.com www.devlabwerks.com 205-201-4797 234 Aquarius Drive, Suite 100,111, Homewood, AL 35209 To Planning Department From Devansh Lab Werks, 6600 Paige Rd, #111, The Colony, TX, 75056. Sub: Project Narrative: Special Use Permit for Clinical Diagnostics Laboratory Project Overview: This project seeks approval for a Special Use Permit (SUP) to establish and operate a Clinical Diagnostics Laboratory at 6600 Paige Rd, Suite 111, The Colony TX 75056. The laboratory will provide a comprehensive range of diagnostic services, including blood tests, molecular diagnostics, and other specialized analyses, contributing to the overall healthcare infrastructure of the community. In addition, we provide the Mobile Phlebotomy Services for blood collection and other diagnostic services to patients at their homes. This addition allows the facility to serve a wider range of patients, including those who are homebound, enhancing healthcare accessibility for the community. The proposed site is currently zoned as an Office District, allowing for a range of commercial and medical uses. However, under the current zoning regulations, a Clinical Diagnostics Laboratory requires a Special Use Permit (SUP). The request for this SUP is supported by the growing community demand for accessible, high-quality diagnostic services, which the laboratory will provide. The Mobile Phlebotomy Services align with the intended use by expanding the reach of medical services to meet the growing community demand for home-based diagnostics. The proposed laboratory complies with The Colony’s Comprehensive Plan, which emphasizes the need for healthcare facilities to serve the city’s expanding population. The plan highlights the importance of accessible healthcare services within commercial zones, and the laboratory’s location supports these objectives by offering essential services close to residential areas and other medical providers. The laboratory will fully adhere to all zoning regulations and standards established by the City of The Colony, including building codes, land use regulations, and environmental standards. No significant variances from the current development regulations are necessary, ensuring the facility fits the intended use and scale of the zoning district. The potential impact on neighbouring properties has been carefully considered, and the operations of the laboratory are expected to be comparable to those of other permitted medical or commercial uses, without causing excessive noise, traffic, or disturbances. The addition of Mobile Phlebotomy Services is not expected to generate excessive traffic or disturbances, as mobile services will operate offsite, traveling directly to patients’ homes. 270 +1 (205) 994-8266 6600 Paige RD Suite 111, The Colony, TX 75056 info@devlabwerks.com www.devlabwerks.com 205-201-4797 234 Aquarius Drive, Suite 100,111, Homewood, AL 35209 The Mobile Phlebotomy Services will be operated by employee own vehicles, each equipped with the necessary medical supplies and tools to perform blood draws and other specimen collections at patients’ residences. These vehicles will be staffed by trained, certified phlebotomists who adhere to all medical protocols to ensure safe and sterile procedures. All Phlebotomists will start their work based on patient appointments scheduled in advance through the laboratory’s centralized system. This service offers convenience to patients who cannot travel to the clinic and supports physicians who require timely diagnostic information for homebound patients. Operational Process: Appointment Scheduling: Patients or their healthcare providers schedule appointments via phone or an online platform. The scheduling system allows for efficient route planning to minimize travel times and ensure timely service. Preparation and Dispatch: Each phlebotomist is assigned appointments in advance and provided with all the necessary equipment so that their starting point for work is from their home itself. This allows them to go directly to their scheduled appointments without needing to check in at a physical office, streamlining the process and ensuring they have everything they need for the day. The vehicles are stocked with sterile supplies, including blood collection tubes, needles, gloves, and alcohol swabs, ensuring the highest standards of hygiene. On-site Procedure: Upon arrival at the patient’s home, the phlebotomist follows strict procedural guidelines, including the verification of patient identity, sterile techniques, and proper collection methods. Collected specimens are stored in temperature-controlled containers within the vehicle to maintain integrity until delivered to the laboratory for analysis. Specimen Delivery: At the end of each route, collected specimens are returned to the Clinical Diagnostics Laboratory for processing at staggered intervals throughout the day. Phlebotomists will not all drop off specimens at the same time, thus avoiding any potential traffic congestion around the laboratory. Each phlebotomist is assigned specific time slots during their routes for specimen delivery, ensuring that traffic is minimal, and the workflow remains smooth. Furthermore, some phlebotomists may hand over specimens to a designated courier service, which will transport the samples to the lab, further reducing the need for multiple vehicles to arrive at the laboratory simultaneously. The laboratory ensures that the specimens are properly stored and transported in temperature-controlled containers during transit, safeguarding their integrity. This staggered delivery system allows for efficient processing without overwhelming the lab staff or impacting surrounding traffic conditions. The samples are processed immediately to ensure accurate and timely results. Impact on Traffic and Neighbourhood: The addition of Mobile Phlebotomy Services is not expected to generate excessive traffic or disturbances. With a pre-scheduled appointment system, the service will operate smoothly without increasing local traffic congestion. The vehicles will spend minimal time at each site, reducing their presence in residential areas, and because all collection and testing are performed offsite, there is no risk of onsite contamination or disturbances. 271 +1 (205) 994-8266 6600 Paige RD Suite 111, The Colony, TX 75056 info@devlabwerks.com www.devlabwerks.com 205-201-4797 234 Aquarius Drive, Suite 100,111, Homewood, AL 35209 The Mobile Phlebotomy Services will significantly enhance the reach and impact of the Clinical Diagnostics Laboratory. These services are designed to meet the growing demand for accessible healthcare by providing at-home diagnostic support while adhering to strict protocols for medical waste handling and disposal. With robust operational systems and a commitment to patient safety, the laboratory and mobile services will ensure minimal impact on neighbouring properties while offering valuable healthcare services to the community. To minimize any possible effects on surrounding properties, the laboratory will implement advanced waste management and noise reduction protocols. As this project focuses on interior finishes, there will be no concerns related to erosion, flooding, noise, glare, air quality, dust, or Odors. Given that this is a testing laboratory, the facility will strictly adhere to environmental and safety regulations, including the proper handling and disposal of biohazardous materials. Emergency response protocols will be in place to manage any unforeseen incidents. Medical Waste Disposal Procedures: Given the nature of the services provided, the handling and disposal of medical waste are of critical importance. The laboratory and mobile services will strictly adhere to state and federal regulations regarding the handling of biohazardous materials. The following procedures will be in place: Segregation of Waste: All biohazardous waste, including used needles, gloves, and other contaminated materials, will be immediately placed into puncture-resistant, leak-proof containers (sharps containers for needles) within the lab and mobile units. Non-hazardous waste will be separated from biohazardous materials to prevent cross-contamination. On-site Containment: In the lab and mobile units, all biohazardous waste will be securely stored in designated areas to prevent exposure or accidental spills. Each vehicle will carry appropriate containment tools, such as sealed bags and containers, for the safe storage of waste during transit. Transportation and Disposal: At the end of the day, all medical waste collected from mobile phlebotomy services will be returned to the laboratory’s central facility for proper disposal. The laboratory will partner with a licensed medical waste disposal service that follows OSHA and EPA guidelines to transport and incinerate or treat the waste. This ensures that all waste is disposed of in a manner that minimizes environmental impact and adheres to regulatory standards. Compliance and Audits: Regular audits and staff training will be conducted to ensure that waste disposal protocols are being followed accurately. The laboratory will maintain records of waste disposal to comply with regulatory requirements and ensure accountability. The site development and operations have been carefully designed to complement nearby medical and commercial establishments, without introducing incompatible activities. The facility’s impact on surrounding districts will be minimal, with all city codes and regulations followed to mitigate any potential issues. 272 +1 (205) 994-8266 6600 Paige RD Suite 111, The Colony, TX 75056 info@devlabwerks.com www.devlabwerks.com 205-201-4797 234 Aquarius Drive, Suite 100,111, Homewood, AL 35209 The establishment of the Clinical Diagnostics Laboratory under the SUP will not pose a risk to public health, safety, or welfare. On the contrary, it will provide essential healthcare services that benefit the community. The design and operation of the laboratory are intended to be non-injurious to neighbouring properties and improvements, instead enhancing the overall quality of healthcare available in the area. Thank you, Devansh Lab Werks. 273 274 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024-_____ SPECIFIC USE PERMIT (SUP) – DEVANSH LAB WERKS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO ALLOW A LABORATORY WITH SCIENTIFIC TESTING, KNOWN AS DEVANSH LAB WERKSTO BE LOCATED AT 6600 PAIGE ROAD SUITE 100 AND 111, THE COLONY, TEXAS, CONTAINING A TOTAL AREA OF APPROXIMATELY 7,668 SQUARE FEET, AND IS WITHIN THE OFFICE 1 (O-1) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings, and afforded a full and fair hearing to all property owners generally, and to all persons interested, and is of the opinion and finds that Specific Use Permit No. SUP24-0003 should be approved to allow a laboratory with scientific testing, known as Devansh Lab Werks , to be located at 6600 Paige Road, Suite 100 and 111, The Colony, Texas 75056, and is within the Office 1 (O-1) Zoning District and the Gateway Overlay District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Specific Use Permit to allow a laboratory with scientific testing for Devansh Lab Werks, located at 6600 Paige Road, Suite 100 and 111, The Colony, Texas 75056, and is within the Office 1 (O-1) Zoning District and Gateway Overlay District. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or 275 2 uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF NOVEMBER 2024. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 276 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: James Whitt Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement for a Construction Manager at Risk with PCL Construction Inc. for the preconstruction services for the Stewart Creek WWTP Expansion Phase II B to 6.3 MGD project in an amount not to exceed $6,165,673.00. (Whitt). Suggested Action: The Wastewater Treatment Plant (WWTP) is currently at a 4.5 MGD capacity planned to expand to 6.3 MGD capacity. In January of this year, Carrollo Engineers were selected to perform the preliminary and final design and assist in selecting the Construction Manager at Risk (CMaR) for the project. The city is at the stage to select a CMaR and a thorough vetting process has been completed with multiple departments and Carrollo engineers involved. There have been numerous interviews and site visits with all of the respondents and negotiations with the top selection. After our evaluations it is recommended that the city work with PCL Construction for this project. PCL rated the highest of all respondents with the selection committee and after negotiations, was the most competitive offer financially as well. PCL has already had a positive impact on the project with some suggested actions and new sequencing ideas that will save the project time and money in construction costs. In addition, The city will be pre-funding some items that will be purchased for this project through the CMaR. This will allow the city to utilize all grant funding awarded in an efficient manner with respect to the timing of major equipment purchases. This will allow us to best take advantage of planning purchases for the least project interruption and at the most competitive pricing available. Attachments: 11-6-24 - WWTP - Financial_Summary - Phase 2b CMaR.pdf Council Slides SCWWTP Expansion 2B CMAR RFP Recommendation.pdf 00_72_25_General Conditions.pdf 00_73_25_Supplementary Conditions.pdf 00_43_15 - Proposal Bond - PCL - Submitted with RFP Response.pdf 00_61_10_Performance Bond Form.pdf 277 00_61_15_Payment Bond Form.pdf 00_61_12_Warranty Bond Form.pdf 00_52_35_Agreement_With_Grant_Balance.pdf Res. 2024-xxx PCL Construction Inc..docx 278 Wastewater Treatment Plant Phase 2b 4.5 to 6.3 MGD Outside Funding Breakdown CLFRF 1st Pymnt $5,505,556.00 CLFRF 2nd Pymnt $5,516,436.73 State Emgcy Grant $10,880.73 $11,032,873.46 $4,867,272.00 CMaR/Early Procurement $6,165,601.46 Total Preliminary Funding Phase 2b Engineering Phase 2b Outside Funding 279 1/16/2024 1 Troy Laman, P.E. / November 5, 2024 Expansion Phase 2B – Expansion From 4.5 to 6.3 mgd Stewart Creek Wastewater Treatment Plant Construction Manager-at-risk The City of The Colony up d a t e f o o t e r 0 3 2 3 . p p t x / 2 up d a t e f o o t e r 0 3 2 3 . p p t x / 2 Project Status Update DecNovOctSepAugJulJunMayAprMarFeb TASK 1 Preliminary Design TASK 2 30% Plans and Specifications TASK 3 CMAR Onboarding TASK 4 Cost Model and Value Engineering Approval for CMAR RFP Award CMAR Pre- Construction Fee Added a second workshop and additional data review Proposals Interview top 2 1 2 28 0 1/16/2024 2 up d a t e f o o t e r 0 3 2 3 . p p t x / 3 up d a t e f o o t e r 0 3 2 3 . p p t x / 3 Three proposals were received Fixed fee Applied to the construction cost up d a t e f o o t e r 0 3 2 3 . p p t x / 4 up d a t e f o o t e r 0 3 2 3 . p p t x / 4 Entered a negotiation with PCL resulting in the lowest fee structure 3 4 28 1 1/16/2024 3 up d a t e f o o t e r 0 3 2 3 . p p t x / 5 up d a t e f o o t e r 0 3 2 3 . p p t x / 5 CMAR fee is lower than comparable fees up d a t e f o o t e r 0 3 2 3 . p p t x / 6 up d a t e f o o t e r 0 3 2 3 . p p t x / 6 Recommend award to PCL •Pre-construction fee of $366,746 •Fee structure as negotiated •Encumber grant funding balance as an Owner contingency. »Early procurement »Early construction »Balance toward GMP construction cost 5 6 28 2 1/16/2024 4 C A R O L L O . C O M Thank you for your time! Questions? 7 28 3 Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. DOCUMENT 00_72_25 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION MANAGER AT RISK CONTRACT Prepared By Endorsed By 284 Copyright© 2023 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1400 L. Street, N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. The use of this document is governed by the terms of the License Agreement for the 2023 EJCDC® Construction Manager at Risk Series Documents. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. 285 General Conditions 00_72_25-i Project No. 202853 October 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) TABLE OF CONTENTS Page Article 1— Definitions and Terminology ..................................................................................... 1 1.01 Defined Terms ............................................................................................................. 1 1.02 Terminology ................................................................................................................. 7 Article 2— Preliminary Matters ................................................................................................... 9 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ......................... 9 2.02 Copies of Documents ................................................................................................... 9 2.03 Electronic Transmittals ................................................................................................. 9 2.04 Construction Management ..........................................................................................10 Article 3— Contract Documents: Intent, Requirements, Reuse .................................................10 3.01 Intent...........................................................................................................................10 3.02 Reference Standards ..................................................................................................11 3.03 Reporting and Resolving Discrepancies ......................................................................11 3.04 Interpretation of the Contract Documents ....................................................................12 3.05 Reuse of Documents ..................................................................................................12 Article 4— Commencement and Progress of the Work .............................................................12 4.01 Commencement of Contract Times; Notice to Proceed ...............................................12 4.02 Starting the Work ........................................................................................................13 4.03 Reference Points ........................................................................................................13 4.04 Progress Schedule......................................................................................................13 4.05 Delays in CMAR’s Progress ........................................................................................13 Article 5— Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions ....15 5.01 Availability of Lands ....................................................................................................15 5.02 Use of Site and Other Areas .......................................................................................15 5.03 Subsurface and Physical Conditions ...........................................................................16 5.04 Differing Subsurface or Physical Conditions................................................................17 5.05 Underground Facilities ................................................................................................19 5.06 Hazardous Environmental Conditions at Site ..............................................................21 Article 6— Bonds and Insurance ...............................................................................................23 6.01 Performance, Payment, and Other Bonds ...................................................................23 6.02 Insurance—General Provisions...................................................................................24 6.03 CMAR’s Insurance ......................................................................................................26 286 General Conditions 00_72_25-ii Project No. 202853 October 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 6.04 Builder’s Risk and Other Property Insurance...............................................................27 6.05 Property Losses; Subrogation .....................................................................................27 6.06 Receipt and Application of Property Insurance Proceeds ............................................28 Article 7— CMAR’s Responsibilities ..........................................................................................29 7.01 CMAR’s Means and Methods of Construction .............................................................29 7.02 Supervision and Superintendence ..............................................................................29 7.03 CMAR Services—Key Personnel and Subconsultants ................................................29 7.04 Quality of CMAR Services ...........................................................................................30 7.05 Continuation or Termination of CMAR Services ..........................................................30 7.06 Labor; Working Hours .................................................................................................30 7.07 Services, Materials, and Equipment ............................................................................31 7.08 “Or Equals” .................................................................................................................31 7.09 Substitutes ..................................................................................................................32 7.10 Concerning Subcontractors and Suppliers ..................................................................34 7.11 Patent Fees and Royalties ..........................................................................................36 7.12 Permits .......................................................................................................................37 7.13 Taxes ..........................................................................................................................37 7.14 Laws and Regulations .................................................................................................37 7.15 Record Documents .....................................................................................................38 7.16 Safety and Protection ..................................................................................................38 7.17 Hazard Communication Programs ..............................................................................39 7.18 Emergencies ...............................................................................................................39 7.19 Submittals ...................................................................................................................39 7.20 CMAR’s General Warranty and Guarantee .................................................................42 7.21 Indemnification ............................................................................................................43 7.22 Delegation of Professional Design Services ................................................................44 Article 8— Other Work at the Site .............................................................................................44 8.01 Other Work .................................................................................................................44 8.02 Coordination ...............................................................................................................45 8.03 Legal Relationships .....................................................................................................45 Article 9— Owner’s Responsibilities ..........................................................................................47 9.01 Communications to CMAR ..........................................................................................47 9.02 Replacement of Owner’s Advisor or Engineer .............................................................47 9.03 Furnish Data ...............................................................................................................47 9.04 Pay CMAR ..................................................................................................................47 287 General Conditions 00_72_25-iii Project No. 202853 October 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 9.05 Lands and Easements; Reports, Tests, and Drawings ................................................47 9.06 Insurance ....................................................................................................................47 9.07 Change Orders ...........................................................................................................47 9.08 Inspections, Tests, and Approvals ..............................................................................47 9.09 Owner’s Tasks in Support of CMAR Services .............................................................47 9.10 Limitations on Owner’s Responsibilities ......................................................................48 9.11 Undisclosed Hazardous Environmental Condition .......................................................48 9.12 Evidence of Financial Arrangements ...........................................................................48 9.13 Safety Programs .........................................................................................................48 Article 10— Status Of Owner’s Advisor and Engineer During Construction ...............................49 10.01 Owner’s Advisor ..........................................................................................................49 10.02 Visits to Site ................................................................................................................49 10.03 Determinations for Unit Price Work .............................................................................49 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work; Exercise of Authority ..............................................................................................................49 10.05 Limitations on Owner’s Advisor’s and Engineer’s Authority and Responsibilities .........50 10.06 Compliance with Safety Program ................................................................................50 Article 11— Changes to the Contract ........................................................................................51 11.01 Amending and Supplementing the Contract ................................................................51 11.02 Change Orders ...........................................................................................................51 11.03 Work Change Directives .............................................................................................52 11.04 Field Orders ................................................................................................................52 11.05 Owner-Authorized Changes in the Work .....................................................................52 11.06 Unauthorized Changes in the Work ............................................................................53 11.07 Change of Contract Price ............................................................................................53 11.08 Change of Contract Times ..........................................................................................53 11.09 Change Proposals ......................................................................................................53 11.10 Notification to Surety ...................................................................................................55 Article 12— Claims ...................................................................................................................55 12.01 Claims .........................................................................................................................55 Article 13— Allowances; Unit Price Work ..................................................................................56 13.01 Allowances .................................................................................................................56 13.02 Unit Price Work ...........................................................................................................57 Article 14— Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .....58 14.01 Access to Work ...........................................................................................................58 288 General Conditions 00_72_25-iv Project No. 202853 October 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 14.02 Tests, Inspections, and Approvals ..............................................................................58 14.03 Defective Work ...........................................................................................................59 14.04 Acceptance of Defective Work ....................................................................................59 14.05 Uncovering Work ........................................................................................................59 14.06 Owner May Stop the Work ..........................................................................................60 14.07 Owner May Correct Defective Work ............................................................................60 Article 15— Payments to CMAR; Set-Offs; Completion; Correction Period ...............................61 15.01 Payment for CMAR Services ......................................................................................61 15.02 Progress Payments .....................................................................................................61 15.03 CMAR’s Warranty of Title ............................................................................................64 15.04 Substantial Completion ...............................................................................................65 15.05 Partial Use or Occupancy ...........................................................................................66 15.06 Final Inspection ...........................................................................................................67 15.07 Final Payment .............................................................................................................67 15.08 Waiver of Claims .........................................................................................................68 15.09 Correction Period ........................................................................................................68 Article 16— Suspension and Termination .................................................................................70 16.01 Owner May Suspend CMAR Services or Work ...........................................................70 16.02 Owner May Terminate for Cause ................................................................................70 16.03 Owner May Terminate for Convenience ......................................................................71 16.04 CMAR May Stop Work or Terminate ...........................................................................71 Article 17— Final Resolution of Disputes ..................................................................................72 17.01 Methods and Procedures ............................................................................................72 Article 18— Miscellaneous ........................................................................................................72 18.01 Giving Notice ..............................................................................................................72 18.02 Computation of Times .................................................................................................72 18.03 Cumulative Remedies .................................................................................................73 18.04 Limitation of Damages ................................................................................................73 18.05 No Waiver ...................................................................................................................73 18.06 Survival of Obligations ................................................................................................73 18.07 Controlling Law ...........................................................................................................73 18.08 Assignment of Contract ...............................................................................................73 18.09 Successors and Assigns .............................................................................................73 18.10 Headings ....................................................................................................................74 289 General Conditions 00_72_25-1 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION MANAGER AT RISK CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Proposal Documents or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and Paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the receipt of Proposals by the Owner which clarify, correct, or change the Proposal Documents or the proposed Contract Documents. 2. Agreement—The written instrument, including its attached exhibits, executed by Owner and Construction Manager at Risk, that sets forth the Contract Price and Contract Times, identifies the Owner, Construction Manager at Risk, Owner’s Advisor, and Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The document prepared by Construction Manager at Risk, in a form acceptable to Owner’s Advisor, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Change Order—A document which is signed by Construction Manager at Risk and Owner after the Effective Date of a governing Work Authorization and authorizes an addition, deletion, or revision in the authorized Work, an adjustment in the applicable incremental Guaranteed Maximum Price or Contract Times, or other revision to such Work Authorization. 5. Change Proposal—A written request by Construction Manager at Risk, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Guaranteed Maximum Price or Contract Times; contesting a decision by Owner’s Advisor, in consultation with Engineer, concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 6. Claim a. A demand or assertion by Owner directly to Construction Manager at Risk, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting a decision rendered by Owner’s Advisor, in consultation with Engineer, concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents, or regarding a Change Proposal; or seeking other relief with respect to the terms of the Contract. b. A demand or assertion by Construction Manager at Risk directly to Owner, duly submitted in compliance with the procedural requirements set forth 290 General Conditions 00_72_25-2 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) herein, contesting Owner’s Advisor’s decision, made in consultation with Engineer, regarding a Change Proposal. c. A demand or assertion by Owner or Construction Manager at Risk, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.3, concerning disputes arising after Owner’s Advisor has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 7. CMAR Contingency Allowance—An allowance used to reimburse CMAR for costs due to unforeseen causes, unintentional errors, or events which cannot specifically be anticipated at the time Work Authorizations are issued, as set forth in the Agreement, Article 8. 8. CMAR Fee—The component of the Guaranteed Maximum Price that supplements the CMAR’s compensation for the Cost of the Work, consisting of either a fixed fee (a stipulated price or lump sum amount) or a percentage of the Cost of the Work, as set forth in the Agreement. 9. CMAR Services—Those specific planning, organizational, and advisory services to be performed or furnished by CMAR, consisting collectively of Preconstruction Services, Procurement Services, and any other services authorized by Owner’s Advisor and expressly identified in such authorization as CMAR Services. CMAR Services are not part of the Work. 10. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 11. Construction Manager at Risk (CMAR)—The entity that has entered into the Contract with Owner. Under the Contract the CMAR will provide CMAR Services and construct the Work set out in the Drawings and Specifications, as duly authorized, using the Construction Manager at Risk project delivery method. 12. Construction Period—The period from the commencement of Work on the first Work Authorization until Substantial Completion of the Work. This is the number of days for which Construction Support Costs will be compensated. 13. Construction Support Costs—See Agreement, Article 5. 14. Contract—The entire and integrated written agreement between Owner and Construction Manager at Risk concerning the CMAR Services and the Work. 15. Contract Amendment—A document signed by Owner and Construction Manager at Risk which modifies the terms and conditions of the Contract, including but not limited to modifications of the time or compensation provisions of the Agreement and the scope of CMAR Services. A Contract Amendment is not used to make changes in the Work or to a Work Authorization, such changes properly being made in a Change Order or supplemental Work Authorization. 16. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 291 General Conditions 00_72_25-3 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 17. Contract Price—The money that Owner has agreed to pay Construction Manager at Risk for performance and completion of the CMAR Services and the Work, in accordance with the Contract Documents. The Contract Price may be subdivided into component parts based on authorized CMAR Services and Work Authorizations. The Contract Price includes the CMAR’s compensation for CMAR Services, Construction Support Costs, Cost of the Work, the CMAR Fee, CMAR Contingency Allowances, and the Owner’s Contingency Allowance. 18. Contract Times—The number of days or the dates by which Construction Manager at Risk shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work and all required services. The Contract Times may be subdivided into component parts based on Work Authorizations and authorized CMAR Services. 19. Contractor—The term “Contractor,” if used in the Contract, means Construction Manager at Risk. 20. Cost of the Work—The sum of eligible costs incurred by CMAR for the performance of the Work, as allowed by the Cost of the Work provisions set forth in the Agreement. Cost of the Work as a defined term does not include Construction Support Costs. 21. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Construction Manager at Risk. 22. Effective Date of the Contract—The date indicated in the Agreement, on which the Contract becomes effective. 23. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 24. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 25. Engineer—The individual or entity that has primary responsibility for preparing or furnishing the Drawings and Specifications and is named as Engineer in the Agreement. 26. Estimated Cost of the Work—An estimate of the Cost of the Work prepared by the Owner for use (a) during the CMAR selection process in evaluating Proposals submitted in response to the Request for Proposals and (b) during the early stages of the Contract in calculating an Estimated Guaranteed Maximum Price until the design has progressed to the point where Owner and CMAR can mutually agree upon a Guaranteed Maximum Price. 27. Estimated Guaranteed Maximum Price—A preliminary Guaranteed Maximum Price calculated on the basis of the Estimated Cost of the Work. This is a non- 292 General Conditions 00_72_25-4 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) binding price used on an interim basis for comparison or estimation of Owner’s Construction Budget until the design has progressed to the point that a Guaranteed Maximum Price for the Work is established, or a Guaranteed Maximum Price for a portion of the Work is established by issuance of a Work Authorization by the Owner’s Advisor. 28. Field Order—A written order issued by Owner’s Advisor which requires minor changes in the Work but does not change the Guaranteed Maximum Price or the Contract Times. 29. Final Completion—The point at which the Work is complete in accordance with the Contract Documents, items and documents required by the Contract Documents have been accepted by the Owner, all required services have been completed, and the Contract is ready for final payment. 30. Guaranteed Maximum Price (GMP)—The maximum amount to be paid by Owner to CMAR for the sum of the Construction Support Costs, plus Cost of the Work, plus the CMAR Fee, all as set forth in the Agreement. 31. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 32. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 33. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 34. Milestone—A principal event in the performance of the Work that the Contract requires Construction Manager at Risk to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 35. Notice of Award—The written notice by Owner stating that Owner will enter into the Construction Manager at Risk contract with the selected Construction Manager at Risk. 36. Owner—The entity with which Construction Manager at Risk has contracted regarding the CMAR Services and the Work, and which has agreed to pay Construction Manager at Risk for the performance of the CMAR Services and the Work, pursuant to the terms of the Contract. 293 General Conditions 00_72_25-5 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 37. Owner’s Advisor (OA)—The individual or entity named as Owner’s Advisor in the Agreement. The Owner’s Advisor provides services to the Owner, as an advisor and representative. 38. Owner’s Construction Budget (Budget)—The amount budgeted by the Owner to pay CMAR to perform and complete the Work in accordance with the Contract Documents. This amount includes compensation for Cost of the Work, the CMAR Fee, and Construction Support Costs, but does not include compensation for CMAR Services. 39. Owner’s Project Team (OPT)—As used in this Contract, refers to Owner, Owner’s Advisor and Engineer, collectively. 40. Preconstruction Services—Those planning, management, and support services to be performed or furnished by CMAR as set forth in the Scope of CMAR Preconstruction Services Exhibit to the Agreement. Preconstruction Services are separate and distinct from Procurement Services, and from the performance of the Work itself, and are a component of CMAR Services. 41. Preconstruction Services Price—The total amount to be paid to CMAR for the Preconstruction Services described in the Scope of CMAR Preconstruction Services Exhibit to the Agreement. 42. Procurement Services—Those services relating to assembling Work Packages and procurement of construction Subcontractors, Suppliers, and materials and equipment, to be performed or furnished by CMAR as set forth in the procurement-related provisions of the Scope of CMAR Services Exhibit to the Agreement. Procurement Services are separate and distinct from Preconstruction Services, and from the performance of the Work itself, and are a component of CMAR Services. 43. Procurement Services Price—The total amount to be paid to CMAR for providing the Procurement Services described in the Scope of CMAR Procurement Services Exhibit to the Agreement. 44. Progress Schedule—A schedule, prepared and maintained by Construction Manager at Risk, describing the sequence and duration of the activities comprising Construction Manager at Risk’s plan to accomplish the Work within the Contract Times. 45. Project—The total undertaking to be accomplished for Owner by construction managers, engineers, contractors, advisors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the CMAR Services and the Work to be performed under the Contract are a part. 46. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 47. Schedule of Submittals—A schedule, prepared and maintained by Construction Manager at Risk, of required Submittals and the time requirements for review of the Submittals. 48. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Construction Manager at Risk and submitted by Construction Manager at Risk to illustrate 294 General Conditions 00_72_25-6 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 49. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Construction Manager at Risk. 50. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 51. Subcontractor—An individual or entity having a direct contract with Construction Manager at Risk or with any other Subcontractor for the performance of a part of the Work. 52. Submittal—A written or graphic document, prepared by or for Construction Manager at Risk, which the Contract Documents require Construction Manager at Risk to submit to Owner’s Advisor, or that is indicated as a Submittal in the Schedule of Submittals accepted by Owner’s Advisor. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether approved or accepted by Owner’s Advisor or Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 53. Substantial Completion—The time at which the Work, or a specified part thereof, has progressed to the point where, the Work, or the specified part thereof, is sufficiently complete, in accordance with the Contract Documents, so that the Work, or the specified part thereof, can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work. 54. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 55. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Construction Manager at Risk or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Construction Manager at Risk or a Subcontractor. 56. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures, except Underground Facilities, or (2) Hazardous Environmental Conditions at the Site. 295 General Conditions 00_72_25-7 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Construction Manager at Risk. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated in the Drawings. 57. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 58. Unit Price Work—Work to be paid for based on unit prices. 59. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 60. Work Authorization—A document issued by Owner’s Advisor and signed by Owner and CMAR which identifies and defines new Work Packages and establishes the amount to be paid, times for completion, and any special or supplementary provisions applicable to the authorized Work. 61. Work Package–A specific portion of the Work developed by Engineer and Owner’s Advisor in collaboration with the CMAR and subsequently authorized by a Work Authorization. 62. Work Change Directive—A written directive issued by Owner’s Advisor to Construction Manager at Risk on or after the Effective Date of a governing Work Authorization, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Proposal Documents or Contract Documents, have the indicated meaning. 296 General Conditions 00_72_25-8 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) B. Intent of Certain Terms or Adjectives–The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Owner’s Advisor or Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Owner’s Advisor or Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective is not intended to and will not be effective to assign to Owner’s Advisor or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day–The word “day” means a period of 24 hours measured from midnight to the next midnight. D. Defective–The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to Owner’s Advisor’s recommendation of final payment unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.04 or Paragraph 15.05. E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site, or some other specified location ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for their intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for their intended use. 4. If the Contract Documents establish an obligation of CMAR with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then CMAR shall furnish and install said services, materials, or equipment complete and ready for their intended use. F. Contract Price or Contract Times–References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed. 297 General Conditions 00_72_25-9 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds–When CMAR delivers the signed counterparts of a Work Authorization to Owner, CMAR shall also deliver to Owner the performance bond and payment bond, if the Contract requires CMAR to furnish such bonds, or confirm that existing performance and payment bonds have been supplemented to account for the additional authorized Work. B. Evidence of CMAR’s Insurance–When CMAR delivers the signed counterparts of the Agreement to Owner, CMAR shall also deliver to Owner, with copies to each additional insured, as identified in the Contract, the certificates, endorsements, and other evidence of insurance required to be provided by CMAR in accordance with Article 6, except to the extent the Supplementary Conditions or Agreement expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner’s Insurance–After receipt of the signed counterparts of the Agreement and all required insurance documentation, Owner shall promptly deliver to CMAR, with copies to each additional insured, as identified in the Contract, the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to CMAR four printed copies of the Contract, including one fully signed counterpart of the Agreement, and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to CMAR for review. Owner may delegate the responsibilities under this provision to Owner’s Advisor. 2.03 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Owner’s Advisor, Engineer, and CMAR may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Owner’s Advisor, and CMAR shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long-term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. 298 General Conditions 00_72_25-10 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 2.04 Construction Management A. In addition to providing CMAR Services, during the course of the Contract, and especially during the performance of the Work, CMAR will: 1. Organize and manage the resources required for construction of the Work, commissioning, and correction of defective Work after Substantial Completion of the Work. 2. Administer, coordinate, monitor, and report on construction progress and associated activities. 3. Assist the Owner’s Advisor in collecting, disseminating, and storing documents and information. 4. Manage the Work to meet Contract goals and objectives. 5. Recommend action to the Owner related to the management of the Work. 6. Develop schedule and cost control systems to monitor and report on the progress of the overall Contract. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project, or part thereof, to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents, including any printed copies derived from such electronic versions, and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Owner’s Advisor, in consultation with Engineer, will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and CMAR, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner, Owner’s Advisor, or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner, Owner’s Advisor, or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other 299 General Conditions 00_72_25-11 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of receipt of Proposals, except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, CMAR, Owner’s Advisor, or Engineer from those set forth in the Contract Documents. No such provision or instruction will be effective to assign to Owner, Owner’s Advisor, or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. CMAR’s Verification of Figures and Field Measurements–Before undertaking each part of the Work, CMAR shall carefully study the applicable Drawings and Specifications, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. CMAR shall promptly report in writing to Owner’s Advisor any conflict, error, ambiguity, or discrepancy that CMAR discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Owner’s Advisor, in consultation with Engineer, and, if appropriate, an amendment or supplement to the Contract is issued by Owner’s Advisor pursuant to Paragraph 11.01. 2. CMAR’s Review of Drawings and Specifications–If, while performing or providing CMAR Services, or during the performance of the Work, CMAR discovers any conflict, error, ambiguity, or discrepancy within the Drawings and Specifications, whether in draft or final form, or between such documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then CMAR shall promptly report it to Owner’s Advisor in writing. CMAR shall not proceed with the Work affected thereby, except in an emergency as required by Paragraph 7.18, until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Owner’s Advisor, in consultation with Engineer, and, if appropriate, an amendment or supplement to the Contract is issued by Owner’s Advisor pursuant to Paragraph 11.01. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Drawings and Specifications take precedence in resolving any 300 General Conditions 00_72_25-12 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) conflict, error, ambiguity, or discrepancy between such provisions of the Drawings and Specifications and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier, whether or not specifically incorporated by reference as a Contract Document; or b. the provisions of any Laws or Regulations applicable to the performance of the Work, unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation. 3.04 Interpretation of the Contract Documents A. During the performance of the Work and until final payment, CMAR and Owner shall submit to the Owner’s Advisor in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation) or relating to the performance or acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. B. Owner’s Advisor will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, and if appropriate initiate a change to the Contract Documents. In determining its response, Owner’s Advisor will consider CMAR’s prior involvement and obligations with respect to reviewing and commenting on draft design documents during CMAR’s provision of CMAR Services. Owner’s Advisor’s written clarification, interpretation, or decision (1) will be based, when applicable, on consultation with Engineer, and (2) will be final and binding on CMAR, unless CMAR appeals by submitting a Change Proposal, and on Owner, unless Owner appeals by filing a Claim. 3.05 Reuse of Documents A. CMAR and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents, or copies of any thereof, prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes CMAR from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the Effective Date of the Contract, or as specified in Work Authorizations. 301 General Conditions 00_72_25-13 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 4.02 Starting the Work A. CMAR shall start to perform the Work promptly upon receipt of the first Work Authorization. No Work may be done at the Site prior to such authorization. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction. CMAR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. CMAR shall report to Owner’s Advisor whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and CMAR shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. CMAR shall adhere to the Progress Schedule established as part of Preconstruction Services, as it may be adjusted from time to time as provided below. 1. CMAR shall submit to Owner’s Advisor for its information proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. CMAR shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and CMAR may otherwise agree in writing. 4.05 Delays in CMAR’s Progress A. If Owner, Owner’s Advisor, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then CMAR shall be entitled to an equitable adjustment in Guaranteed Maximum Price or Contract Times. B. CMAR shall not be entitled to an adjustment in Guaranteed Maximum Price or Contract Times for delay, disruption, or interference caused by or within the control of CMAR. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier will be deemed to be within the control of CMAR. C. If CMAR’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, CMAR, and those for which they are responsible, then CMAR shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be CMAR’s sole and exclusive remedy for the delays, disruption, and interference described in this Paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this Paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 302 General Conditions 00_72_25-14 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 3. Acts or failures to act of third-party utility owners or other third-party entities, other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8; and 4. Acts of war or terrorism. D. CMAR’s entitlement to an adjustment of Contract Times or Guaranteed Maximum Price is limited as follows: 1. CMAR’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. CMAR shall not be entitled to an adjustment in Guaranteed Maximum Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of CMAR. Such a concurrent delay by CMAR shall not preclude an adjustment of Contract Times to which CMAR is otherwise entitled. 3. Adjustments of Contract Times or Guaranteed Maximum Price are subject to the provisions of Article 11. E. Each CMAR request or Change Proposal seeking an increase in Contract Times or Guaranteed Maximum Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Times claimed because of each such cause of delay, disruption, or interference; and 5. The impact on Guaranteed Maximum Price, in accordance with the provisions of Paragraph 11.07. CMAR shall also furnish such additional supporting documentation as Owner or Owner’s Advisor may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. 303 General Conditions 00_72_25-15 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify CMAR in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CMAR must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish CMAR with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. CMAR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CMAR shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that CMAR has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. CMAR shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for CMAR’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the CMAR or those for which CMAR is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the CMAR or those for which CMAR is responsible, CMAR shall (a) take immediate corrective or remedial action as required by Paragraph 7.18, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages, including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Owner’s Advisor, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, 304 General Conditions 00_72_25-16 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) CMAR’s performance of the Work, or because of other actions or conduct of the CMAR or those for which CMAR is responsible. B. Removal of Debris During Performance of the Work–During the progress of the Work the CMAR shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning—Prior to Substantial Completion of the Work CMAR shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work CMAR shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures—CMAR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CMAR subject any part of the Work or adjacent structures or land to stresses or pressures that could damage said structures or decrease their durability. 5.03 Subsurface and Physical Conditions A. Reports and Drawings—The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site, except Underground Facilities, that contain Technical Data; and 3. Technical Data described in such reports and drawings. B. Underground Facilities—Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by CMAR on Technical Data—CMAR may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then CMAR may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.55.b. D. Limitations of Other Data and Documents—Except for such reliance on Technical Data, CMAR may not rely upon or make any claim against Owner, Owner’s Advisor, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for CMAR’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 305 General Conditions 00_72_25-17 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 3. the contents of other Site-related documents made available to CMAR, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or 4. any CMAR interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. E. Confirmation of Site Conditions—As a part of Preconstruction Services CMAR will inform Owner if CMAR concludes that additional examination, investigation, exploration, testing, or study (Supplemental Investigations) of subsurface or physical conditions at the Site prior to commencement of construction would be advantageous, practical, and cost-effective, specifically identifying the nature and scope of any such recommended Supplemental Investigations. If Owner authorizes CMAR to conduct such Supplemental Investigations, through CMAR’s own personnel or through a qualified consultant, or if Owner conducts such Supplemental Investigations, through Owner’s Advisor, the Engineer, or a consultant, then CMAR will be entitled to rely on the results of the Supplemental Investigations, together with the Technical Data cited above, in planning and pricing construction at the Site. F. If Owner does not authorize any Supplemental Investigations of Site conditions, then CMAR will proceed with planning and pricing construction based on the Technical Data made available to it. G. CMAR will be bound by any additional knowledge regarding Site conditions that CMAR gains while providing Preconstruction services. 5.04 Differing Subsurface or Physical Conditions A. Notice by CMAR–If CMAR believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data or Supplemental Investigations results on which CMAR is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CMAR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith, except in an emergency as required by Paragraph 7.18, notify Owner’s Advisor in writing about such condition. CMAR shall not further disturb such condition or perform any Work in connection therewith, except with respect to an emergency, until receipt of a written statement permitting CMAR to do so. B. Owner’s Advisor’s Review–After receipt of written notice as required by the preceding paragraph, Owner’s Advisor, in consultation with Engineer, will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from CMAR; prepare recommendations to Owner regarding the CMAR’s resumption 306 General Conditions 00_72_25-18 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Owner’s Advisor’s findings, conclusions, and recommendations. C. Owner’s Statement to CMAR Regarding Site Condition–After receipt of Owner’s response and instructions regarding Owner’s Advisor’s written findings, conclusions, and recommendations, Owner’s Advisor will issue a written statement to CMAR regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and informing CMAR of Owner’s Advisor’s written findings, conclusions, and recommendations, as revised based on Owner’s response and instructions. D. Early Resumption of Work–If at any time Owner’s Advisor, in consultation with Engineer, determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Owner’s Advisor’s review or Owner’s Advisor’s issuance of its statement to CMAR, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then Owner’s Advisor may instruct CMAR to resume such Work. E. Possible Price and Times Adjustments 1. CMAR shall be entitled to an equitable adjustment in Guaranteed Maximum Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in CMAR’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. With respect to Work that is paid for on a unit price basis, any adjustment in Guaranteed Maximum Price will be subject to the provisions of Paragraph 13.02; and c. CMAR’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. CMAR shall not be entitled to any adjustment in the Guaranteed Maximum Price or Contract Times with respect to a subsurface or physical condition if: a. CMAR knew of the existence of such condition at the time CMAR made a commitment to Owner with respect to Guaranteed Maximum Price and Contract Times through a Work Authorization; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Proposal Documents or Contract Documents to be conducted by or for CMAR prior to CMAR’s making such commitment; c. The existence of such condition reasonably could have been discovered or revealed as a result of practical and cost-effective Supplemental Investigations, as defined in Paragraph 5.03.E, but CMAR did not recommend any such Supplemental Investigations to Owner; or d. CMAR failed to give the written notice required by Paragraph 5.04.A. 307 General Conditions 00_72_25-19 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 3. If Owner and CMAR agree regarding CMAR’s entitlement to and the amount or extent of any adjustment in the Guaranteed Maximum Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. CMAR may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Guaranteed Maximum Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to CMAR regarding the subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions–Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. CMAR’s Responsibilities–Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all the following is included in the Guaranteed Maximum Price, and CMAR shall have full responsibility for: 1. collaborating with Engineer during the design phase, as part of Preconstruction Services, to improve the accuracy and completeness of information regarding Underground Facilities that Engineer gathers and depicts in the final Contract Documents; 2. complying with applicable state and local utility damage prevention Laws and Regulations; 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities prior to construction; 4. coordination of the Work with the owners, including Owner, of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site and repairing any damage thereto resulting from the Work. B. Notice by CMAR–If CMAR believes that an Underground Facility that is uncovered or revealed at the Site during construction was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then CMAR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith, except in an emergency as required by Paragraph 7.18, notify Owner and Owner’s Advisor in writing regarding such Underground Facility. C. Owner’s Advisor’s Review 1. Owner’s Advisor will: a. promptly review the Underground Facility in consultation with Engineer, and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; b. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner, and if necessary, issue any preliminary 308 General Conditions 00_72_25-20 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) instructions to CMAR regarding the CMAR’s resumption of Work in connection with the Underground Facility in question; c. obtain any pertinent cost or schedule information from CMAR; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and d. advise Owner and Engineer in writing of Owner’s Advisor’s findings, conclusions, and recommendations. During such time, CMAR shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Advisor’s Statement to CMAR Regarding Underground Facility–After receipt of Owner’s response to and recommendations regarding Owner’s Advisor’s written findings, conclusions, and recommendations, Owner’s Advisor will issue a written statement to CMAR regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and informing CMAR of Owner’s Advisor’s written findings, conclusions, and recommendations, as revised based on Owner’s response and instructions. E. Early Resumption of Work–If at any time Owner’s Advisor, in consultation with Engineer, determines that Work in connection with the Underground Facility may resume prior to completion of Owner’s Advisor’s review or Owner’s Advisor’s issuance of its statement to CMAR, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then Owner’s Advisor may instruct CMAR to resume such Work. F. Possible Price and Times Adjustments 1. CMAR shall be entitled to an equitable adjustment in the Guaranteed Maximum Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in CMAR’s cost of, or time required for, performance of the Work; subject, however, to the following: a. With respect to Work that is paid for on a unit price basis, any adjustment in Guaranteed Maximum Price will be subject to the provisions of Paragraph 13.02; b. CMAR’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. CMAR gave the notice required in Paragraph 5.05.B. 2. If Owner and CMAR agree regarding CMAR’s entitlement to and the amount or extent of any adjustment in the Guaranteed Maximum Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. CMAR may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Guaranteed Maximum Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to CMAR regarding the Underground Facility in question. 309 General Conditions 00_72_25-21 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE Manual 38, Standard Guideline for Investigating and Documenting Existing Utilities, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, CMAR’s remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings–The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data described in such reports and drawings. B. Reliance by CMAR on Technical Data Authorized–CMAR may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then CMAR may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.55.b. Except for such reliance on Technical Data, CMAR may not rely upon or make any claim against Owner, Owner’s Advisor, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for CMAR’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. C. CMAR shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. CMAR shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by CMAR, Subcontractors, Suppliers, or anyone else for whom CMAR is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If CMAR encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if CMAR or anyone for whom CMAR is responsible creates a Hazardous Environmental Condition, then CMAR shall 310 General Conditions 00_72_25-22 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby, except in an emergency as required by Paragraph 7.18; and (3) notify Owner, Owner’s Advisor, and Engineer, and promptly thereafter confirm such notice in writing. Owner shall promptly consult with Owner’s Advisor and Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Owner’s Advisor and Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide CMAR with the written notice required by Paragraph 5.06.E. If CMAR or anyone for whom CMAR is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to account for the associated costs. F. CMAR shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to CMAR either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and CMAR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Guaranteed Maximum Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by CMAR, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, CMAR may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice, CMAR does not agree to resume such Work based on a reasonable belief it is unsafe or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless CMAR, Subcontractors, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs, arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by CMAR or by anyone for whom CMAR is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. 311 General Conditions 00_72_25-23 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) J. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by CMAR or by anyone for whom CMAR is responsible, or to a Hazardous Environmental Condition created by CMAR or by anyone for whom CMAR is responsible. Nothing in this Paragraph 5.06.J obligates CMAR to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. No later than the execution of the first Work Authorization the CMAR shall furnish a performance bond and a payment bond, each in an amount at least equal to the Guaranteed Maximum Price, as security for the faithful performance and payment of CMAR’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment on the Contract becomes due or until completion of the correction period for the Contract specified in Paragraph 15.09, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. The premium costs of such bonds are: 1. included in Construction Support Cost if purchased for the Work based on the Estimated Guaranteed Maximum Price established with the Agreement; or 2. a reimbursable Cost of the Work if the bonds are purchased with the first Work Authorization and increased as subsequent Work Authorizations are approved. B. CMAR shall also furnish such other bonds, if any, as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Contract Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570, as amended and supplemented by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. CMAR shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. 312 General Conditions 00_72_25-24 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) E. If the surety on a bond furnished by CMAR is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then CMAR shall promptly notify Owner and Owner’s Advisor in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If CMAR has failed to obtain a required bond, Owner may exclude the CMAR from the Site and exercise Owner’s termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to CMAR from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, CMAR shall provide a copy of the payment bond to such person or entity. I. Performance Bonds required of certain Subcontractors and Suppliers—see Paragraph 7.10.O. 6.02 Insurance—General Provisions A. Owner and CMAR shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or CMAR shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract must have an A.M. Best Financial Strength Rating of A- or better, and an A.M. Best Financial Size Category of VII or larger. C. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not adequate to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. CMAR shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that CMAR has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, CMAR shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions, if allowed, and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subcontractors or Suppliers. In any documentation furnished under this provision, CMAR, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to CMAR, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract, if any. Upon request by CMAR or any other insured, Owner shall also 313 General Conditions 00_72_25-25 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) provide other evidence of such required insurance, if any, including but not limited to copies of policies, documentation of applicable self-insured retentions, if allowed, and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or CMAR to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or CMAR to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain, and maintain such insurance. G. In addition to the liability insurance required to be provided by CMAR, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by CMAR, and CMAR cannot rely upon Owner’s liability policies for any of CMAR’s obligations to the Owner, Owner’s Advisor, Engineer, or third parties. H. CMAR shall require: 1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner, Owner’s Advisor and Engineer, and any other individuals or entities identified in the Supplementary Conditions as additional insureds on CMAR’s liability policies, on each Subcontractor’s commercial general liability policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any cancellation of the required coverage. J. If CMAR has failed to obtain and maintain required insurance, CMAR’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs, including but not limited to the cost of purchasing necessary insurance coverage, and exercise Owner’s termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect, but is in no way obligated, to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect CMAR or CMAR’s interests. CMAR is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that CMAR deems necessary. 314 General Conditions 00_72_25-26 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) M. The insurance and insurance limits required herein will not be deemed as a limitation on CMAR’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder must provide a copy of the notice to Owner’s Advisor and each other insured. 6.03 CMAR’s Insurance A. Required Insurance–CMAR shall purchase and maintain worker’s compensation, commercial general liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions–The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete, as set forth in Paragraph 15.07.D, and longer if expressly required elsewhere in this Contract, and at all times thereafter when CMAR may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by CMAR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds–The CMAR’s commercial general liability, automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner, Owner’s Advisor, and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby, including as applicable those arising from both ongoing and completed operations; 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by CMAR’s acts or omissions, or the acts and omissions of those working on CMAR’s behalf, in the performance of CMAR’s operations. 315 General Conditions 00_72_25-27 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 6.04 Builder’s Risk and Other Property Insurance A. Builder’s Risk–Unless otherwise provided in the Supplementary Conditions, beginning at the commencement of construction CMAR shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost, subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations. The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. For purposes of the builder’s risk and other required property insurance, “commencement of construction” first occurs when materials are in the course of delivery to the Site or an off-site storage location required to be insured if transit coverage is required, or if transit coverage is not required, when materials are delivered to the Site, or an off-site storage location required to be insured. B. Property Insurance for Facilities of Owner Where Work Will Occur–Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.07.D. C. Property Insurance for Substantially Complete Facilities–Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.07.D. Such property insurance will be written on a special perils (all- risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance. D. Partial Occupancy or Use by Owner–If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.05, then Owner, directly, if it is the purchaser of the builder’s risk policy, or through CMAR, will provide advance notice of such occupancy or use to the builder’s risk insurer and obtain coverage or an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance–If the express insurance provisions of the Contract do not require or address the insurance of a property Item or interest, then the entity or individual owning such property Item will be responsible for insuring it. If CMAR elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, CMAR may do so at its expense. 6.05 Property Losses; Subrogation A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04, or an installation floater policy if authorized by the Supplementary Conditions, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Owner’s Advisor, Engineer, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 316 General Conditions 00_72_25-28 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 1. Owner and CMAR waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner’s Advisor, Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or CMAR as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.05, after Substantial Completion pursuant to Paragraph 15.04, or after final payment pursuant to Paragraph 15.07, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against CMAR, Subcontractors, Owner’s Advisor, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. C. Owner waives all rights against CMAR, Subcontractors, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss. D. CMAR shall assure that each subcontract contains provisions whereby the Subcontractor waives all rights against Owner, CMAR, Owner’s Advisor, Engineer, all individuals or entities identified in the Supplementary Conditions as insureds, their consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured will act as fiduciary for the other insureds and give notice to such other insureds that adjustment and settlement of a claim is in 317 General Conditions 00_72_25-29 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 must maintain such proceeds in a segregated account and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, CMAR shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CMAR’S RESPONSIBILITIES 7.01 CMAR’s Means and Methods of Construction A. CMAR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or CMAR determines, that professional engineering or other design services are needed to carry out CMAR’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then CMAR shall cause such services to be provided by a properly licensed design professional, at CMAR’s expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner, Owner’s Advisor, nor Engineer has any responsibility with respect to (1) CMAR’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by CMAR, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. CMAR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, CMAR shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Owner’s Advisor except under extraordinary circumstances. 7.03 CMAR Services—Key Personnel and Subconsultants A. CMAR will provide the services of the key individuals identified in the Agreement for CMAR Services (Preconstruction Services and Procurement Services) for the duration of the time required to provide these services. CMAR may substitute other individuals for the key individuals identified in the Agreement or for individuals previously approved only upon good cause and with the written consent of the Owner. Subject to the foregoing, not providing the individuals proposed may be the grounds for termination of this Contract. B. CMAR may provide CMAR Services through one or more subconsultants under contract to CMAR provided, however, that CMAR remains responsible to the Owner for all duties and obligations of the CMAR under this Contract, and in rendering 318 General Conditions 00_72_25-30 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) services any such subconsultant must comply with all applicable terms and conditions of the Contract Documents. If the Agreement identifies a specific subconsultant, CMAR will provide the services of such subconsultant for the duration of the time required to complete the subcontracted tasks. CMAR may substitute other subconsultants for the subconsultants identified in the Agreement or previously approved only with the written consent of the Owner. Subject to the foregoing, not providing the subconsultants proposed may be the grounds for termination of this Contract. 7.04 Quality of CMAR Services A. The Owner’s Advisor, with the concurrence of Owner and Engineer, has the right to reject or disapprove any substandard portion of the CMAR Services. Owner’s Advisor will provide written notice stating the reason for the rejection or disapproval. CMAR will revise the services in question to address the inadequacies identified by Owner’s Advisor. B. CMAR acknowledges that any review or approval of CMAR Services by the Owner or Owner’s Advisor does not relieve CMAR of its responsibility to properly and timely perform such services. 7.05 Continuation or Termination of CMAR Services A. Owner may terminate this Contract for Owner’s convenience at the completion of Preconstruction Services if Owner determines that doing so is in Owner’s best interest. Owner is not obligated to cite a reason for such a termination, but in making its determination Owner may wish to consider factors such as the quality of the CMAR Services, facts that indicate that the Project cannot be constructed for a cost within the Owner’s budget, and changes in key personnel. B. The Owner may terminate the Contract for Owner’s convenience at the end of Procurement Services if Owner determines that doing so is in Owner’s best interest. Owner is not obligated to cite a reason for such a termination, but in making its determination Owner may wish to consider factors such as whether CMAR is unable to offer a Guaranteed Maximum Price within the Owner’s Construction Budget, or whether it will be advantageous to bid out the Work as a whole on a stipulated price basis. 7.06 Labor; Working Hours A. CMAR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CMAR shall maintain good discipline and order at the Site. B. CMAR shall provide or furnish: 1. Construction-related services as described in Division 00 and Division 01 of the Contract Documents; 2. Post-construction services as described in Division 00 and Division 01 of the Contract Documents; and 3. All other construction-related and post-construction services described in the Contract Documents. C. CMAR shall be fully responsible to Owner, Owner’s Advisor, and Engineer for all acts and omissions of CMAR’s employees; of subconsultants, Suppliers, and Subcontractors, and their employees; and of any other individuals or entities 319 General Conditions 00_72_25-31 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) performing or furnishing any of the CMAR Services or the Work, just as CMAR is responsible for CMAR’s own acts and omissions. D. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. CMAR will not perform Work on a Saturday, Sunday, or legal holiday. CMAR may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.07 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Owner’s Advisor, the CMAR shall furnish satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment. C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. CMAR will be fully responsible for the quality and effectiveness (1) of all services performed or provided by CMAR, including but not limited to CMAR Services and general services in support of construction, and (2) of the deliverables and documentation associated with all such services. 7.08 “Or Equals” A. CMAR’s Request; Governing Criteria–Whenever an Item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Guaranteed Maximum Price has been based upon CMAR furnishing such Item as specified. The specification or description of such an Item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” Item is permitted, CMAR may request that Owner’s Advisor authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Owner’s Advisor, in consultation with Engineer, determines that an Item of equipment or material proposed by CMAR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Owner’s Advisor will deem it an “or equal” item. For the purposes of this paragraph, a proposed Item of equipment or material will be considered functionally equal to an Item so named if: 320 General Conditions 00_72_25-32 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) a. in the exercise of reasonable judgment Owner’s Advisor, in consultation with Engineer, determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. CMAR certifies that if the proposed Item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the Item will conform substantially to the detailed requirements of the Item named in the Contract Documents. B. CMAR’s Expense–CMAR shall provide all data in support of any proposed “or equal” Item at CMAR’s expense. C. Owner’s Advisor’s Evaluation and Determination–Owner’s Advisor, in consultation with Engineer, will be allowed a reasonable time to evaluate each “or-equal” request. Owner’s Advisor may require CMAR to furnish additional data about the proposed “or-equal” item. Owner’s Advisor, in consultation with Engineer, will be the sole judge of acceptability. No “or-equal” Item will be ordered, furnished, installed, or utilized until Owner’s Advisor’s review is complete and Owner’s Advisor, in consultation with Engineer, has determined that the proposed Item is equal, which will be evidenced by an approved Shop Drawing or other written communication. Owner’s Advisor will advise CMAR in writing of any negative determination. D. Effect of Owner’s Advisor’s Determination–Neither approval nor denial of an “or- equal” request will result in any change in Guaranteed Maximum Price. The Owner’s Advisor’s denial of an “or-equal” request will be final and binding and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request–If Owner’s Advisor determines that an Item of equipment or material proposed by CMAR does not qualify as an “or-equal” item, CMAR may request that Owner’s Advisor consider the Item a proposed substitute pursuant to Paragraph 7.09. 7.09 Substitutes A. CMAR’s Request; Governing Criteria–Unless the specification or description of an Item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, CMAR may request that Owner’s Advisor authorize the use of other items of equipment or material under the circumstances described below. B. To the extent possible such requests must be made as part of Preconstruction Services, before the completion of the applicable portion of the design, the Procurement of Subcontractors, construction pricing, and execution of the governing 321 General Conditions 00_72_25-33 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) Work Authorization (Preconstruction Substitute Requests). Preconstruction Substitute Requests are further addressed in Paragraph 7.09.E below; substitute requests made after the applicable Work Authorization are addressed in Paragraph 7.09.F. C. The following provisions apply to all substitute requests: 1. CMAR shall submit adequate information as provided below to allow Owner’s Advisor, in consultation with Engineer, to determine if the Item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Owner’s Advisor will not accept requests for review of proposed substitute items of equipment or material from anyone other than CMAR. 2. The requirements for review by Owner’s Advisor, in consultation with Engineer, will be as set forth in Paragraph 7.09.D, as supplemented by the Specifications, and as Owner’s Advisor may decide is appropriate under the circumstances. 3. CMAR shall make written application to Owner’s Advisor for review of a proposed substitute Item of equipment or material that CMAR seeks to furnish or use. The application: a. will certify that the proposed substitute Item will: 1) adequately perform the functions and achieve the results called for by the general design; 2) be similar in substance to the Item specified; and 3) be suited to the same use as the Item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute Item will necessitate a change in Contract Times; 2) whether use of the proposed substitute Item in the Work will require a change in any of the Contract Documents, or in the provisions of any other direct contract with Owner for other work on the Project, to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute Item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute Item from the Item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain, to the extent applicable, an itemized estimate of all costs, anticipated price impacts, or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Guaranteed Maximum Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. 322 General Conditions 00_72_25-34 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) D. Owner’s Advisor’s Evaluation and Determination–Owner’s Advisor, in consultation with Engineer, will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Owner’s Advisor may require CMAR to furnish additional data about the proposed substitute item. Owner’s Advisor, in consultation with Engineer, will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Owner’s Advisor’s review is complete and Owner’s Advisor determines that the proposed Item is an acceptable substitute. E. Preconstruction Substitute Requests—CMAR will research potential substitutes, furnish data, and prepare a Preconstruction Substitute Request as compensable Basic Preconstruction Services. CMAR will not be responsible for costs incurred by Owner, Owner’s Advisor, or Engineer in response to a Preconstruction Substitute Request. If such a request is approved, CMAR will not be required to issue a special guarantee with respect to the substitute’s inclusion in the final design. F. For substitute requests made after a Work Authorization, or in an untimely manner such that the substitution cannot be made part of the final design on which binding construction pricing is based, the following apply: 1. Owner’s Advisor’s determination will be evidenced by a Field Order, or a proposed Change Order issued by the Owner’s Advisor accounting for the substitute itself and all related impacts, including changes in Guaranteed Maximum Price or Contract Times. Owner’s Advisor will advise CMAR in writing of any negative determination. 2. Special Guarantee –Owner’s Advisor may require CMAR to furnish at CMAR’s expense a special performance guarantee or other surety with respect to the substitute. 3. Reimbursement of Review Cost–Owner’s Advisor and Engineer will record their costs in evaluating the substitute proposed or submitted by CMAR. Whether or not Owner’s Advisor approves a substitute so proposed or submitted by CMAR, CMAR shall reimburse Owner for the reasonable charges of Owner’s Advisor and Engineer for evaluating each such proposed substitute. CMAR shall also reimburse Owner for the reasonable charges of Owner’s Advisor and Engineer for making changes in the Contract Documents, or in the provisions of any other direct contract with Owner resulting from the acceptance of each proposed substitute. 4. CMAR’s Expense–CMAR shall provide all data in support of any proposed substitute at CMAR’s expense. 5. Effect of Owner’s Advisor’s Determination–If Owner’s Advisor approves the substitute request, CMAR shall execute a Change Order and proceed with the substitute. The Owner’s Advisor’s denial of a substitution request will be final and binding and may not be reversed through an appeal under any provision of the Contract. CMAR may challenge the scope of reimbursement costs imposed under Paragraph 7.09.F.3, by timely submittal of a Change Proposal. 7.10 Concerning Subcontractors and Suppliers A. CMAR may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The CMAR’s retention of a Subcontractor or Supplier for the performance of parts of the Work will 323 General Conditions 00_72_25-35 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) not relieve CMAR’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. CMAR shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. As a general matter, CMAR shall retain Subcontractors and Suppliers for Work Packages through the procurement process described in the Agreement, including but not limited to the Procurement Strategy Plan and Exhibit A Article 3 of the Agreement. If there is a conflict between such provisions of the Agreement and this paragraph, the provisions of the Agreement will govern. D. Subsequent to the submittal of CMAR’s Proposal or final negotiation of the terms of the Contract, Owner may not require CMAR to retain any Subcontractor or Supplier against which CMAR has reasonable objection to furnish or perform any of the Work. E. Prior to entry into any binding subcontract or purchase order, CMAR shall submit to Owner the identity of the proposed Subcontractor or Supplier, unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the CMAR selection process, the Subcontractor and Supplier procurement process, or otherwise. Such proposed Subcontractor or Supplier will be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. F. Owner may require the replacement of a Subcontractor or Supplier. Owner also may require CMAR to retain specific replacements; provided, however, that Owner may not require a replacement to which CMAR has a reasonable objection. If CMAR has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, through the Subcontractor and Supplier procurement process or otherwise, and Owner has accepted it, either in writing or by failing to make written objection thereto, then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. CMAR shall submit an acceptable replacement for the rejected Subcontractor or Supplier. G. If Owner requires the replacement of any Subcontractor or Supplier retained by CMAR to perform any part of the Work, then CMAR shall be entitled to an adjustment in Guaranteed Maximum Price or Contract Times, with respect to the replacement; and CMAR shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. H. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. I. On a monthly basis, CMAR shall submit to Owner’s Advisor a complete list of all Subcontractors and Suppliers having a direct contract with CMAR, and of all other Subcontractors and Suppliers known to CMAR at the time of submittal. J. CMAR shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. K. The divisions and sections of the Specifications and the identifications of any Drawings do not control CMAR in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. L. All Work performed for CMAR by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or 324 General Conditions 00_72_25-36 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) Supplier to the applicable terms and conditions of the Contract for the benefit of Owner, Owner’s Advisor, and Engineer. M. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to CMAR for Work performed for CMAR by the Subcontractor or Supplier. N. CMAR shall restrict all Subcontractors and Suppliers from communicating with Owner’s Advisor or Owner, except through CMAR or in case of an emergency, or as otherwise expressly allowed in this Contract. O. CMAR will perform or undertake the responsibilities of any Subcontractor or Supplier that defaults, fails to perform, declares bankruptcy, or meets any of the other requirements for termination for cause listed as applying to the CMAR as described in Paragraph 16.02 of the General Conditions. 1. If, for a specific Subcontractor or Supplier, CMAR determines that CMAR would not reasonably be able to self-perform the Subcontractor’s work or meet the Supplier’s obligations in the event of the Subcontractor or Supplier default, then CMAR may require a subcontract/supplier performance bond, the costs of which will be reimbursed as a Cost of the Work under the Subcontract costs category (Paragraph 6.02, Agreement). Before requiring such a bond, CMAR will consult with Owner’s Advisor and consider whether other protective measures are feasible and more cost-effective. 2. If Owner requires that CMAR enter into a subcontract with a Subcontractor to which the CMAR has reasonable objections, CMAR may require subcontract performance and payment bonds, the costs of which will be reimbursed as a Cost of the Work under the Subcontract costs category (Paragraph 6.02, Agreement). 7.11 Patent Fees and Royalties A. CMAR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner, Owner’s Advisor, or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, then the existence of such rights will be disclosed in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless CMAR, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs, arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, 325 General Conditions 00_72_25-37 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.12 Permits A. Unless otherwise provided in the Contract Documents, CMAR shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist CMAR, when necessary, in obtaining such permits and licenses. CMAR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of CMAR’s Proposal. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.13 Taxes A. CMAR shall pay all sales, consumer, use, and other similar taxes required to be paid by CMAR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.14 Laws and Regulations A. CMAR shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of CMAR Services or the Work. Neither Owner, Owner’s Advisor, nor Engineer will be responsible for monitoring CMAR’s compliance with Laws or Regulations. B. If CMAR performs any CMAR Services or Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, CMAR shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to such CMAR Services, Work, or other action. C. It is not CMAR’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve CMAR of its obligations under Paragraph 3.03. D. Owner or CMAR may give written notice to the other party of any changes after the Effective Date of the Contract in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and CMAR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Guaranteed Maximum Price or Contract Times resulting from such changes, then within 30 days of such written notice CMAR may submit a Change Proposal, or Owner may initiate a Claim. 326 General Conditions 00_72_25-38 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 7.15 Record Documents A. CMAR shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, Contract Amendments, Work Packages, Work Authorizations, written interpretations and clarifications, and approved Shop Drawings. CMAR shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Owner’s Advisor and Engineer for reference. Upon completion of the Work, CMAR shall deliver these record documents to Owner’s Advisor. 7.16 Safety and Protection A. CMAR shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. CMAR shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. CMAR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.16.C.2 or 7.16.C.3 caused, directly or indirectly, in whole or in part, by CMAR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, will be remedied by CMAR at its expense, except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner, Owner’s Advisor, or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CMAR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them. E. CMAR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. CMAR shall notify Owner’s Advisor; Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities, if the identity of such owners is known to CMAR; and other contractors and utility owners performing work at or adjacent to the Site, in writing, when CMAR knows that prosecution of the Work may 327 General Conditions 00_72_25-39 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. CMAR shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. CMAR shall inform Owner, Owner’s Advisor, and Engineer of the specific requirements of CMAR’s safety program with which Owner’s, Owner’s Advisor’s, and Engineer’s employees and representatives must comply while at the Site. I. CMAR’s duties and responsibilities for safety and protection will continue until all the Work is completed, Owner’s Advisor has issued a written notice to Owner and CMAR in accordance with Paragraph 15.07.C that the Work is acceptable, and CMAR has left the Site, except as otherwise expressly provided in connection with Substantial Completion. J. CMAR’s duties and responsibilities for safety and protection will resume whenever CMAR or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.17 Hazard Communication Programs A. CMAR shall be responsible for coordinating any exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.18 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CMAR is obligated to act to prevent damage, injury, or loss. CMAR shall give Owner’s Advisor prompt written notice if CMAR believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency or are required as a result of CMAR’s response to an emergency. If Owner’s Advisor, in consultation with Engineer, determines that a change in the Contract Documents is required because of an emergency or CMAR’s response, a Work Change Directive or Change Order will be issued. 7.19 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, CMAR shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 328 General Conditions 00_72_25-40 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 3) all information relative to CMAR’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that CMAR has satisfied CMAR’s obligations under the Contract Documents with respect to CMAR’s review of that Submittal, and that CMAR approves the Submittal. 3. With each Shop Drawing or Sample, CMAR shall give Owner’s Advisor specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples–CMAR shall label and submit Shop Drawings and Samples to Owner’s Advisor for review by Engineer in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. CMAR shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the services, materials, and equipment CMAR proposes to provide, and to enable the information to be reviewed for the limited purposes required by Paragraph 7.19.D. 2. Samples a. CMAR shall submit the number of Samples required in the Specifications. b. CMAR shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Owner’s Advisor may require to enable Engineer to review the Sample for the limited purposes required by Paragraph 7.19.D. C. Proceeding without Engineer’s Approval—Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, Owner will not pay for related Work, including equipment or materials, until Engineer approves the Shop Drawing or Sample. If CMAR proceeds without such approval, CMAR will bear the full risk of all resulting delays, costs, and losses, including but not limited to removal, corrective, purchase, and installation costs, if such approval is not granted. D. Engineer’s Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 329 General Conditions 00_72_25-41 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 2. Engineer’s review and approval, if any, will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. Engineer’s review and approval, if any, of a separate Item as such will not indicate approval of the assembly in which the Item functions. 4. Engineer’s review and approval, if any, of a Shop Drawing or Sample will not relieve CMAR from responsibility for any variation from the requirements of the Contract Documents unless CMAR has complied with the requirements of Paragraph 7.19.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Owner’s Advisor, in consultation with Engineer, will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer’s review and approval, if any, of a Shop Drawing or Sample will not relieve CMAR from responsibility for complying with the requirements of Paragraphs 7.19.A and B. 6. Engineer’s review and approval, if any, of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Guaranteed Maximum Price, unless such changes are included in a Change Order. 7. Neither receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such Item becoming a Contract Document. 8. CMAR shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.19.D.4. E. Resubmittal Procedures for Shop Drawings and Samples 1. CMAR shall make required corrections and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. CMAR shall direct specific attention in writing to revisions other than the corrections called for on previous Submittals. 2. CMAR shall furnish required Shop Drawing and Sample submittals with adequate information and accuracy to obtain required approval of an Item with no more than two resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and CMAR shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due CMAR to secure reimbursement for such charges. 3. If CMAR requests a change of a previously approved Shop Drawing or Sample, CMAR shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due CMAR to secure reimbursement for such charges, unless the need for such change is beyond the control of CMAR. F. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: 330 General Conditions 00_72_25-42 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) a. CMAR shall submit all such Submittals to Owner’s Advisor in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. A timely review will be made of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. d. If any such Submittal is not accepted, CMAR shall confer with Owner’s Advisor regarding the reason for the non-acceptance and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 4.04, 7.19, and 15.02. G. Owner-delegated Designs–Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.22. 7.20 CMAR’s General Warranty and Guarantee A. CMAR warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Owner’s Advisor and Engineer are entitled to rely on CMAR’s warranty and guarantee. B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.09. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.20 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.09: 1. Owner shall give CMAR written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. CMAR’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than CMAR, Subcontractors, Suppliers, or any other individual or entity for whom CMAR is responsible; or 2. normal wear and tear under normal usage. D. CMAR shall perform or provide CMAR Services in accordance with the Contract Documents and good construction management practice. E. CMAR’s obligation to perform and complete the CMAR Services and the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of CMAR Services or Work that is not in accordance with the Contract Documents, a release of CMAR’s obligation to perform the CMAR 331 General Conditions 00_72_25-43 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) Services or Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.20: 1. Observations by Owner’s Advisor or Engineer; 2. Recommendation by Owner’s Advisor or payment by Owner of any progress or final payment; 3. The acceptance of CMAR Services without objection; 4. The issuance of a certificate of Substantial Completion by Owner’s Advisor or any payment related thereto by Owner; 5. Use or occupancy of the Work or any part thereof by Owner; 6. Any review and approval of a Shop Drawing or Sample submittal; 7. The issuance of a notice of acceptability by Owner’s Advisor; 8. The end of the correction period established in Paragraph 15.09; 9. Any inspection, test, or approval by others; or 10. Any correction of defective Work by Owner. F. If the Contract requires CMAR to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to CMAR’s performance obligations to Owner for the Work described in the assigned contract. 7.21 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of CMAR under the Contract or otherwise, CMAR shall indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments, including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs, arising from third-party claims or actions relating to or resulting from the performance or furnishing of CMAR Services or the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property, other than the Work itself, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of CMAR, any Subcontractor, any Supplier, subconsultant, or any individual or entity directly or indirectly employed by any of them to perform any of the CMAR Services or Work, or anyone for whose acts any of them may be liable. B. In claims against Owner, Owner’s Advisor, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any CMAR employee, or the survivor or personal representative of such employee, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.21.A will not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for CMAR or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. 332 General Conditions 00_72_25-44 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 7.22 Delegation of Professional Design Services A. Owner may require CMAR to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that CMAR must furnish to Owner’s Advisor with respect to the Owner- delegated design. B. CMAR shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by CMAR, a Subcontractor, or others for submittal to Owner’s Advisor, then such Shop Drawing or other Submittal must bear the written approval of CMAR’s design professional when submitted by CMAR to Owner’s Advisor. D. Owner, Owner’s Advisor, and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by CMAR under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.22, Engineer’s review, approval, and determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by CMAR pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.22; 2. Confirming that CMAR, through its design professionals, has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by CMAR is consistent with the design concept expressed in the Contract Documents. F. CMAR shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. CMAR is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give CMAR written notice 333 General Conditions 00_72_25-45 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to CMAR. C. CMAR shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. CMAR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CMAR shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or alter others' work with the written consent of Owner’s Advisor and the others whose work will be affected. E. If the proper execution or results of any part of CMAR’s Work depends upon work performed by others, CMAR shall inspect such other work and promptly report to Owner’s Advisor in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CMAR’s Work. CMAR’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with CMAR’s Work except for latent defects and deficiencies in such other work. F. The provisions of this Article are not applicable to work that is performed by third- party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by CMAR is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to CMAR prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of CMAR or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then CMAR 334 General Conditions 00_72_25-46 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) shall be entitled to an equitable adjustment in the Guaranteed Maximum Price or the Contract Times. CMAR must submit any Change Proposal seeking an equitable adjustment in the Guaranteed Maximum Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will consider information, if any regarding such other work that was provided to CMAR in the Contract Documents prior to the submittal of the Proposal or the final negotiation of the terms of the Contract, and any remedies available to CMAR under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Guaranteed Maximum Price will be conditioned on CMAR assigning to Owner all CMAR’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. CMAR’s entitlement to an adjustment of the Contract Times or Guaranteed Maximum Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. B. CMAR shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If CMAR fails to take such measures, and as a result, damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due CMAR, and assign to such other contractor or utility owner the Owner’s contractual rights against CMAR with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, CMAR shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of CMAR’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due CMAR. C. If CMAR damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through CMAR’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CMAR’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against CMAR, Owner, Owner’s Advisor, or Engineer, then CMAR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and their officers, directors, members, partners, employees, agents, consultants and subcontractors from and against any such claims, and against all costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs arising out of or relating to such damage, delay, disruption, or interference. 335 General Conditions 00_72_25-47 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) ARTICLE 9—OWNER’S RESPONSIBILITIES 9.01 Communications to CMAR A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to CMAR through Owner’s Advisor. 9.02 Replacement of Owner’s Advisor or Engineer A. Owner may at its discretion appoint a replacement for Owner’s Advisor, provided CMAR makes no reasonable objection to the replacement. The replacement’s status under the Contract Documents will be that of the former Owner’s Advisor. B. Owner may at its discretion appoint an engineer to replace Engineer, provided CMAR makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay CMAR A. Owner shall make payments to CMAR when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to CMAR copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Owner’s Tasks in Support of CMAR Services A. Owner shall provide CMAR with all criteria and full information as to Owner’s requirements for the Project including drafts of proposed Contract Documents, general schedules and completion requirements, reports, surveys, permits, record documents from related previous projects, and other information as required for CMAR to provide services. Owner shall be responsible for, and CMAR may rely upon, the accuracy and completeness of all such criteria and information, and of any other 336 General Conditions 00_72_25-48 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) programs, instructions, data, and other information furnished by Owner to CMAR pursuant to this Agreement. CMAR may use such criteria and information in performing or furnishing CMAR Services. B. Owner shall provide reasonable assistance to CMAR in securing the release of documents and information held by private entities and by public agencies as needed to provide services required by this Agreement. C. Owner shall arrange for safe access to and make all provisions for CMAR to enter upon public and private property as required for CMAR to perform services. D. Owner shall review documents presented by CMAR, make decisions, and carry out Owner’s other responsibilities in a timely manner so as not to delay the CMAR’s performance of its services. E. Owner shall provide the services of attorneys, insurance consultants, financial advisors, and other professional advisors or consultants required for the Project, but not provided by the CMAR. 1. Advise CMAR of the identity and scope of services of any independent consultant, designer, contractor, or other construction manager employed by Owner to perform or furnish services in regard to the Project, including cost estimating, project peer reviews, value engineering, and constructability reviews. 2. Define and set forth the duties, responsibilities, and limitations of authority of these other parties as they relate to the duties, responsibilities, and authority of CMAR. F. Owner is not responsible for discovering deficiencies in the CMAR’s Services. CMAR will correct any deficiencies without additional compensation, except to the extent this corrective action is directly attributable to deficiencies in Owner-furnished information. 9.10 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, CMAR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for CMAR’s failure to perform the Work in accordance with the Contract Documents. 9.11 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.12 Evidence of Financial Arrangements A. Upon request of CMAR, Owner shall furnish CMAR reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract, including obligations under proposed changes in the Work. 9.13 Safety Programs A. While at the Site, Owner’s employees and representatives will comply with the specific applicable requirements of CMAR’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to CMAR. 337 General Conditions 00_72_25-49 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) ARTICLE 10—STATUS OF OWNER’S ADVISOR AND ENGINEER DURING CONSTRUCTION 10.01 Owner’s Advisor A. Owner’s Advisor will be Owner’s representative during the construction period. B. The general duties, responsibilities, and the limitations of authority of Owner’s Advisor and Engineer during construction are set forth below. 10.02 Visits to Site A. Owner’s Advisor will either be based at the Site or make visits to the Site on a regular basis. Owner’s Advisor will observe the Work; check the quality, quantity, and progress of the Work; implement Owner's quality assurance program; and administer the Contract as Owner's representative. B. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of CMAR’s executed Work. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer will report to Owner’s Advisor regarding information obtained during such Site visits and observations. C. Owner’s Advisor’s and Engineer’s visits and observations are subject to all the limitations on Owner’s Advisor’s and Engineer’s authority and responsibility set forth in Paragraph 10.05. Particularly, but without limitation, during or as a result of Owner’s Advisor’s and Engineer’s visits or observations of CMAR’s Work, neither Owner’s Advisor nor Engineer will supervise, direct, control, or have authority over or be responsible for CMAR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Determinations for Unit Price Work A. Owner’s Advisor will determine the actual quantities and classifications of Unit Price Work performed or furnished by CMAR as set forth in Paragraph 13.02. 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work; Exercise of Authority A. Owner’s Advisor will render decisions regarding the requirements of the Contract Documents, and judge the quality and acceptability of the Work, pursuant to the specific procedures set forth herein for interpretations, Change Proposals, Applications for Payment, and acceptance of the Work. 1. Before rendering such decisions or judgments, and before exercising its authority with respect to differing subsurface or physical conditions, Underground Facilities, “or equal” and substitute requests, emergencies, Field Orders, and similar matters, Owner’s Advisor will consult with Engineer as to all matters in question involving (a) the design, as set forth in the Drawings, Specifications, or otherwise, (b) the quality or acceptability of the Work under the Contract Documents, or (c) other engineering matters. 338 General Conditions 00_72_25-50 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 2. With respect to such matters, Owner’s Advisor’s decisions and judgments as rendered will be in accord with Engineer’s professional analysis, opinions, recommendations, and conclusions. B. In rendering such decisions and judgments, exercising such authority, or providing professional analysis, opinions, recommendations, or conclusions underlying such decisions and judgments, neither Owner’s Advisor nor Engineer will show partiality to Owner or CMAR, and neither Owner’s Advisor nor Engineer will be liable to Owner, CMAR, or others in connection with any proceedings, interpretations, analysis, opinions, recommendations, conclusions, decisions, or judgments conducted or rendered in good faith. C. Owner’s Advisor may at any time request that CMAR furnish proposed changes to Guaranteed Maximum Price and Contract Times that would result from specified proposed changes to the Contract Documents. 10.05 Limitations on Owner’s Advisor’s and Engineer’s Authority and Responsibilities A. Neither Owner’s Advisor’s nor Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Owner’s Advisor or Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Owner’s Advisor or Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Owner’s Advisor or Engineer to CMAR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Neither Owner’s Advisor nor Engineer will supervise, direct, control, or have authority over or be responsible for CMAR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. Neither Owner’s Advisor nor Engineer will be responsible for CMAR’s failure to perform the Work in accordance with the Contract Documents. C. Neither Owner’s Advisor nor Engineer will be responsible for the acts or omissions of CMAR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Owner’s Advisor’s review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by CMAR under Paragraph 15.07.A, will only be to determine generally that their content complies with the requirements of the Contract Documents, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. 10.06 Compliance with Safety Program A. While at the Site, Owner’s Advisor’s and Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and CMAR’s safety programs of which Owner’s Advisor and Engineer have been informed. 339 General Conditions 00_72_25-51 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Contract Amendment, Work Authorization, Change Order, Work Change Directive, or Field Order. B. A Work Authorization, as more fully defined in Paragraph 1.01, is used to authorize specified Work, and establish related compensation. Change Orders, Work Change Directives, and Field Orders are used to modify a Work Authorization, including but not limited to modifications of the authorized Work and changes to the Guaranteed Maximum Price and Contract Times associated with the Work Authorization. If a modification under a Work Authorization includes a change in the Guaranteed Maximum Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. A Contract Amendment, as more fully defined in Paragraph 1.01, is used for general contract modification purposes. D. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design, as set forth in the Drawings, Specifications, or otherwise, or (3) other engineering matters, must be supported by Engineer’s recommendation. Owner and CMAR may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. With respect to a governing Work Authorization, Owner and CMAR shall execute appropriate Change Orders covering: 1. Changes in Guaranteed Maximum Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work performed in accordance with a Work Change Directive; 2. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design, as set forth in the Drawings, Specifications, or otherwise, or other engineering matters; and 3. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Paragraph 13.02.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or CMAR refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. C. Owner and CMAR will enter into either a Change Order, if related to a specific Work Authorization, or a Contract Amendment with respect to the following: 1. Changes in Guaranteed Maximum Price resulting from an Owner set-off, unless CMAR has duly contested such set-off; 340 General Conditions 00_72_25-52 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 2. Changes that embody the substance of any final and binding results under Article 12, Claims; Paragraph 13.01, final adjustments resulting from allowances; and similar provisions. 11.03 Work Change Directives A. A Work Change Directive will not change the Guaranteed Maximum Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Guaranteed Maximum Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Guaranteed Maximum Price. B. If Owner has issued a Work Change Directive and: 1. CMAR believes that an adjustment in Contract Times or Guaranteed Maximum Price is necessary, then CMAR shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Guaranteed Maximum Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Owner’s Advisor, in consultation with Engineer, may authorize minor changes in the Work if the changes do not involve an adjustment in the Guaranteed Maximum Price or the Contract Times. Such changes will be accomplished by a Field Order and will be binding on Owner and on CMAR, which shall perform the Work involved promptly. B. If CMAR believes that a Field Order justifies an adjustment in the Guaranteed Maximum Price or Contract Times, then before proceeding with the Work at issue, CMAR shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design, as set forth in the Drawings, Specifications, or otherwise, or other engineering matters will be supported by Engineer’s recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and CMAR have agreed as to the effect, if any, of the changes on Contract Times or Guaranteed Maximum Price; or by a Work Change Directive. Upon receipt of any such document, CMAR shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates CMAR to undertake work that CMAR reasonably concludes cannot be performed in a manner consistent with CMAR’s safety obligations under the Contract Documents or Laws and Regulations. 341 General Conditions 00_72_25-53 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 11.06 Unauthorized Changes in the Work A. CMAR shall not be entitled to an increase in the Guaranteed Maximum Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.18 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may be changed by a Work Authorization, Change Order, or Contract Amendment. Any Change Proposal for an adjustment in the Guaranteed Maximum Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Guaranteed Maximum Price with respect to the Work will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved; 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum; or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work determined in accordance with the Cost of the Work provisions in the Agreement, plus the CMAR Fee, applied proportionally, for overhead and profit determined in accordance with the terms in the Agreement. 11.08 Change of Contract Times A. The Contract Times may be changed by a Work Authorization, Change Order, or Contract Amendment. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content—CMAR shall submit a Change Proposal to Owner’s Advisor to request an adjustment in the Contract Times or Guaranteed Maximum Price; contest a decision by Owner’s Advisor concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Guaranteed Maximum Price, or other proposed relief; identify any governing Work Authorization; indicate CMAR’s recommendation for the correct means of amending the Contract (Work Authorization, Change Order, or Contract Amendment) if the proposed change is accepted; and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. 342 General Conditions 00_72_25-54 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) B. Determination of Changes in Guaranteed Maximum Price for Work—If a Change Order under a Work Authorization entails a change in Guaranteed Maximum Price, then: 1. The change will include the applicable increase or decrease in Cost of the Work, pursuant to the provisions Article 6 of the Agreement. 2. The CMAR Fee for changes will be those agreed to Article 7 of the Agreement. 3. If there is a Guaranteed Maximum Price, it will increase or decrease in an amount equal to the increase or decrease in the Cost of the Work and CMAR Fee, as duly determined. 4. The amount of any increases or decreases in the CMAR Fee, or in Guaranteed Maximum Price, will be set forth in the applicable Change Order. C. Change Proposal Procedures 1. Submittal—CMAR shall submit each Change Proposal to Owner’s Advisor within 30 days after the start of the event giving rise thereto, or after such decision. 2. Supporting Data—The CMAR shall submit supporting data, including the proposed change in Guaranteed Maximum Price or Contract Time, if any, to the Owner’s Advisor within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change Proposals related to a change of Guaranteed Maximum Price based on Cost of the Work must include full and detailed account of eligible costs, such as materials incorporated into the Work, labor and equipment used for the subject Work, and Subcontract costs. The supporting data must be accompanied by a written statement that the supporting data is accurate and complete, and that any requested time or price adjustment is the entire adjustment to which CMAR believes it is entitled as a result of said event. 3. Owner’s Advisor’s Initial Review—Owner’s Advisor, in consultation with Engineer, will advise Owner regarding the Change Proposal and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Owner’s Advisor concludes that additional supporting data is needed before conducting a full review and deciding regarding the Change Proposal, then Owner’s Advisor may request that CMAR submit such additional supporting data by a date specified by Owner’s Advisor, prior to Owner’s Advisor beginning its full review of the Change Proposal. 4. Owner’s Advisor’s Full Review and Action on the Change Proposal—Upon receipt of CMAR’s supporting data, including any additional data requested by Owner’s Advisor, Owner’s Advisor, in consultation with Engineer, will conduct a full review of each Change Proposal and, within 30 days after such receipt of the CMAR’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and CMAR. If Owner’s Advisor does not act on the Change Proposal within 30 days, then either Owner or CMAR may at any time thereafter submit a letter to the other party indicating that as a result of 343 General Conditions 00_72_25-55 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) Owner’s Advisor’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision—Owner’s Advisor’s decision is final and binding upon Owner and CMAR, unless Owner or CMAR appeals the decision by filing a Claim under Article 12. D. Post-Completion—CMAR shall not submit any Change Proposals after Owner’s Advisor issues a written recommendation of final payment pursuant to Paragraph 15.07.B. 11.10 Notification to Surety A. CMAR shall notify the performance and payment bond surety of the issuance of each Work Authorization and confirm that the bonds have been adjusted to reflect the changes in Guaranteed Maximum Price and Contract Times. B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents, including, but not limited to, Guaranteed Maximum Price or Contract Times, the giving of any such notice will be CMAR’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process—The following disputes between Owner and CMAR are subject to the Claims process set forth in this article: 1. Appeals by Owner or CMAR of Owner’s Advisor’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Subject to the waiver provisions of Paragraph 15.08, any dispute arising after Owner’s Advisor has issued a written recommendation of final payment pursuant to Paragraph 15.07.B. B. Submittal of Claim—The party submitting a Claim shall deliver it directly to the other party to the Contract promptly, but in no event later than 30 days after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Owner’s Advisor and Engineer, for their information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by CMAR seeking an increase in the Contract Times or Contract Price, CMAR shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of CMAR’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which CMAR is entitled. C. Review and Resolution—The party receiving a Claim shall review it thoroughly and consider its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated 344 General Conditions 00_72_25-56 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) in writing and submitted to the other party, with a copy to Owner’s Advisor and Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and CMAR may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and CMAR agree to mediation, then after 60 days from such agreement, either Owner or CMAR may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and CMAR shall each pay one-half of the mediator’s fees and costs. E. Partial Approval—If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim—If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not act on the Claim within 90 days, then either Owner or CMAR may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results—If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—ALLOWANCES; UNIT PRICE WORK 13.01 Allowances A. The CMAR Contingency Allowance (Agreement, Article 8) and Owner’s Contingency Allowance (Agreement, Article 12) are governed by the applicable provisions of the Agreement. B. CMAR confirms that it has included the CMAR Contingency Allowance in the Guaranteed Maximum Price and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Owner’s Advisor. C. CMAR confirms that it has included the Owner’s Contingency Allowance in the Contract Price and that use of Owner’s Contingency Allowance is subject to the provisions of Article 12 in the Agreement. D. Cash Allowances—CMAR agrees that: 345 General Conditions 00_72_25-57 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 1. the cash allowances include the cost to CMAR, less any applicable trade discounts, of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CMAR’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Guaranteed Maximum Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. E. Prior to final payment, an appropriate Change Order will be issued as recommended by Owner’s Advisor to reflect actual amounts due CMAR for Work covered by allowances, and the Guaranteed Maximum Price will be correspondingly adjusted. 13.02 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Guaranteed Maximum Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified Item of Unit Price Work times the estimated quantity of each Item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Proposals and determining an Estimated Guaranteed Maximum Price. Payments to CMAR for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by CMAR to be adequate to cover CMAR’s overhead and profit for each separately identified item. D. Owner’s Advisor will determine the actual quantities and classifications of Unit Price Work performed or furnished by CMAR. Owner’s Advisor will review with CMAR the Owner’s Advisor’s preliminary determinations on such matters before rendering a written decision thereon, by recommendation of an Application for Payment or otherwise. Owner’s Advisor’s written decision thereon will be final and binding except as modified by Owner’s Advisor to reflect changed factual conditions or more accurate data upon Owner and CMAR, and the final adjustment of Guaranteed Maximum Price will be set forth in a Change Order, subject to the provisions of the following Paragraph. E. Adjustments in Unit Price 1. CMAR or Owner shall be entitled to an adjustment in the unit price with respect to an Item of Unit Price Work if: a. the quantity of the Item of Unit Price Work performed by CMAR differs materially and significantly from the estimated quantity of such Item indicated in the Agreement; and b. CMAR’s unit costs to perform the Item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in CMAR’s costs to perform such other Work, such that the resulting overall change in Guaranteed Maximum Price is equitable to Owner and CMAR. 3. Adjusted unit prices will apply to all units of that item. 346 General Conditions 00_72_25-58 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Owner’s Advisor, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. CMAR shall provide them with proper and safe conditions for such access and advise them of CMAR’s safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. CMAR shall give Owner’s Advisor timely notice of readiness of the Work, or specific parts thereof, for all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except those costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work, or part thereof, specifically to be inspected, tested, or approved by an employee or other representative of such public body, CMAR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Owner’s Advisor the required certificates of inspection or approval. D. CMAR shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to CMAR’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Owner’s Advisor. E. If the Contract Documents require the Work, or part thereof, to be accepted by Owner, Owner’s Advisor, Engineer, or another designated individual or entity, then CMAR shall assume full responsibility for arranging and obtaining such approvals. F. If any Work, or the work of others that is to be inspected, tested, or approved is covered by CMAR without written concurrence of Owner’s Advisor, CMAR shall, if requested by Owner’s Advisor, uncover such Work for observation. Such uncovering 347 General Conditions 00_72_25-59 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) will be at CMAR’s expense unless CMAR has given Owner’s Advisor timely notice of CMAR’s intention to cover the same and Owner’s Advisor had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. CMAR’s Obligation—It is CMAR’s obligation to assure that the Work is not defective. B. Owner’s Advisor’s Authority—Owner’s Advisor has the authority to determine, in consultation with Engineer, whether Work is defective, and to reject defective Work. C. Notice of Defects—Prompt written notice of all defective Work of which Owner, Owner’s Advisor, or Engineer has actual knowledge will be given to CMAR. D. Correction, or Removal and Replacement—Promptly after receipt of written notice of defective Work, CMAR shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Owner’s Advisor has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties—When correcting defective Work, CMAR shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages—In addition to its correction, removal, and replacement obligations with respect to defective Work, CMAR shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and CMAR are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so. If such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles and will not endanger public safety. CMAR shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work; such costs to be approved by Owner’s Advisor as to reasonableness, and for the diminished value of the Work to the extent not otherwise paid by CMAR. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Guaranteed Maximum Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, CMAR shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Owner’s Advisor has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. 348 General Conditions 00_72_25-60 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) B. If any Work is covered contrary to the written request of Owner’s Advisor, then CMAR shall, if requested by Owner’s Advisor, uncover such Work for Owner’s Advisor’s or Engineer’s observation, and then replace the covering, all at CMAR’s expense. C. If Engineer or Owner’s Advisor considers it necessary or advisable that covered Work be observed by Owner’s Advisor or Engineer, or inspected or tested by others, then Owner’s Advisor will so advise CMAR, and CMAR shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner’s Advisor may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, CMAR shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction, including but not limited to all costs of repair or replacement of work of others, and pending CMAR’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, CMAR shall be allowed an increase in the Guaranteed Maximum Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then CMAR may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order CMAR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of CMAR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If CMAR fails within a reasonable time after written notice from Owner’s Advisor to correct defective Work, or to remove and replace defective Work as required by Owner’s Advisor, then Owner may, after 7 days’ written notice to CMAR, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude CMAR from all or part of the Site, take possession of all or part of the Work and suspend CMAR’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid CMAR but which are stored elsewhere. CMAR shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, Owner’s Advisor, Engineer, and their consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. 349 General Conditions 00_72_25-61 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against CMAR as set-offs against payments due under Article 15. Such claims, costs, losses, and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CMAR’s defective Work. D. CMAR shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CMAR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Payment for CMAR Services A. The basis and procedures for payment for CMAR Services are set forth in the Agreement, Article 3. The provisions of this Article 15 pertain to payment for performance and furnishing of the Work, unless noted otherwise. 15.02 Progress Payments A. Basis for Progress Payments 1. CMAR will, at least 10 days prior to applying for Payment, prepare and submit for approval by Owner’s Advisor a schedule allocating portions of the Guaranteed Maximum Price to various portions of the Work, as determined by the applicable Work Authorizations. 2. The Schedule of Values will serve as the basis for progress payments and will be incorporated by Owner’s Advisor into an Application for Payment form. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.02. Progress payments for cost-based Work will be based on Cost of the Work completed by CMAR during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment, but not more often than once a month, CMAR shall submit to Owner’s Advisor for review an Application for Payment filled out and signed by CMAR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by CMAR for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of CMAR stating that all previous progress payments received 350 General Conditions 00_72_25-62 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) by CMAR have been applied to discharge CMAR’s legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Owner’s Advisor will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to CMAR indicating in writing Owner’s Advisor’s reasons for refusing to recommend payment. In the latter case, CMAR may make the necessary corrections and resubmit the Application. 2. Owner’s Advisor’s recommendation of any payment requested in an Application for Payment will constitute a representation by Owner’s Advisor to Owner, based on Owner’s Advisor’s (a) observations of the executed Work, (b) consultations with Engineer, and (c) review of the Application for Payment and the accompanying data and schedules, that to the best of Owner’s Advisor’s knowledge, information, and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.02, and any other qualifications stated in the recommendation; and c. the conditions precedent to CMAR’s being entitled to such payment appear to have been fulfilled in so far as it is Owner’s Advisor’s responsibility to observe the Work. 3. By recommending any such payment Owner’s Advisor will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Owner’s Advisor in the Contract; or b. there may not be other matters or issues between the parties that might entitle CMAR to be paid additionally by Owner or entitle Owner to withhold payment to CMAR. 4. Neither Owner’s Advisor’s review of CMAR’s Work for the purposes of recommending payments nor Owner’s Advisor’s recommendation of any payment, including final payment, will impose responsibility on Owner’s Advisor: a. to supervise, direct, or control the Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for CMAR’s failure to comply with Laws and Regulations applicable to CMAR’s performance of the Work; 351 General Conditions 00_72_25-63 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) d. to make any examination to ascertain how or for what purposes CMAR has used the money paid by Owner; or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Owner’s Advisor may refuse to recommend the whole or any part of any payment if, in Owner’s Advisor’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.02.C.2. 6. Owner’s Advisor will recommend reductions in payment (set-offs) necessary in Owner’s Advisor’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Guaranteed Maximum Price has been reduced by Change Orders or other Contract modifications; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which CMAR is responsible; or e. Owner’s Advisor has actual knowledge of the occurrence of any of the events that would constitute a default by CMAR and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after Owner’s Advisor’s presentation of the Application for Payment to Owner with Owner’s Advisor’s recommendation, the amount recommended, subject to any Owner set-offs, will become due, and when due will be paid by Owner to CMAR. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Owner’s Advisor, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on CMAR’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from CMAR’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. CMAR has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. CMAR has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which CMAR is responsible; 352 General Conditions 00_72_25-64 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) e. Owner has incurred extra charges for advisory services or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests, and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Guaranteed Maximum Price has been reduced by Change Orders or other Contract modifications; i. An event has occurred that would constitute a default by CMAR and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of CMAR’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where CMAR has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. Claims have been made or costs have been incurred arising from CMAR Services; or m. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Owner’s Advisor, Owner will give CMAR immediate written notice, with a copy to Owner’s Advisor, stating the reasons for such action and the specific amount of the reduction, and promptly pay CMAR any amount remaining after deduction of the amount so withheld. Owner shall promptly pay CMAR the amount so withheld, or any adjustment thereto agreed to by Owner and CMAR, if CMAR remedies the reasons for such action. The reduction imposed will be binding on CMAR unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.02.D.1 and subject to interest as provided in the Agreement. F. Where the Contract Price is based on the Cost of Work, if Owner determines that progress payments made to date substantially exceed the actual progress of the Work, as measured by reference to the Schedule of Values, or present a potential conflict with the Guaranteed Maximum Price, then Owner may require that CMAR prepare and submit a plan for the remaining anticipated Applications for Payment that will bring payments and progress into closer alignment and take into account the Guaranteed Maximum Price, if any, through reductions in billings, increases in retainage, or other equitable measures. Owner will review the plan, discuss any necessary modifications, and implement the plan as modified for all remaining Applications for Payment. 15.03 CMAR’s Warranty of Title A. CMAR warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and 353 General Conditions 00_72_25-65 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.04 Substantial Completion A. When CMAR considers the entire Work ready for its intended use CMAR shall notify Owner’s Advisor in writing that the entire Work is substantially complete and request that Owner’s Advisor issue a certificate of Substantial Completion. CMAR shall at the same time submit to Owner’s Advisor CMAR’s proposed punch list of items to be completed or corrected before final payment. B. Promptly after CMAR’s notification, Owner, CMAR, Owner’s Advisor, and Engineer will inspect the Work to determine the status of completion. If the Work is not determined to be substantially complete, Owner’s Advisor will notify CMAR in writing, giving the reasons for the determination. C. If the Work is deemed substantially complete, Owner’s Advisor will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Owner’s Advisor will attach to the certificate the Owner’s Advisor’s proposed punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Owner’s Advisor as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Owner’s Advisor, in consultation with Engineer, concludes that the Work is not substantially complete, Owner’s Advisor will, within 14 days after submission of the preliminary certificate to Owner, notify CMAR in writing that the Work is not substantially complete, stating the reasons for the conclusion. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Owner’s Advisor, in consultation with Engineer, concludes that the Work is substantially complete, then Owner’s Advisor will, within said 14 days, execute and deliver to Owner and CMAR a final certificate of Substantial Completion, with a revised punch list of items to be completed or corrected, reflecting such changes from the preliminary certificate as Owner’s Advisor believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and CMAR will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and CMAR agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the CMAR shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases CMAR may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude CMAR from the Site after the date of Substantial Completion subject to allowing CMAR reasonable access to remove its property and complete or correct items on the punch list. 354 General Conditions 00_72_25-66 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 15.05 Partial Use or Occupancy; Completion of Authorized Work A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Owner’s Advisor, Engineer, and CMAR agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with CMAR’s performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that CMAR permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when CMAR agrees that such part of the Work is substantially complete, CMAR, Owner, Owner’s Advisor and Engineer will follow the procedures of Paragraph 15.04.A through 15.04.E for that part of the Work. 2. At any time, CMAR may notify Owner and Owner’s Advisor in writing that CMAR considers any such part of the Work substantially complete and request Owner’s Advisor to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, CMAR, Owner’s Advisor and Engineer will inspect that part of the Work to determine its status of completion. If Owner’s Advisor, in consultation with Engineer, does not consider that part of the Work to be substantially complete, Owner’s Advisor will notify Owner and CMAR in writing, giving the reasons for its determination. If Owner’s Advisor, in consultation with the Engineer, considers that part of the Work to be substantially complete, then for that part of the Work the provisions of Paragraph 15.04 will apply with respect to certification of Substantial Completion, the Division of responsibility, and access. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance. 5. Neither the organization of the Work into Work Packages, nor the authorization of specified parts of the Work in a Work Authorization, establishes (a) that such packages or parts of the Work have been identified in the Contract Documents or otherwise as a part of the Work that Owner may use or occupy upon completion, or (b) that any such Work constitutes a separately functioning and usable part of the Work that upon completion can be used by Owner for its intended purpose without significant interference with CMAR’s performance of the remainder of the Work. The determination of whether any part of the Work qualifies for partial use or occupancy under this Paragraph 15.05 will be made on the merits without reference to Work Packages or Work Authorizations. B. Substantial Completion of Authorized Work 1. When CMAR considers the entire Work authorized under a specific Work Authorization is ready for its intended use, CMAR shall notify Owner’s Advisor in writing that such authorized Work is substantially complete and request that Owner’s Advisor issue a certificate of Substantial Completion applicable solely to such authorized Work. CMAR shall at the same time submit to Owner’s Advisor the CMAR’s proposed punch list of items to be completed or corrected before such authorized Work is deemed complete. 355 General Conditions 00_72_25-67 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 2. CMAR, Owner, Owner’s Advisor, and Engineer will follow the procedures of Paragraphs 15.04.A, B, C, E, and F for such authorized Work. The terms of Paragraph 15.04.D are not applicable to the determination of Substantial Completion of the Work authorized under a Work Authorization. 3. Until Substantial Completion of the entire Work under this Contract under Paragraph 15.04, such authorized Work will not be eligible for Owner’s use or occupancy, unless otherwise eligible for partial use or occupancy under Paragraph 15.05.A; the determination of a date of Substantial Completion for such authorized Work will not mark the commencement of the contractual correction period and applicable warranties required by the Contract for such authorized Work; and the authorized Work will remain the responsibility of CMAR. 15.06 Final Inspection A. Upon written notice from CMAR that the entire Work or an agreed portion thereof is complete, Owner’s Advisor will promptly make a final inspection with Owner, Engineer, and CMAR and will notify CMAR in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. CMAR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.07 Final Payment A. Application for Final Payment 1. After Owner’s Advisor, in consultation with Engineer, determines that CMAR has (a) satisfactorily completed all corrections identified during the final inspection, (b) has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents, as provided in Paragraph 7.15, and other documents, and (c) completed performance of all services required by the Contract, CMAR may make application for final payment. 2. The final Application for Payment must be accompanied, except as previously delivered by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects or will so pass upon final payment; d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers, satisfactory to Owner, of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.07.A.2 and as approved by Owner, CMAR may furnish receipts or releases in full and an affidavit of CMAR that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way 356 General Conditions 00_72_25-68 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CMAR may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to CMAR and specified Subcontractors and Suppliers. B. Owner’s Advisor’s Review of Final Application and Recommendation of Payment—If, on the basis of Owner’s Advisor’s observation of the Work during construction and final inspection, consultation with Engineer regarding completion, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner’s Advisor is satisfied that CMAR has completed the Work and fulfilled CMAR’s other obligations under the Contract, Owner’s Advisor will, within 10 days after receipt of the final Application for Payment, indicate in writing Owner’s Advisor’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set- offs against payment that are necessary in Owner’s Advisor’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Owner’s Advisor will return the Application for Payment to CMAR, indicating in writing the reasons for refusing to recommend final payment, in which case CMAR shall make the necessary corrections and complete the Work and all remaining services, and resubmit the Application for Payment. C. Notice of Acceptability of the Work—In support of its recommendation of payment of the final Application for Payment, Owner’s Advisor, with Engineer’s express approval, will also give written notice to Owner and CMAR that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.08. D. Completion of Work—The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the Owner’s Advisor’s written recommendation of final payment and issuance of Notice of Acceptability of the Work. E. Final Payment Becomes Due—Upon receipt from Owner’s Advisor of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Owner’s Advisor for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to CMAR within 30 days of Owner’s receipt of the final Application for Payment from Owner’s Advisor. 15.08 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by CMAR, except as set forth in an outstanding Claim, appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by CMAR will constitute a waiver by CMAR of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim or appealed under the provisions of Article 17. 15.09 Correction Period A. Scheduled Correction Period Inspection—Within one month before the end of the Contract’s correction period, CMAR will participate in an inspection of the Work with the Owner, Owner’s Advisor, and Engineer to ascertain whether any portion of the 357 General Conditions 00_72_25-69 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by CMAR. B. If within one year after the date of Substantial Completion, or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents, Owner gives CMAR written notice that any Work has been found to be defective, whether as a result of the scheduled correction period inspection or otherwise, or that CMAR’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect CMAR shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. return to the Site with Owner, Owner’s Advisor and Engineer to inspect any apparent or discovered defects in the Work, or unrepaired damage to the Site or adjacent areas; 2. consult with Owner’s Advisor and Engineer regarding recommendations as to replacement or correction of such defective Work, or the repair of any damage; 3. correct the defective repairs to the Site or such adjacent areas; 4. correct such defective Work; 5. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 6. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. C. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.20.B. D. If, after receipt of a notice of defect within 60 days and within the correction period, CMAR does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. CMAR shall pay all costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to such correction or repair or such removal and replacement, including but not limited to all costs of repair or replacement of work of others. CMAR’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. E. In special circumstances where a particular Item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that Item may start to run from an earlier date if so provided in the Specifications. F. Where defective Work, and damage to other Work resulting therefrom, has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one 358 General Conditions 00_72_25-70 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) year after such correction or removal and replacement has been satisfactorily completed. G. CMAR’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION AND TERMINATION 16.01 Owner May Suspend CMAR Services or Work A. At any time and without cause, Owner may suspend the CMAR Services or the Work, or any portion thereof, for a period of not more than 90 consecutive days by written notice to CMAR and Owner’s Advisor. Such notice will fix the date on which CMAR Services or Work will be resumed. CMAR shall resume the CMAR Services or Work on the date so fixed. CMAR shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. With respect to a suspension of the Work, any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by CMAR and justify termination for cause: 1. CMAR’s persistent failure to perform the Work in accordance with the Contract Documents, including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule; 2. Failure of CMAR to perform or otherwise to comply with a material term of the Contract Documents; 3. CMAR’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. CMAR’s repeated disregard of the authority of Owner, Owner’s Advisor or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving CMAR and any surety 10 days’ written notice that Owner is considering a declaration that CMAR is in default and termination of the Contract, Owner may proceed to: 1. declare CMAR to be in default, and give CMAR, and any surety, written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude CMAR from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid CMAR but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if CMAR within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. 359 General Conditions 00_72_25-71 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) E. If Owner proceeds as provided in Paragraph 16.02.B, CMAR shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages, including but not limited to all fees and charges of Owner’s Advisors, engineers, architects, attorneys, and other professionals, sustained by Owner, such excess will be paid to CMAR. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, CMAR shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Owner’s Advisor as to their reasonableness and, when so approved by Owner’s Advisor, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where CMAR’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against CMAR then existing or which may thereafter accrue, or any rights or remedies of Owner against CMAR or any surety under any payment bond or performance bond. Any retention or payment of money due CMAR by Owner will not release CMAR from liability. G. If and to the extent that CMAR has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 days’ written notice to CMAR and Owner’s Advisor, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, CMAR shall be paid for without duplication of any items: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. CMAR shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 CMAR May Stop Work or Terminate A. If, through no act or fault of CMAR, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Owner’s Advisor fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay CMAR any sum finally determined to be due, then CMAR may, upon 7 days’ written notice to Owner and Owner’s Advisor, and provided Owner or Owner’s Advisor do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. 360 General Conditions 00_72_25-72 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Owner’s Advisor has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay CMAR any sum finally determined to be due, CMAR may, 7 days after written notice to Owner and Owner’s Advisor, stop the Work until payment is made of all such amounts due CMAR, including interest thereon. The provisions of this paragraph are not intended to preclude CMAR from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CMAR’s stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution—The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and CMAR concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B. Final Resolution of Disputes—For any dispute subject to resolution under this article, Owner or CMAR may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Owner’s Advisor, CMAR, or Engineer when required, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient’s place of business; 2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. 18.02 Computation of Times A. When any period is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls 361 General Conditions 00_72_25-73 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner, Owner’s Advisor, nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to CMAR for any claims, costs, losses, or damages sustained by CMAR on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of CMAR. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent, except to the extent that the effect of this restriction may be limited by law, and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and CMAR each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 362 General Conditions 00_72_25-74 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_72_25 (B - PCL) 18.10 Headings A. Article and Paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 363 This document is a MODIFIED version of EJCDC® CMAR-800, Copyright© 2023 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Supplementary Conditions 00_73_25-1 Project No. 202853 November 2024 pw://Carollo/Documents/Error! Unknown document property name./Error! Unknown document property name. (Error! Unknown document property name.) SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION MANAGER AT RISK CONTRACT TABLE OF CONTENTS Page ARTICLE 1 — DEFINITIONS AND TERMINOLOGY .................................................................. 2 ARTICLE 2 — PRELIMINARY MATTERS ................................................................................. 2 ARTICLE 3 — CONTRACT DOCUMENTS—INTENT, REQUIREMENTS, REUSE .................... 3 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ..................................... 3 ARTICLE 5 — SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS .............................................................................................. 3 ARTICLE 6 — BONDS AND INSURANCE ................................................................................ 5 ARTICLE 7 — CMAR’S RESPONSIBILITIES .......................................................................... 10 ARTICLE 8 — OTHER WORK AT THE SITE ........................................................................... 12 ARTICLE 9 — OWNER’S RESPONSIBILITIES ....................................................................... 12 ARTICLE 10 — STATUS OF OWNER’S ADVISOR AND ENGINEER DURING CONSTRUCTION ..................................................................................................................... 12 ARTICLE 11 — CHANGES TO THE CONTRACT ................................................................... 12 ARTICLE 12 — CLAIMS .......................................................................................................... 13 ARTICLE 13 — ALLOWANCES; UNIT PRICE WORK ............................................................ 13 ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ............................................................................................................ 13 ARTICLE 15 — PAYMENTS TO CMAR; SET OFFS; COMPLETION; CORRECTION PERIOD ........................................................................................................... 14 ARTICLE 16 — SUSPENSION AND TERMINATION ............................................................... 15 ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ............................................................. 15 ARTICLE 18 — MISCELLANEOUS ......................................................................................... 15 364 Supplementary Conditions 00_73_25-2 Project No. 202853 November 2024October 2024 pw://Carollo/Documents/Error! Unknown document property name./Error! Unknown document property name. (Error! Unknown document property name.) These Supplementary Conditions amend or supplement EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract (2023). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added: for example, “Paragraph SC-4.05” references modifications to General Conditions Paragraph 4.05. ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms SC-1.01 Add to Paragraph 1.01.A by inserting the following as new numbered items in their proper alphabetical positions: Or Equal: Alternate product that does not affect Contract Time, Estimated Guaranteed Maximum Price, or Contract Scope. Substitution: Alternate product that requires a Change Order to adjust the Contract Time, Estimated Guaranteed Maximum Price, or Contract Scope. Technical Sections: Project specifications in CSI MasterFormat® Division 02 and higher. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place: B. Evidence of CMAR’s Insurance—When CMAR delivers the signed counterparts of the Agreement to Owner, CMAR shall also deliver to Owner copies of the policies, including all endorsements, and identification of applicable self-insured retentions and deductibles, of insurance required to be provided by CMAR in this Contract (other than insurance such as builder’s risk that is required at a later date). CMAR may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. C. Evidence of Owner’s Insurance—After receipt from CMAR of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to CMAR copies of the policies of insurance to be provided by Owner in this Contract, if any. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. 365 Supplementary Conditions 00_73_25-3 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) SC-2.01 Delete Paragraph 2.01.C. in its entirety. 2.02 Copies of Documents SC-2.02 Amend the first sentence of Paragraph 2.02.A. to read as follows: “Owner shall furnish to CMAR one printed copy of the Contract Documents, including one fully signed counterpart of the Agreement, and one copy in electronic portable document format (PDF).” ARTICLE 3 — CONTRACT DOCUMENTS—INTENT, REQUIREMENTS, REUSE 3.01 Intent SC-3.01 Add the following new subparagraph after Paragraph 3.01.A: 1. Requirements stated in the following CSI MasterFormat® divisions apply to the Technical Sections. a. Division 00 - Procurement and Contracting Requirements, from Document 00_50_00 and higher. b. Division 01 - General Requirements. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.05 Delays in CMAR’s Progress SC-4.05 In Paragraph 4.05.A, replace “shall” with “may” in the third (3rd) line. SC-4.05 In Paragraph 4.05.C, replace “shall” with “may” in the third (3rd) line. SC-4.05 Add the following new subparagraph after Paragraph 4.05.C.4: 5. Weather-Related Delays: a. The CMAR shall anticipate 60 days of foreseeable bad weather days during the construction period. No extension in construction Contract Time will be allowed for the first 60 working days lost due to bad weather conditions as specified in SC-11.08. b. The existence of abnormal weather conditions will not relieve CMAR of the obligation to demonstrate and document that delays caused by abnormal weather are specific to the planned work activities or that such activities thus delayed were on CMAR’s then-current Progress Schedule’s critical path for the Project. ARTICLE 5 — SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands SC-5.01 Add the following language at the end of the last sentence of Paragraph 5.01.A: Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CMAR and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Estimated Guaranteed Maximum Price or Contract Times, or both, as a result of any delay in 366 Supplementary Conditions 00_73_25-4 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) Owner’s furnishing the Site or a part thereof, CMAR may request an amendment to the Contract Documents as provided in Article 11. SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Any Work performed in public rights-of-way, in addition to conforming to the Contract Documents, shall be done in accordance with the requirements of the permit issued by the public agency in whose right-of-way the Work is located. 5.02. Use of Site and Other Areas SC-5.02 In Paragraph 5.02.A.2, delete “or arbitration” from the fourteenth (14th) line. 5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.G: H. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that are provided as supplemental information and contain no Technical Data. These are not Contract Documents: Report Title Date of Report None. I. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that are provided as supplemental information and contain no Technical Data. These are not Contract Documents: Drawings Title Date of Drawings None. 5.04 Differing Subsurface or Physical Conditions SC-5.04 In Paragraph 5.04.E.1, replace “shall” with “may” in the first (1st) line. 5.05 Underground Facilities SC-5.05 In Paragraph 5.05.F.1, replace “shall” with “may” in the first (1st) line. SC-5.05 Delete Paragraph 5.05.F.4 in its entirety and insert the following in its place: 4. The information and data shown or indicated on the Drawings listed in the following table with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with industry best practices. If such 367 Supplementary Conditions 00_73_25-5 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) information or data is incorrect or incomplete, CMAR’s remedies are limited to those set forth in this Paragraph. Drawings Title Date of Drawings None 5.06 Hazardous Environmental Conditions SC-5.06 In Paragraph 5.06.I, delete “arbitration” from the seventh (7th) line. SC-5.06 In Paragraph 5.06.J, delete “arbitration” from the sixth (6th) line. SC-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3: 4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site and are provided as supplemental information and contain no Technical Data. These are not Contract Documents: Report Title Date of Report None 5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, are provided as supplemental information and contain no Technical Data. These are not Contract Documents: Drawings Title Date of Drawings None ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.C: 1. Required Performance Bond Form: The performance bond that CMAR furnishes will be in the form of Document 00_61_10 - Performance Bond. 2. Required Payment Bond Form: The payment bond that CMAR furnishes will be in the form of Document 00_61_15 - Payment Bond. 3. The performance and payment bonds shall be issued by a corporate surety authorized to issue performance and payment bonds in the state of Texas. Further, the Contractor shall supply to the Owner all capital and surplus information concerning the surety and all reinsurance information concerning the performance and payment bonds upon Owner request. SC-6.01 Add the following new paragraphs immediately after Paragraph 6.01.B: 1. CMAR shall furnish a fully executed warranty bond issued in the form of Document 00_61_12 - Warranty Bond prior to or with the final application for payment, and in any event no later than 11 months after Substantial Completion. 368 Supplementary Conditions 00_73_25-6 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) 2. The warranty bond must be in a bond amount of 5 percent of the final Estimated Guaranteed Maximum Price. 3. The warranty bond period will extend to the end of the correction period, as specified in SC 15.09.H. 4. The warranty bond must be issued by the same surety that issues the performance bond. 6.02 Insurance—General Provisions SC-6.02 Add the following paragraph immediately after Paragraph 6.02.B: 1. CMAR may obtain worker’s compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the Project is located, (b) is certified or authorized as a worker’s compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker’s compensation insurance for similar projects by the state within the last 12 months. SC-6.02 Delete Paragraph 6.02.E. in its entirety. SC-6.02 In Paragraph 6.02.K, replace “will” with “may” in the fourth (4th) line. 6.03. CMAR’s Insurance SC-6.03 Add the following new paragraphs immediately after Paragraph 6.03.C: D. Workers’ Compensation and Employer’s Liability—CMAR shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation, from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions. Workers’ Compensation and Related Policies Policy limits of not less than: Workers’ Compensation State Statutory Applicable Federal (e.g., Longshoreman’s) Statutory Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable Statutory 1. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code, Title 28, Section 110.110 entitled ''Reporting Requirements for Building or Construction Project for Governmental Entities." Under Section 110.110: (1) certain language must be included in this Agreement and in the Contractor's contracts with subcontractors and others relating to the Work, (2) the Contractor is required to submit to the City certificates of coverage for its employees and for all others providing services relating to the Work until the project Work is completed, and (3) the Contractor is required to post certain notices at job sites. 369 Supplementary Conditions 00_73_25-7 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) E. Commercial General Liability—Claims Covered—CMAR shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of CMAR, on an occurrence basis, against claims for: 1. damages because of bodily injury, sickness or disease, or death of any person other than CMAR’s employees, 2. damages insured by reasonably available personal injury liability coverage, and 3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. F. Commercial General Liability—Form and Content. CMAR’s commercial liability policy must be written in a 1996, or later, Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage. a. Such insurance must be maintained for three years after final payment. b. CMAR shall furnish Owner and each other additional insured, as identified in the Supplementary Conditions or elsewhere in the Contract, evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, including but not limited to coverage of CMAR’s contractual indemnity obligations in Paragraph 7.21. 3. Severability of interests and no insured-versus-insured or cross-liability exclusions. 4. Underground, explosion, and collapse coverage. 5. Personal injury coverage. 6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through both ISO Endorsements CG 20 10 04 13 and CG 20 37 04 13. For design professional additional insureds, ISO Endorsement CG 20 32 04 13 “Additional Insured: Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. G. Commercial General Liability—Excluded Content. The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following: 1. Any modification of the standard ISO definition of “insured contract,” except to delete the railroad protective liability exclusion if CMAR is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property. 2. Any exclusion for water intrusion or water damage. 3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01. 4. Any exclusion of coverage relating to earth subsidence or movement. 5. Any exclusion for the CMAR’s vicarious liability, strict liability, or statutory liability, other than worker’s compensation. 6. Any limitation or exclusion based on the nature of CMAR’s work. 370 Supplementary Conditions 00_73_25-8 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) 7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79. H. Commercial General Liability—Minimum Policy Limits Commercial General Liability Policy limits of not less than: General Aggregate $ 4,000,000.00 Products—Completed Operations Aggregate $ 4,000,000.00 Personal and Advertising Injury $ 4,000,000.00 Bodily Injury and Property Damage—Each Occurrence $ 2,000,000,00 I. Automobile Liability—CMAR shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis. Automobile Liability Policy limits of not less than: Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $ 1,000,000.00 J. Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit Requirements: CMAR may not meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy. Umbrella or Excess Liability Policy limits of not less than: Coverage, minimum $ 4,000,000.00 K. CMAR’s Professional Liability Insurance—CMAR shall purchase and maintain professional liability insurance. This insurance must cover negligent acts, errors, or omissions in the performance of professional design or related services by CMAR or by others for whom CMAR is legally liable. The insurance must be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. The retroactive date on the policy must pre-date the commencement of furnishing services on the Project. CMAR’s Professional Liability Policy limits of not less than: Each Claim $ 1,000,000.00 Annual Aggregate $ 1,000,000.00 371 Supplementary Conditions 00_73_25-9 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) 6.04 Builder’s Risk and Other Property Insurance SC-6.04 Delete Paragraph 6.04.A and insert the following in its place: A. Owner shall purchase and maintain builder’s risk insurance covering the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost, subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations. The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. SC-6.04 Add the following new paragraphs immediately after Paragraph 6.04.E: F. Builder’s Risk Requirements—The builder’s risk insurance must: 1. be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following perils: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage, other than that caused by flood. a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions. b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and CMAR. 2. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner- furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 3. cover expenses incurred in the repair or replacement of any insured property, including but not limited to fees and charges of contractors, owners representatives, engineers, and architects. 4. allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract. 5. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage. 372 Supplementary Conditions 00_73_25-10 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) 6. include performance/hot testing and start-up, if applicable. 7. be maintained in effect until the Work is complete, as set forth in Paragraph 15.07.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first. 8. include as named insureds the Owner, CMAR, Subcontractors of every tier, and any other individuals or entities required by this Contract to be insured under such builder’s risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as “insureds.” 9. The party responsible for purchasing and maintaining the builder’s risk insurance is responsible for insurable losses in excess of the coverage limits. a. when purchasing the builder’s risk policy obtain an “escalation costs” coverage extension of 5 percent of the replacement cost limit, to increase the policy limit if the project value increases. ARTICLE 7 — CMAR’S RESPONSIBILITIES 7.06 Labor; Working Hours SC-7.06 Add the following new paragraph immediately after Paragraph 7.06.D: E. CMAR shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for OA’s or Engineer’s services, including but not limited to, construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular workday. If CMAR is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. 7.10 Concerning Subcontractors and Suppliers SC-7.10 In Paragraph 7.10.G, replace “shall” with “may” in the second (2nd) line. 7.11 Patent Fees and Royalties SC-7.11 In Paragraph 7.11.B, delete “or arbitration” from the fifth (5th) and sixth (6th) lines. SC-7.11 In Paragraph 7.11.C, delete “or arbitration” from the sixth (6th) line. 7.12 Permits SC-7.12 Add the following new paragraphs immediately after paragraph 7.12.A: B. Storm Water Pollution Prevention Plan (SWPPP). 1. Owner has a current Storm Water Pollution Prevention Plan (SWPPP). 2. CMAR will provide the following information for the construction project site specific activity related to storm water: a. Updated procedures, schedule, and area. 373 Supplementary Conditions 00_73_25-11 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) b. Updated drawings. 3. CMAR responsibilities: a. Compliance with the SWPPP. b. Costs associated with complying with the SWPPP. 7.13 Taxes SC-7.13 Add a new paragraph immediately after Paragraph 7.13.A: B. Owner is exempt from payment of sales and compensating use taxes of the State of Texas and of cities and counties thereof on all materials to be incorporated into the Work. 1. Owner will furnish the required certificates of tax exemption to CMAR for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by CMAR, or to supplies or materials not incorporated into the Work. 7.14 Laws and Regulations SC-7.14 Add the following new paragraph immediately after Paragraph 7.14.D: E. CMAR's Continuing Obligation: CMAR's obligation to perform services in connection herewith will be in accordance with Texas Uniform Commercial Code. 7.20 CMAR’s General Warranty and Guarantee SC-7.20 Delete paragraph 7.20.B. and subparagraphs in their entirely and insert the following in its place: B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. 7.21 Indemnification SC-7.21 Delete Paragraph 7.21.A in its entirety and insert the following in its place: A. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CMAR UNDER THE CONTRACT OR OTHERWISE, CMAR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, OWNER’S ADVISOR, AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM LOSSES, DAMAGES, COSTS, AND JUDGMENTS, INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS, AND ALL COURT OR OTHER DISPUTE RESOLUTION COSTS, ARISING FROM THIRD-PARTY CLAIMS OR ACTIONS RELATING TO OR RESULTING FROM THE PERFORMANCE OR FURNISHING OF CMAR SERVICES OR THE WORK, PROVIDED THAT ANY SUCH CLAIM, ACTION, LOSS, COST, JUDGMENT OR DAMAGE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR TO DAMAGE TO OR DESTRUCTION OF TANGIBLE PROPERTY, OTHER THAN THE WORK ITSELF, INCLUDING THE LOSS OF USE RESULTING THEREFROM, BUT ONLY TO THE 374 Supplementary Conditions 00_73_25-12 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) EXTENT CAUSED BY ANY ACT OR OMISSION OF CMAR, ANY SUBCONTRACTOR, ANY SUPPLIER, SUBCONSULTANT, OR ANY INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM ANY OF THE CMAR SERVICES OR WORK, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. 7.22 Delegation of Professional Design Services SC-7.22 Add the following new subparagraph immediately after 7.22.A. 1. Where the technical specs require the Contractor to provide professional design services and to submit signed and sealed documents from a registered professional engineer, such Work is “Delegated Design”. ARTICLE 8 — OTHER WORK AT THE SITE 8.03 Legal Relationships SC-8.03 In Paragraph 8.03.A, replace “shall” with “may” in the sixth (6th) line. ARTICLE 9 — OWNER’S RESPONSIBILITIES No suggested Supplementary Conditions in this Article. ARTICLE 10 — STATUS OF OWNER’S ADVISOR AND ENGINEER DURING CONSTRUCTION No suggested Supplementary Conditions in this Article. ARTICLE 11 — CHANGES TO THE CONTRACT 11.02 Change Orders SC-11.02 Insert the following new subparagraphs immediately following Paragraph 11.02.A.4: 5. In signing a Change Order, the Owner and CMAR acknowledge and agree that: a. the stipulated compensation (Contract Price or Contract Times, or both) set forth in the Change Order includes not only all direct costs of CMAR such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material or other escalation which includes wages and other impact costs. This Document will become a supplement to the Contract and all Contract provisions will apply hereto. It is understood that this Change Order shall be effective on the date approved by the City Council; b. the Change Order constitutes full mutual accord and satisfaction for the change to the Work; c. no reservation of rights to pursue subsequent claims on the Change Order will be made by either party; and d. no subsequent claim or amendment of the Contract Documents will arise out of or as a result of the Change Order. 375 Supplementary Conditions 00_73_25-13 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) SC-11.02 Delete Paragraph 11.02.B in its entirety and replace it with the following: B. If Owner or CMAR refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be a dispute subject to resolution under Article 17. 11.08 Change of Contract Times SC-11.08 Insert the following new subparagraph following Paragraph 11.08.B: C. Weather Days: 1. The Contract Time includes a weather day allowance of 60 working days. No extension in Contract Time will be allowed for the first 60 working days lost due to weather conditions. ARTICLE 12 — CLAIMS No suggested Supplementary Conditions in this Article. ARTICLE 13 — ALLOWANCES; UNIT PRICE WORK 13.02 Unit Price Work SC-13.02 Delete Paragraph 13.02.E in its entirety and insert the following in its place: E. Adjustments in Unit Price 1. CMAR or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the extended price of a particular item of Unit Price Work amounts to 10 percent or more of the Guaranteed Maximum Price based on estimated quantities at the time of Contract formation and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by CMAR differs by more than 10 percent from the estimated quantity of such item indicated in the Agreement; and b. CMAR’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in CMAR’s costs to perform such other Work, such that the resulting overall change in Guaranteed Maximum Price is equitable to Owner and CMAR. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK No suggested Supplementary Conditions in this Article. 376 Supplementary Conditions 00_73_25-14 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) ARTICLE 15 — PAYMENTS TO CMAR; SET OFFS; COMPLETION; CORRECTION PERIOD 15.02 Progress Payments SC-15.02 Delete Paragraph 15.02.B.1 in its entirety and insert the following in its place: 1. At least 30 days before the date established in the Agreement for each progress payment (but not more often than once a month), CMAR shall submit to Owner’s Advisor for review an Application for Payment filled out and signed by CMAR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. a. Payments for stored materials and equipment shall be based only upon the actual cost of the materials and equipment to CMAR and shall not include any overhead or profit to CMAR. Partial payments will not be made for undelivered materials or equipment, except for payments associated with prepurchase vendor contracts initiated by Owner and assigned to CMAR. 15.04 Substantial Completion SC-15.04 Add the following to the end of Paragraph 15.04.B: If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by OA and Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, will be paid by CMAR to Owner. If CMAR does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. 15.09 Correction Period SC-15.09 Delete Paragraph 15.09.C. in its entirety and insert the following in its place: C. If, after receipt of a notice of defect CMAR does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. CMAR shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). CMAR’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. SC-15.09 Add the following new Paragraph 15.09.H: H. The correction period specified as 1 year after the date of Substantial Completion in Paragraph 15.09.A of the General Conditions is hereby revised to be the number of years set forth in SC-6.01.B.1; or if no such revision has been made in SC-6.01.B, then the correction period is hereby specified to be 2 years after Substantial Completion. 377 Supplementary Conditions 00_73_25-15 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) ARTICLE 16 — SUSPENSION AND TERMINATION 16.01 Owner May Suspend CMAR Services or Work SC-16.01 In Paragraph 16.01.A, replace “shall” with “may” in the fifth (5th) line. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.02 Dispute Resolution SC-17.02 Add the following new paragraph immediately after Paragraph 17.01: 17.02 Dispute Resolution A. Any claim, dispute or other matter in question arising out of or related to this Contract shall be subject to mediation as a condition precedent to any legal action. The Owner and CMAR shall endeavor to resolve claims, disputes and other matters in question between them in accordance with the provisions of this Contract, as may be applicable, or informally, and second, by mediation. A request for mediation shall be made in writing and delivered to the other Party to this Contract. The Parties shall have 15 days after receipt of a request for mediation to agree on a mediator. If the Parties are unable to agree on a mediator within 15 days, each Party shall have an additional 5 days to designate a mediator. The two mediators so designated shall then designate a third unbiased mediator who shall be the mediator to conduct the mediation. The decision of the mediator shall be non-binding. 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. If the Parties do not resolve a dispute through mediation pursuant to this paragraph, then the Parties may pursue litigation in a court of competent jurisdiction as the agreed upon method of binding dispute resolution. ARTICLE 18 — MISCELLANEOUS 18.07 Controlling Law SC-18.07 Add the following to the end of 18.07.A: and exclusive venue for any dispute shall be in any court of competent jurisdiction in Denton County, Texas. 18.08 Assignment of Contract SC-18.08 In Paragraph 18.08.A, add “prior” before “written” in the third (3rd) line. SC-18.11 Add the following new paragraph immediately after Paragraph 18.10: 18.11 Wages and Labor A. CMAR shall pay not less than the prevailing rate of per diem wages in accordance with Texas Government Code, Section 2250.022. 18.12 Waiver of Consequential Damages Notwithstanding any provision to the contrary in this Agreement, the CMAR and Owner waive claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes, but is not limited to: (i) damages incurred 378 Supplementary Conditions 00_73_25-16 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_73_25_v2.docx (A) by the Owner (which for purposes of this waiver includes any related or affiliated person or entity) for rental expenses, for losses of use, for loss of income, revenue or profit, for financing costs or loss of financing, for impact to business and reputation, for additional taxes, interest, penalties and insurance, for diminution in value of property, for loss of management or employee productivity or of the services of such persons, and for any third party claims involving damages incurred by any third party which would be considered consequential damages hereunder or liquidated damages arising from or in connection with any agreements or contracts the Owner has with such third parties; and (ii) damages incurred by the CMAR for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the services provided pursuant to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages regardless of cause and applies to any claim regardless of whether arising in tort, contract, default, warranty, indemnity or otherwise, or due to termination of this Agreement. END OF DOCUMENT 379 PROPOSAL BOND 380 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 381 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 382 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 383 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 384 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 385 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 386 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 387 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 388 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 389 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 390 STEWART CREEK WWTP CMAR ‐ EXPANSION PHASE 2B – EXPANSION TO 6.3 MGD 391 This document is a MODIFIED version of EJCDC® C-610, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Performance Bond 00_61_10-1 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_10 DOCUMENT 00_61_10 PERFORMANCE BOND Contractor Surety Name: Name: Address (principal place of business): Address (principal place of business): Owner Contract Name: City of The Colony, Texas Description (name and location): Mailing address (principal place of business): Stewart Creek WWTP Expansion Phase 2B - Expansion to 6.3 MGD 6800 Main St. The Colony, TX 75056 Contract Price: Effective Date of Contract: Bond Bond Amount: Date of Bond: (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☐ None ☐ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: 392 Performance Bond 00_61_10-2 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_10 Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. 393 Performance Bond 00_61_10-3 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_10 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated in this Document by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after: 3.1. Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within 5 business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within 10 business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2. Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 394 Performance Bond 00_61_10-4 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_10 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond 7 days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within 2 years after a declaration of Contractor Default or within 2 years after the Contractor ceased working or within 2 years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting 395 Performance Bond 00_61_10-5 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_10 with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated in this Document. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Now, therefore, the condition of this obligation is such, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the Agreement during the original term of the Agreement and any extension of the Agreement, with or without notice to the Surety, and during the life of any guaranty required under the Agreement, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the Agreement that may hereafter be made, notice of which modifications to the Surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect. 15. Provided, however, that this bond is executed pursuant to the provisions of Arizona Revised Statutes, Title 34, Chapter 2, Article 2 and all liabilities on this bond shall be determined in accordance with the provisions of Arizona Revised Statutes, Title 34, Chapter 2, Article 2 to the extent as if it were copied at length in this Agreement. 16. Provided, however, that this bond is executed in accordance with Nevada NRS, Section 339 et seq., and all liabilities on this bond shall be determined in accordance with Nevada NRS, Section 339 et seq., to the extent as if it were copied at length in this Agreement. 17. Provided, however, that this bond is executed in accordance with Texas Government Code, Chapter 2253 and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length in this Document. 18. Provided, however, that this bond is executed in accordance with Utah Code, Section 14-1- 18 and Utah Code, Section 63G-6-505, as amended, and all liabilities on this bond shall be determined in accordance with Utah Code, Section 14-1-18 and Utah Code, Section 63G-6- 505, as amended, to the extent as if it were copied at length in this Agreement. 19. Definitions: 19.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 19.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 19.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 19.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 19.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 20. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 396 Performance Bond 00_61_10-6 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_10 21. Modifications to this Bond are as follows: None. END OF DOCUMENT 397 This document is a MODIFIED version of EJCDC® C‑615, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Payment Bond 00_61_15-1 Project No. 202853 November 2024T pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_15 DOCUMENT 00_61_15 PAYMENT BOND Contractor Surety Name: Name: Address (principal place of business): Address (principal place of business): Owner Contract Name: City of The Colony, Texas Description (name and location): Mailing address (principal place of business): Stewart Creek WWTP Expansion Phase 2B - Expansion to 6.3 MGD 6800 Main St. The Colony, TX 75056 Contract Price: Effective Date of Contract: Bond Bond Amount: Date of Bond: (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☐ None ☐ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. 398 Payment Bond 00_61_15-2 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_15 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non- payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 399 Payment Bond 00_61_15-3 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_15 8. The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. Claim—A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor, materials, or equipment furnished; 400 Payment Bond 00_61_15-4 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_15 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant; and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: None. 19. This Bond is in accordance with Arizona ARS, Section 34-222.F. 20. This Bond is in accordance with Nevada NRS, Section 339 et seq. 21. This Bond is in accordance with Texas Government Code, Chapter 2253, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. 22. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the plans, Specifications or Drawings accompanying the same, shall in anywise 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, or to the Work to be performed thereunder. 23. The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling their toll-free number: (800) 252-3439. 24. This Bond is in accordance with Utah Code, Section 14-1-18, Section 14-1-19, and Utah Code, Section 63G-6-505. 401 Payment Bond 00_61_15-5 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_15 END OF DOCUMENT 402 Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Warranty Bond 00_61_12-1 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_12 DOCUMENT 00_61_12 WARRANTY BOND Contractor Surety Name: Name: Address (principal place of business): Address (principal place of business): Owner Construction Contract Name: City of The Colony, Texas Description (name and location): Address (principal place of business): Stewart Creek WWTP Expansion Phase 2B - Expansion to 6.3 MGD 6800 Main St. The Colony, TX 75056 Contract Price: Effective Date of Contract: Contract’s Date of Substantial Completion: Bond Bond Amount: Bond Period: Commencing 364 days after Substantial Completion of the Work under the Construction Contract, and continuing until 2 years after such Substantial Completion. Date of Bond: Modifications to this Bond form: ☐ None ☐ See Paragraph 9 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Document, do each cause this Warranty Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature) (Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) 403 Warranty Bond 00_61_12-2 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_12 Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. 404 Warranty Bond 00_61_12-3 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_61_12 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract’s Correction Period Obligations. The Construction Contract is incorporated in this Document by reference. 2. If the Contractor performs the Correction Period Obligations, the Surety and the Contractor shall have no obligation under this Warranty Bond. 3. If Owner gives written notice to Contractor and Surety during the Bond Period of Contractor’s obligation under the Correction Period Obligations, and Contractor does not fulfill such obligation, then Surety shall be responsible for fulfillment of such Correction Period Obligations. Surety shall either fulfill the Correction Period Obligations itself, through its agents or contractors, or, in the alternative, Surety may waive the right to fulfill the Correction Period Obligations itself, and reimburse the Owner for all resulting costs incurred by Owner in performing Contractor’s Correction Period Obligations, including but not limited to correction, removal, replacement, and repair costs. 4. The Surety’s liability is limited to the amount of this Warranty Bond. Renewal or continuation of the Warranty Bond will not modify such amount, unless expressly agreed to by Surety in writing. 5. The Surety shall have no liability under this Warranty Bond for obligations of the Contractor that are unrelated to the Construction Contract. No right of action will accrue on this Warranty Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 6. Any proceeding, legal or equitable, under this Warranty Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and must be instituted within 2 years after the Surety refuses or fails to perform its obligations under this Warranty Bond. 7. Written notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown in this Warranty Bond. 8. Definitions: 8.1. Construction Contract—The agreement between the Owner and Contractor identified on the cover page of this Warranty Bond, including all Contract Documents and changes made to the agreement and the Contract Documents. 8.2. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 8.3. Correction Period Obligations—The duties, responsibilities, commitments, and obligations of the Contractor with respect to correction or replacement of defective Work, as set forth in the Construction Contract’s Correction Period clause, Document 00_72_00 - General Conditions , Paragraph 15.08, as duly modified. 8.4. Substantial Completion—As defined in the Construction Contract. 8.5. Work—As defined in the Construction Contract. 9. Modifications to this Bond are as follows: None. END OF DOCUMENT 405 This document is a MODIFIED version of EJCDC® CMAR‑525, Copyright© 2023 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Agreement Between Owner and Construction Manager at Risk 00_52_35-i Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) DOCUMENT 00_52_35 AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AT RISK TABLE OF CONTENTS Page ARTICLE 1 — THE PROJECT ................................................................................................... 1 ARTICLE 2 — OWNER’S ADVISOR AND ENGINEER; OWNER’S PROJECT TEAM .............. 1 ARTICLE 3 — CMAR SERVICES .............................................................................................. 1 ARTICLE 4 — COMPENSATION FOR PERFORMANCE AND COMPLETION OF THE WORK . ................................................................................................................................ 3 ARTICLE 5 — CONSTRUCTION SUPPORT COSTS ................................................................ 3 ARTICLE 6 — COST OF THE WORK ........................................................................................ 6 ARTICLE 7 — CONSTRUCTION MANAGER AT RISK FEE ..................................................... 9 ARTICLE 8 — CMAR CONTINGENCY ALLOWANCE .............................................................. 9 ARTICLE 9 — WORK AUTHORIZATIONS .............................................................................. 11 ARTICLE 10 — PROCUREMENT OF SUBCONTRACTORS; CMAR SELF-PERFORMANCE OF AUTHORIZED WORK ........................................................................................................ 11 ARTICLE 11 — GUARANTEED MAXIMUM PRICE ................................................................. 11 ARTICLE 12 — OWNER’S CONTINGENCY ALLOWANCE .................................................... 14 ARTICLE 13 — PAYMENT PROCEDURES ............................................................................. 14 ARTICLE 14 — DOCUMENTATION AND AUDIT .................................................................... 15 ARTICLE 15 — CONTRACT TIMES ........................................................................................ 16 ARTICLE 16 — CONTRACT DOCUMENTS ............................................................................ 17 ARTICLE 17 — REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS ................. 17 406 Agreement Between Owner and Construction Manager at Risk 00_52_35-1 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) This Agreement is by and between City of The Colony (“Owner”) and [Name of Construction Manager at Risk] (“Construction Manager at Risk” or “CMAR”). Terms used in this Agreement have the meanings stated herein and in the General Conditions and the Supplementary Conditions. Owner and CMAR hereby agree as follows: ARTICLE 1 — THE PROJECT 1.01 The Project, of which the CMAR Services and the Work under the Contract Documents are a part, is generally described as follows: Stewart Creek WWTP CMAR - Expansion Phase 2B - Expansion to 6.3 MGD 62-24-16 Summary of Scope of Work: Expansion of the Stewart Creek WWTP from 4.5 mgd to 6.3 mgd average daily flow treatment capacity. Facilities include influent pump station with coarse screens, grit removal and fine screens, activates sludge aeration basins, aeration blower facility, clarifiers with associated sludge and scum pumping, cloth media filters, UV disinfection, new administration building, electrical building and power distribution, and all associated piping, utilities, paving, grading, sitework, and other requirements set out in the Contract Documents. ARTICLE 2 — OWNER’S ADVISOR AND ENGINEER; OWNER’S PROJECT TEAM 2.01 The Owner has retained Carollo Engineers, Inc. (Owner’s Advisor or OA) to act as Owner’s representative, assume all duties and responsibilities of advisor to Owner and construction contract administrator on behalf of Owner, and have the rights and authority assigned to Owner’s Advisor in the Contract. 2.02 The Owner has retained Carollo Engineers, Inc. (Engineer) to design the Project, to assume all duties and responsibilities of Engineer during the construction of the Project, and to have the rights and authority assigned to Engineer in the CMAR Contract. ARTICLE 3 — CMAR SERVICES 3.01 Scope of CMAR Services A. CMAR will perform the CMAR Services set forth in Exhibit A, Scope of CMAR Services, as authorized, and other specified CMAR Services as expressly set forth in a Contract Amendment. Services rendered by CMAR to meet its general construction and management obligations are not CMAR Services, and are not compensated as CMAR Services, unless expressly designated as such. 3.02 Basic Services, Additional Services, and Special Services A. Basic Services are CMAR Services (categorized as Preconstruction or Procurement) that are identified as Basic Services in Exhibit A. 3.03 Authorization to Provide CMAR Services A. CMAR is authorized by the execution of this Agreement to begin providing Basic Preconstruction Services set forth in Article 1 in Exhibit A, Scope of CMAR Services, as of the Effective Date of the Contract. 407 Agreement Between Owner and Construction Manager at Risk 00_52_35-2 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) B. CMAR shall provide Basic Procurement Services set forth in Article 3 in Exhibit A, Scope of CMAR Services, upon receipt of notice to commence such services from Owner or the Owner’s Advisor, or in a Contract Amendment establishing the scope and compensation for Procurement Services. C. All other CMAR Services, including Additional Preconstruction Services, Additional Procurement Services, and Special Services, if any, must be authorized by Owner or Owner’s Advisor. 3.04 Compensation for Basic CMAR Services A. Basic Preconstruction Services—Owner will compensate CMAR for Basic Preconstruction Services, provided per Article 1, Exhibit A—Scope of Work for CMAR Services, the lump sum (stipulated price) for the Price for CMAR Basic Preconstruction Services shown in Exhibit B Table 1, Compensation for CMAR Services. 3.05 Payment for CMAR Services A. Preparation and Submittal of Invoices 1. CMAR will prepare and submit invoices for CMAR Services to Owner’s Advisor on a monthly basis in a format acceptable to Owner’s Advisor. 2. CMAR may not submit invoices and is not entitled to compensation for Additional Services or Special Services unless Owner has authorized such services through execution of a Contract Amendment. 3. CMAR will provide documentation acceptable to the Owner to allow Owner to verify CMAR’s charges included in invoices. B. Payments 1. Payment for CMAR Services compensated on a Lump Sum (stipulated price) basis: a. The Lump Sum amount includes compensation for CMAR’s services, and services of CMAR Subconsultants, if any. Appropriate amounts are to be incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses, and other cost. b. The amount invoiced each billing period will be based on the CMAR's estimate of the percentage of the total CMAR Services completed during the billing period. c. The compensation paid to CMAR for Basic Services will not exceed the Lump Sum amount unless duly authorized by a Contract Amendment. 2. The amounts paid to CMAR under this Article are deemed to include full compensation for CMAR’s overhead and profit associated with such labor and expenses. C. Time of Payment 1. Owner will make payments for CMAR Services within 30 days after receiving an approved invoice from the Owner’s Advisor or Engineer. 2. If Owner fails to make any payment due CMAR for CMAR Services within 60 days after receipt of CMAR’s invoice, then: 408 Agreement Between Owner and Construction Manager at Risk 00_52_35-3 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) a. Amounts due CMAR will be increased at the rate of 1.0 percent per month, or the maximum rate of interest permitted by law, if less, from said 30th day; and b. CMAR may, after giving 7 days’ written notice to Owner, suspend services under this Agreement until Owner has paid all amounts due for services, expenses, and other related charges in full. Owner waives any and all claims against CMAR for this suspension. 3. Owner may withhold only the contested portions of an invoice and must pay the undisputed portion of the invoice. D. Compensation for CMAR Services discussed in Article 3 is not compensation for the Work and is not included in the GMP. No retainage will be withheld from payments of CMAR Services; however, such payments are subject to the set-off provisions in General Conditions Article 15. ARTICLE 4 — COMPENSATION FOR PERFORMANCE AND COMPLETION OF THE WORK 4.01 Owner shall compensate CMAR for performance and completion of the Work in accordance with the Contract Documents. Payment for Work will consist of the following: A. Payment for Construction Support Costs in accordance with Article 5, and as set forth in Exhibit B Table 1 lines 6-9; B. Payment for Cost of the Work as provided in Article 6; and C. Payment of a CMAR Fee as set forth in Article 7 and in Exhibit B Table 1. 4.02 This Agreement establishes a CMAR Contingency Allowance for use in paying for unforeseen costs as set forth in Article 8. 4.03 The amounts for CMAR’s compensation summarized in Paragraph 4.01 are subject to additions and deletions as provided in the Contract, up to limitations established in the Guaranteed Maximum Price (GMP) as provided in Article 11. ARTICLE 5 — CONSTRUCTION SUPPORT COSTS 5.01 Construction Support Costs A. Construction Support Costs (field overhead or “general conditions” costs) are those costs associated with and in support of construction that are not directly related to specific construction activities. Construction Support Costs are not compensable as Cost of the Work and must not be included by CMAR in proposed Work Authorizations submitted to the Owner for approval and issuance. Construction Support Costs include without limitation: 1. CMAR project management costs, including project managers, superintendents, field engineering staff, and clerical support located at the Site; 2. Management of Subcontractors and Suppliers; 3. Management of delegated professional design services, if any; 4. Costs associated with safety programs, including safety managers and safety representatives; 5. Quality management not specifically designated to be covered in a Work Authorization; 409 Agreement Between Owner and Construction Manager at Risk 00_52_35-4 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 6. Compliance with Laws and Regulations; 7. Taxes, other than those specifically designated to be covered in a Work Authorization; 8. Contract administration costs, including costs for: a. Meetings, reporting, notifications, and other communications and coordination, b. Document management, c. Submittals, record data, and other documentation, d. Creating and maintaining Project schedules per Article 4 of the General Conditions, e. Changes to the CMAR Contract per Article 11 of the General Conditions, f. Applications for Payment per Article 15 of the General Conditions, g. Maintenance of Record Documents, and h. Other contract administration costs included in the Contract Documents; 9. Performance, payment, and warranty bonds, if any, provided to cover the construction of the entire Project; 10. General insurance costs, excluding Builder’s Risk or other coverage that applies specifically to Work and specifically designated to be covered in a Work Authorization, and Worker’s Compensation Insurance which is to be included in payroll cost per Paragraph 6.02.A.1; 11. Costs associated with CMAR temporary facilities and temporary infrastructure at the Site; 12. The cost of purchasing, renting, or furnishing small tools and hand tools. These are defined as any tool or equipment whose current price, if purchased new at retail would be less than $1,500; 13. Costs for site maintenance, storage of materials, waste disposal, environmental controls, management of water, protection of site and adjacent property, cleaning during construction and final cleaning; 14. Costs associated with startup and commissioning of the Work, including training of Owner’s personnel, temporary operation of facilities by the CMAR; and performance acceptance testing, if any; 15. Costs associated with substantial completion, partial utilization, and final completion; and 16. Costs associated with general warranty, guarantees and correction of defective work during the Correction Period. B. The organization of the Work into Work Packages will not result in changes to the CMAR’s compensation for Construction Support Costs. 5.02 Fixed Construction Support Costs A. Fixed Construction Support Costs are those costs which are not time sensitive and will not increase if the performance of the Work extends beyond the Construction Period designated for Substantial Completion of the Work described in Article 13. The 410 Agreement Between Owner and Construction Manager at Risk 00_52_35-5 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) amount for Fixed Construction Support Cost is shown in Exhibit B, Table 2-Basis of Compensation for Fixed Construction Support Costs. RFP Addendum 2. 5.03 Time-Sensitive Construction Support Costs A. Time-Sensitive Construction Support Costs are those costs which will increase if the performance of the Work extends beyond the Construction Period designated for Substantial Completion described in Article 13. The amount for Time-Sensitive Construction Support Costs based on the Construction Period is shown in Exhibit B, Table 3-Basis of Compensation for Time-Sensitive Construction Support Costs. RFP Addendum 2. B. The Construction Support Costs Extended Rate is determined by dividing the Time-Sensitive Construction Support Costs by the projected number of days in the Construction Period. CMAR will be entitled to additional compensation for Time-Sensitive Construction Support Costs at the Construction Support Extended Rate shown in Exhibit B, Table 3-Basis of Compensation for Time-Sensitive Construction Support Cost if the extended time is associated with a compensable delay under the provisions of the General Conditions. RFP Addendum 2. 5.04 Changes in Construction Support Costs A. Owner and CMAR acknowledge that the Construction Support Costs stipulated amounts set forth in this Agreement’s Exhibit B, Table 1, lines 7, 8, and 9 (Construction Support Costs Contract Amounts) and the Construction Support Costs Extended Rate (determined as set forth in Paragraph 5.03.B) are approximations of actual costs intended to liquidate and stipulate CMAR’s compensation for Construction Support Costs, encourage efficiency and cost control, and reduce Owner’s and CMAR’s administrative and accounting effort. The Construction Support Costs Contract Amounts and the Construction Support Costs Extended Rate will not be increased except in cases in which CMAR demonstrates: RFP Addendum 2: Owner and CMAR acknowledge that the Construction Support Costs are approximations of actual costs intended to liquidate and stipulate CMAR's compensation for Construction Support Costs, encourage efficiency and cost control, and reduce Owner's and CMAR's administrative and accounting effort. The Construction Support Costs Contract Amounts and the Construction Support Costs Extended Rate will not be increased except in cases in which CMAR demonstrates: 1. An excessive and unanticipated increase in Construction Support Costs resulting from scope changes in the Work or other causes directly attributable to Owner; and 2. Such increase in costs has not otherwise been compensated in a Work Authorization, Contract Amendment, or Change Order. 5.05 Compensation for Construction Support Costs A. Payments for Fixed Construction Support Costs will be made in equal monthly increments determined by dividing the Fixed Construction Support Costs Contract Amount by the projected number of months in the Construction Period. No payment will be made for Fixed Construction Support Costs in excess of the Fixed Construction Support Costs Contract Amount unless this Amount is adjusted in accordance with provisions in Paragraph 5.04. B. Payments for Time-Sensitive Construction Support Costs will be made in equal monthly increments determined by dividing the Time-Sensitive Construction Support 411 Agreement Between Owner and Construction Manager at Risk 00_52_35-6 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) Costs Contract Amount by the projected number of months in the Construction Period. No payment will be made for Time-Sensitive Construction Support Costs in excess of the Time-Sensitive Construction Support Contract Amount unless this Amount is adjusted in accordance with provisions in Paragraph 5.04. C. Payments will be made for Time-Sensitive Construction Support Costs associated with compensable delays under the provisions of the General Conditions at the Construction Support Costs Extended Rate as described in Paragraph 5.03.B. ARTICLE 6 — COST OF THE WORK 6.01 Purposes for Determination of Cost of the Work A. The term Cost of the Work is defined in the General Conditions, Article 1, as the sum of eligible costs incurred by CMAR for the performance of the Work, as allowed by the Cost of the Work provisions set forth in the Agreement; such provisions are set forth in this Article 6. Cost of the Work is determined for each Work Authorization, subject to any limits described in this Article. The provisions of this Article are used for two distinct purposes: 1. To determine Cost of the Work for purposes of CMAR’s base compensation for construction under this Contract; or 2. When needed to determine the value of a Change Proposal, Change Order, Claim, set-off, or other adjustment to the Guaranteed Maximum Price. When the value of any such adjustment is determined based on Cost of the Work, CMAR is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. For purposes of determining CMAR’s base compensation, Cost of the Work applies only to Work that has been duly authorized in a Work Authorization. C. The Cost of the Work will include only those items identified in Paragraph 6.02. 6.02 Cost of the Work A. Payroll Cost—Payroll costs for employees in the direct employ of CMAR performing Work described in Work Authorizations, and excluding those efforts covered in Construction Support costs per Paragraph 5.01. Payroll costs will be based on actual amounts paid as indicated on Certified Payroll reports. Payroll costs are to include salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation insurance, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturdays, Sundays, or legal holidays, will be included in the above to the extent authorized by Owner. B. Incorporated Equipment and Material Cost—Cost of all materials and equipment furnished or incorporated in the Work, including costs for transportation and storage prior to delivery to the site. Cost for proper storage at the Site is to be included in Construction Support Cost per Paragraph 5.01. Cost for equipment is to include Suppliers’ services for submittals, factory and field testing and inspections, installation checks, start-up assistance, and training, if any. All cash discounts accrue to CMAR unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and 412 Agreement Between Owner and Construction Manager at Risk 00_52_35-7 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) refunds and returns from sale of surplus materials and equipment will accrue to Owner, and CMAR shall make provisions so that they may be obtained. C. Consumable Equipment and Material Cost—Cost, including transportation and maintenance, of all materials, supplies, equipment, tools, and machinery at the Site, which are consumed in the performance of the Work, less market value of such items used but not consumed which remain the property of CMAR. In establishing costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. CMAR will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such items. D. Subcontractor Cost-Payments made by CMAR to Subcontractors for Work performed by Subcontractors. CMAR shall obtain competitive bids from subcontractors acceptable to Owner and CMAR and shall deliver such bids to Owner, which will then determine, with the advice of Owner’s Advisor, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as CMAR’s Cost of the Work and fee as provided in this Article 6. E. Construction Equipment Cost—Cost of providing construction equipment and machinery to construct the Work described in the Work Authorization. 1. Include all the costs for transporting, loading, unloading, assembly, dismantling, and removal of the equipment and machinery with Consumable Equipment and Material Cost per Paragraph 6.02.C. 2. Construction equipment and machinery cost will be billed at rates approved by the Owner’s Advisor as part of each Work Authorization. a. All operating costs will include costs for fuel, maintenance, parts, and associated labor. Billing rates for equipment fueling and maintenance do not include payroll costs for equipment operators, which will be included in Payroll cost per Paragraph 6.02.A. b. Costs for equipment and machinery owned by CMAR or a Subcontractor cannot exceed the rates shown for equipment in the EquipmentWatch Cost Recovery Rental Rate Blue Book, (https://equipmentwatch.com/blue-book- cost-recovery) An hourly rate will be computed by dividing the monthly rates by 176. These rates will include all operating costs per Paragraph 6.02.E.2.a. c. Payment for rented equipment will be in accordance with rental agreements as to price, including any surcharge or special rates applicable to overtime use of the construction equipment or machinery, and all such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. d. No markup is allowed on equipment rented or leased from any company owned in total or in part by CMAR or a Subcontractor, or is owned by the same holding company or a company with a close legal affiliation to CMAR or Subcontractor, since markups are included in rental or lease rates. 413 Agreement Between Owner and Construction Manager at Risk 00_52_35-8 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) e. Equipment used for site maintenance is to be included in Construction Support Costs. Equipment used for multiple Work Authorizations must be billed on the basis of time worked on each Work Authorization. 3. With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Guaranteed Maximum Price (changed Work), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. F. Supplemental Costs, which consist of the following: 1. The proportion of necessary transportation, travel, and subsistence expenses of CMAR’s employees incurred in the discharge of duties connected with the Work Authorization. 2. Costs of special consultants including engineers, architects, testing laboratories, and surveyors, employed or retained for services specifically related to the Work Authorization and expressly excluding costs incurred by consultants performing CMAR Services. 3. Sales, consumer, use, and other similar taxes related to the Work, and for which CMAR is liable, as imposed by Laws and Regulations. 4. Deposits lost for causes other than the negligence of CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. 5. Royalty payments and fees for permits, patents, and licenses directly related to a Work Authorization. 6. The cost of premiums for performance, payment, and warranty bonds obtained by CMAR as a requirement of a Work Authorization, in addition to the bonds purchased for the construction as a whole within the scope of Construction Support Costs per Paragraph 5.01.A.11. Final compensation for such premium costs will be based on reconciled costs at the conclusion of the Work. 7. Cost for any Subcontractor bonds that must be required to protect Owner’s and CMAR’s interests in the event of a Subcontractor default associated with a Work Authorization. Final compensation for such premium costs will be based on reconciled costs at the conclusion of the Work. 8. The cost of premiums for Builder’s Risk insurance and other Work Authorization-specific insurance that CMAR is required by the Contract Documents to purchase and maintain, but not including costs of commercial general liability, automobile liability, and contractor’s pollution liability insurance which are covered as Construction Support Costs per Article 5. The compensation for worker’s compensation is included as part of payroll costs per Paragraph 6.01.A.1. Final compensation for such premium costs will be based on reconciled costs at the conclusion of the Work. 414 Agreement Between Owner and Construction Manager at Risk 00_52_35-9 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 6.03 Specific Exclusions from Cost of the Work A. The following items are not included in the Cost of the Work. This express itemization does not confer Cost of the Work or compensable status to otherwise ineligible items not listed here. Cost for any items not included in the Cost of the Work are to be included in the CMAR Fee unless specifically itemized at Construction Support Costs described in Article 5. 1. Payroll costs and other compensation of CMAR’s officers, executives, principals, general managers, project managers, superintendents, safety managers, safety representatives, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site or in CMAR’s principal or branch office for general administration of the Work. The payroll costs and other compensation excluded here are to be considered administrative costs covered by Construction Support Cost or the CMAR Fee. 2. Expenses of CMAR’s principal and branch offices. 3. Any part of CMAR’s capital expenses, including interest on CMAR’s capital employed for the Work and charges against CMAR for delinquent payments. 4. Costs due to the negligence of CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. 5. Cost for the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property not paid from CMAR’s Contingency per Article 8. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 6.03. 8. Costs recovered or reimbursed under other Construction Support Cost or Cost of the Work provisions. 6.04 Compensation for the Cost of the Work A. Compensation for the Cost of the Work is based on the amount earned for Work completed for each Work Authorization. ARTICLE 7 — CONSTRUCTION MANAGER AT RISK FEE 7.01 CMAR Fee will be determined as follows: B. The CMAR Fee is a lump sum fee as shown in Exhibit B Table 1. This CMAR Fee is subject to increases or decreases for changes in the Work as provided in General Conditions Paragraph 11.01. ARTICLE 8 — CMAR CONTINGENCY ALLOWANCE 8.01 CMAR Contingency Allowance A. The CMAR Contingency Allowance funds, shown in Exhibit B Table 1—Estimated Guaranteed Maximum Price, are for the exclusive use of CMAR while executing the Work, to reimburse CMAR for costs due to unforeseen causes, unintentional errors, 415 Agreement Between Owner and Construction Manager at Risk 00_52_35-10 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) or events which cannot specifically be anticipated at the time Work Authorizations are issued. B. The CMAR Contingency Allowance funds may be used by CMAR for costs sustained by either CMAR itself or a Subcontractor, at CMAR’s discretion. The CMAR contingency funds may not be used for costs which are reimbursable or recoverable under other provisions of the Contract. C. Without excluding other possible uses of the CMAR Contingency Allowance, the following uses are expressly acknowledged as eligible uses of the CMAR Contingency Allowance funds: 1. Losses and damages, and related expenses, caused by damage to the Work, not compensated by insurance or otherwise, sustained by CMAR or a Subcontractor in connection with the performance of the Work; 2. Corrective work, regardless of fault if non-conformance is unintended; 3. Subcontractor defaults; 4. Overruns in Construction Support Costs; 5. Builder’s Risk deductibles; 6. Verified excusable errors in estimates; or 7. Non-compensable overtime and other acceleration costs. D. CMAR shall replenish the CMAR Contingency Allowance by restoring money withdrawn with money recovered (1) from bonds and insurance coverage payments for such expenditures, and (2) from defaulting Subcontractors or Suppliers. E. The CMAR Contingency Allowance will not be used to fund Owner-directed changes in the Work. Such changes will be administered through the contractual procedures established for changes in the scope of the Work, including expenditures from the Owner’s Contingency Allowance, if any, Work Authorizations as modified by Change Order, and Contract Amendments or other modifications that impact the Guaranteed Maximum Price. F. The CMAR Contingency Allowance will not be used to recover the cost of items that are compensable as a Cost of the Work. G. The CMAR Fee does not apply to expenditures from the CMAR Contingency Allowance. CMAR will not be entitled to any additional overhead, profit, or other markup on any CMAR Contingency Allowance expenditure. H. The designated CMAR Contingency Allowance, as duly replenished, is the maximum amount available to CMAR to recover eligible costs under this Article; Owner will not increase the CMAR Contingency Allowance or otherwise reimburse CMAR for eligible costs incurred in excess of the CMAR Contingency Allowance. I. CMAR will submit applications for reimbursement from the CMAR Contingency Allowance to Owner’s Advisor, in a format acceptable to Owner’s Advisor, together with appropriate documentation. Payments from the CMAR Contingency Allowance will be recorded in the Application for Payment. 416 Agreement Between Owner and Construction Manager at Risk 00_52_35-11 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) ARTICLE 9 — WORK AUTHORIZATIONS 9.01 General Provisions Regarding Work Authorizations A. Work Authorizations will be based on Work Packages prepared by Owner’s Advisor and Engineer describing equipment and materials to be purchased for installation or Work to be performed in accordance with the approved Work Authorization. B. All Work to be provided by CMAR must be authorized by the issuance of a Work Authorization specifying or referencing the scope of Work to be conducted. C. Owner’s Advisor will issue each Work Authorization using the Work Authorization form provided by the Owner’s Advisor. D. The Work Authorization will indicate the compensation to which CMAR is entitled for providing the authorized Work. E. CMAR is not entitled to compensation for providing Work that Owner’s Advisor has not authorized. 9.02 First Work Authorization A. The first Work Authorization, authorizing the commencement of construction, will include, in addition to authorization for a specific Work Package, or multiple specific Work Packages, the authorization of expenditures by CMAR for Contract-specific (1) performance and payment bond premiums (2) Builder’s Risk premiums, if CMAR is required to purchase and maintain Builder’s Risk insurance, and (3) premiums for other specific insurance policies required by the Contract. ARTICLE 10 — PROCUREMENT OF SUBCONTRACTORS; CMAR SELF-PERFORMANCE OF AUTHORIZED WORK 10.01 Performance of the Authorized Work A. CMAR will solicit and receive competitive bids on the Work included in each Work Authorization, including the purchase of materials and equipment. CMAR will prepare bid packages supporting the Work Authorization and make opportunities available to Subcontractors and Suppliers in a way that will increase competition and allow bids by trade contractors or specialty entities. CMAR may prepare bid packages for Work the CMAR may wish to self-perform, so long as doing so will not limit bidding by competing bidders (prospective subcontractors). B. CMAR may bid on Work Packages, or portions thereof, if fully qualified to self-perform the subject Work, subject to the following limitations: C. CMAR must submit its bids in advance of receiving other bids, and in the same manner that other bids are to be submitted. Bids are to be opened in the presence of the Owner’s Advisor. D. CMAR will award the subcontract for the Work under the Work Authorization to the responsible bidder submitting the lowest responsive bid for that portion of the Work for which bids are received. CMAR may self-perform Work when CMAR is the low bidder. ARTICLE 11 — GUARANTEED MAXIMUM PRICE 11.01 Subject to the provisions of Article 4, CMAR guarantees that the maximum amount payable by Owner (Guaranteed Maximum Price, or GMP) for the sum of the amounts for 417 Agreement Between Owner and Construction Manager at Risk 00_52_35-12 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) Paragraphs 11.01.A through D that follow will be the binding GMP established by the process stated in Paragraphs 11.02 and 11.03. A. Construction Support Cost Amount (Article 5); B. Cost of the Work (Article 6); C. CMAR Fee (Article 7); and D. CMAR’s Contingency Allowance Amount (Article 8). 11.02 The Estimated GMP indicated in Exhibit B Table 1—Estimated Guaranteed Maximum Price is a preliminary figure as of the Effective Date of the Contract. The GMP will be revised as the design is continued and completed. 11.03 A binding GMP will be established at any time agreeable to Owner and CMAR, but not later than the following: A. If the Work is performed under Work Packages released and authorized concurrently for the complete Project, then the binding GMP will be established on the basis of Contract Documents that are 90 percent complete. B. If the Work will be authorized over time, as the design for individual Work Packages is completed, in a series of incremental Work Authorizations (fast tracking or similar design/construction process) then the binding GMP will be developed in a series of incremental changes as the design for each Work Package reaches 90 percent completion, culminating, when all Work Packages have been authorized, in a binding GMP for the Contract. 11.04 Owner’s Construction Budget A. Owner’s Advisor will establish an updated Owner’s Construction Budget (Budget) based on the CMAR’s procurement strategy which identifies Work Packages used to construct the Work. Owner’s Advisor, working with CMAR, will update this Budget with actual amounts for each line item as Work Authorization amounts identified in the updated Budget are determined. B. Owner’s Advisor will revise the Budget to incorporate Change Orders or authorized allocation of contingency funds which change the funds available for Budget line items. When amounts for all Work Authorizations have been determined and the binding GMP is established for the Contract, the Budget must correlate to GMP line items, and the Budget must equal the GMP. C. CMAR will identify variances between the budgeted amount and actual amounts as Work Authorization amounts are determined. 1. Positive variances are created when actual cost for a Work Authorization is less than the budgeted amount. Positive variances identify unused funds that can be used to offset negative variances. 2. Negative variances are created when actual cost for a Work Authorization is more than the budgeted amount. Negative variances identify where additional funds are needed. Unused funds from positive variances can be used to offset these negative variances. 3. Net variances for the Contract are used to determine the current status of the Owner’s Construction Budget. 418 Agreement Between Owner and Construction Manager at Risk 00_52_35-13 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) a. A net positive variance for the Contract represents a savings to the Owner. A final Contract Amendment will be issued at the completion of the Contract (Final Payment) to adjust the GMP to the actual amount of Contract costs. b. A net negative variance for the Contract represents the amount for which the CMAR is at risk, and no additional compensation will be made to the CMAR. 11.05 Options for Costs Exceeding the Owner’s Budget A. The Guaranteed Maximum Price resulting from the tabulation of cost for self-performed CMAR Work, bids for Work by Subcontractors and Suppliers, Construction Support Costs, CMAR Contingency Allowances and CMAR Fee cannot exceed the Owner’s Construction Budget. The Owner may exercise any of the following options at the sole discretion of the Owner if the proposed Guaranteed Maximum Price exceeds the Owner’s Construction Budget: 1. Approve an increase in the Owner’s Construction Budget in writing. 2. Authorize rebidding or renegotiation for some or all parts of the Project within a reasonable time without an increase in the Guaranteed Maximum Price. 3. Cooperate in the revision of the scope of the Project to reduce the actual cost of construction to the Owner’s Construction Budget. 4. Abandon the Project, in whole or in part, and terminate this Contract in accordance with applicable termination for convenience provisions. B. If Owner selects the option described in Paragraph 6.05.A.1, CMAR shall proceed with performance of the Work, and provide CMAR Services as described in these Contract Documents without additional compensation for Procurement Services. Other fees and expenses related to the Cost of Work will be adjusted in accordance with the revised Cost of Work. C. If Owner selects the option described in Paragraph 6.05.A.2, Owner and CMAR shall proceed with rebidding or renegotiation of some or all parts of the Project. The OPT will work with CMAR to determine if rebidding or restructuring Work Packages is likely to lead to lower bid prices; if so determined, CMAR will rebid selected original Work Packages or restructured Work Packages identified as having the potential to reduce the overall cost of construction to the Owner’s Construction Budget. CMAR will advise the OPT of the likely impact to the schedule resulting from rebidding Work Packages. CMAR will provide CMAR Services for rebidding these Work Packages without additional compensation. D. If Owner selects the option described in Paragraph 6.05.A.3, CMAR shall assist the OPT in studies to revise the scope of the Project to bring the Project cost within the Owner’s Construction Budget. CMAR will provide research and cost estimates to evaluate the potential cost savings of each proposed change in scope for Work Packages and advise the OPT of the likely impact to the schedule resulting from rebidding Work Packages and changes in Contract Times that will result from the changed Work Packages. CMAR will provide CMAR Services for consultation in modifying the Project scope and rebidding these Work Packages without additional compensation. E. CMAR shall revise the project schedule to incorporate delays caused by actions taken to bring the Project within the Owner’s Construction Budget. 419 Agreement Between Owner and Construction Manager at Risk 00_52_35-14 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 11.06 Conversion of Cost of Work to a Lump Sum Amount A. If Owner and CMAR mutually agree, compensation for all Work on the Project, or for any Work Authorization, may be converted to a lump sum (stipulated amount). If compensation for all Work on the Project is converted to a lump sum amount, this lump sum amount will include costs for Construction Support Cost, Cost of the Work, the CMAR Fee, and all other costs associated with the Contract, all as if bid as a lump sum amount. CMAR will no longer have access to CMAR Contingency Allowance funds and bears all risk associated with delivering the Work for the lump sum amount. B. If a Work Authorization is converted to a lump sum amount, this lump sum amount will include costs for Cost of the Work, the CMAR Fee, and all other costs associated with the Work Authorization, all as if bid as a lump sum amount; provided, however, that Construction Support Costs will continue to be compensated per Paragraph 5.05. C. The following will continue to apply for conversions to lump sum covered in Paragraphs B and C: 1. The Cost of the Work provisions in Article 6 will continue to apply to pricing certain Change Orders and other similar matters, as set forth in Paragraph 6.01.A.2. 2. Construction Support Costs Extended Rate provisions of Paragraph 5.04 will continue to apply for Change Orders. 3. Owner’s Contingency will continue to be available per Article 12. ARTICLE 12 — OWNER’S CONTINGENCY ALLOWANCE 12.01 Owner’s Contingency Allowance A. Owner’s Contingency Allowance is used at the sole discretion of the Owner to cover unforeseen costs, Owner-directed changes in the scope of the Work, pre-construction services, or any other unanticipated change in the Contract Price. These funds can only be accessed by the CMAR when and to the specific extent authorized by the Owner. B. The Owner's Contingency Allowance is to be included in the Contract Amount awarded but is not part of the CMAR's GMP. The full balance of Owner's Contingency Allowance remaining at the conclusion of pre-construction services shall be applied directly to the CMAR's GMP. The Owner's Contingency Allowance balance will be tracked using the form included as Exhibit B Table 2. ARTICLE 13 — PAYMENT PROCEDURES 13.01 Submittal and Processing of Payments A. Billing and payment for CMAR Services are addressed in Article 3. The provisions in this Article 13 pertain to billing and payment for the Work. B. CMAR shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will indicate the amount of the CMAR Fee then payable. Applications for Payment will be processed by Owner’s Advisor as provided in the General Conditions. 420 Agreement Between Owner and Construction Manager at Risk 00_52_35-15 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 13.02 Progress Payments; Retainage A. Owner shall make progress payments on the basis of CMAR’s Applications for Payment as recommended by Owner’s Advisor each month during construction as provided in Article 13, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. B. Progress payments on account of the Cost of the Work will be made for each Work Authorization. 1. Prior to Substantial Completion, for each Work Authorization progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. In accordance with Texas Government Code, Section 2252.032 - Retainage, et seq., 1) 95 percent of the value of the Work completed (with the balance being retainage). 2. Upon completion of the Work under a Work Authorization, including completion of all punch list items, Owner shall pay an amount sufficient to increase total payments to CMAR to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Owner’s Advisor’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 13.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Article 15 of the General Conditions. 13.04 Consent of Surety A. Owner will not make final payment or return or release retainage at Substantial Completion or any other time, unless CMAR submits written consent of the surety to such payment, return, or release. ARTICLE 14 — DOCUMENTATION AND AUDIT 14.01 Documentation A. Whenever the Cost of the Work for any purpose is to be determined pursuant to this Contract, CMAR and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. B. CMAR will provide documentation of all Costs of the Work with the Application for Payment as directed by the Owner’s Advisor. 14.02 Audit A. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all CMAR’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the CMAR Fee. CMAR shall preserve all such documents for a period of three years after the final payment by Owner. Subcontractors 421 Agreement Between Owner and Construction Manager at Risk 00_52_35-16 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) performing Work on a Cost of the Work basis will afford such access to Owner, and preserve such documents, to the same extent required of CMAR. ARTICLE 15 — CONTRACT TIMES 15.01 Contract times: dates: A. The dates by which the Work will be substantially complete, and by which the Work will be completed and ready for final payment, will be set out in a Contract Amendment and comply with provisions of Article 15. 15.02 Contract times: days: A. The number of days in which the Work will be substantially complete, and in which the Work will be completed and ready for final payment, will be set out in a Contract Amendment and comply with provisions of Article 15. Completion dates for specified portions of the Work, if applicable, may be set out in Work Authorizations or Change Orders. 15.03 Liquidated damages: A. CMAR and Owner recognize that all time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and CMAR agree that as liquidated damages for delay, but not as a penalty: 1. Substantial Completion-CMAR shall pay Owner $2,500 for each day that expires after the time, as duly adjusted pursuant to the Contract, specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work-After Substantial Completion, if CMAR shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, as duly adjusted pursuant to the Contract, for completion and readiness for final payment, CMAR shall pay Owner $1,500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Milestones CMAR shall pay Owner the amount specified in Paragraph 15.05 for each day that expires after the time, as duly adjusted pursuant to the Contract, specified for achievement of each Milestone, until that Milestone is achieved. 4. If Owner recovers liquidated damages for a delay in completion of the Project or a specified Milestone by CMAR, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages, if any, specified in this Agreement. 15.04 Milestones and Associated Damages A. Work required to be complete to meet Milestone(s) will be included in each Work Authorization. 422 Agreement Between Owner and Construction Manager at Risk 00_52_35-17 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) ARTICLE 16 — CONTRACT DOCUMENTS 16.01 Contents: A. The Contract Documents consist of the following: 1. This Agreement. 2. Bonds: a. Document 00_61_10 - Performance Bond (together with power of attorney). b. Document 00_61_15 - Payment Bond (together with power of attorney). 3. Document 00_72_00 - General Conditions. 4. Document 00_73_00 - Supplementary Conditions. 5. Addenda (numbers 1 to 2, inclusive). 6. Exhibits to this Agreement (enumerated as follows): a. Exhibit A, Scope of CMAR’s Services. b. Exhibit B, Basis of Compensation. 7. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Specifications. b. Drawings. c. Document 00_61_12 - Warranty Bond. 8. The Contract Documents listed above are attached to this Agreement (except as expressly noted otherwise above). B. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 17 — REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 17.01 CMAR’s Representations: A. In order to induce Owner to enter into this Contract, CMAR makes the following representations: 1. CMAR has examined and carefully studied the Contract Documents, including Addenda. 2. CMAR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. CMAR is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 4. CMAR has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the General Conditions. 5. CMAR has considered the information known to CMAR itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the General Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on: a. the cost, progress, and performance of the Work; 423 Agreement Between Owner and Construction Manager at Risk 00_52_35-18 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) b. the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR; and c. CMAR’s safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph, CMAR agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Guaranteed Maximum Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 7. CMAR is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. CMAR has given Owner’s Advisor written notice of conflicts, errors, ambiguities, or discrepancies that CMAR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Owner’s Advisor is acceptable to CMAR. 9. The Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performance and furnishing of the Work. 10. CMAR’s entry into this Contract constitutes an incontrovertible representation by CMAR that without exception prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 17.02 CMAR’s Certifications: A. CMAR certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 17.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the proposal process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the Proposal process or the execution of the Contract to the detriment of Owner, (b) to establish proposal Contract prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Proposers, with or without the knowledge of Owner, a purpose of which is to establish proposal prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the proposal process or affect the execution of the Contract. 424 Agreement Between Owner and Construction Manager at Risk 00_52_35-19 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) IN WITNESS WHEREOF, Owner and CMAR have signed this Agreement. This Agreement will be effective on November _____, 2024. (which is the Effective Date of the Contract). Owner: CMAR: (typed or printed name of organization) (typed or printed name of organization) By: By: (individual’s signature) (individual’s signature) Date: Date: (date signed) (date signed) Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) (If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: (individual’s signature) (individual’s signature) Title: Title: (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: Designated Representative: Designated Representative: Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) Address: Address: Phone: Phone: Email: Email: (If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) License No.: (where applicable) State: END OF DOCUMENT 425 Agreement Between Owner and Construction Manager at Risk 00_52_35- Exhibit A Project No. 202853 October 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) EXHIBIT A - SCOPE OF CMAR SERVICES 426 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-1 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) ARTICLE 1 — PRECONSTRUCTION SERVICES 1.01 Project Management A. Participate in Project Meetings 1. Participate in Project kick-off meeting. Be prepared to discuss CMAR’s team and organizations structure, assignments for responsibilities and Teams CMAR’s plan for implementation of Preconstruction Services. 2. Participate in periodic meetings with Owner, Owner’s Advisor, and Engineer (collectively, Owner’s Project Team or OPT) to review progress, coordinate efforts, and discuss planned activities for the next period. It is anticipated that these progress meetings will occur monthly. B. Provide administration of Agreement for CMAR Preconstruction Services, including Applications for Payment, progress reporting, management of CMAR staff, schedule for services, and deliverables. 1.02 Review of Preliminary Design Report A. As a priority first task, review Engineer’s Preliminary Design Report as soon as it is available. 1. Provide input and advice, according to the general requirements of Exhibit A Paragraph 1.03.D below, regarding the Preliminary Design Report’s content concerning coordination of utilities work (both above-ground utilities and Underground Facilities), Underground Facilities Procedure, and mitigation of utilities conflicts, for Engineer’s use in the Final Design Phase of Engineer’s services. 2. Recommend strategies for the division of the Work under design into Work Packages, and for phased design and authorization of construction of such Work Packages (fast tracking). Work collaboratively with the OPT to finalize the number of Work Packages and their approximate scope, and the schedule for preparation, authorization, and completion of such Work Packages. 1.03 Design-Related Preconstruction Services A. Attend periodic design meetings to provide consultation on aspects of the design that will impact the budget, schedule, and quality of the completed Work. B. Advise, assist, and provide recommendations on all aspects of the planning and design of the Work. Consult with the OPT regarding Site use and improvements, and the selection of materials, building systems, and equipment. C. Provide recommendations: on construction feasibility; regarding actions designed to minimize adverse effects of labor or material shortages; on time requirements for procurement, installation, and construction completion; and on factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible opportunities for savings. D. Review in-progress design documents, including the documents variously described as preliminary design documents, preliminary design report, design development documents, and the interim final drafts of the Drawings and Specifications, and 427 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-2 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) provide input and advice on constructability, materials and equipment selections, and availability. Provide timely suggestions for modifications to improve: 1. Ability to bid the Work: a. Identify Work elements that may be difficult to price as presented in the design documents. Provide suggestions to reduce risk and to obtain better pricing from Subcontractors and Suppliers. b. Provide suggestions on Work Packages to improve biddability, however, Engineer will not subdivide work into Work Packages for specific trades. c. Determine that specified products are readily available and notify Engineer if equal or substitute materials might be available. 2. Constructability, including sequencing or coordination issues: a. Adequacy of details for construction; b. Potential conflicts during construction; c. Feasibility of construction; d. Construction sequencing; e. Ability to coordinate among Subcontractors and Suppliers; and f. Coordination between Contract Documents. 3. Operability: a. Ability to minimize disruptions to existing operations; b. Ability to complete construction connections to existing facilities or utilities; c. Modifications to facilitate initial start-up and/or performance testing; and d. Ability of Owner to operate/maintain the facility when completed. 4. Possible use of patented, licensed, or copyrighted products. 5. Requirements for Subcontractor and equipment and materials procurement. 6. Completeness, consistency, and clarity. E. Subsurface conditions and Underground Facilities 1. Review information made available by Owner. a. Review information pertaining to subsurface or physical conditions at the Site. Inform Owner’s Advisor of additional examinations, investigations, explorations, testing, or studies (Supplemental Investigations) of subsurface or physical conditions at the Site that CMAR concludes would be beneficial if conducted prior to commencement of construction. See General Conditions Paragraph 5.03.E. b. Review information pertaining to Underground Facilities. Collaborate with the Engineer to improve the accuracy and completeness of information regarding Underground Facilities that Engineer incorporates into Work Authorizations in accordance with General Conditions Paragraph 5.05. 428 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-3 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 2. Coordinate with Owner’s Advisor to identify locations for Engineer to contract subsurface utility exploration (S.U.E.). a. Review information pertaining to underground utilities identified by S.U.E. 3. Owner’s Advisor will issue a Work Authorization for any necessary potholing, exploratory excavations, or other field investigations related to Paragraph E if necessary. F. Research potential substitutes, furnish data and prepare a Preconstruction Substitute Request prior to a Work Authorization requesting the Owner’s Advisor to authorize the use of other items of equipment or material in accordance with General Conditions Paragraph 7.09. G. Provide review comments in writing using the processes or procedures prescribed by the Owner’s Advisor. Verify that the Project design can be executed within the Owner’s Construction Budget, within the allotted Contract Times, and with available labor, equipment, and materials. H. Report to Owner’s Advisor and Engineer any elements of the design that appear to be in error or appear to require engineering review and possible resulting modification. I. The CMAR is not responsible for design of the Project. The CMAR does not control the project design or contents of the Contract Documents and does not assume responsibility or liability for the project design by performing these reviews. The CMAR’s review of the project design and Contract Documents and providing recommendations are only advisory to the OPT. 1.04 Construction Management Plan and Implementation A. Provide and implement a written Construction Management Plan that incorporates the following elements: 1. CMAR’s organization for the Construction Phase of the project, including assigned responsibilities and level of authority within Project management; 2. Communication plan, including plans for distribution of documents, implementation of Action Item and Decision registers, frequency of reporting and project controls; 3. Document management plan that incorporates Communications Plan and contractual Electronic Data Protocols; 4. Construction contract administration; 5. Cost management; 6. Time management; 7. Quality management; 8. Risk management; 9. Safety management; 10. Site management and environmental controls; 11. Regulatory requirements and permits; 12. Procurement Strategy Plan; and 13. Start up and commissioning program. 429 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-4 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) B. Work with the OPT to incorporate requirements of the General Conditions and General Requirements (Division 01 of the Specifications) into the plan. Reference provisions in the General Conditions and General Requirements as appropriate. Prepare a draft plan and submit for review and comment by the OPT. Respond to comments and incorporate changes suggested by review comments as appropriate. 1.05 Construction Contract Administration A. Work with the OPT to incorporate requirements of the General Conditions and General Requirements into administration of the Contract. Review the Owner’s Construction Management Plan and suggest changes as appropriate. B. Communications 1. Assist the Owner’s Advisor with planning Project meetings, participate in these meetings and provide documentation as requested by the Owner’s Advisor. 2. Plan, schedule, and document meetings held with Subcontractors and Suppliers. Include the members of the OPT as appropriate. 1.06 Cost Management A. Provide a preliminary evaluation of the Owner’s program and budget requirements to determine that CMAR will be able to construct the facilities described in that program within the Owner’s Construction Budget (Budget) using conceptual estimating techniques. Discuss this initial review of the Budget with the OPT. B. Work with OA to update the Budget with supporting data for review by the OPT at the following intervals: 1. Completion of preliminary design documents by the Engineer and approval by the Owner. 2. Completion of design development documents by the Engineer and approval by the Owner. 3. At appropriate intervals agreed to by the OPT and CMAR during the preparation of the Construction Documents to determine that changes to the design can be constructed within the Budget. C. Assist OA in preparing an updated line-item Budget based on the CMAR’s proposed Procurement Strategy Plan prepared per Paragraph 1.13. This Budget is to include a line item for each anticipated Work Package, as well as line items for Construction Support Costs, the CMAR Fee, and CMAR Contingency Allowances and other costs, if any, that will be incorporated into the GMP for the Project. D. Assess current construction market to determine risk associated with the Budget. As an example, volatility in the cost of selected materials or equipment may drive cost above the Budget. Identify areas where costs may be lower than original estimates and if cost savings may be used to balance the Budget. Report the cost of various design and construction alternatives to the Owner, including the CMAR’s assumptions in preparing its analysis, a variance analysis between budget and preliminary Budgets, and recommendations for any adjustments to the Budget. Work with the OPT to consider costs relating to efficiency, usable life, maintenance, energy, and operation as part of the cost analysis. 430 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-5 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) E. Notify the Owner and the Owner’s Advisor immediately if any estimated construction cost will cause the projected GMP to exceed the Budget. Make appropriate recommendations to the OPT if cost projections exceed the Budget. F. Provide the Budget-related services set out in Paragraph 11.04 of the Agreement. 1.07 Time Management A. Provide a preliminary master schedule for the Contract. Incorporate the Owner’s Advisor’s preliminary schedule and the schedule for design into the preliminary master schedule. Include allowances for reasonable periods required for the review and approval of items by the OPT and for approvals of governmental authorities having jurisdiction over the Project. Prepare the preliminary master schedule in a way that the detailed construction schedule can be incorporated into the master schedule as the Project becomes better defined. B. Identify critical design Milestones that must be met to keep the Project on schedule. Coordinate and integrate the preliminary project schedule with the services and activities of the OPT and CMAR. Update the preliminary project schedule as design develops to indicate proposed activity sequences and durations, Milestone dates for receipt and approval of pertinent information, submittal of a GMP Proposal, preparation and processing of Shop Drawings and Samples, delivery of materials or equipment requiring long-lead time procurement, and the Owner’s occupancy requirements. C. Make appropriate recommendations to the Owner and Owner’s Advisor if preliminary project schedule updates indicate that previously approved schedules may not meet Contract Time requirements. D. Revise the master schedule after the GMP is established. 1.08 Quality Management A. Prepare CMAR’s Quality Control Plan (CQCP) in accordance with the General Requirements. 1. Describe the quality control organization and lines of authority. Quality control plan is to identify the quality control manager and other key individuals involved in CMAR’s quality control effort. Provide the services of a dedicated quality control manager unless Owner’s Advisor determines that quality control manager may combine quality control duties with other responsibilities. If quality control manager is to serve in other capacities, identify those other responsibilities and the percentage of time spent in each role. Describe the qualifications of the quality control manager (in resume format) to demonstrate experience with quality management activities and performance on successful projects. 2. Provide the name and qualifications, in resume format, of other persons assigned a quality control function. Define the roles and responsibilities and authorities for each person and the types of Work or portions of the work for which each person is responsible. 3. Describe CMAR’s approach to managing quality during construction. Describe how CMAR will integrate quality control procedures into the execution of the Work, provide testing and inspection required to control the quality of the Work in progress and verification or acceptance testing as required by the Contract Documents and CQCP. 431 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-6 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 4. Include a testing plan with details of tests to be provided. Designate the organization (Owner, Owner’s Advisor, CMAR, or Testing Agency) responsible for each type of testing. Coordinate CQCP Testing Plan with testing to be provided by the Owner. 5. Describe CMAR approach for managing defective Work, including notification and documentation procedures, development and implementation of corrective action plans and documentation that record corrective action has been successful in producing Work that complies with the Contract Documents. 6. Describe the approach for scheduling, reviewing, certifying, and managing documentation provided by Subcontractors and Suppliers. Include the approach for managing the quality of submittals, documentation procedures, and process for tracking and keeping documentation up to date. 1.09 Risk Management A. Analyze construction risks to assess risk impact and develop appropriate risk management strategies to minimize associated costs. B. Identify additional information that will help with risk assessment. C. Provide recommendations for appropriate allocation of construction risks. D. Review possible impacts associated with the use of patented, licensed, or copyrighted products. E. Review legal requirements for subcontractor and equipment procurement for risk impacts. F. Suggest procurement strategies to minimize risk. 1.10 Safety Management A. Provide a project-specific Health and Safety Plan for the Contract to address the safety concerns associated with construction activities, including potential hazards, that complies with applicable Laws and Regulations. Write the manual with the ability to readily update the plan to incorporate needed revisions on a regular basis. B. The Health and Safety Plan is to include at least the following information: 1. Background information identifying the CMAR, Project description, and location; 2. Management accountability structure with authority to implement safety plans, stop work, or make other safety-related decisions; 3. Role of safety representative (see General Conditions, Paragraph 7.16); 4. Provide descriptions of qualifications and certifications related to the performance of safety representatives; 5. Objectives of the Health and Safety Plan; 6. Administration and enforcement of the Health and Safety Plan; 7. Applicability of the Health and Safety Plan to various personnel categories, including the workforce, visitors, and members of the OPT; 8. List of conditions at the Site that may pose a hazard to anyone, hazard types, and those potentially exposed; 9. Procedures for first aid and medical attention; 432 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-7 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 10. Emergency notifications procedures based on hazard type which specify the entity to be notified for each situation; 11. Site access control requirements to prohibit unauthorized persons from entering the Site; 12. Orientation and training requirements for workers, visitors, and members of the OPT; 13. Hazard communications and awareness plan; 14. Required safety certifications for each type of work; 15. CMAR’s safety training program and effort to create and maintain a culture of safety; 16. CMAR’s written safety guidelines for project-specific issues as defined by Laws and Regulations; 17. Plan for conducting safety inspection and the audit frequency and schedule; 18. Process for conducting a Job Hazard Analysis for work activities and implementing countermeasures to ensure safety, including checklist specific the Project and type of work; and 19. Accident / incident reporting procedures including monthly reporting. C. Incorporate Owner’s site safety requirements as appropriate. 1.11 Site Management and Environmental Controls A. Develop a plan for managing the Site during construction. The plan should address, at a minimum, management of the following: 1. Office space for CMAR, Subcontractors and if required by Contract, the OPT; 2. Water, sanitation, electrical, internet, and other utilities for CMAR’s and OPT's operations at the Site; 3. Storage facilities, parking, and construction equipment storage and maintenance; 4. Protection of existing structures, trees and other landscaping, buildings, utilities, and Underground Facilities; 5. Site security, site safety, and emergency responses; 6. Temporary roads, temporary signage, barricades, fencing, and other devices to manage traffic to and within the Site, including provisions for delivery of materials and equipment, and maintenance during construction; 7. Environmental conditions including storm water management, pollution control, care of water, soil management, and other temporary controls and their removal when no longer required; 8. Reference data and control points; and 9. Cleaning during construction and containment and disposal of waste materials. B. Review plan with Owner’s Advisor and Owner to identify potential conflicts with operating other facilities, on-going and anticipated construction by other entities. Revise if necessary. 433 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-8 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 1.12 Regulatory Requirements and Permits A. Review regulatory requirements and permits required for construction. Develop a written plan for meeting applicable Laws and Regulations and obtaining permits. List the permit requirements, entities responsible for obtaining permits, documentation required for permits and cost for obtaining and complying with these requirements. B. Incorporate the associated cost into the Cost of Work and inform the Owner so these can be incorporated into the Owner’s Construction Budget, or the Owner’s Construction Budget may be adjusted as required. C. Incorporate time for obtaining permits into the project schedule to ensure permits can be obtained and regulatory requirements met in time for the orderly progression of Work. 1.13 Procurement Strategy Plan A. Provide input to OPT regarding the current construction market, bidding climate, status of key Subcontractor and Supplier markets, and other local economic conditions. B. As the design develops, organize the Work into Work Packages that will (1) allow for phased construction that will shorten the overall completion schedule for the Work, (2) encourage price competition by prospective Subcontractors and Suppliers, and (3) enhance the quality and safety of the Work. C. Develop Subcontractor and Supplier interest in the Project consistent with state Laws and Regulations. Furnish the Owner’s Advisor a list of possible Subcontractors and Suppliers, from whom competitive bids will be requested for each principal portion of the Work. Identify preferred providers based on CMAR’s previous experience for quality of work, on-time delivery, and ability to complete work within bid amounts. Submission of this list is for information and discussion purposes only and not for prequalification. The review of this list will not require the OPT to investigate the qualifications of proposed Subcontractors and Suppliers, nor does it waive the right of Owner to later object to or reject any proposed Subcontractor or Supplier when bids are considered. CMAR may submit a Change Proposal for any increase in the Guaranteed Maximum Price if this change is made after the GMP has been established. D. Recommend to the OPT a schedule for procurement of long-lead time items required to meet the project schedule. Assist the OPT with the procurement of these long-lead items by obtaining competitive bids for these items under a separate Work Authorization. E. Identify critical elements of the Work that may require special procurement processes, such as prequalification of Subcontractors or Suppliers, requirement of certified or prequalified installers, or alternative contracting methods. F. Advise the Owner of market conditions, bid issues, design issues, or other factors which may have had an impact causing bid prices to be higher than estimated. Discuss opportunities for bringing the Project within budget with the Owner and the Owner’s Advisor, in consultation with the Engineer to assist with deciding on how to proceed. G. materials and equipment for which no opportunity for DBE participation exists to assist the Owner in developing realistic DBE participation goals based on available opportunities. 434 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-9 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 1.14 Value Engineering Studies A. Participate in Value Engineering reviews at the level appropriate for the projects at the completion of the first draft of the Final Design Phase documents (approximately 60 percent completion) to assist in identifying ways to improve value to the owner or reduce the cost for the project. Provide cost estimates to quantify potential cost savings to reduce the overall cost for the Project. B. Assist OA in conducting a workshop to identify potential changes which could reduce the cost of the Project or increase the value of the Project by more than the cost of the changes. Present selected alternatives for more detailed evaluation. The detailed evaluation will consider cost, ability to implement the changes, technical analysis, and the impact of changes on the Project. Ideas that pass the technical and economic analysis, and merit incorporation into the design of the project, will be presented, in a draft report, as a proposal to the OPT for consideration. Incorporate responses of the OPT in the final report. C. Review and comment on deliverables which include draft and final value engineering recommendation reports. 1.15 Start Up and Commissioning Program A. Provide CMAR’s organizational structure for startup and commissioning. Identify the individuals from CMAR, Subcontractors and Suppliers actively involved in the process. Identify testing personnel required for startup, including independent testing agencies. Work with Owner’s Advisor to develop a table of roles and responsibilities for CMAR team and the OPT. B. Develop a written start up and commissioning program consistent with the requirements of the Contract Documents. Write the plan in a way that will allow specific details to be added or information updated as equipment and materials are purchased and delivered. C. Identify all systems to be included in the startup plan, each item of equipment involved with each system and the interface between each item of equipment and other operating equipment. Identify how each equipment component fits into operations of the completed facility. D. Identify control systems associated with operating the system or facility, and how each is used to start-up, operate, and shut down its associated system. Identify prerequisite conditions for startup and testing for each system and facility. Identify conditions which would merit termination of startup or testing procedures. E. Compile a list of all documents required for startup, including Contract Documents, Shop Drawings, operations and maintenance manuals, verification of warranty information, lists of spare parts and their location, and contact information for manufacturer’s representatives to be included in startup readiness testing /verification and performance testing. F. Identify testing required for factory witness testing, startup readiness verification, equipment and performance testing, and functional and performance testing. G. Provide a preliminary schedule for startup and commissioning plans which can be updated as more detailed information is available. Incorporate this schedule in the master schedule and construction schedule for the Project. 435 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-10 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 1.16 Additional Inspections and Quality Management A. Provide shop, mill, or laboratory inspections of materials and equipment, or field inspections of materials and equipment other than as required as Basic Services. 1.17 Additional Copies of Documents A. Furnish additional sets of printed documents created by the CMAR. ARTICLE 2 — PROCUREMENT SERVICES 2.01 Project Management A. Participate in Project Meetings 1. Participate in kick-off meeting for Procurement Services. Be prepared to discuss changes in CMAR’s team and organization structure for Procurement Services, assignments of responsibilities, and CMAR’s plan for implementation of Procurement Services. 2. Participate in periodic meetings with the OPT to review progress, coordinate efforts, and discuss planned activities related to procurement. It is anticipated that these progress meetings will occur bi-weekly at times when procurement activities for Work Packages are underway. B. Provide administration of Agreement for CMAR Procurement Services, including Applications for Payment, progress reporting, management of CMAR staff, schedule for services, and deliverables. 2.02 Assembling Work Packages A. Assemble appropriate bid documents for distribution to prospective bidders for Work Packages in accordance with the procurement strategies defined in the Construction Management Plan and Procurement Strategy Plan (see Basic Preconstruction Services). 2.03 Advertise for Bids A. Publicly advertise each Work Package, soliciting bids from Subcontractors and Suppliers for each Work Package in accordance with the applicable provisions of Laws and Regulations. B. Maintain a list of all entities that have requested bid documents for each Work Package (planholders) until bids are received. Provide updates of the planholders as required by the Owner’s Advisor. C. Encourage multiple Subcontractors and Suppliers to submit bids on the Work Package so a minimum of three bids are received for each Work Package. 2.04 Pre-Bid Conferences A. Conduct a pre-bid conference with prospective Subcontractor and Suppliers to familiarize them with: 1. Bid opportunities for Work Packages; 2. Special requirements of the Contract Documents; 3. Prevailing wage requirements; 4. Equal employment opportunity requirements; and 436 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-11 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) 5. Diverse Business Enterprise requirements, if any. B. Obtain responses from the Owner’s Advisor, in consultation with the Engineer, to all questions at pre-bid conferences requiring a modification to the Contract Documents. Prepare a record of the discussions at the pre-bid conference to assist the Owner’s Advisor and Engineer in preparing Addenda as appropriate. Review and comment on Addenda prepared by the Owner’s Advisor in consultation with the Engineer to incorporate responses to questions raised during or as a result of the pre-bid conference. 2.05 Addenda A. Receive draft Addenda prepared by the Owner’s Advisor in consultation with the Engineer. Review the draft Addenda for clarity, consistency, and coordination, and provide comments to Owner’s Advisor and Engineer. By conducting such reviews and providing comments, CMAR does not assume responsibility or liability, in whole or in part, for all or any part of the Project design or the content of the Contract Documents. B. Distribute Addenda regarding any changes in the bid process or Contract Documents to all planholders. Require verification from planholders that Addenda have been received. 2.06 Opening Bids A. Open bids submitted by Subcontractors and Suppliers for all Work Packages at the time and location so indicated in the advertisement for bid or as altered by addendum sent to all planholders. B. Where allowed by state Laws and Regulations, the CMAR may be able to self-perform portions of the Work. Require sealed bids for all Work Packages which the CMAR proposes to perform with its own resources. The CMAR must submit a sealed bid for any such Work Package to be opened at the same time and in the same manner that other bids for this Work are to be opened. The CMAR will be allowed to self-perform that Work for which the CMAR’s bid demonstrates that it will provide the best value in terms of cost, schedule, and quality of Work. C. Review all bids submitted in the presence of the Owner and the Owner’s Advisor in a way that does not disclose the contents of the bid during the selection process to any entity other than the OPT and CMAR. D. Compare bids received to the line-item budget prepared for the Project prior to the opening of bids. Resolve discrepancies or overlaps in bid packages to eliminate duplications or the omission of elements of the Work that are not included in Construction Support Costs. Discuss each bid received with the OPT and recommend which bid received will provide best value for the Owner. E. Evaluate any substitutions or alternate bids offered by bidders. Owner’s Advisor, in consultation with the Engineer, will evaluate the substitutions or alternate bids to determine the technical merit and to determine that the modifications offered are consistent with the intent of the Contract Documents. The Owner, in consultation with the Owner’s Advisor and Engineer, will determine if the substitution or alternate is acceptable. F. The Owner will adjust the Guaranteed Maximum Price (GMP) if the Owner requires the CMAR to contract with a Subcontractor or Supplier different from the entity submitting the bid on which the GMP is based. This adjustment will be made in the 437 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit A-12 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) GMP or by Change Order if the GMP has already been established by a Work Authorization. G. In the case of the need to replace a Subcontractor or Supplier under the provisions of the General Conditions Paragraph 7.10.O, Owner may direct the CMAR to obtain competitive bids for this Work if the cost proposed by the CMAR or substitute Subcontractor or Supplier for this Work differs from the line-item estimate by more than 10 percent of the line-item amount. The CMAR will not be required to advertise this Work as required in Paragraph 1.02. H. Make all bids public after the award of contracts or not later than 7 days after the date of the final selection of bids or proposals. 2.07 Prequalification of Bidders A. Prequalify bidders for the Project using the OPT’s prequalification process. If the OPT does not have a prequalification process in place for this Project, CMAR will assist the OPT in developing and implementing a prequalification process. Any prequalification of bidders must also be in accordance with applicable state Laws and Regulations. 2.08 Additional Work Packages A. Providing additional effort to procure Work Packages in addition to the number of Work Packages stipulated in Paragraph 3.02. 2.09 Additional Copies of Documents A. Furnishing additional sets of printed documents. ARTICLE 3 — SPECIAL SERVICES 3.01 The scope of services for Special Services, if any, will be the scope set forth in the Contract Amendment(s) establishing and authorizing such Special Services. Owner’s Contingency Allowance may be used to provide compensation for authorized special services. Special services may include but not be limited to: O Potholing, slot excavation, and other exploratory work to locate existing buried utilities and infrastructure. O 3D mapping or modeling of underground utilities identified during field investigations. O Train C aeration blower repair or replacement. O Train C mixed liquor pump and piping modifications. O Train C rag removal. O Early procurement of long lead and process critical items. O Early construction activities or early-out bid packages. 438 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit B Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) EXHIBIT B - GUIDELINES FOR PREPARING AGREEMENT EXHIBIT B 439 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit B-1 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) Table 1—Estimated Contract Price The Colony Stewart Creek WWTP CMAR - Expansion Phase 2B - Expansion from 4.5 to 6.3 MGD CMAR Cost Worksheet Opinion of Probable Construction Cost (OPCC) 1 $ Proposer values Percentage (%) Amount ($) Pre-construction services fee 2 $ 366,746.00 CMAR Contingency 3 0.00 % $ Subtotal 1 (OPCC + CMAR Contingency) $ General Conditions (GC) 4 12.80 % $ Overhead (OH) 5 4.00 % $ Subtotal 2 (Subtotal 1 + GC + OH) $ CMAR Fee 6 4.00 % $ Subtotal 3 (Subtotal 2 + CMAR Fee) $ Bonds and Insurance 7 1.75 % $ Subtotal 4 (Subtotal 3 + Bonds and Insurance) $ Total Proposed CMAR Cost 8 $ Notes 1. OPCC = Construction cost based on the cost model that is the basis of the Guaranteed Maximum Price (GMP). 2. Pre-construction services fee = Proposer provided lump sum fixed fee 3. CMAR Contingency = CMAR contingency to be negotiated with each Work Authorization. 4. General Conditions = Proposer provided value as a percentage of Subtotal 1. Amount = Subtotal 1 * General Conditions percentage 5. Overhead = Proposer provided value as a percentage of Subtotal 1. Amount = Subtotal 1 * Overhead percentage 6. CMAR Fee = Proposer provided value as a percentage of Subtotal 2. Amount = Subtotal 2 * CMAR Fee Percentage 7. Bonds and Insurance = Proposer provided value as a percentage of Subtotal 3. Amount = Subtotal 3 * Bonds and Insurance percentage 8. Total Proposed CMAR Cost = Preconstruction Services Fee + Subtotal 4. 440 Agreement Between Owner and Construction Manager at Risk 00_52_35-Exhibit B-2 Project No. 202853 November 2024 pw://Carollo/Documents/TX/The Colony/202853-100000/01 Project Management/02 Contract/CMAR Front Ends/Temporary/00_52_35_v2.docx (A) Table 2—Owner’s Contingency Allowance Tracking Worksheet The Colony Stewart Creek WWTP – Expansion Phase 2B – Expansion from 4.5 to 6.3 mgd Owner’s Contingency Allowance Tracking Worksheet Owner’s Contingency Allowance (1) $ 6,165,673.00 Description of Contingency Item or Special Service Cost or Price of Equipment or Work Schedule Delta 1. CMAR Pre-construction services fee $ 366,746.00 None 2. $ 3. $ 4. $ 5. $ 6. $ 7 $ 8. $ 9. $ 10. $ Total Contingency and Special Services $ Balance of Owner’s Contingency Allowance $ Notes: 1. Budget allocation represents the remaining balance of grant funds dedicated to the SCWWTP Expansion Phase 2B – Expansion from 4.5 to 6.3 mgd to be encumbered in the contract to cover pre-construction services, early procurement, early construction activities, and other items according to the Owner’s Contingency Allowance and CMAR Special Services. Balance after pre-construction services, early procurement, early out packages and early construction activities will be applied to the guaranteed maximum price (GMP). 441 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 – _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT CONTRACT FOR A CONSTRUCTION MANAGER AT RISK WITH PCL CONSTRUCTION INC. FOR THE PRECONSTRUCTION SERVICES FOR THE STEWART CREEK WWTP EXPANSION PHASE II B TO 6.3 MGD PROJECT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute a Professional Services Agreement Contract for a Construction Manager at Risk with PCL Construction Inc. for the preconstruction services for the Stewart Creek WWTP Expansion Phase II B to 6.3 MGD project in an amount not to exceed $6,165,673.00. Section 2.This resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 6TH DAY OF NOVEMBER, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 442 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Discuss and consider adopting an ordinance regarding solicitation and handbill distribution. (Perez) Suggested Action: Attachments: Ord. 2024-xxxx - Hand bills Ordinance.docx 443 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024 - ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 15, ENTITLED “PEDDLERS AND SOLICITORS” BY REPEALING SECTIONS 15-11 AND 15-12 REGARDING “SOLICITATION AND HANDBILL DISTRIBUTION” AND REPLACING IT WITH NEW SECTIONS 15-11 AND 15-12 BY ADDRESSING HANDBILL DISTRIBUTION ON PRIVATE PROPERTY AND FAILURE TO COMPLY WITH NO TRESPASS SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City to amend Chapter 15 of the Code of Ordinances, entitled “Peddlers and Solicitors” by adding a new Sections 15-11 and 15-12 by addressing handbill distribution on private property and the failure to comply with no trespass signs within the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That Chapter 15 of the Code of Ordinances of the City of The Colony, Texas, entitled “Peddlers and Solicitors” is hereby amended by repealing sections 15-11 and 15- 12, and replacing it with new sections 15-11 and 15-12, which shall read as follows: “Sec. 15-11. Handbill distribution on private property. (a)It shall be unlawful for any individual, handbill distributor and/or handbill sponsor, to distribute or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any residential property except by handing or transmitting such handbill directly to the owner, occupant, or any other person then present in or upon such private premises or by placing or depositing the same in a manner to secure to prevent such handbill from being blown or drifting about such premises, except that mailboxes may not be used when prohibited by federal postal laws or regulations. (b)It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, scattered or cast any handbill upon any residential property if requested by anyone thereon not to do so, or if there is a no trespass(ing) sign placed on such premises in a 444 conspicuous place upon or near the main entrance to the residence or a sign giving notice indicating in any manner, that the occupants of such premises do not desire to be solicited. A no trespass(ing) sign shall be sufficient if it is weatherproof, not less than three (3) inches by four (4) inches in size, and bears the words "no trespassing" or "no trespass" with letters not less than two-thirds (⅔) of an inch in height. (c)It shall be unlawful for any person or organization to attach or place any handbill on any motor vehicle on private or public property. (d)The name and contact phone number of the commercial handbill distributor or sponsor shall be clearly printed on each handbill or other advertisement that is distributed. Sec. 15-12. Failure to comply with no trespass sign. It shall be unlawful for any person to go upon any residential premises uninvited and ring the doorbell, knock upon the door or create any sound for the purpose of attracting the attention of the occupants of the residence if there is a no trespass(ing) sign placed on such premises or a sign giving notice indicating in any manner, that the occupants of such premises do not desire to be solicited which is placed in a conspicuous place upon or near the main entrance to the residence. A no trespass(ing) sign or other sign shall be sufficient if it is weatherproof, not less than three (3) inches by four (4) inches in size, and bears the words "no trespassing", "no trespass" or “no solicitation” with letters not less than two-thirds (⅔) of an inch in height.” SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective immediately upon its passage and publication as required by law. 445 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 6th day of NOVEMBER, 2024. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 446 Agenda Item No:5.6 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Jason Bonds Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to Metro Fire Apparatus Specialists, Inc. in the amount of $1,505,140.00 for the purchase of a Spartan/SVI Wet Rescue Fire Apparatus. (Thompson) Suggested Action: This apparatus will be replacing a 2014 Pierce Pumper which will be placed in reserve response ready status. This purchase is through a Texas Interlocal Cooperation Act, H-GAC (Houston-Galveston Area Council) Contract No: FS12-23 Attachments: The Colony Squad Proposal After Oct 1 Purchase.pdf 1317 The Colony TX FY25' Wet Rescue Production Specification REV 2.pdf Res 2024-xxx Metro Fire Apparatus.doc 447 448 SVI Trucks 10/10/24 Page 1 of 134 The Colony Fire Department The Colony, TX Heavy Rescue- SVI#1317 Production Specification Customer Approval:______________________________ Date:_________ 449 SVI Trucks 10/10/24 Page 2 of 134 LIABILITY INSURANCE The manufacturer shall furnish with the bid a certificate of insurance for; Workman's Compensation and Employer's Liability Insurance covering for all employees. General Liability (each occurrence) of $1,000,000.00. General Aggregate coverage of $2,000,000.00. Products Completed / Operations Aggregate coverage of $2,000,000.00. Medical Expense coverage of $5,000 (any one person). Personal Injury of $1,000,000.00. Automobile liability of $1,000,000.00 combined single limit (each accident), including any auto, all owned autos, scheduled autos, hired autos, non-owned autos, and garage liability. Excess Umbrella Liability coverage of $6,000,000.00 each occurrence, Aggregate of $6,000,000.00. Garage Keepers Liability coverage of $6,000,000.00 combined limit. All insurance policies must be; • Maintained for the life of the contract, • Must provide ten (10) days notice before cancellation, • Must cover all operations of the contractor, or anyone employed by them. INTERNET IN-PROCESS SITE The manufacturer shall post and maintain a website where the Colony Fire Department will be able to view digital images of their apparatus as its being built. The digital images shall be posted once a week starting when the body begins production or when the cab/chassis arrives and shall continue until the final completion of unit. RESPONSIBILITY OF PURCHASER It shall be the responsibility of the purchaser to specify the details of the apparatus in addition to the requirements in NFPA 1901 needed by the manufacturer to build the apparatus, including: 1) Requirements not uniquely specified in NFPA 1901, such as the type of apparatus desired. 2) Any features of the apparatus desired in addition to, or in excess of, the requirements in NFPA 1901. After acceptance of the fire apparatus, the purchaser shall be responsible for ongoing training of personnel to develop and maintain proficiency regarding the proper and safe use of the apparatus and the associated equipment. RESPONSIBILITY OF CONTRACTOR The Contractor shall provide a detailed description of the apparatus, a list of equipment to be furnished, and other construction and performance details to which the apparatus shall conform. The detailed description of the apparatus shall include, but shall not be limited to, 1. Estimated In-Service Weight, 2. Wheelbase, Turning Clearance Radius, 3. Principal dimensions, Angle of Approach, Angle of Departure, 4. Transmission, Axle Ratios. The Contractor’s detailed description shall include a statement specifically describing each aspect of the delivered apparatus that will not be fully compliant with the requirements of this standard. 450 SVI Trucks 10/10/24 Page 3 of 134 The purpose of these Contractor specifications shall be to define what the contractor intends to furnish and deliver to the purchaser. Responsibility for the apparatus and equipment shall remain with the contractor until they are accepted by the purchaser. VEHICLE STABILITY SUPPLIED WITH CAB/CHASSIS The cab/chassis shall be equipped with a stability control system. The system shall have, at a minimum, a steering wheel position sensor, a vehicle yaw sensor, a lateral accelerometer and individual wheel brake controls. FIRE APPARATUS PERFORMANCE The fire apparatus shall meet the requirements of this standard at elevations of 2000 ft (600 m) above sea level. The fire apparatus shall meet all the requirements of this standard while stationary on a grade of 6 percent in any direction. The fire apparatus shall meet the requirements of this standard in ambient temperature conditions between 32°F (O°C) and 110°F (43°C). HIGHWAY PERFORMANCE The apparatus, when loaded to its estimated in-service weight, shall be capable of the following performance while on dry, paved roads that are in good condition: 1) Accelerating from 0 to 35 mph (55 km/hr) within 25 seconds on a 0 percent grade 2) Attaining a speed of 50 mph (80 km/hr) on a 0 percent grade 3) Maintaining a speed of at least 20 mph (32 km/hr) on any grade up to and including 6 percent The maximum top speed of fire apparatus with a GVWR over 26,000 lb (11,800 kg) shall not exceed either 68 mph (109 km/hr) or the manufacturer’s maximum fire service speed rating for the tires installed on the apparatus, whichever is lower. If the combined water tank and foam agent tank capacities on the fire apparatus exceed 1250 gal (4732 L), or the GVWR of the vehicle is over 50,000 lb (22,680 kg), the maximum top speed of the apparatus shall not exceed either 60 mph (95 km/ hr) or the manufacturer’s maximum fire service speed rating for the tires installed on the apparatus, whichever is lower. SERVICEABILITY The fire apparatus shall be designed to allow the manufacturer’s recommended routine maintenance checks of lubricant and fluid levels to be performed by the operator without lifting the cab of a tilt-cab apparatus or without the need for hand tools. Where special tools are required for routine service on any component of the apparatus, such tools shall be provided with the apparatus. Apparatus components that interfere with repair or removal of other major components shall be attached with fasteners, such as cap screws and nuts, so that the components can be removed and installed with ordinary hand tools. These components shall not be welded or otherwise permanently secured into place. 451 SVI Trucks 10/10/24 Page 4 of 134 FIRE APPARATUS DOCUMENTATION The contractor shall supply, at the time of delivery, at least one (1) copy of the following documents: 1) The manufacturers record of apparatus construction details, including the following documents: a) Owner’s name and address b) Apparatus manufacturer, model, and serial number c) Chassis make, model, and serial number d) GAWR of front and rear axles and GVWR e) Front tire size and total rated capacity in pounds (kilograms) f) Rear tire size and total rated capacity in pounds (kilograms) g) Chassis weight distribution in pounds (kilograms) with water and manufacturer-mounted equipment (front and rear) h) Engine make, model, serial number, rated horsepower and related speed, and governed speed; and if so equipped, engine transmission PTO(s) make, model, and gear ratio i) Type of fuel and fuel tank capacity j) Electrical system voltage and alternator output in amps k) Battery make, model, and capacity in cold cranking amps (CCA) l) Chassis transmission make, model, and serial number; and if so equipped, chassis transmission PTO(s) make, model, and gear ratio m) Ratios of all driving axles n) Maximum governed road speed o) Pump make, model, rated capacity in gallons per minute (liters per minute where applicable), maximum discharge pressure capability rating, and serial number p) Pump transmission make, model, serial number, and gear ratio q) Auxiliary pump make, model, rated capacity in gallons per minute (liters per minute where applicable), and serial number r) Water tank certified capacity in gallons or liters s) Foam tank (if provided) certified capacity in gallons (liters) t) Aerial device type, rated vertical height in feet (meters), rated horizontal reach in feet (meters), and rated capacity in pounds (kilograms) u) Paint manufacturer and paint number(s) v) Company name and signature of responsible company representative w) Weight documents from a certified scale showing actual loading on the front axle, rear axle(s), and overall fire apparatus (with the water tank full but without personnel, equipment, and hose) 2) Certification of compliance of the optical warning system (see 13.8.16) 3) Siren manufacturer’s certification of the siren (see 13.9.1.1) 4) Written load analysis and results of the electrical system performance tests (see 13.14.1 and Section 13.15) 5) Certification of slip resistance of all stepping, standing, and walking surfaces (see 15.7.4.5) 6) If the apparatus has a fire pump, the pump manufacturer's certification of suction capability (see 16.2.4.1) 7) If the apparatus is equipped with a fire pump and special conditions are specified by the purchaser, the pump manufacturer’s certification of suction capacity under the special conditions (see 16.2.4.2) 8) If the apparatus has a fire pump, a copy of the apparatus manufacturer’s approval for stationary pumping applications (see 16.3.1) 9) If the apparatus has a fire pump, the engine manufacturer’s certified brake horsepower curve for the engine furnished, showing the maximum governed speed (see 16.3.2.2) 10) If the apparatus has a fire pump, the pump manufacturer's certification of the hydrostatic test (see 16.5.2.2) 11) If the apparatus has a fire pump with a maximum discharge pressure capability rating that exceeds the hydrostatic test pressure of 16.5.2.1, the pump manufacturer’s certification of the hydrodynamic test 452 SVI Trucks 10/10/24 Page 5 of 134 12) If the apparatus has a fire pump, the certification of inspection and test for the fire pump (see 16.13.1.1.5 or 16.13.1.2.4 as applicable) 13) If the apparatus is equipped with an auxiliary pump, the apparatus manufacturer’s certification of the hydrostatic test (see Section 17.13) 14) When the apparatus is equipped with a water tank, the certification of water tank capacity (see Section 18.6) 15) If the apparatus has an aerial device, the certification of inspection and test for the aerial device (see Section 19.24) 16) If the apparatus has an aerial device, all the technical information required for inspections to comply with NFPA 1911 17) If the apparatus has a foam proportioning system, the foam proportioning system manufacturer’s certification of accuracy (see 20.10.4.2) and the final installer’s certification the foam proportioning system meets this standard (see 20.11.2) 18) If the system has a CAFS, the documentation of the manufacturer’s pre delivery tests (see Section 21.9) 19) If the apparatus has a line voltage power source, the certification of the test for the power source (see 22.15.7.2) 20) If the apparatus is equipped with an air system, air tank certificates (see 24.5.1.2), the SCBA fill station certification (see 24.9.6), and the results of the testing of the air system installation (see 24.14.5 and 24.15.4) 21) Any other required manufacturer test data or reports OPERATIONS AND SERVICE DOCUMENTATION The contractor shall deliver with the fire apparatus complete operation and service documentation covering the completed apparatus as delivered and accepted. The documentation shall address at least the inspection, service, and operations of the fire apparatus and all major components thereof. The contractor shall also deliver with the fire apparatus the following documentation for the entire apparatus and each major operating system or major component of the apparatus: 1) Manufacturer’s name and address 2) Country of manufacture 3) Source for service and technical information 4) Parts replacement information 5) Descriptions, specifications, and ratings of the chassis, pump (if applicable), and aerial device (if applicable) 6) Wiring diagrams for low voltage and line voltage systems to include the following information: a) Pictorial representations of circuit logic for all electrical components and wiring b) Circuit identification c) Connector pin identification d) Zone location of electrical components e) Safety interlocks f) Alternator–battery power distribution circuits g) Input/output assignment sheets or equivalent circuit logic implemented in multiplexing systems 7) Lubrication charts 8) Operating instructions for the chassis, any major components such as a pump or aerial device, and any auxiliary systems 9) Precautions related to multiple configurations of aerial devices, if applicable 10) Instructions regarding the frequency and procedure for recommended maintenance 11) Overall apparatus operating instructions 12) Safety considerations 13) Limitations of use 14) Inspection procedures 15) Recommended service procedures 16) Troubleshooting guide 17) Apparatus body, chassis and other component manufacturer’s warranties 453 SVI Trucks 10/10/24 Page 6 of 134 18) Special data required by this standard 19) A material safety data sheet (MSDS) for any fluid that is specified for use on the apparatus The contractor shall deliver with the apparatus all manufacturer's operations and service documents supplied with components and equipment that are installed or supplied by the contractor. NFPA REQUIRED DOCUMENTATION FORMAT - Online @ SVI Trucks . com The vehicle construction details and the operations and service documentation as required per NFPA 1900 latest edition shall be provided online. These manuals shall be divided into sections for ease of reference. FIRE APPARATUS SAFETY GUIDE A Fire Apparatus Safety Guide published by Fire Apparatus manufacturer's Association shall be provided with delivered vehicle. This manual includes essential safety information for fire fighters, fire chiefs, apparatus mechanics, and fire department safety officers. The guide is applicable to municipal, wildland, and airport fire fighting apparatus manufactured on either custom or commercial chassis. STATEMENTOF EXCEPTIONS The final-stage manufacturer shall deliver with the fire apparatus either a certification that the apparatus fully complies with all requirements of this standard or alternatively, a Statement of Exceptions specifically describing each aspect of the completed apparatus that is not fully compliant with the requirements of this standard at the time of delivery. The Statement of Exceptions shall contain, for each noncompliant aspect of the apparatus or missing required item, the following information: 1) A separate specification of the section of the applicable standard for which compliance is lacking 2) A description of the particular aspect of the apparatus that is not in compliance therewith or required equipment that is missing 3) A description of the further changes or modifications to the delivered apparatus that must be completed to achieve full compliance 4) Identification of the entity that will be responsible for making the necessary post delivery changes or modifications or for supplying and installing any missing required equipment to the apparatus to achieve full compliance with this standard Prior to or at the time of delivery of the apparatus, the Statement of Exceptions shall be signed by an authorized agent of the entity responsible for final assembly of the apparatus and by an authorized agent of the purchasing entity, indicating mutual understanding and agreement between the parties regarding the substance thereof. CARRYING CAPACITY The GAWR and the GCWR or GVWR of the chassis shall be adequate to carry the weight of the completed vehicle when loaded to its estimated in-service weight. The manufacturer shall establish the estimated in service weight during the design of the vehicle. The estimated in-service weight shall include the following: 1. The chassis, body and tank(s) 2. Full fuel, lubricant, and other chassis or component fluid tanks or reservoirs 3. Full water and other agent tanks 4. *250 lb (114 kg) in each seating position 454 SVI Trucks 10/10/24 Page 7 of 134 5. Fixed equipment such as pumps, aerial devices, generators, reels and air systems as installed 6. Ground ladders, suction hose, designed hose load in their hose beds and on their reels 7. An allowance for miscellaneous equipment that is the greatest of the following: a) The values shown for items 1 - 7 b) A purchaser-provided list of equipment to be carried with weights c) A purchaser-specified miscellaneous equipment allowance The manufacturer shall engineer and design the fire apparatus such that the completed apparatus, when loaded to its estimated in-service weight, with all movable weights distributed as close as is practical to their intended in-service configuration, does not exceed the GVWR. A final manufacturer's certification of the GVWR or GCWR, along with a certification of each GAWR, shall be supplied on a label affixed to the vehicle. The fire apparatus manufacturer shall permanently affix a high-visibility label in a location visible to the driver while seated. The label shall show the height of the completed unequipped fire apparatus in feet and inches (meters), the length of the completed fire apparatus in feet and inches (meters), and the GVWR in tons (metric tons). Wording on the label shall indicate that the information shown was current when the apparatus was manufactured and that, if the overall height changes while the vehicle is in service, the fire department must revise that dimension on the plate. Equipment Allowance Apparatus Type Equip. Storage Area Apparatus Size lb. kg. Special Service Fire Apparatus Minimum of 120 cu ft (3.4 cu mt) of enclosed compartmentation. 10,000 lb to 15,000 lb (4,500 kg to 7,000 kg) GVWR 2,000 910 15,001 lb to 20,000 lb (7,001 kg to 9,000 kg) GVWR 2,500 1,135 20,001 lb to 30,000 lb (9,001 kg to 14,000 kg) GVWR 3,000 1,350 30,001 lb to 40,000 lb (14,001 kg to 18,000 kg) GVWR 4,000 1,800 40,001 lb to 50,000 lb (18,001 kg to 23,000 kg) GVWR 6,000 2,700 50,001 lb to 60,000 lb (23,001 kg to 27,000 kg) GVWR 8,000 3.600 60,001 lb and up (27,001 kg) GVWR 10,000 4,500 TESTING 455 SVI Trucks 10/10/24 Page 8 of 134 ROAD TEST Each apparatus shall be tested by the manufacturer before delivery to verify that it meets the following criteria; Tests shall be conducted at a location and in a manner that does not violate local, state or provincial, or federal traffic laws. Tests shall be conducted on a dry, level, paved surface that is free of loose material, oil, or grease. Tests shall be conducted with the water and foam tanks full (water or product). The apparatus shall accelerate from 0 to 35 mph (55 km/hr) within 25 seconds. The apparatus shall attain a speed of 50 mph (80 km/ hr). The auxiliary braking system, if so equipped, shall function as intended by the auxiliary braking system manufacturer. The air service brakes shall bring the apparatus to a complete stop from a speed of 20 mph (32.2 km/hr) in a distance not exceeding 35 ft (10.7 m). The hydraulic service brakes shall bring the apparatus to a complete stop from a speed of 30 mph (48.2 km/hr) in a distance not exceeding 88 ft (26.8 m). LOW VOLTAGE - ELECTRICAL SYSTEM PERFORMANCE TEST The vehicles low voltage electrical system shall be tested and certified by the manufacturer. The certified test results shall be delivered with the completed vehicle. Tests shall be performed when the air temperature is between 0°F and 110°F (– 18°C and 43°C). TEST SEQUENCE The following three (3) tests shall be performed in the order in which they appear below. Before each test, the batteries shall be fully charged until the voltage stabilizes at the voltage regulator set point and the lowest charge current is maintained for ten (10) minutes. Failure of any of these tests shall require a repeat of the sequence. 1. RESERVE CAPACITY TEST The engine shall be started and kept running until the engine and engine compartment temperatures are stabilized at normal operating temperatures and the battery system is fully charged. The engine shall be shut off and the minimum continuous electrical load shall be activated for ten (10) minutes. All electrical loads shall be turned off prior to attempting to restart the engine. The battery system shall then be capable of restarting the engine. Failure to restart the engine shall be considered a test failure of the battery system. 2. ALTERNATOR PERFORMANCE TEST TEST AT IDLE The minimum continuous electrical load shall be activated with the engine running at idle speed. The engine temperature shall be stabilized at normal operating temperature. The battery system shall be tested to detect the presence of battery discharge current. The detection of battery discharge current shall be considered a test failure. 456 SVI Trucks 10/10/24 Page 9 of 134 TEST AT FULL LOAD The total continuous electrical load shall be activated with the engine running up to the engine manufacturer’s governed speed. The test duration shall be a minimum of two (2) hours. Activation of the load management system shall be permitted during this test. An alarm sounded by excessive battery discharge, as detected by the warning system required in 13.3.4, or a system voltage of less than 11.8 V dc for a 12 V nominal system, 23.6 V dc for a 24 V nominal system, or 35.4 V dc for a 42 V nominal system for more than 120 seconds shall be considered a test failure. 3. LOW VOLTAGE ALARM TEST The following test shall be started with the engine off and the battery voltage at or above 12 V for a 12 V nominal system, 24 V for a 24 V nominal system or 36 V for a 42 V nominal system. With the engine shut off, the total continuous electrical load shall be activated and shall continue to be applied until the excessive battery discharge alarm activates. The battery voltage shall be measured at the battery terminals. The test shall be considered a failure if the alarm does not sound in less than 140 seconds after the voltage drops to 11.70 V for a 12 V nominal system, 23.4 V dc for a 24 V nominal system, or 35.1 V for a 42 V nominal system. The battery system shall then be able to restart the engine. Failure to restart the engine shall be considered a test failure. LOW VOLTAGE - ELECTRICAL SYSTEM PERFORMANCE TEST DOCUMENTATION The manufacturer shall deliver the following with the fire apparatus: 1) Documentation of the electrical system performance tests 2) A written electrical load analysis, including the following: a) The nameplate rating of the alternator b) The alternator rating c) Each of the component loads specified that make up the minimum continuous electrical load d) Additional electrical loads that, when added to the minimum continuous electrical load, determine the total continuous electrical load e) Each individual intermittent electrical load UL 120/240 VAC CERTIFICATION The 120/240 volt electrical system shall be third-party, independent, audit-certified through Underwriters Laboratory (UL) to the current edition of NFPA 1901 to perform as listed below; The prime mover shall be started from a cold start condition, and the unloaded voltage and frequency shall be recorded. The line voltage electrical system shall be loaded to at least 100% of the continuous rated wattage stated on the power source specification label. Testing with a resistive load bank shall be permitted. The power source shall be operated in the manner specified by the apparatus manufacturer as documented on instruction plates or in operation manuals. The power source shall be operated at a minimum of 100% of the continuous rated wattage as stated on the power source specification label for a minimum of two (2) hours. 457 SVI Trucks 10/10/24 Page 10 of 134 The load shall be adjusted to maintain the output wattage at or above the continuous rated wattage during the entire 2- hour test. The following conditions shall be recorded at least every 1/2 hour during the test: 1) The power source output voltage, frequency and amperes 2) The prime mover’s oil pressure, water temperature and transmission temperature, if applicable 3) The power source hydraulic fluid temperature, if applicable 4) The ambient temperature and power source air inlet temperature The following conditions shall be recorded once during the test for power sources driven by dedicated auxiliary internal combustion engines: 1) Altitude 2) Barometric pressure 3) Relative humidity If the generator is driven by the chassis engine and the generator allows for operation at variable speeds, the chassis engine speed shall be reduced to the lowest rpm allowed for generator operation and the voltage and frequency shall be recorded. The load shall be removed and the unloaded voltage and frequency shall be recorded. Voltage shall be maintained within ±10% of the voltage stated on the power source specification label during the entire test. Frequency shall be maintained within ±3 Hz of the frequency stated on the power source specification label during the entire test. The total continuous electrical loads, excluding those loads associated with the equipment defined in NFPA 22.15.7.3.11.2, shall be applied during the testing unless an auxiliary engine drives the power source. If the apparatus is equipped with a fire pump, the 2-hour certification test of the power source shall be completed with the fire pump pumping at 100% capacity at 150 psi (1000 kPa) net pump pressure. The test shall be permitted to be run concurrently with the pump certification test. DOCUMENTATION The results of each test shall be recorded on an appropriate form and provided with the delivery of the fire apparatus. DIELECTRIC VOLTAGE WITHSTAND TEST The line voltage wiring and permanently connected devices and equipment shall be subjected to a dielectric voltage withstand test of 900 volts for one (1) minute. The testing shall be performed after all body work has been completed. The test shall be conducted as follows: 1) Isolate the power source from the panel board and disconnect any solid state low voltage components 2) Connect one lead of the dielectric tester to all the hot and neutral buses tied together 3) Connect the other lead to the fire apparatus frame or body 4) Close any switches and circuit breakers in the circuit(s) 5) Apply the dielectric voltage for one (1) minute in accordance with the testing equipment manufacturer’s instructions 458 SVI Trucks 10/10/24 Page 11 of 134 The electrical polarity of all permanently wired equipment, cord reels and receptacles shall be tested to verify that wiring connections have been properly made. Electrical continuity shall be verified from the chassis or body to all line voltage electrical enclosures, light housings, motor housings, light poles, switch boxes and receptacle ground connections that are accessible to fire fighters in normal operations. If the apparatus is equipped with a transfer switch, it shall be tested to verify operation and that all non grounded conductors are switched. Electrical light towers, floodlights, motors, fixed appliances and portable generators shall be operated at their full rating or capacity for 30 minutes to ensure proper operation. WARRANTY A full statement shall be provided of the warranties for the vehicle(s) being bid. Warranties should clearly describe the terms under which the vehicle manufacturer accepts responsibility for the cost to repair defects caused by faulty design, quality of work or material and for the applicable period of time after delivery. Cost of repairs refers to all costs related thereto including, but not limited to, the cost of materials and the cost of labor. The Body Manufacturer shall warrant all materials and accessories used on the vehicle(s), whether fabricated by manufacturer or purchased from an outside source and will deal directly with the Colony Fire Department on all warranty work. GENERAL LIMITED WARRANTY - TWO (2) YEARS The vehicle shall be free of defects in material and workmanship for a period of two (2) years or 36,000 miles (or 57,936 kilometers), whichever occurs first starting thirty (30) days after the original invoice date. The Contractor must be the "single source" coordinator of all warranties on the vehicle. LOW VOLTAGE ELECTRICAL WARRANTY - FIVE (5) YEARS The vehicle low voltage electrical system shall be free of defects in material and workmanship for a period of five (5) years or 60,000 miles (or 96,561 kilometers), whichever occurs first, starting thirty (30) days after the original invoice date. STRUCTURAL WARRANTY - TEN (10) YEARS The body shall be free of structural or design failure or workmanship for a period of ten (10) years, or 100,000 miles (or 160,934 kilometers), whichever occurs first, starting thirty (30) days after the original invoice date. UNDERCOAT WARRANTY The body undercoating shall have a warranty provided by the manufacturer for the lifetime of the vehicle or twenty (20) years, whichever occurs first. The warranty shall be transferable between vehicle owners. Should the undercoating material applied to the underside of the body and wheel wells of the vehicle ever flake off, peel, chip or crack due to drying out, the damaged area shall be re-sprayed without charge to the vehicle owner. 459 SVI Trucks 10/10/24 Page 12 of 134 PAINT LIMITED WARRANTY - TEN (10) YEARS The body shall be free of bubbling or peeling as a result of a defect in the method of manufacture for a period of ten (10) years or 100,000 miles (or 160,934 kilometers), whichever occurs first, starting thirty (30) days after the original invoice date. Pro-rated warranties will not be acceptable. GRAPHICS LIMITED WARRANTY The 3M graphics installation shall be warranted for a period of two (2) years. The 3M materials installed on completed vehicle shall be warranted for seven (7) years. The 3M Diamond grade film (if specified) shall be warranted for ten (10) years. CONSTRUCTION PERIOD The completed vehicle shall be delivered within nine hundred (900) days after pre-construction meeting and receipt and approval of any signed change orders from Colony Fire Department. Contractor shall not be held liable for delays of chassis delivery due to accidents, strikes, floods or other events not subject to their control. Contractor shall provide written notice to Colony Fire Department as to delays and to what extent these delays have in completing vehicle within the stated construction time period. DEALER MAKE READY PERIOD The completed vehicle shall be delivered after fourteen (14) days for dealer preparation after completed apparatus delivered to dealer location. OVERALL HEIGHT REQUIREMENT There is no overall height (OAH) restriction for this vehicle. OVERALL LENGTH REQUIREMENT There is no overall length (OAL) restriction for this vehicle. ANGLE OF APPROACH The angle of approach for this vehicle shall not be less than eight (8) degrees when it is loaded to the estimated in-service weight as specified by the current edition of NFPA 1901. ANGLE OF DEPARTURE The angle of departure for this vehicle shall not be less than eight (8) degrees when it is loaded to the estimated in-service weight as specified by the current edition of NFPA 1901. 460 SVI Trucks 10/10/24 Page 13 of 134 Specification MODEL The chassis shall be a Metro Star model. The cab and chassis shall include design considerations for multiple emergency vehicle applications, rapid transit and maneuverability. The chassis shall be manufactured for heavy duty service with the strength and capacity to support a fully laden apparatus, one hundred (100) percent of the time. MODEL YEAR The chassis shall have a vehicle identification number that reflects a 2025 model year. COUNTRY OF SERVICE The chassis shall be put in service in the country of United States of America (USA). The chassis will meet applicable U.S.A. federal motor vehicle safety standards per CFR Title 49 Chapter V Part 571 as clarified in the incomplete vehicle book per CFR Title 49 Chapter V Part 568 Section 4 which accompanies each chassis. The chassis manufacturer is not responsible for compliance to state, regional, or local regulations. Dealers should identify those regulations and order any necessary optional equipment from the chassis manufacturer or their OEM needed to be in compliance with those regulations. CAB AND CHASSIS LABELING LANGUAGE The cab and chassis shall include the applicable caution, warning, and safety notice labels with text to be written in English. All applicable caution, warning, and safety notice labels shall be Innovative Controls brand. Where applicable to the location within the specific layout and label package of the cab and chassis, the labels shall include decorative chrome bezels. Designs shall include bezels that fit individual labels or packaged configurations of labels in certain common locations. APPARATUS TYPE The apparatus shall be a rescue vehicle designed for emergency service use which shall include the functions of a multipurpose vehicle which primarily provides support services at emergency scenes. VEHICLE TYPE The chassis shall be manufactured for use as a straight truck type vehicle and designed for the installation of a permanently mounted apparatus behind the cab. The apparatus of the vehicle shall be supplied and installed by the apparatus manufacturer. VEHICLE ANGLE OF APPROACH PACKAGE The angle of approach of the apparatus shall be a minimum of 8.00 degrees. NFPA1901 Angle of Approach definition: “To determine the angle of approach, place a thin steel strip against the front of the tires where they touch the ground or stretch a tight string from one front tire to the other at the front where they touch the ground. Determine the lowest point (component or equipment) on the vehicle forward of the front tire that would make the smallest angle of approach. Hang a plumb bob from the lowest point and mark the point on the ground where the point of the plumb bob touches. Measure the vertical distance from the ground to the point where the plumb bob was hung (distance V). Measure the horizontal 461 SVI Trucks 10/10/24 Page 14 of 134 distance from the plumb bob point to the steel strip or string running from front tire to front tire (distance H). Divide the vertical distance by the horizontal distance. The ratio of V/H is the tangent of the angle of approach. If the ratio is known, the angle of approach can be determined from a table of trigonometric functions of angles or from a math calculator. The standard requires a minimum angle of approach of 8.00 degrees: since the tangent of 8.00 degrees is 0.1405, if V divided by H is 0.1405 or larger, the angle of approach is 8.00 degrees or greater.” AXLE CONFIGURATION The chassis shall feature a 4 x 2 axle configuration consisting of a single rear drive axle with a single front steer axle. GROSS AXLE WEIGHT RATINGS FRONT The front gross axle weight rating (GAWR) of the chassis shall be 20,000 pounds. This front gross axle weight rating shall be adequate to carry the weight of the completed apparatus including all equipment and personnel. GROSS AXLE WEIGHT RATINGS REAR The rear gross axle weight rating (GAWR) of the chassis shall be 24,000 pounds. This rear gross axle weight rating shall be adequate to carry the weight of the completed apparatus including all equipment and personnel. WATER & FOAM TANK CAPACITY The chassis shall include a carrying capacity of up to 750 gallons (2839 liters). The water and/or foam tank(s) shall be supplied and installed by the apparatus manufacturer. CAB STYLE The cab shall be a custom, fully enclosed, LTD model with a flat roof over the driver and officer area, designed and built specifically for use as an emergency response vehicle by a company specializing in cab and chassis design for all emergency response applications. The cab shall be designed for heavy-duty service utilizing superior strength and capacity for the application of protecting the occupants of the vehicle. This style of cab shall offer up to two (2) seating positions. The cab shall incorporate a fully enclosed design with side wall roof supports, allowing for a spacious cab area with no partition between the front and rear sections of the cab. To provide a superior finish by reducing welds that fatigue cab metal; the roof, the rear wall and side wall panels shall be assembled using a combination of welds and proven industrial adhesives designed specifically for aluminum fabrication for construction. The cab shall be constructed using multiple aluminum extrusions in conjunction with aluminum plate, which shall provide proven strength and the truest, flattest body surfaces ensuring less expensive paint repairs if needed. All aluminum welding shall be completed to the American Welding Society and ANSI D1.2-96 requirements for structural welding of aluminum. All interior and exterior seams shall be sealed for optimum noise reduction and to provide the most favorable efficiency for heating and cooling retention. The cab shall be constructed of 5052-H32 corrosion resistant aluminum plate. The cab shall incorporate tongue and groove fitted 6061-T6 0.13 & 0.19 inch thick aluminum extrusions for extreme duty situations. A single formed, one (1) 462 SVI Trucks 10/10/24 Page 15 of 134 piece extrusion shall be used for the “A” pillar, adding strength and rigidity to the cab as well as additional roll-over protection. The cab side walls and lower roof skin shall be 0.13 inch thick; the rear wall and raised roof skins shall be 0.09 inch thick; the front cab structure shall be 0.19 inch thick. The exterior width of the cab shall be 94.00 inches wide with a minimum interior width of 88.00 inches. The overall cab length shall be 110.10 inches with 33.00 inches from the centerline of the front of the axle to the back of the cab. The cab interior shall be designed to afford the maximum usable interior space and attention to ergonomics with hip and legroom while seated which exceeds industry standards. The cab shall offer an interior height of 57.50 inches from the front floor to the headliner at a minimum. All interior measurements shall include the area within the interior trimmed surfaces and not to any unfinished surface. The cab shall include a driver and officer area with two (2) cab doors large enough for personnel in full firefighting gear. The doors shall offer a clear opening of 40.25 inches wide X 53.50 inches high, from the cab floor to the top of the door opening. The cab shall incorporate a progressive two (2) step configuration from the ground to the cab floor at each door opening. The progressive steps are vertically staggered and extend the full width of each step well allowing personnel in full firefighting gear to enter and exit the cab easily and safely. The first step for the driver and officer area shall measure approximately 11.50 inches deep X 31.13 inches wide. The intermediate step shall measure approximately 8.50 inches deep X 32.50 inches wide. The height from the first step to the intermediate step and the intermediate step to the cab floor shall not exceed 11.00 inches. OCCUPANT PROTECTION An IMMI 4Front® occupant protection system shall be installed in the vehicle’s cab. The system shall inflate three (3) air bags in the following locations: • Steering wheel air bag to protect the head and neck of the driver • Knee bolster air bag to protect the driver’s legs • Knee bolster air bag to protect the officer’s legs The air bags shall use a combination of high-pressure stored argon and oxygen with a pyrotechnic charge for initiation to inflate the bags remain inflated for several seconds. The system shall be connected to the crash detection sensor that will also activate the driver and first officer integrated belt pretensioners if it detects a frontal crash. A RollTek™ rollover occupant protection system shall be installed in the apparatus cab. The system shall include an integrated roll sensor (IRS) master module and a slave sensor in applicable configurations. The IRS shall be a microprocessor-controlled solid-state sensing device that utilizes vehicle-specific calibrations to detect rollovers. The IRS shall be equipped with pyrotechnic loops for connection to the protective countermeasures which shall include seat integrated side roll airbags (SRA), integrated seat belt pretensioners, and air seat pull-downs (S4S), in applicable occupant seat positions. The IRS shall continuously monitor the truck`s acceleration and angle, and upon detection of an imminent roll-over, shall activate protective countermeasures in a pre-programmed sequence. In addition, the IRS shall also act as a data recorder to record crash events for post-crash evaluation. 463 SVI Trucks 10/10/24 Page 16 of 134 CAB FRONT FASCIA The front cab fascia shall be constructed of 5052-H32 Marine Grade, 0.13 of an inch thick aluminum plate which shall be an integral part of the cab. The cab fascia will encompass the entire front of the aluminum cab structure from the bottom of the windshield to the bottom of the cab and shall be the “Classic” design. The front cab fascia shall include two (2) molded plastic modules on each side accommodating a total of up to four (4) Hi/Low beam headlights and two (2) turn signal lights or up to four (4) warning lights. A chrome plated molded plastic bezel shall be provided on each side around each set of four lamps. FRONT GRILLE The front fascia shall include a box style, 304 stainless steel front grille 44.45 inches wide X 33.50 inches high X 1.50 inches deep. The grille shall include a minimum free air intake of 732.00 square inches. The upper portion of the grille shall be hinged to provide service access behind the grille. The grille and hinge shall be painted gloss .RED CAB UNDERCOAT There shall be undercoating applied to the underside of the cab which provides an abrasion resistant coating for protection against corrosion caused by moisture, salt, alkalis and galvanic reaction. CAB SIDE DRIP RAIL There shall be a drip rail along the top radius of each cab side. The drip rails shall help prevent water from the cab roof running down the cab side. CAB PAINT EXTERIOR The cab exterior shall be painted two tone per customers specified paint colors following the RFG-SR-001 paint standards. CAB PAINT PROCESS/MANUFACTURER The cab shall be painted with Sikkens paint prior to the installation of glass accessories and all other cab trim to ensure complete paint coverage and the maximum in corrosion protection of all metal surfaces. All metal surfaces on the cab shall be mechanically etched by sanding disc to remove any surface oxidation or surface debris which may hinder the paint adhesion. Once all imperfections on the exterior surfaces are removed and sanded smooth, body fillers shall be applied to the cab on all surfaces that require a critically aesthetic finish and sanded smooth. The entire cab shall then be coated with a high quality base primer that is designed to fill any minor surface defects, provide an adhesive bond between the primer and the paint and improve the color and gloss retention of the color. The finish to this procedure shall be sanding the cab to a smooth finish followed by sealing the seams with an automotive seam sealer. The minimum thickness of the primer coat after sanding shall be 2.50 mils with a maximum thickness of 5.00 mils. The cab shall then be painted the specific color(s) designated by the customer with an acrylic urethane type system designed to retain color and resist acid rain and most atmospheric chemicals found on an emergency scene. The paint shall have a minimum thickness of 1.00 mils with a maximum of 4 mills, followed by a clear top coat with a minimum of 2.5 mils and a maximum of 3.5 mils. The entire cab shall then be baked to speed the curing process of the coatings. 464 SVI Trucks 10/10/24 Page 17 of 134 CAB PAINT PRIMARY/LOWER COLOR The primary/lower paint color shall be Sikkens FLNA 3042 Red. CAB PAINT SECONDARY/UPPER COLOR The secondary/upper paint color shall be Sikkens FLNA 4040 White. CAB PAINT EXTERIOR BREAKLINE The upper and lower paint shall meet at a breakline on the cab which is specifically detailed by the customer. This special paint breakline shall be represented in a photograph or drawing and shall be provided with the chassis order. CAB PAINT PINSTRIPE Where the upper and lower paint colors meet a temporary 0.50 inch wide black pinstripe shall be applied over this break line to offer a more finished look prior to the final pinstripe being installed by the OEM. CAB PAINT WARRANTY Purchaser shall receive a Paint and Finish (Exterior Clear coated) Ten (10) Years limited warranty in accordance with, and subject to, warranty certificate RFW0710. The warranty certificate is incorporated by reference into this proposal, and included with this proposal or available upon request. CAB PAINT INTERIOR The visible interior cab structure surfaces shall feature a medium gray spray on bedliner coating which shall mold to each surface of the cab interior. The bedliner shall be environmentally friendly and chemically resistant. CAB ENTRY DOORS The cab shall include two (2) front entry doors. The doors shall be constructed of extruded aluminum with a nominal thickness of 0.13 inch. The exterior skins shall be constructed of 0.13 inch aluminum plate. The doors shall include a double rolled style automotive rubber seal around the perimeter of each door frame and door edge which ensures a weather tight fit. All door hinges shall be hidden within flush mounted cab doors for a pleasing smooth appearance and perfect fit along each side of the cab. Each door hinge shall be piano style with a 0.38 inch pin and shall be constructed of stainless steel. CAB ENTRY DOOR TYPE All cab entry doors shall be barrier clear design resulting in exposed lower cab steps. The doors shall provide approximately 32.00 inches of clearance from the ground to the bottom of the door so cab doors may be opened un- hindered by most obstacles encountered, such as guard rails along interstate highways. Entry doors shall include Pollak mechanical plunger style switches for electrical component activation. CAB INSULATION 465 SVI Trucks 10/10/24 Page 18 of 134 The cab ceiling and walls shall include a nonwoven polyester fiber insulation. The insulation shall act as a barrier absorbing noise as well as assisting in sustaining the desired climate within the cab interior. LH EXTERIOR REAR COMPARTMENT The cab shall contain an exterior compartment on the left side of the cab behind the door. The compartment size shall be 30.00 inches wide X 39.38 inches high. The compartment shall be transverse running the length of the cab wall. LEFT HAND EXTERIOR REAR COMPARTMENT LIGHTING There shall be two (2) clear LED strip lights installed to illuminate the exterior rear compartment on the left side of the cab. The strip lights shall be sized appropriately to illuminate all usable surfaces in the compartment. LH EXTERIOR COMPARTMENT INTERIOR FINISH The interior of the left hand exterior compartment shall feature medium gray spray on bedliner coating. RH EXTERIOR REAR COMPARTMENT The cab shall contain an exterior compartment on the right side of the cab behind the door. The compartment size shall be 30.00 inches wide X 39.38 inches high. The compartment shall be transverse running the length of the cab wall. RIGHT HAND EXTERIOR REAR COMPARTMENT LIGHTING There shall be two (2) clear LED strip lights installed to illuminate the exterior rear compartment on the right side of the cab. The strip lights shall be sized appropriately to illuminate all usable surfaces in the compartment. RH EXTERIOR COMPARTMENT INTERIOR FINISH The interior of the right hand exterior compartment shall feature a medium gray spray on bedliner coating. CAB STRUCTURAL WARRANTY Purchaser shall receive a Cab Structure (Aluminum) Ten (10) Years or 100,000 Miles limited warranty in accordance with, and subject to, warranty certificate RFW0602. The warranty certificate is incorporated by reference into this proposal, and included with this proposal or available upon request. CAB TEST INFORMATION The cab shall have successfully completed the preload side impact, static roof load application and frontal impact without encroachment to the occupant survival space when tested in accordance with Section 4 of SAE J2420 COE Frontal Strength Evaluation Dynamic Loading Heavy Trucks, Section 5 of SAE J2422 Cab Roof Strength Evaluation Quasi –Static Loading Heavy Trucks and ECE R29 Uniform Provisions Concerning the Approval of Vehicles with regard to the Protection of the Occupants of the Cab of a Commercial Vehicles Annex 3 Paragraph 5. The above tests have been witnessed by and attested to by an independent third party. The test results were recorded using cameras, high speed imagers, accelerometers and strain gauges. Documentation of the testing shall be provided upon request. 466 SVI Trucks 10/10/24 Page 19 of 134 ELECTRICAL SYSTEM The chassis shall include a single starting electrical system which shall include a 12 volt direct current multiplexing system, suppressed per SAE J551. The wiring shall be appropriate gauge cross link with 311 degree Fahrenheit insulation. All SAE wires in the chassis shall be color coded and shall include the circuit number and function where possible. The wiring shall be protected by 275 degree Fahrenheit minimum high temperature flame retardant loom. All nodes and sealed Deutsch connectors shall be waterproof. APPARATUS WIRING PROVISION An apparatus wiring panel shall be installed in the center dash area behind the rocker switch panel which shall include eight (8) open circuits consisting of three (3) 20 amp, one (1) 25 amp, three (3) 10 amp, and one (1) 15 amp circuit, with relays and breakers with trigger wires which shall be routed to the rocker switch panel. VEHICLE DISPLAY The multiplex electrical system shall include a Weldon Vista IV display which shall be located on the left side of the dash in the switch panel. The Vista IV shall feature a full color LCD display screen which includes a message bar displaying the time of day and important messages requiring acknowledgement by the user which shall all be displayed on the top of the screen in the order they are received. There shall be eight (8) push button virtual controls, four (4) on each side of the display for the on-board diagnostics. The display screen shall be video ready for back-up cameras, thermal cameras, and DVD. The Vista IV display shall offer varying fonts and background colors. The display shall be fully programmable to the needs of the customer and shall offer virtually infinite flexibility for screen configuration options. MULTIPLEX DISPLAY SPECIAL LAYOUT The Vista display and control screen shall be configured specifically for a virtual button on the control screen to override the park brake interlocked deactivation of the wiper system. This will reset when the park brake is cycled. The Vista display and control screen shall also be configured specifically for the vista dimmer control screen to have two dimmer settings. The dimmer settings shall be labeled “DAY” (Normal) and “NIGHT”. This shall omit the additional default settings “MAX” and “DIM”. LOAD MANAGEMENT SYSTEM The apparatus load management shall be performed by the included multiplex system. The multiplex system shall also feature the priority of sequences and shall shed electrical loads based on the priority list specifically programmed. DATA RECORDING SYSTEM The chassis shall have a Weldon Vehicle Data Recorder (VDR) system installed. The system shall be designed to meet NFPA 1901 and shall be integrated with the Weldon Multiplex electrical system. The following information shall be recorded: • Vehicle Speed • Acceleration • Deceleration • Engine Speed • Engine Throttle Position 467 SVI Trucks 10/10/24 Page 20 of 134 • ABS Event • Seat Occupied Status • Seat Belt Status • Master Optical Warning Device Switch Position • Time • Date Each portion of the data shall be recorded at the specified intervals and stored for the specified length of time to meet NFPA 1901 guidelines and shall be retrievable by connecting a laptop computer to the VDR system. The laptop connection shall be a panel mounted female type B USB connection point, remotely mounted in the left side foot well. ACCESSORY POWER The electrical distribution panel shall include two (2) power studs. The studs shall be size #10 and each of the power studs shall be circuit protected with a fuse of the specified amperage. One (1) power stud shall be capable of carrying up to a 40 amp battery direct load. One (1) power stud shall be capable of carrying up to a 15 amp ignition switched load. The two (2) power studs shall share one (1) #10 ground stud. A 225 amp battery direct power and ground stud shall be provided and installed on the chassis near the left hand battery box for OEM body connections. AUXILIARY ACCESSORY POWER An auxiliary six (6) position Blue Sea Systems 5025 blade type fuse panel shall be installed behind the driver's seat. The fuse panel shall be protected by a 40 amp fuse. The panel shall be capable of carrying up to a maximum 40 amp battery direct load. ADDITIONAL ACCESSORY POWER An additional six (6) position Blue Sea Systems 5025 blade type fuse panel shall be installed on the side wall of the engine tunnel behind the officer's seat. The fuse panel shall be protected by a 40 amp fuse. The panel shall be capable of carrying up to a maximum 40 amp battery direct load. EXTERIOR ELECTRICAL TERMINAL COATING All terminals exposed to the elements will be sprayed with a high visibility protective rubberized coating to prevent corrosion. ELECTRICAL SYSTEM WARRANTY Purchaser shall receive an Electrical System Two (2) Years or 36,000 Miles limited warranty in accordance with, and subject to, warranty certificate RFW0202. The warranty certificate is incorporated by reference into this proposal, and included with this proposal or available upon request. ENGINE The chassis engine shall be a Cummins X12 engine. The X12 engine shall be an in-line six (6) cylinder, four-cycle diesel- powered engine. The engine shall offer a rating of 500 horsepower at 1900 RPM and shall be governed at 2000 RPM. The torque rating shall feature 1700-foot pounds of torque at 1000 RPM with 720 cubic inches (11.8 liter) of displacement. The X12 engine shall feature a VGT™ Turbocharger, a high-pressure common rail fuel system, fully integrated electronic controls with an electronic governor, and shall be EPA certified to meet the 2021-26 emissions standards using cooled exhaust gas recirculation and selective catalytic reduction technology. 468 SVI Trucks 10/10/24 Page 21 of 134 The engine shall include an engine mounted combination full flow/by-pass oil filter with replaceable spin on cartridge for use with the engine lubrication system. The engine shall include Citgo brand Citgard 500, or equivalent SAE 15W40 CK-4 low ash engine oil which shall be utilized for proper engine lubrication. A wiring harness shall be supplied ending at the back of the cab. The harness shall include a connector which shall allow an optional harness for the pump panel. The included circuits shall be provided for a tachometer, oil pressure, engine temperature, hand throttle, high idle and a PSG system. A circuit for J1939 data link shall also be provided at the back of the cab. If a pre-2027 emission engine is NOT available at the time of build (starting production on January 1, 2026) your order will automatically be upgraded and charged for either the 2027 engine compliant Cummins X-10 or X-15, with all associated costs being passed on to the end user. No exceptions. CAB ENGINE TUNNEL The cab interior shall include an integrated engine tunnel constructed of 5052-H32 Marine Grade, 0.19 of an inch thick aluminum. The tunnel shall be a maximum of 41.50 inches wide X 25.50 inches high. DIESEL PARTICULATE FILTER CONTROLS There shall be two (2) controls for the diesel particulate filter. One (1) control shall be for regeneration and one (1) control shall be for regeneration inhibit. ENGINE PROGRAMMING HIGH IDLE SPEED The engine high idle control shall maintain the engine idle at approximately 1250 RPM when engaged. ENGINE HIGH IDLE CONTROL The vehicle shall be equipped with an automatic high-idle speed control which shall be pre-set to operate the engine at a specified RPM to increase alternator output if the system voltage drops to 12.5 volts. This device shall automatically operate only when the engine is running, the transmission is in neutral, and with the parking brake set. The automatic high idle will stay engaged for a minimum of ten (10) minutes and until the system, voltage has reached 13.0 volts. Application of the service brake will override the automatic high idle and reset timer. The vehicle shall be equipped with a high-idle speed virtual button on the vehicle display and control screen to activate/deactivate manual control only. It shall be pre-set so when activated, it will operate the engine at the specified RPM to increase alternator output. This device shall operate only when the engine is running, the transmission is in neutral, and with the parking brake set. When automatically engaged the high idle shall disengage when the operator depresses the brake pedal, or the transmission is placed in gear, and shall be available to manually or automatically re-engage when the brake pedal is released, or when the transmission is placed in neutral. Virtual control screen shall not override automatic high idle between voltage parameters during timed cycle. Display shall indicate when high idle is disabled, enabled, or active. ENGINE PROGRAMMING ROAD SPEED GOVERNOR The engine shall include programming which will govern the top speed of the vehicle. AUXILIARY ENGINE BRAKE 469 SVI Trucks 10/10/24 Page 22 of 134 A compression brake, for the six (6) cylinder engine shall be provided. A cutout relay shall be installed to disable the compression brake when in pump mode or when an ABS event occurs. The engine compression brake shall activate upon 0% accelerator when in operation mode and actuate the vehicle’s brake lights. The engine shall utilize a variable geometry turbo (VGT) as an integrated auxiliary engine brake to offer a variable rate of exhaust flow, which when activated in conjunction with the compression brake shall enhance the engine's compression braking capabilities. AUXILIARY ENGINE BRAKE CONTROL An engine compression brake control device shall be included. The electronic control device shall monitor various conditions and shall activate the engine brake only if all of the following conditions are simultaneously detected: • A valid gear ratio is detected. • The driver has requested or enabled engine compression brake operation. • The throttle is at a minimum engine speed position. • The electronic controller is not presently attempting to execute an electronically controlled final drive gear shift. The compression brake shall be controlled via an off/low/medium/high virtual button on the vehicle display and control screen. The system shall remember and default to the last engine brake control setting when the vehicle is shut off and re-started. ELECTRONIC ENGINE OIL LEVEL INDICATOR The engine oil shall be monitored electronically and shall send a signal to activate a warning in the instrument panel when levels fall below normal. The warning shall activate in a low oil situation upon turning on the master battery and ignition switches without the engine running. FLUID FILLS The front of the chassis shall accommodate fluid fill for the engine oil through the grille. This area shall also accommodate a check for the engine oil. The transmission, power steering, and coolant fluid fills and checks shall be under the cab. The windshield washer fill shall be accessible through the front left side mid step. ENGINE DRAIN PLUG The engine shall include an original equipment manufacturer installed oil drain plug. ENGINE WARRANTY The Cummins engine shall be warranted for a period of five (5) years or 100,000 miles, whichever occurs first. ENGINE PROGRAMMING REMOTE THROTTLE The engine ECM (Electronic Control Module) discreet wire remote throttle circuit shall be turned off for use with a J1939 based pump controller or when the discreet wire remote throttle controls are not required. ENGINE PROGRAMMING IDLE SPEED The engine low idle speed will be programmed at 700 rpm. 470 SVI Trucks 10/10/24 Page 23 of 134 ENGINE AIR INTAKE The engine air intake system shall include an ember separator. This ember separator shall be designed to protect the downstream air filter from embers using a combination of unique flat and crimped metal screens packaged in a heavy duty galvanized steel frame. This multilayered screen shall trap embers and allow them to burn out before passing through the pack. The engine air intake system shall also include an air cleaner mounted above the radiator. This air cleaner shall utilize a replaceable dry type filter element designed to prevent dust and debris from being ingested into the engine. A service cover shall be provided on the housing, reducing the chance of contaminating the air intake system during air filter service. The air intake system shall include a restriction indicator light in the warning light cluster on the instrument panel, which shall activate when the air cleaner element requires replacement. ENGINE FAN DRIVE The engine cooling system fan shall incorporate a thermostatically controlled, Horton fully variable type fan drive with SmartClutch J-1939 CAN controller. The variable speed fan clutch only engages at the amount needed for proper cooling to facilitate improved vehicle performance, cab heating in cold climates, and fuel economy. The fan clutch design shall be fail-safe so that if the clutch drive fails the fan shall engage to prevent engine overheating due to the fan clutch failure. The fan speed shall include a J- 1939 CAN clutch controller to receive signal from the engine control module to activate at variable rates of speed. Variable speeds shall be set through thermostatic and engine speed signals to run as efficiently and quietly as required to maintain temperature. ENGINE COOLING SYSTEM There shall be a heavy-duty aluminum cooling system designed to meet the demands of the emergency response industry. The cooling system shall have the capacity to keep the engine properly cooled under all conditions of road and pumping operations. The cooling system shall be designed and tested to meet or exceed the requirements specified by the engine and transmission manufacturer and all EPA requirements. The complete cooling system shall be mounted to isolate the entire system from vibration or stress. The individual cores of the cooling system shall be mounted in a manner to allow expansion and contraction at various rates without inducing stress into the adjoining cores. The cooling system shall be comprised of a charge air cooler to radiator serial flow package that provides the maximum cooling capacity for the specified engine as well as serviceability. The main components shall include a surge tank, a charge air cooler bolted to the front of the radiator, recirculation shields, a shroud, a fan, and required tubing. The radiator shall be a down-flow design constructed with aluminum cores, plastic end tanks, and a steel frame. The radiator shall be equipped with a drain cock to drain the coolant for serviceability. The cooling system shall include a one piece injected molded polymer fan with a three (3) piece fiberglass fan shroud. The cooling system shall be equipped with a surge tank that is capable of removing entrained air from the system. The surge tank shall be equipped with a low coolant probe and rearward oriented sight glass to observe coolant in the system. A cold fill and observation line shall be included within the frame mounted translucent recovery bottle to monitor the level of the coolant. The surge tank shall have a dual seal cap that meets the engine manufacturer's pressure requirements and allows for expansion and recovery of coolant into a separate integral expansion chamber. 471 SVI Trucks 10/10/24 Page 24 of 134 All radiator tubes shall be formed from aluminized steel tubing. Recirculation shields shall be installed where required to prevent heated air from reentering the cooling package and affecting performance. The charge air cooler shall be a cross-flow design constructed completely of aluminum with cast tanks. All charge air cooler tubes shall be formed from aluminized steel tubing and installed with silicone hump hoses and stainless steel “constant torque” style clamps meeting the engine manufacturer's requirements. The radiator and charge air cooler shall be removable through the bottom of the chassis. ENGINE COOLING SYSTEM PROTECTION The engine cooling system shall include a recirculation shield designed to act as a light duty skid plate below the radiator to provide additional protection for the engine cooling system from light impacts, stones, and road debris. The skid plate shall be painted to match the frame components. ENGINE COOLANT The cooling package shall include Extended Life Coolant (ELC). The use of ELC provides longer intervals between coolant changes over standard coolants providing improved performance. The coolant shall contain a 50/50 mix of ethylene glycol and de-ionized water to keep the coolant from freezing to a temperature of -34 degrees Fahrenheit. Proposals offering supplemental coolant additives (SCA) shall not be considered, as this is part of the extended life coolant makeup. ELECTRONIC COOLANT LEVEL INDICATOR The instrument panel shall feature a low engine coolant indicator light which shall be located in the center of the instrument panel. An audible tone alarm shall also be provided to warn of a low coolant incident. COOLANT HOSES The cooling systems hose shall be formed silicone hose and formed aluminized steel tubing and include stainless steel constant torque band clamps. ENGINE COOLANT OVERFLOW BOTTLE A remote engine coolant overflow expansion bottle shall be provided in the case of over filling the coolant system. The overflow bottle shall capture the expansion fluid or overfill rather than allow the fluid to drain on the ground. ENGINE EXHAUST SYSTEM The exhaust system shall include an end-in end-out horizontally mounted single module after treatment device, and downpipe from the charge air cooled turbo. The single module shall include four temperature sensors, diesel particulate filter (DPF), urea dosing module (UL2), and a selective catalytic reduction (SCR) catalyst to meet current EPA standards. The selective catalytic reduction catalyst utilizes a diesel exhaust fluid solution consisting of urea and purified water to convert NOx into nitrogen, water, and trace amounts of carbon dioxide. The solution shall be mixed and injected into the system through the DPF and SCR. The system shall utilize 0.07 inch thick stainless steel exhaust tubing between the engine turbo and the DPF. Zero leak clamps seal all system joints between the turbo and DPF. 472 SVI Trucks 10/10/24 Page 25 of 134 The single module after treatment through the end of the tailpipe shall be connected with zero leak clamps. The discharge shall terminate horizontally on the right side of the vehicle ahead of the rear tires. The exhaust system after treatment module shall be mounted below the frame in the inboard position. The mounting brackets shall be mounted on the inside of the frame. DIESEL EXHAUST FLUID TANK The exhaust system shall include a molded cross linked polyethylene tank for Diesel Exhaust Fluid (DEF). The tank shall have a capacity of six (6) usable gallons and shall be mounted on the left hand side of the chassis frame behind the batteries below the frame. The DEF tank shall be designed with capacity for expansion in case of fluid freezing. Engine coolant, which shall be thermostatically controlled, shall be run through lines in the tank to help prevent the DEF from freezing and to provide a means of thawing the fluid if it should become frozen. The tank fill tube shall be temporarily mounted outside the frame, at the battery box, and behind the cab for routing by the body manufacturer. ENGINE EXHAUST ACCESSORIES The vehicle will include a Plymovent Magnetic Grabber exhaust extraction system collar which shall be shipped loose. ENGINE EXHAUST WRAP The exhaust tubing between the engine turbo and the diesel particulate filter (DPF) shall be wrapped with a thermal cover in order to retain the necessary heat for DPF regeneration. The exhaust wrap shall also help protect surrounding components from radiant heat which can be transferred from the exhaust. The exhaust flex joint shall not include the thermal exhaust wrap. EMISSIONS SYSTEMS WARRANTY Purchaser shall receive a Regulated Emissions Systems Five (5) Years or 100,000 Miles limited warranty in accordance with, and subject to, warranty certificate RFW0140. The warranty certificate is incorporated by reference into this proposal, and included with this proposal or available upon request. TRANSMISSION The drive train shall include an Allison model EVS 4000 torque converting, automatic transmission which shall include electronic controls. The transmission shall feature two (2) 10-bolt PTO pads located on the converter housing. The transmission shall include two (2) internal oil filters which shall offer Allison formulated Castrol TranSynd™ synthetic transmission fluid which shall be utilized in the lubrication of the EVS transmission. An electronic oil level sensor shall be included with the readout located in the shift selector. The transmission gear ratios shall be: 1st 3.51:1 2nd 1.91:1 3rd 1.43:1 4th 1.00:1 5th 0.74:1 473 SVI Trucks 10/10/24 Page 26 of 134 6th 0.64:1 (if applicable) Rev 4.80:1 TRANSMISSION MODE PROGRAMMING The transmission, upon start-up, will automatically select a four (4) speed operation. The fifth speed over drive shall be available with the activation of the mode button on the shifting pad. TRANSMISSION FEATURE PROGRAMMING The Allison Gen V/VI-E transmission EVS group package number 127 shall contain the 227 vocational package in consideration of the duty of this apparatus for rescue. This package shall incorporate an automatic neutral with selector override. This feature commands the transmission to neutral when the park brake is applied, regardless of drive range requested on the shift selector. This requires re-selecting drive range to shift out of neutral for the override. A transmission interface connector shall be provided in the cab. This package shall contain the following input/output circuits to the transmission control module. The Gen V/VI-E transmission shall include prognostic diagnostic capabilities. These capabilities shall include the monitoring of the fluid life, filter change indication, and transmission clutch maintenance. Function ID Description Wire assignment Inputs C PTO Request 143 F Aux. Function Range Inhibit (Special) 101/142 Outputs G PTO Enable Output (See Input Function C) 130 S Neutral Indicator for PTO 145 Signal Return 103 TRANSMISSION SHIFT SELECTOR An Allison pressure sensitive range selector touch pad shall be provided and located to the right of the driver within clear view and easy reach. The shift selector shall have a graphical Vacuum Florescent Display (VFD) capable of displaying two lines of text. The shift selector shall provide mode indication and a prognostic indicator (wrench symbol) on the digital display. The prognostics monitor various operating parameters and shall alert you when a specific maintenance function is required. ELECTRONIC TRANSMISSION OIL LEVEL INDICATOR The transmission fluid shall be monitored electronically. TRANSMISSION PRE-SELECT WITH AUXILIARY BRAKE When the auxiliary brake is engaged, the transmission shall automatically shift to second gear to decrease the rate of speed assisting the secondary braking system and slowing the vehicle. TRANSMISSION COOLING SYSTEM The transmission shall include a water to oil cooler system located in the cooling loop between the radiator and the engine. The transmission cooling system shall meet all transmission manufacturer requirements. The transmission cooling system shall feature continuous flow of engine bypass water to maintain uninterrupted transmission cooling. 474 SVI Trucks 10/10/24 Page 27 of 134 TRANSMISSION DRAIN PLUG The transmission shall include an original equipment manufacturer installed magnetic transmission fluid drain plug. TRANSMISSION WARRANTY The Allison EVS series transmission shall be warranted for a period of five (5) years with unlimited mileage. Parts and labor shall be included in the warranty. RH PTO A ten (10) bolt standard duty PTO shall be supplied by the chassis manufacturer and installed on the transmission. Installation shall include mounting of the PTO and wiring the unit with a control switch if required for the PTO model. RH PTO MODEL A ten (10) bolt Chelsea model 267-XDFJP-M5RA heavy duty transmission driven PTO shall be installed. The constant drive PTO is designed specifically for the Allison world transmission and provides torque ranges from 265 to 335 lb. ft. PTO LOCATION The transmission shall have two (2) power take off (PTO) mounting locations, one (1) in the 8:00 o’clock position and one (1) in the 1:00 o’clock position. DRIVELINE All drivelines shall be heavy duty metal tube and equipped with MSI 1810 series universal joints. The shafts shall be dynamically balanced prior to installation to alleviate future vibration. In areas of the driveline where a slip shaft is required, the splined slip joint shall be coated with Glide Coat®. The drivelines shall include Meritor brand u-joints with thrust washers. FUEL FILTER/WATER SEPARATOR The fuel system shall have a Racor GreenMAX 6600R fuel filter/water separator as a primary filter. The fuel filter shall have a drain valve and a see-through cover to allow visual inspection of fuel and filter condition. The Racor 6600R shall meet engine requirements for particulate size, collection capacity, removal efficiency, and water removal efficiency. The filter shall be capable of handling a maximum flow rate of 150 gallons per hour. A secondary fuel filter shall be included as approved by the engine manufacturer. An instrument panel lamp and audible alarm which indicates when water is present in the fuel-water separator shall also be included. FUEL LINES The fuel system supply and return lines installed from the fuel tank to the engine shall be black textile braided lines which are reinforced with braided high tensile steel wire. The fuel lines shall be connected with reusable steel fittings. 475 SVI Trucks 10/10/24 Page 28 of 134 FUEL SHUTOFF VALVE There shall be two (2) fuel shutoff valves which shall be installed, one (1) in the fuel draw line at the primary fuel filter and one (1) in the fuel outlet line at the primary fuel filter to allow the fuel filters to be changed without loss of fuel to the fuel pump. A third fuel shutoff valve shall be installed in the fuel draw line, near the fuel tank to allow maintenance to be performed with minimal loss of fuel. ELECTRIC FUEL PRIMER Integral to the engine assembly is an electric lift pump that serves the purpose of pre-filter fuel priming. FUEL TANK The fuel tank shall have a capacity of fifty (50) gallons and shall measure 35.00 inches in width X 19.00 inches in height X 18.50 inches in length. The increased height and reduced length allows for the use of a shorter rear frame overhang on the chassis. The baffled tank shall have a vent port to facilitate venting to the top of the fill neck for rapid filling without "blow-back" and a roll over ball check vent for temperature related fuel expansion and draw. The tank is designed with dual draw tubes and sender flanges. The tank shall have 2.00 inch NPT fill ports for right or left hand fill. A 0.50 inch NPT drain plug shall be centered in the bottom of the tank. The fuel tank shall be mounted below the frame, behind the rear axle. Two (2) three-piece strap hanger assemblies with “U” straps bolted midway on the fuel tank front and rear shall be utilized to allow the tank to be easily lowered and removed for service purposes. Rubber isolating pads shall be provided between the tank and the upper tank mounting brackets. Strap mounting studs through the rail, hidden behind the body shall not be acceptable. FUEL TANK MATERIAL AND FINISH The fuel tank shall be constructed of 12 gauge aluminized steel. The exterior of the tank shall be powder coated black and then painted to match the frame components. All powder coatings, primers and paint shall be compatible with all metals, pretreatments and primers used. The cross hatch adhesion test per ASTM D3359 Method B, results to be 5B minimum. The pencil hardness test per ASTM D3363 shall have a final post-curved pencil hardness of H-2H. The direct impact resistance test per ASTM D2794, results to be 5B minimum. Any proposals offering painted fuel tanks with variations from the above process shall not be accepted. The film thickness of vendor supplied parts shall also be sufficient to meet the performance standards as stated above. FUEL TANK STRAP MATERIAL The fuel tank straps shall be constructed of ASTM A-36 steel. The fuel tank straps shall be powder coated black and then painted to match the frame components if possible. FUEL TANK FILL PORT The fuel tank fill ports shall be in-line with the left and right side fill ports located in the rearward position of the fuel tank. 476 SVI Trucks 10/10/24 Page 29 of 134 FUEL TANK SERVICEABILTY PROVISIONS The chassis fuel lines shall have additional length provided so the tank can be easily lowered and removed for service purposes. The additional 8.00 feet of length shall be located above the fuel tank and shall be coiled and secured. The fuel line fittings shall be pointed towards the right side (curbside) of the chassis. FUEL TANK DRAIN PLUG A 0.5 inch NPT magnetic drain plug shall be centered in the bottom of the fuel tank. FRONT AXLE The front axle shall include a Reyco Granning ResponseMaster®, fire apparatus specific independent front suspension (IFS) offering superior ride and improved handling. The suspension shall utilize fully independent double wishbone arms with carrier and kingpin for optimized scrub radius. Air springs are tuned for ride and help reduce suspension weight. The IFS reduces turn radius with improved wheel cut over beam axles. The hydraulic damper shall feature rebound control to ensure the maximum load stability and superior driver comfort. The IFS system shall improve handling and offer better braking because of improved ground to tire ratio. This design shall allow for independent adjustment of the vehicle’s alignment settings. Proposals offering independent front axles comprised of torsion bar style suspensions shall not be considered. FRONT AXLE WARRANTY The front axle shall be warranted by Tuthill for three (3) years or 150,000 miles, which ever comes first. Details of the Tuthill warranty are provided on the PDF document attached to this option. FRONT WHEEL BEARING LUBRICATION The front axle wheel bearings shall be lubricated with oil. The oil level can be visually checked via clear inspection windows in the front axle hubs. FRONT SHOCK ABSORBERS Two (2) Koni shock absorbers shall be provided and installed as part of the front suspension system. Each shock shall deliver improved road handling and durability. FRONT SUSPENSION The independent front suspension (IFS) system shall improve handling and offer better braking because of improved ground to tire ratio. Lower spring rates and independent wheel travel shall reduce the shock within the wheel and feedback throughout the axle. Increased roll stiffness reduces chassis lean in cornering. The suspension travel of the IFS shall be approximately 6.50 inches, providing 3.00 inches jounce and 3.50 inches rebound of the suspension. This feature shall offer a smoother ride for personnel and sensitive equipment. The IFS front axle shall be rated between 18,000 and 20,000 pounds. Proposals offering independent front axles comprised of torsion bar style suspensions shall not be considered. 477 SVI Trucks 10/10/24 Page 30 of 134 STEERING COLUMN/ WHEEL The cab shall include a Douglas Autotech steering column which shall include a seven (7) position tilt, a 2.25 inch telescopic adjustment, and an 18.00 inch, four (4) spoke steering wheel located at the driver’s position. The steering wheel shall be covered with black polyurethane foam padding. The steering column shall contain a horn button, self-canceling turn signal switch, four-way hazard switch and headlamp dimmer switch. ELECTRONIC POWER STEERING FLUID LEVEL INDICATOR The power steering fluid shall be monitored electronically and shall send a signal to activate an audible alarm and visual warning in the instrument panel when fluid level falls below normal. POWER STEERING PUMP The hydraulic power steering pump shall be a TRW PS and shall be gear driven from the engine. The pump shall be a balanced, positive displacement, sliding vane type. The power steering system shall include an oil to air passive cooler. FRONT AXLE CRAMP ANGLE The chassis shall have a front axle cramp angle of 53-degrees to the left and right. POWER STEERING GEAR The power steering gear shall be a TRW model TAS 85/RCS 85. CHASSIS ALIGNMENT The chassis frame rails shall be measured to insure the length is correct and cross checked to make sure they run parallel and are square to each other. The front and rear axles shall be laser aligned. The front tires and wheels shall be aligned and toe-in set on the front tires by the chassis manufacturer. REAR AXLE The rear axle shall be a Meritor model RS-23-186 single drive axle. The axle shall include precision forged, single reduction differential gearing, and shall have a fire service rated capacity of 24,000 pounds. The axle shall be built of superior construction and quality components to provide the rugged dependability needed to stand up to the fire industry’s demands. The axle shall include rectangular shaped, hot-formed housing with a standard wall thickness of 0.50 of an inch for extra strength and rigidity and a rigid differential case for high axle strength and reduced maintenance. The axle shall have heavy-duty Hypoid gearing for longer life, greater strength and quieter operation. Industry-standard wheel ends for compatibility with both disc and drum brakes, and unitized oil seal technology to keep lubricant in and help prevent contaminant damage will be used. REAR AXLE DIFFERENTIAL LUBRICATION The rear axle differential shall be lubricated with oil. 478 SVI Trucks 10/10/24 Page 31 of 134 REAR AXLE WARRANTY The rear axle shall be warranted by Meritor for five (5) years with unlimited miles under the general service application. Details of the Meritor warranty are provided on the PDF document attached to this option. WHEEL HUB PAINT Each of the wheel hubs shall be coated with gloss black paint. REAR WHEEL BEARING LUBRICATION The rear axle wheel bearings shall be lubricated with oil. VEHICLE TOP SPEED The top speed of the vehicle shall be approximately 68 MPH +/-2 MPH at governed engine RPM. REAR SUSPENSION The single rear axle shall feature a Reyco 79KB vari-rate, self-leveling captive slipper type parabolic five (5) leaf spring pack suspension with 57.50 inch X 3.00 inch springs. The suspension shall also utilize two (2) torque arms with eccentric cam adjustment. The rear suspension capacity shall be rated from 21,000 to 24,000 pounds. REAR SHOCK ABSORBERS Two (2) Bilstein inert, nitrogen gas filled heavy duty shock absorbers shall be provided and installed as part of the rear suspension system. The shocks shall be a monotubular design and fabricated using a special extrusion method, utilizing a single blank of steel without a welded seam, achieving an extremely tight peak-to-valley tolerance and maintains consistent wall thickness. The monotubular design shall provide superior strength while maximizing heat dissipation and shock life. The ride afforded through the use of a gas shock is more consistent and shall not deteriorate with heat, the same way a conventional oil filled hydraulic shock would. The Bilstein front shocks shall include a digressive working piston assembly allowing independent tuning of the compression and rebound damping forces to provide optimum ride and comfort without compromise. The working piston design shall feature fewer parts than most conventional twin tube and “road sensing” shock designs and shall contribute to the durability and long life of the Bilstein shock absorbers. The heavy duty shock absorbers shall be tuned to provide higher damping forces. Proposals offering the use of conventional twin tube or “road sensing” designed shocks shall not be considered. TIRE INTERMITTENT SERVICE RATING The chassis shall be rated using Intermittent Service ratings provided to the emergency vehicle market by the tire manufacturers as the basis for determining the maximum vehicle load and speed. 479 SVI Trucks 10/10/24 Page 32 of 134 FRONT TIRE The front tires shall be Michelin 385/65R22.5 “L” tubeless radial X Multi HL Z regional tread. The front tire stamped load capacity shall be 22,000 pounds per axle with a nominal speed rating of 68 miles per hour when properly inflated to 130 pounds per square inch. The Michelin Intermittent Service Rating maximum load capacity shall be 23,540 pounds per axle with a maximum speed of 68 miles per hour when properly inflated to 130 pounds per square inch. The Michelin Intermittent Service Rating maximum speed capacity shall be 22,000 pounds per axle with a speed rating of 75 miles per hour when properly inflated to 130 pounds per square inch. The Michelin Intermittent Service Rating limits the operation of the emergency vehicle to no more than fifty (50) miles of continuous operation under maximum recommended payload, or without stopping for at least twenty (20) minutes. The emergency vehicle must reduce its speed to no more than 50 MPH after the first fifty (50) miles of travel. REAR TIRE The rear tires shall be Michelin 12R-22.5 16PR "H" tubeless radial XZE regional tread. The rear tire stamped load capacity shall be 27,120 pounds per axle with a speed rating of 75 miles per hour when properly inflated to 120 pounds per square inch. The Michelin Tire Intermittent Service Rating load capacity shall be 28,880 pounds per axle with a speed rating of 75 miles per hour when properly inflated to 120 pounds per square inch. The Michelin Intermittent Service Rating limits the operation of the emergency vehicle to one (1) hour of loaded travel with a one (1) hour cool down prior to another loaded run. REAR AXLE RATIO The rear axle ratio shall be 4.89:1. TIRE PRESSURE INDICATOR There shall be electronic chrome LED valve caps shipped loose for installation by the OEM which shall illuminate with a red LED when tire pressure drops 8psi provided. The valve caps are self-calibrating and set to the pressure of the tire upon installation. FRONT WHEEL The front wheels shall be Accuride hub piloted, 22.50 inch X 12.25 inch steel wheels. The hub piloted mounting system shall provide easy installation and shall include two-piece flange nuts. WHEEL PAINT The front steel wheels shall be pretreated in a zinc phosphate bath, coated with a cathode electro deposited white primer base coat (E-Coat). The E-Coat shall exceed 336 hours under industry standard ASTM salt spray testing. The wheels shall then be finish painted gloss black by the chassis manufacturer. 480 SVI Trucks 10/10/24 Page 33 of 134 REAR WHEEL The rear wheels shall be Accuride hub piloted, heavy duty, 22.50 inch X 8.25 inch steel wheels. The hub piloted mounting system shall provide easy installation and shall include two-piece flange nuts. WHEEL PAINT The rear steel wheels shall be pretreated in a zinc phosphate bath, coated with a cathode electro deposited white primer base coat (E-Coat). The E-Coat shall exceed 336 hours under industry standard ASTM salt spray testing. The wheels shall then be finish painted gloss black by the chassis manufacturer. BALANCE WHEELS AND TIRES All of the wheels and tires, including any spare wheels and tire assemblies, shall be dynamically balanced. WHEEL TRIM The front wheels shall include stainless steel lug nut covers shipped loose with the chassis for installation by the apparatus builder. The rear wheels shall include stainless steel lug nut covers shipped loose with the chassis for installation by the apparatus builder. The lug nut covers shall be RealWheels® brand constructed of 304L grade, non-corrosive stainless steel with a mirror finish. Each wheel trim component shall meet D.O.T. certification. BRAKE SYSTEM A rapid build-up air brake system shall be provided. The air brakes shall include, at a minimum, a two (2) air tank, three (3) reservoir system with a total of 4152 cubic inch of air capacity. A floor mounted treadle valve shall be mounted inside the cab for graduated control of applying and releasing the brakes. An inversion valve shall be installed to provide a service brake application in the unlikely event of primary air supply loss. All air reservoirs provided on the chassis shall be labeled for identification. The rear axle spring brakes shall automatically apply in any situation when the air pressure falls below 25 PSI and shall include a mechanical means for releasing the spring brakes when necessary. An audible alarm shall designate when the system air pressure is below 60 PSI. A four (4) sensor, four (4) modulator Anti-lock Braking System (ABS) shall be installed on the front and rear axles in order to prevent the brakes from locking or skidding while braking during hard stops or on icy or wet surfaces. This in turn shall allow the driver to maintain steering control under heavy braking and in most instances, shorten the braking distance. The electronic monitoring system shall incorporate diagonal circuitry which shall monitor wheel speed during braking through a sensor and tone ring on each wheel. A dash mounted ABS lamp shall be provided to notify the driver of a system malfunction. The ABS system shall automatically disengage the auxiliary braking system device when required. The speedometer screen shall be capable of reporting all active defaults using PID/SID and FMI standards. Additional safety shall be accommodated through Automatic Traction Control (ATC) which shall be installed on the single rear axle. The ATC system shall apply the ABS when the drive wheels lose traction. The system shall scale the electronic engine throttle back to prevent wheel spin while accelerating on ice or wet surfaces. 481 SVI Trucks 10/10/24 Page 34 of 134 A virtual button on the vehicle display and control screen shall be provided and properly labeled “mud/snow”. When the switch is pressed once, the system shall allow a momentary wheel slip to obtain traction under extreme mud and snow conditions. During this condition the ATC light shall blink continuously notifying the driver of activation. Pressing the switch again shall deactivate the mud/snow feature. The Electronic Stability Control (ESC) unit is a functional extension of the electronic braking system. It is able to detect any skidding of the vehicle about its vertical axis as well as any rollover tendency. The control unit comprises an angular- speed sensor that measures the vehicle’s motion about the vertical axis, caused, for instance, by cornering or by skidding on a slippery road surface. An acceleration sensor measures the vehicle’s lateral acceleration. The Controller Area Network (CAN) bus provides information on the steering angle. On the basis of lateral acceleration and steering angle, an integrated microcontroller calculates a theoretical angular speed for the stable vehicle condition. FRONT BRAKES The front brakes shall be Bendix ADB 22X disc brakes with 17.00 inch vented rotors. REAR BRAKES The rear brakes shall be Meritor EX225 Disc Plus disc brakes with 17.00 inch vented rotors. PARK BRAKE Upon application of the push-pull valve in the cab, the rear brakes will engage via mechanical spring force. This is accomplished by dual chamber rear brakes, satisfying the FMVSS parking brake requirements. PARK BRAKE CONTROL A Meritor-Wabco manual hand control push-pull style valve shall operate the parking brake. The parking brake actuation valve shall be mounted to the left side of the engine tunnel integrated into the transmission shift pod console within easy access of the driver. The control shall include a protective guard which shall prevent accidental activation of the parking brake and still allow proper actuation of the control. AIR DRYER The brake system shall include a Wabco System Saver 1200 air dryer with an integral heater with a Metri-Pack sealed connector. The air dryer incorporates an internal turbo cutoff valve that closes the path between the air compressor and air dryer purge valve during the compressor "unload" cycle. The turbo cutoff valve allows purging of moisture and contaminants without the loss of turbo boost pressure. The air dryer shall be mounted behind the battery box on the left hand side. FRONT BRAKE CHAMBERS The front brakes shall be provided with type 24 brake chambers as supplied with the independent front suspension axle. REAR BRAKE CHAMBERS The rear axle shall include TSE 24/30 H.O.T. (High Output Technology) brake chambers shall convert the energy of compressed air into mechanical force and motion. This shall actuate the brake camshaft, which in turn shall operate the foundational brake mechanism forcing the brake pads against the brake rotor. 482 SVI Trucks 10/10/24 Page 35 of 134 AIR COMPRESSOR The air compressor provided for the engine shall be a naturally aspirated Wabco® SS440 single cylinder pass-through drive type compressor which shall be capable of producing 26.0 CFM at 1200 engine RPMs. The compressor shall include an aluminum cylinder head which shall improve cooling, reduce weight and decrease carbon formation. AIR GOVERNOR An air governor shall be provided to control the cut-in and cut-out pressures of the engine mounted air compressor. The governor shall be calibrated to meet FMVSS requirements. The air governor shall be located on the air dryer bracket. AUXILIARY AIR RESERVOIR One (1) auxiliary air reservoir with a 2084 cubic inch capacity shall be installed on the chassis to act as an additional reserve supply to the air system for air horn, air tool, or other non-service brake use. The reservoir shall be isolated with a 90 PSI pressure protection valve on the reservoir supply side to prevent depletion of the air to the air brake system. MOISTURE EJECTORS Manual cable actuated drain valves shall be installed on all reservoirs of the air supply system. The actuation pull cables shall be coiled and tied at each drain valve. The supplied cables when extended shall be sufficient in length to allow each drain to be activated from the side of the apparatus. AIR SUPPLY LINES The air system on the chassis shall be plumbed with color coded reinforced nylon tubing air lines. The primary (rear) brake line shall be green, the secondary (front) brake line red, the parking brake line orange and the auxiliary (outlet) will be blue. Brass compression type fittings shall be used on the nylon tubing. All drop hoses shall include fiber reinforced neoprene covered hoses. AIR TANK SPACERS There shall be spacers included with the air tank mounting. The spacers shall move the air tanks 1.50 inches inward towards the center of the chassis. This shall provide clearance between the air tanks and the frame for body U-bolt clearance. WHEELBASE The chassis wheelbase shall be 197.00 inches. REAR OVERHANG The chassis rear overhang shall be 92.00 inches. 483 SVI Trucks 10/10/24 Page 36 of 134 FRAME The frame shall consist of double rails running parallel to each other with cross members forming a ladder style frame. The frame rails shall be formed in the shape of a "C" channel, with the outer rail measuring 10.25 inches high X 3.50 inches deep upper and lower flanges X 0.38 inches thick with an inner channel of 9.44 inches high X 3.13 inches deep and 0.38 inches thick. Each rail shall be constructed of 110,000 psi minimum yield high strength low alloy steel. Each double rail section shall be rated by a Resistance Bending Moment (RBM) minimum of 3,213,100 inch pounds and have a minimum section modulus of 29.21 cubic inches. The frame shall measure 35.00 inches in width. Proposals calculating the frame strength using the “box method” shall not be considered. Proposals including heat treated rails shall not be considered. Heat treating frame rails produces rails that are not uniform in their mechanical properties throughout the length of the rail. Rails made of high strength, low alloy steel are already at the required yield strength prior to forming the rail. A minimum of seven (7) fully gusseted 0.25 inch thick cross members shall be installed. The inclusion of the body mounting, or bumper mounting shall not be considered as a cross member. The cross members shall be attached using zinc coated grade 8 fasteners. The bolt heads shall be flanged type, held in place by distorted thread flanged lock nuts. Each cross member shall be mounted to the frame rails utilizing a minimum of 0.25 inch thick gusset reinforcement plates at all corners balancing the area of force throughout the entire frame. . Any proposals not including additional reinforcement for each cross member shall not be considered. All relief areas shall be cut in with a minimum 2.00 inch radius at intersection points with the edges ground to a smooth finish to prevent a stress concentration point. MISCELLANEOUS FRAME OPTIONS The frame shall include hole patterns which shall be specific to Super Vac body mounting. See PDF for OEM specified pattern. FRAME PAINT The frame rails shall be hot dip galvanized prior to assembly and attachment of any components. The components that shall be galvanized shall include: • Main frame “C” channel or channels The frame parts which are not galvanized shall be powder coated prior to any attachment of components. Parts which shall be powder coated shall include but are not limited to: • Steering gear bracket • Front splayed rails and fish plates • Bumper extensions • Cross members • Cross member gussets • Fuel tank mounting brackets • Fuel tank straps (unless material/finish is specified in 3130 subcat) • Air tanks (unless color coded tanks are specified in 3205 subcat) 484 SVI Trucks 10/10/24 Page 37 of 134 • Air tank mounting brackets • Exhaust mounting brackets • Air cleaner skid plate • Radiator skid plate • Battery supports, battery trays and battery covers Other non-galvanized under carriage components which are received from the suppliers with coatings already applied shall include but are not limited to: • Suspension components • Front and rear axles All powder coatings, primers and paint used on the non-galvanized components shall be compatible with all metals, pretreatments and primers used. The cross hatch adhesion test per ASTM D3359 shall not have a fail of more than ten (10) squares. The pencil hardness test per ASTM D3363 shall have a final post-curved pencil hardness of H-2H. The direct impact resistance test per ASTM D2794 shall have an impact resistance of 120.00 inches per pound at 2 mils. FRAME ASSEMBLY STRUCTURAL Purchaser shall receive a Frame Assembly Structural Fifty (50) Years or 250,000 Miles limited warranty in accordance with, and subject to, warranty certificate RFW0305. The warranty certificate is incorporated by reference into this proposal, and included with this proposal or available upon request. FRAME RAIL CORROSION Purchaser shall receive a Frame Rail Corrosion (Zinc Plate and Powder Coat) Twenty Five (25) Years or 150,000 Miles limited warranty in accordance with, and subject to, warranty certificate RFW0316. The warranty certificate is incorporated by reference into this proposal, and included with this proposal or available upon request. FRAME COMPONENTS CORROSION Purchaser shall receive a Frame Components Corrosion (Powder Coat) Three (3) Years or 48,000 Miles limited warranty in accordance with, and subject to, warranty certificate RFW0313. The warranty certificate is incorporated by reference into this proposal, and included with this proposal or available upon request. FRONT BUMPER The chassis shall be equipped with a severe duty front bumper constructed from structural steel channel. The bumper material shall be 0.38 thick ASTM A36 steel which shall measure 12.00 inches high with a 3.05 inch flange and shall be 99.00 inches wide with angled front corners. The bumper shall be primed and painted as specified. FRONT BUMPER EXTENSION LENGTH The front bumper shall be extended approximately 21.00 inches ahead of the cab. FRONT BUMPER PAINT The front bumper shall be painted the same as the lower cab color. The front bumper trim shall feature a black spray on bedliner coating. 485 SVI Trucks 10/10/24 Page 38 of 134 FRONT BUMPER TRIM A stainless steel trim angle, painted to the customer’s specifications, shall be installed on the top corner of the bumper across the front and on the top corner of the bumper tails, terminating at the rearmost portion of the apron. The trim angle shall measure approximately 3.00 inches wide on the horizontal flange and 1.60 inches tall on the vertical flange. The trim shall be affixed to the bumper and bolted down to the apron with isolating washers. FRONT BUMPER APRON The 21.00 inch extended front bumper shall include an apron constructed of 0.19 inch thick embossed aluminum tread plate. The apron shall be installed between the bumper and the front face of the cab affixed using stainless steel bolts attaching the apron to the top bumper flange. FRONT BUMPER COMPARTMENT CENTER The front bumper shall include a compartment in the bumper apron located in the center between the frame rails which may be used as a hose well. The compartment shall be constructed of 0.13 inch 5052-H32 grade aluminum and shall include drain holes in the bottom corners to allow excess moisture to escape. The compartment shall be the full size of available space in the apron from the cab fascia to the bumper and 38.00 inches wide X 10.88 inches deep. The clear opening shall be 37.75 inches wide. MECHANICAL SIREN The front bumper shall include an electro mechanical Federal Q2B™ siren, which shall be streamlined, chrome-plated and shall produce 123 decibels of sound at 10.00 feet. The Q2B™ siren produces a distinctive warning sound that is recognizable at long distances. A unique clutch design provides a longer coast down sound while reducing the amp draw to 100 amps. The siren shall measure 10.50 inches wide X 10.00 inches high X 14.00 inches deep. The siren shall include mounting hardware designed to recess or flush mount. MECHANICAL SIREN LOCATION The siren shall be recess mounted on the right side of the front fascia of the bumper, in the inboard position. The siren shall be mounted completely behind the face of the bumper to protect the siren from damage. AIR HORN The front bumper shall include two (2) Hadley brand E-Tone air horns which shall measure 21.00 inches long with a 6.00 inch round flare. The air horns shall be trumpet style with a chrome finish on the exterior and a painted finish deep inside the trumpet. AIR HORN LOCATION The air horns shall be recess mounted in the front bumper face, one (1) on the right side of the bumper in the extreme outboard position relative to the right hand frame rail and one (1) on the left side of the bumper in the extreme outboard position relative to the left hand frame rail. 486 SVI Trucks 10/10/24 Page 39 of 134 AIR HORN RESERVOIR One (1) air reservoir, with a 2084 cubic inch capacity, shall be installed on the chassis to act as a supply tank for operating air horns. The reservoir shall be isolated with a 90 PSI pressure protection valve on the reservoir supply side to prevent depletion of the air to the air brake system. ELECTRONIC SIREN SPEAKER There shall be one (1) Whelen Engineering Inc. model SP123BMC, 100 watt cast aluminum speaker provided. The speaker shall measure 7.25 inches tall X 9.25 inches wide X 5.25 inches deep. The speaker shall include a chrome grille. ELECTRONIC SIREN SPEAKER LOCATION The electronic siren speaker shall be located on the front bumper face on the left side outboard of the frame rail in the inboard position. FRONT BUMPER TOW HOOKS Two (2) heavy duty tow hooks, painted to match the frame components, shall be installed behind the front bumper in the forward position, bolted directly to the side of each chassis frame rail with grade 8 bolts. FRONT BUMPER TOW EYES The bumper shall include two (2) painted tow eyes shall be installed through the front bumper. The eyes shall be fabricated from 0.75 inch thick #1020 ASTM-36 hot rolled steel. The inside diameter of the eye shall be 3.00 inches and shall include inside/outside chamfered edges. The tow eyes shall be painted to match the frame components. CAB HEIGHT ADJUSTMENT The cab shall include 0.75 inch thick shims raising the cab to provide additional clearance under the cab. CAB TILT SYSTEM The entire cab shall be capable of tilting approximately 45-degrees to allow for easy maintenance of the engine and transmission. The cab tilt pump assembly shall be located on the right side of the chassis above the battery box. The electric-over-hydraulic lift system shall include an ignition interlock and red cab lock down indicator lamp on the tilt control which shall illuminate when holding the “Down” button to indicate safe road operation. It shall be necessary to activate the master battery switch and set the parking brake in order to tilt the cab. As a third precaution the ignition switch must be turned off to complete the cab tilt interlock safety circuit. Two (2) spring-loaded hydraulic hold down hooks located outboard of the frame shall be installed to hold the cab securely to the frame. Once the hold-down hooks are set in place, it shall take the application of pressure from the hydraulic cab tilt lift pump to release the hooks. Two (2) cab tilt cylinders shall be provided with velocity fuses in each cylinder port. The cab tilt pivots shall be 1.90 inch ball and be anchored to frame brackets with 1.25 inch diameter studs. A steel safety channel assembly, painted safety yellow shall be installed on the right side cab lift cylinder to prevent accidental cab lowering. The safety channel assembly shall fall over the lift cylinder when the cab is in the fully tilted 487 SVI Trucks 10/10/24 Page 40 of 134 position. A cable release system shall also be provided to retract the safety channel assembly from the lift cylinder to allow the lowering of the cab. CAB TILT AUXILIARY PUMP A manual cab tilt pump module shall be attached to the cab tilt pump housing/power distribution box. CAB TILT LIMIT SWITCH A cab tilt limit switch shall be installed. The switch will effectively limit the travel of the cab when being tilted. The limit adjustment of the switch shall be preset by the chassis manufacturer to prevent damage to the cab or any bumper mounted option mounted in the cab tilt arc. Further adjustment to the limit by the apparatus manufacturer shall be available to accommodate additional equipment. CAB TILT CONTROL RECEPTACLE The cab tilt control cable shall include a receptacle which shall be temporarily located on the right hand chassis rail rear of the cab to provide a place to plug in the cab tilt remote control pendant. The tilt pump shall include 8.00 feet of cable with a six (6) pin Deutsch receptacle with a cap. The remote control pendant shall include 20.00 feet of cable with a mating Deutsch connector. The remote control pendant shall be shipped loose with the chassis. CAB TILT LOCK DOWN INDICATOR The cab dash shall include a message located within the dual air pressure gauge which shall alert the driver when the cab is unlocked and ajar. The alert message shall cease to be displayed when the cab is in the fully lowered position and the hold down hooks are secured and locked to the cab mounts. In addition to the alert message an audible alarm shall sound when the cab is unlocked and ajar with the parking brake released. CAB WINDSHIELD The cab windshield shall have a surface area of 2825.00 square inches and be of a two (2) piece wraparound design for maximum visibility. The glass utilized for the windshield shall include standard automotive tint. The left and right windshield shall be fully interchangeable thereby minimizing stocking and replacement costs. Each windshield shall be installed using black self locking window rubber. GLASS FRONT DOOR The front cab doors shall include a window which is 27.00 inches in width X 26.00 inches in height. These windows shall have the capability to roll down completely into the door housing. This shall be accomplished manually utilizing a crank style handle on the inside of the door. A reinforced window regulator assembly shall be provided for severe duty use. There shall be an irregular shaped fixed window which shall measure 2.50 inches wide at the top, 8.00 inches wide at the bottom X 26.00 inches in height, more commonly known as “cozy glass” ahead of the front door roll down windows. The windows shall be mounted within the frame of the front doors trimmed with a black anodized ring on the exterior. 488 SVI Trucks 10/10/24 Page 41 of 134 GLASS TINT FRONT DOOR The windows located in the left and right front doors shall include a dark gray automotive tint which shall allow forty-five percent (45%) light transmittance. The dark tint shall aid in cab cooling and help protect passengers from radiant solar energy. CABIN AIR FILTRATION SYSTEM An Active Air purification system shall be provided. The system utilizes RGF’s Photohydroionization® Cell (PHI-Cell®) technology which produces hydro-peroxides and hydroxide ions, reducing airborne mold, bacteria, viruses, and odors up to 99%. The system shall include a stainless-steel housing approximately 7.50 inches high X 16.13 inches wide X 6.6 inches deep in a trapezoid shape. The system operates on 12V DC and shall be shipped loose for installation by the OEM or body builder. CLIMATE CONTROL The cab shall include a 57,500 BTU @ 425 CFM front overhead heater/defroster which shall be provided and installed above the windshield between the sun visors. The cab shall also include a combination heater air-conditioning unit mounted on the engine tunnel. This unit shall offer eight (8) adjustable louvers, four (4) forward facing and four (4) rearward facing, a temperature control valve and two (2) blowers offering three (3) speeds which shall be capable of circulating 550 cubic feet of air per minute. The unit shall be rated for 42,500 BTU/Hr of cooling and 36,000 BTU/Hr of heating. All defrost/heating systems shall be plumbed with one (1) seasonal shut-off valve at the front corner on the right side of the cab. The air conditioner lines shall be a mixture of custom bend zinc coated steel fittings and Aeroquip flexible hose with Aeroquip EZ clip fittings. CLIMATE CONTROL DRAIN The climate control system shall include a gravity drain for water management. The gravity drain shall remove condensation from the air conditioning system without additional mechanical assistance. CLIMATE CONTROL ACTIVATION The heating and defrosting controls shall be located on the front overhead climate control unit. There shall be additional heating and air conditioning controls located on the engine tunnel mounted climate control unit. A/C CONDENSER LOCATION A roof mounted A/C condenser shall be installed on the center of the cab, mid-roof. A/C COMPRESSOR The air-conditioning compressor shall be a belt driven, engine mounted, open type compressor that shall be capable of producing a minimum of 32,000 BTU at 1500 engine RPMs. The compressor shall utilize R-134A refrigerant and PAG oil. 489 SVI Trucks 10/10/24 Page 42 of 134 CAB CIRCULATION FANS FRONT The cab shall include two (2) all metal 6.00 inch air circulation fans installed overhead in the center of the cab rearward of the windshield. Each fan shall be controlled by an individual toggle switch on each fan. The fans can be used to help defog the windshield or to increase air circulation for passenger comfort. UNDER CAB INSULATION The underside of the cab tunnel surrounding the engine shall be lined with multi-layer insulation, engineered for application inside diesel engine compartments. The insulation shall act as a noise barrier, absorbing noise thus keeping the decibel level in the cab well within NFPA recommendations. As an additional benefit, the insulation shall assist in sustaining the desired temperature within the cab interior. The engine tunnel insulation shall measure approximately 0.30 inch thick including a multi-layer foil faced glass cloth and polyester fiber layer. The foil surface acts as protection against heat, moisture and other contaminants. The insulation shall meet or exceed FMVSS 302 flammability test. The cab floor insulation shall measure 0.56 inch thick including a 1.0#/sf PVC barrier and a moisture and heat reflective foil facing, reinforced with fiberglass strands. The foil surface acts as protection against moisture and other contaminants. The insulation shall meet or exceed FMVSS 302 flammability test. The insulation shall be cut precisely to fit each section and sealed for additional heat and sound deflection. The insulation shall be held in place by acrylic pressure sensitive adhesive. In addition, the insulation on the underside of the cab floor shall have aluminum pins with hard hat, hold in place fastening heads and an expanded metal overlay to assist in retaining the insulation tight against the cab. The insulation inside the tunnel shall have a removable aluminum overlay installed to protect the insulation and assist in retaining the insulation tight against the engine tunnel surfaces. The cab floor insulation shall cover the driver and officer floor areas as well as all crew floor areas and compartment floor areas if applicable. INTERIOR TRIM FLOOR The floor of the cab shall be covered with a multi-layer mat consisting of 0.25 inch thick sound absorbing closed cell foam with a 0.06 inch thick non-slip vinyl surface with a pebble grain finish. The covering shall be held in place by a pressure sensitive adhesive and a cast aluminum trim piece at each cab door opening. All exposed seams shall be sealed with silicone caulk matching the color of the floor mat to reduce the chance of moisture and debris retention. INTERIOR TRIM The cab interior shall include trim on the front ceiling, rear crew ceiling, and the cab walls. It shall be easily removable to assist in maintenance. The trim shall be constructed of insulated vinyl over a hard board backing. REAR WALL INTERIOR TRIM The rear wall of the cab shall be trimmed with vinyl. 490 SVI Trucks 10/10/24 Page 43 of 134 HEADER TRIM The cab interior shall feature header trim over the driver and officer dash constructed of 5052-H32 Marine Grade, 0.13 inch thick aluminum. TRIM CENTER DASH The main center dash area shall be constructed of 5052-H32 Marine Grade, 0.13 inch thick aluminum plate. There shall be four (4) holes located on the top of the dash near each outer edge of the electrical access cover for ventilation. The center dash electrical access cover shall include a gas cylinder stay which shall hold the cover open during maintenance. TRIM LH DASH The left hand dash shall be constructed of 5052-H32 Marine Grade, 0.13 inch thick aluminum plate for a perfect fit around the instrument panel. For increased occupant protection the extreme duty left hand dash utilizes patent pending break away technology to reduce rigidity in the event of a frontal crash. The left hand dash shall offer lower vertical surface area to the left and right of the steering column to accommodate control panels. TRIM RH DASH The right hand dash shall be constructed of 5052-H32 Marine Grade, 0.13 of an inch thick aluminum plate and shall include a glove compartment with a hinged door and a Mobile Data Terminal (MDT) provision. The glove compartment size will measure 14.00 inches wide X 4.50 inches high X 5.88 inches deep. The MDT provision shall be provided above the glove compartment. ENGINE TUNNEL TRIM The cab engine tunnel shall be covered with a multi-layer mat consisting of 0.25 inch closed cell foam with a 0.06 inch thick non-slip vinyl surface with a pebble grain finish. The mat shall be held in place by pressure sensitive adhesive. The engine tunnel mat shall be trimmed with anodized aluminum stair nosing trim for an aesthetically pleasing appearance. POWER POINT DASH MOUNT The cab shall include two (2) Powerwerx combination fast charging (USB) and (USB) type-C power delivery receptacles in the cab dash switch panel to provide a power source for USB chargeable electrical equipment. The USB receptacle shall be capable of 1.5 amp output and the USB type C receptacle shall be capable of a 3.0 amp output. The receptacles shall be wired battery direct. STEP TRIM Each cab entry door shall include a three step entry. The first step closest to the ground shall be constructed of SAE 304 stainless steel with embossed perforations and diamond shaped cutout. The perforations and cutouts shall allow water and other debris to flow through rather than becoming trapped within the stepping surface. The step shall feature a splash guard to reduce water and debris from splashing in to the step. The splash guard shall have drainage holes beneath the back of the step to allow debris and water to flow through rather than becoming trapped within the stepping surface. The stainless steel material shall have a number 8 mirror finish. The lower step shall be mounted to a frame which is integral with the construction of the cab for rigidity and strength. The middle step shall be integral with the cab construction and shall be trimmed in 0.08 inch thick 3003-H22 embossed aluminum tread plate. 491 SVI Trucks 10/10/24 Page 44 of 134 STEP TRIM KICKPLATE The cab steps shall include a kick plate in the rise of each step. The risers shall be trimmed in 3003-H22 bright aluminum tread-plate which is 0.07 inch thick. INTERIOR DOOR TRIM The interior trim on the doors of the cab shall consist of an aluminum panel constructed of Marine Grade 5052-H32 0.13 of an inch thick aluminum plate. The door panels shall include a painted finish. DOOR TRIM CUSTOMER NAMEPLATE The interior door trim on the front doors shall include a customer nameplate which states the vehicle was custom built for their department, city, township, or county. CAB DOOR TRIM REFLECTIVE In accordance with the current standards of NFPA, the body builder shall provide 96.00 square inches of reflective material on the interior of each cab door. INTERIOR GRAB HANDLE "A" PILLAR There shall be two (2) rubber covered 11.00 inch grab handles installed inside the cab, one on each “A” post at the left and right door openings. The left handle shall be located 7.88 inches above the bottom of the door window opening and the right handle shall be located 2.88 inches above the bottom of the door window opening. The handles shall assist personnel in entering and exiting the cab. INTERIOR GRAB HANDLE FRONT DOOR Each front door shall include one (1) ergonomically contoured 9.00 inch cast aluminum handle mounted horizontally on the interior door panels. The handles shall feature a textured black powder coat finish to assist personnel entering and exiting the cab. INTERIOR SOFT TRIM COLOR The cab interior soft trim surfaces shall be gray in color. INTERIOR TRIM SUN VISOR The header shall include two (2) sun visors, one (1) on each side forward of the driver and officer seating positions above the windshield. The sun visors shall be constructed of impact resistant, transparent acrylic polycarbonate sun visors with a smoke gray tint. The see thru visors are designed for maximum flexibility of positioning utilizing an arm with virtually unlimited adjustability with lateral travel of the tinted visor at the end of the arm which can be locked in place by a thumbscrew. The visors are easily adjusted and can be placed into a chosen position with one hand. The sun visors will help protect vehicle occupants from solar glare without obscuring their vision. INTERIOR FLOOR MAT COLOR The cab interior floor mat shall be gray in color. 492 SVI Trucks 10/10/24 Page 45 of 134 CAB PAINT INTERIOR The inner door panel surfaces shall feature a medium gray spray on bedliner coating. HEADER TRIM INTERIOR PAINT The metal surfaces in the header area shall feature a medium gray spray on bedliner coating. TRIM CENTER DASH INTERIOR PAINT The entire center dash and any accessory pods attached to the dash shall feature a medium gray spray on bedliner coating. TRIM LEFT HAND DASH INTERIOR PAINT The left hand dash shall feature a medium gray spray on bedliner coating. TRIM RIGHT HAND DASH INTERIOR PAINT The right hand dash shall feature a medium gray spray on bedliner coating. DASH PANEL GROUP The main center dash area shall include three (3) aluminum removable panels located one (1) to the right of the driver position, one (1) in the center of the dash and one (1) to the left of the officer position. The panels shall be coated with a black texture finish. The center panel shall be within comfortable reach of both the driver and officer. SWITCHES CENTER PANEL The center dash panel shall include no rocker switches or legends. SWITCHES LEFT PANEL The left dash panel shall include one (1) windshield wiper/washer control switch located in the left hand side of the panel. The switch shall have backlighting provided. SWITCHES RIGHT PANEL The right dash panel shall six (6) rocker switch positions in a three (3) over three (3) switch configuration. A rocker switch with a blank legend installed directly above shall be provided for any position without a switch and legend designated by a specific option. The non-specified switches shall be two-position, black switches with a green indicator light. Each blank switch legend can be custom engraved by the body manufacturer. All switch legends shall have backlighting provided. SEAT BELT WARNING A Weldon seat belt warning system, integrated with the Vehicle Data Recorder system, shall be installed for each seat within the cab. The system shall activate a digital seat position indicator with a seat position legend and integrated audible alarm in the switch panel. 493 SVI Trucks 10/10/24 Page 46 of 134 The warning system shall activate when any seat is occupied with a minimum of 60 pounds and the corresponding seat belt remains unfastened. The warning system shall also activate when any seat is occupied and the corresponding seat belt was fastened in an incorrect sequence. Once activated, the visual indicators and applicable audible alarm shall remain active until all occupied seats have the seat belts fastened. SEAT MATERIAL The Bostrom Firefighter seats shall include a covering of extra high strength, wear resistant fabric made of durable low seam Durawear Plus™ ballistic polyester. A PVC coating shall be bonded to the back side of the material to help protect the seats from UV rays and from being saturated or contaminated by fluids. Durawear Plus™ meets or exceeds specification of the common trade name Imperial 1800. The material meets FMVSS 302 flammability requirements. If applicable, Theatre style seats located in the cab shall be high strength, wear resistant fabric made of durable ballistic polyester. A PVC coating shall be bonded to the back side of the material to help protect the seats from UV rays and from being saturated or contaminated by fluids. Common trade names for this material are Imperial 1200 and Durawear. SEAT COLOR All seats supplied with the chassis shall be gray in color. All seats shall include red seat belts. SEAT BACK LOGO The seat back shall include the “Spartan” logo. The logo shall be centered on the standard headrest of the seat back and on the left side of a split headrest. SEAT DRIVER The driver's seat shall be an H.O. Bostrom 500 Series Firefighter Sierra model seat. The seat shall feature eight-way electric positioning. The eight positions shall include up and down, fore and aft with 8.00 inches of travel, back angle adjustment and seat rake adjustment. The seat shall feature integral springs to isolate shock. The seat shall feature an all belts to seat (ABTS) style of safety restraint. The ABTS feature shall include a three-point shoulder harness with the lap belt, automatic retractor and buckle as an integral part of the seat assembly. The ABTS feature shall also include the RiteHite™ shoulder adjustment feature to provide enhanced comfort and safety by allowing customized seat belt fit. The minimum vertical dimension from the seat H-point to the ceiling for this belted seating position shall be 35.00 inches measured with the seat height adjusted to the lowest position of travel. This model of seat shall have successfully completed the static load tests set forth by FMVSS 207, 209, and 210 in effect at the time of manufacture. This testing shall include a simultaneous forward load of 3000 pounds each on the lap and shoulder belts and twenty (20) times the weight through the center of gravity. The materials used in construction of the seat shall also have successfully completed testing with regard to the flammability of materials used in the occupant compartments of motor vehicles as outlined in FMVSS 302, of which dictates the allowable burning rate of materials in the occupant compartments of motor vehicles. SEAT BACK DRIVER The driver’s seat shall include a standard seat back incorporating the all belts to seat feature (ABTS). The seat back shall feature a contoured head rest. 494 SVI Trucks 10/10/24 Page 47 of 134 SEAT MOUNTING DRIVER The driver’s seat shall be installed in an ergonomic position in relation to the cab dash. OCCUPANT PROTECTION DRIVER The driver’s position shall be equipped with the IMMI 4Front and RollTek™ Systems which shall secure belted occupants and increase the survivable space within the cab. The 4Front and RollTek™ Systems shall selectively deploy integrated systems to protect against injuries in qualifying frontal impact, and rollover events. The Driver’s seating area protection shall include: • Drivers airbag DAB - inflates a steering wheel airbag to protect the head and neck of the driver. • Driver’s knee airbag DKAB - inflating knee bolster airbags to protect the knees. • Integrated roll sensor IRS - detects an imminent rollover, activates protective devices and records crash events. • Integrated belt pretension IBP - device for mechanical and/or electrical seats tightens the seat belt, securing driver in seat and positions driver for contact with seat integrated head cushion side roll airbag. Inflatable head cushion seat integrated side roll airbag SRA - protects driver's head/neck and shields driver from dangerous surfaces. SEAT OFFICER The officer's seat shall be a H.O. Bostrom 500 Series Sierra seat model. The seat shall feature a tapered and padded seat, and cushion. The seat shall be mounted in a fixed position. The seat shall feature an all belts to seat (ABTS) style of safety restraint. The ABTS feature shall include a three-point shoulder harness with the lap belt and automatic retractor as an integral part of the seat assembly. The buckle portion of the seat belt shall extend from the seat base towards the driver position within easy reach of the occupant. The ABTS feature shall also include the RiteHite™ shoulder adjustment feature to provide enhanced comfort and safety by allowing customized seat belt fit. The minimum vertical dimension from the seat H-point to the ceiling for this belted seating position shall be 35.00 inches. This model of seat shall have successfully completed the static load tests by FMVSS 207/210. This testing shall include a simultaneous forward load of 3000 pounds each on the lap and shoulder belts and twenty (20) times the weight through the center of gravity. This model of seat installed in the cab model, as specified, shall have successfully completed the dynamic sled testing using FMVSS 208 as a guide with the following accommodations. In order to reflect the larger size outfitted firefighters, the test dummy used shall be a 95th percentile hybrid III male weighing 225 pounds rather than the 50th percentile male dummy weighing 165 pounds as referenced in FMVSS 208. The model of seats shall also have successfully completed the flammability of materials used in the occupant compartments of motor vehicles as outlined in FMVSS 302, of which decides the burning rate of materials in the occupant compartments of motor vehicles. 495 SVI Trucks 10/10/24 Page 48 of 134 SEAT BACK OFFICER The officer’s seat back shall include an IMMI brand SmartDock® Gen 2 hands-free self contained breathing apparatus (SCBA) holder. The hands-free holder shall meet NFPA 1901-03 9G dynamic requirements for cylinder restraint systems for use in crew compartments of emergency response vehicles. The bracket shall accommodate and secure most types of self-contained breathing apparatus cylinders. The hands-free holder shall consist of a back plate, bottom cradle, non-marring top claws, and claw height adjustment knob. The height adjustment knob shall allow for easy adjustment of the claws to the SCBA. The hands-free holder's claws shall lock from inertial forces to prevent the SCBA from becoming a projectile in the event of a crash to meet the NFPA 1901-03 standard for SCBA retention. The SCBA holder shall offer single-motion insertion into the claws and hands-free release when the SCBA fitted seat occupant rises. SEAT MOUNTING OFFICER The officer’s seat shall offer a special mounting position which is 2.00 inches rearward of the standard location offering increased leg room for the occupant. OCCUPANT PROTECTION OFFICER The officer’s position shall be equipped with the IMMI 4Front and RollTek™ Systems which shall secure belted occupants and increase the survivable space within the cab. The 4Front and RollTek™ Systems shall selectively deploy integrated systems to protect against injuries in qualifying frontal impact, and rollover events. The Officer’s seating area protection shall include: • Officer’s knee airbag OKAB - inflating knee bolster airbags to protect the knees. • Integrated roll sensor IRS - detects an imminent rollover, activates protective devices and records crash events. • Integrated belt pretension IBP - device for mechanical and/or electrical seats tightens the seat belt, securing officer in seat and positioning officer for contact with seat integrated head cushion side roll airbag. • Inflatable head cushion seat integrated side roll airbag SRA - protects officer’s head/neck and shields officer from dangerous surfaces. POWER SEAT WIRING The power seat or seats installed in the cab shall be wired directly to battery power. CAB FRONT UNDERSEAT STORAGE ACCESS DOOR The left under seat storage area shall have a solid aluminum hinged door with non-locking latch. SEAT COMPARTMENT DOOR FINISH All underseat storage compartment access doors shall feature a medium gray spray on bedliner coating. 496 SVI Trucks 10/10/24 Page 49 of 134 WINDSHIELD WIPER SYSTEM The cab shall include a triple arm linkage wiper system which shall clear the windshield of water, ice and debris. There shall be two (2) windshield wipers; each shall be affixed to a radial arm. The wiper motor shall be activated by an intermittent wiper control located within easy reach of the driver’s position. The windshield wipers shall be interlocked with the park brake allowing activation only when the park brake is released. There shall be virtual button on the vehicle display and control screen to override the park brake deactivation. This will reset when the park brake is cycled. ELECTRONIC WINDSHIELD FLUID LEVEL INDICATOR The windshield washer fluid level shall be monitored electronically. When the washer fluid level becomes low the yellow “Check Message Center” indicator light on the instrument panel shall illuminate and the message center in the dual air pressure gauge shall display a “Check Washer Fluid Level” message. CAB DOOR HARDWARE The cab entry doors shall be equipped with exterior pull handles, suitable for use while wearing firefighter gloves. The handles shall be made of aluminum with a chrome plated finish. The interior exit door handles shall be flush paddle type with a black finish, which are incorporated into the upper door panel. All cab entry doors shall include locks which are keyed alike. The door locks shall be designed to prevent accidental lockout. DOOR LOCKS The cab entry doors shall include a Controller Area Network (CAN) based electronic door lock system which shall include two (2) external keypads, one (1) located on the left side next to the front grab handle and one (1) located on the right sid e next to the front grab handle. There shall be one (1) red rocker switch provided on the inside of the driver front cab entry door and one (1) red rocker switch on the top forward portion of the officer side window ledge to actuate the cab door locks. Each door lock may also be manually actuated from the inside of the cab by means of a red knob located on the paddle handle of the respective door. The electronic door lock system shall include four (4) key fobs for actuation with buttons for cab entry door locks and for compartment door locks. When the doors are unlocked using the external keypad or the key fobs the interior dome lights shall illuminate and remain on for a period of twenty (20) seconds. The interior dome safety feature shall require the interior lighting power to be battery direct. Wiring shall also be provided for up to two (2) exterior cab compartments and up to four (4) body compartments. DOOR LOCK LH REAR CAB COMPARTMENT The left hand side rear compartment shall feature a manual door lock. DOOR LOCK RH REAR CAB COMPARTMENT The right hand side rear compartment shall feature a manual door lock. 497 SVI Trucks 10/10/24 Page 50 of 134 POWER DOOR LOCK COMPARTMENT ACTIVATION The power door lock feature shall include activation for exterior compartment door locks through the key fob and keypads. GRAB HANDLES The cab shall include one (1) 18.00 inch three-piece knurled aluminum anti-slip exterior grab handle behind each cab door. The Hansen Anti-Slip Rails shall be mounted in aluminum 4000 Series II stanchions, complete with weep holes to prevent the buildup of moisture. The grab handles and stations shall be anodized black. LIGHTED GRAB HANDLES The grab rails shall include a 12 volt, 17.00 inch long red LED light to provide an increased margin of safety for night time cab entry and egress. ADDITIONAL REAR GRAB HANDLES The cab shall also include one (1) additional grab handle mounted vertically at the rear cab side corners. REARVIEW MIRRORS Retrac Aerodynamic West Coast style single vision mirror heads model 613285 shall be provided and installed on each of the front cab doors. The mirrors shall be mounted via 1.00 inch diameter tubular stainless steel arms to provide a rigid mounting to reduce mirror vibration. The mirrors shall measure 8.00 inches wide X 19.00 inches high and shall include an 8.00 inch convex mirrors with a stainless steel back, model 980-4, installed below the flat glass to provide a wider field of vision. The flat mirrors shall be motorized with remote horizontal and vertical adjustment. The control switches shall be mounted within easy reach of the driver. The convex mirrors shall be manually adjustable. The flat mirror glass shall be heated for defrosting in severe cold weather conditions. The mirror backs shall be constructed of vacuum formed chrome plated ABS plastic housings that are corrosion resistant and shall include an amber marker light. The mirrors shall be manufactured with the finest quality non-glare glass. REARVIEW MIRROR HEAT SWITCH The heat for the rearview mirrors shall be controlled through a virtual button on the vehicle display and control screen. AUXILIARY EXTERIOR MIRRORS The cab exterior shall include one (1) Retrac 10.00 inch diameter polished stainless steel convex look down mirror. The mirror shall be located above the right side front windshield using a Retrac model 612665 stainless steel arm assembly to provide a stable three-point mount to reduce mirror vibration. The mirror shall provide additional visibility to the right front corner of the vehicle.. CAB FENDER Full width wheel well liners shall be installed on the extruded cab to limit road splash and enable easier cleaning. Fender shall consist of an inner liner 16.00 inches wide made of rubber and an outer fenderette 3.5 inches wide made Rubber. Refer to 1513-003 498 SVI Trucks 10/10/24 Page 51 of 134 MUD FLAPS FRONT The front wheel wells shall have mud flaps installed on them. CAB EXTERIOR FRONT & SIDE EMBLEMS The cab shall include three (3) Spartan emblems. There shall be one (1) installed on the front air intake grille and one (1) emblem on each of the cab sides. CAB EXTERIOR MODEL NAMEPLATE The cab shall include “Metro Star” nameplates on the front driver and officer side doors. IGNITION A master battery system with a keyless start ignition system shall be provided. There shall be a three-position rocker switch with off, battery, and ignition positions as well as a stainless-steel etched engine start push-button. The engine start button shall include an illuminated LED halo ring. Both switches shall be mounted to the left of the steering wheel on the dash. The engine start switch shall only operate when the master battery and ignition switch is in the “ignition” position. BATTERY The single start electrical system shall include six (6) Harris BCI 31 925 CCA batteries with a 210 minute reserve capacity and 4/0 welding type dual path starter cables per SAE J541. The batteries shall be held in place by non-conducting phenolic resin hold down boards. BATTERY TRAY The batteries shall be installed within two (2) steel battery trays located on the left side and right side of the chassis, securely bolted to the frame rails. The battery trays shall be coated with the same material as the frame. The battery trays shall include drain holes in the bottom for sufficient drainage of water. A durable, non-conducting, interlocking mat made by Dri-Dek shall be installed in the bottom of the trays to allow for air flow and help prevent moisture build up. BATTERY BOX COVER Each battery box shall include a steel cover which protects the top of the batteries. Each cover shall include flush latches which shall keep the cover secure as well as a black powder coated handle for convenience when opening. BATTERY CABLE The starting system shall include cables which shall be protected by 275 degree F. minimum high temperature flame retardant loom, sealed at the ends with heat shrink and sealant. 499 SVI Trucks 10/10/24 Page 52 of 134 BATTERY JUMPER STUD The starting system shall include battery jumper studs. These studs shall be located on the bottom face of the left hand battery tray. The studs shall allow the vehicle to be jump started, charged, or the cab to be raised in an emergency in the event of battery failure. ALTERNATOR The charging system shall include a 430 amp Delco Remy 55SI 12 volt alternator. The alternator shall include a self- exciting integral regulator. STARTER MOTOR The single start electrical system shall include a Delco brand starter motor. BATTERY CONDITIONER A Kussmaul Auto Charge Chief 4012 battery conditioner shall be supplied. The battery conditioner shall provide a 40 amp output for the chassis batteries and a 20 amp output circuit for accessory loads. The battery conditioner shall be mounted in the cab behind the driver’s seat. The battery conditioner shall include a battery temperature sensor. BATTERY CONDITIONER DISPLAY A Kussmaul Chief remote control panel battery conditioner display shall be supplied. The battery conditioner display shall be mounted in front of the left side door just below the windshield. ELECTRICAL INLET LOCATION An electrical inlet shall be installed in the left hand side lower front step in the mid position. ELECTRICAL INLET A Kussmaul 20 amp electrical receptacle shall be supplied. A single item or an addition of multiple items must not exceed the rating of the electric inlet that it’s connected to. Amp Draw Reference List: Kussmaul 40 LPC Charger - 5 Amps Kussmaul Chief 4012 Charger – 5.7 Amps Kussmaul 80 LPC Charger - 13 Amps Kussmaul Chief 6012 Charger - 9 Amps Blue Sea P12 7532 - 7.5 Amps Iota DLS-45/IQ4 - 11 Amps 1000W Engine Heater - 8.33 Amps 1500W Engine Heater - 12.5 Amps 120V Air Compressor - 4.2 Amps 120V Dometic HVAC - 15 Amps ELECTRICAL INLET CONNECTION The electrical inlet shall be connected to the battery conditioner. 500 SVI Trucks 10/10/24 Page 53 of 134 ELECTRICAL INLET COLOR The electrical inlet connection shall include a red cover. HEADLIGHTS The cab front shall include two (2) FireTech rectangular LED headlamps with high/low beam in the same housing and two (2) separate FireTech LED high beam only headlamps mounted in bright chrome bezels. HEADLIGHT LOCATION The headlights shall be located on the front fascia of the cab directly below the front warning lights. FRONT TURN SIGNALS The front fascia shall include two (2) Whelen model M6 4.00 inch X 6.00 inch amber LED with clear lens turn signals which shall be installed in a black radius mount housing above and outboard of the front warning and head lamps. The lights shall be programmed to emit the "Sequence to Solid 80 FPM" flash pattern. SIDE TURN/MARKER LIGHTS The sides of the cab shall include two (2) Tecniq S170 LED side marker lights which shall be provided just behind the front cab radius corners. The lights shall be amber with clear lenses and black bezels. MARKER AND ICC LIGHTS In accordance with FMVSS, there shall be five (5) marker lamps on the front of the vehicle designating identification and clearance. There shall be five (5) face mounted lights integrated into the scene light. HEADLIGHT AND MARKER LIGHT ACTIVATION The headlights and marker lights shall be controlled via a virtual button on the Vista display. The headlamps shall be equipped with an LED halo parking light around the perimeter of each lamp that shall activate with marker lights “on”. The headlights shall turn on in the low beam setting when the park brake is disengaged. The headlights shall turn off when the park brake is engaged. The marker and LED halo parking lights shall turn on when the ignition switch is in the "On" position. There shall be a virtual dimmer control on the Vista display to adjust the brightness of the dash lights. INTERIOR OVERHEAD LIGHTS The cab shall include a LED dome lamp located over each door. The lights shall include push switches on each lamp to activate both the clear and red portions of the light individually. INTERIOR OVERHEAD LIGHTS ACTIVATION The clear portion of each lamp shall be activated by opening the respective door and via the multiplex display. LIGHTBAR PROVISION There shall be one (1) light bar installed on the cab roof. The light bar shall be provided and installed by the chassis manufacturer. The light bar installation shall include mounting and wiring to a control switch on the cab dash. 501 SVI Trucks 10/10/24 Page 54 of 134 CAB FRONT LIGHTBAR MODEL The cab shall be provided with one (1) Whelen model F4N72 WeCan X light bar. The light bar shall be 72.00 inches in length and feature eighteen (18) customizable pods. See the light bar layout for specific details. LIGHTBAR SWITCH The light bar shall be controlled through a virtual button on the vehicle display and control screen. There shall be an additional button located on the vehicle display and control screen to control the clear lights. FRONT SCENE LIGHTS The front of the cab shall include one (1) HiViz model FireTech FT-B-72-ML-W LED scene light installed on the brow of the cab. The light shall feature (5) five integrated marker lights. The housing shall be powder coated white. FRONT SCENE LIGHT LOCATION There shall be one (1) scene light mounted center on the front brow of the cab. FRONT SCENE LIGHTS ACTIVATION The front scene lighting shall be activated by a virtual button on the vehicle display and control screen and a lighted momentary rocker switch on the dash. REAR SCENE LIGHTS The vehicle shall include multiplex activated rear scene lighting for body builder installed scene lights and body builder installed multiplex output. REAR SCENE LIGHT ACTIVATION The rear scene light shall be activated via a virtual button on the Vista display and control screen and a lighted momentary rocker switch on the dash labeled “REAR SCENE”. GROUND LIGHTS Each door shall include a Tecniq T44 LED ground light mounted to the underside of the cab step below each door. The lights shall include a polycarbonate lens, a housing which is vibration welded and LEDs which shall be shock mounted for extended life. GROUND LIGHTS The ground lighting shall be activated when the parking brake is set, by the opening of the door on the respective cab side, and a rocker switch in the dash panel. 502 SVI Trucks 10/10/24 Page 55 of 134 LOWER CAB STEP LIGHTS The middle step located at each door shall include a Tecniq T44 LED light which shall activate with the opening of the respective door. The lights shall include a polycarbonate lens, a housing which is vibration welded and LEDs which shall be shock mounted for extended life. INTERMEDIATE STEP LIGHTS The intermediate step well area at the front doors shall include a TecNiq D06 LED light within a chrome housing. The front egress step lights shall provide visibility to the step well area for the first step exiting the vehicle. The Egress step lights shall activate with entry step lighting. ENGINE COMPARTMENT LIGHT There shall be a LED NFPA compliant light mounted under the engine tunnel for area work lighting on the engine. The light shall activate automatically when the cab is tilted. DO NOT MOVE APPARATUS LIGHT The front headliner of the cab shall include a flashing red Whelen Ion LED light clearly labeled "Do Not Move Apparatus". In addition to the flashing red light, an audible alarm shall be included which shall sound while the light is activated. The flashing red light shall be located centered left to right for greatest visibility. The light and alarm shall be interlocked for activation when either a cab door is not firmly closed or an apparatus compartment door is not closed, and the parking brake is released. MASTER WARNING SMART CONTROLLER A master warning system smart controller shall be included under the cab center dash. The smart controller shall be a Whelen CenCom Core amplifier and input/output interface module powered by WeCanX, CAN (Controller Area Network) based communication system. The CenCom Core shall include 17 total inputs and 23 outputs, with 7 different interface connections. The CenCom core can support up to 99 WeCanX devices. All Whelen warning lights are to be individually wired to the Cencom Core. The Cencom data wires shall be routed down the chassis frame rail behind the cab. The following circuits shall be wired to inputs: • Park brake • Master warning. • All other front, side, and lightbar activation are implied. (The number of inputs used for each shall be wired based on activation selected) The CenCom Core shall include a V2V vehicle-to-vehicle WeCanX sync module to automatically synchronize Dynamic Variable Intensity (DVI) light patterns and tones on vehicles within proximity to aid approaching motorists. MASTER WARNING SWITCH A master switch shall be included, as a virtual button on the Vista display and control screen which shall be labeled “E Master” for identification. The button shall feature control over all devices wired through it. Any warning device switches left in the “ON” position when the master switch is activated shall automatically power up. 503 SVI Trucks 10/10/24 Page 56 of 134 INBOARD FRONT WARNING LIGHTS The cab front fascia shall include two (2) Whelen M6 Super LED front warning lights in the left and right inboard positions. The lights shall feature multiple flash patterns including steady burn for solid colors and multiple flash patterns for split colors. The lights shall be mounted to the front fascia of the cab within a chrome bezel INBOARD FRONT WARNING LIGHTS COLOR The warning lights mounted on the cab front fascia in the inboard positions shall be red with a clear lens. OUTBOARD FRONT WARNING LIGHTS The cab front fascia shall include two (2) Whelen 600 series Super LED front warning lights in the left and right outboard positions. The lights shall feature multiple flash patterns including steady burn for solid colors and multiple flash patterns for split colors. The lights shall be mounted to the front fascia of the cab within a chrome bezel. OUTBOARD FRONT WARNING LIGHTS COLOR The warning lights mounted on the cab front fascia in the outboard position shall be red with a clear lens. FRONT WARNING SWITCH The front warning lights shall be controlled through a virtual control on the vehicle display and control screen. This switch shall be clearly labeled for identification. INTERSECTION WARNING LIGHTS The chassis shall include two (2) Whelen M6 series Super LED intersection warning lights, one (1) each side. The lights shall feature multiple flash patterns including steady burn. INTERSECTION WARNING LIGHTS COLOR The intersection lights shall be red with a clear lens. INTERSECTION WARNING LIGHTS LOCATION The intersection lights shall be mounted on the side of the cab on the front radius. SIDE WARNING LIGHTS The cab sides shall include two (2) Whelen M6 Super LED warning lights, one (1) on each side. The lights shall feature multiple flash patterns including steady burn for solid colors and multiple flash patterns for split colors. The lights shall be mounted to the sides of the cab within a chrome bezel. SIDE WARNING LIGHTS COLOR The warning lights located on the side of the cab shall be red with clear lens. SIDE WARNING LIGHTS LOCATION The warning lights on the side of the cab shall be mounted over the front wheel well forward from the center of the front axle. 504 SVI Trucks 10/10/24 Page 57 of 134 SIDE AND INTERSECTION WARNING SWITCH The side warning lights shall be controlled through a virtual button on the vehicle display and control screen. This button shall be clearly labeled for identification. TANK LEVEL LIGHTS There shall be two (2) FRC MaxVision surface mount water level light strips. The light strips shall feature four (4) colors of LED lights to indicate the fluid level of a tank. The colors from top to bottom shall be green, blue, amber, and red. TANK LEVEL LIGHTS ACTIVATION The tank level lights shall be pre-wired and coiled at rear of the cab for connection to the apparatus by the body builder. TANK LEVEL LIGHTS LOCATION There shall be water level lights mounted as high as possible on each side of the cab in the upper forward portion of the cab, behind the front cab doors. TRAFFIC CONTROL There shall be one (1) GTT (Global Traffic Technologies) Opticom model 795H traffic control optical emitter mounted in the lightbar on the front of the cab roof. The emitter shall include a GPS/Radio Antenna and 2100 control unit. The 2100 control unit shall be located behind the center dash panel. The emitter shall be activated by the 2100 control unit and shall be deactivated when the parking brake is applied. There shall be an indicator light on the dash. SIREN CONTROL HEAD A Whelen CCTL9 WeCanX control head for lighting and siren integration with a Whelen Core system shall be mounted in the cab dash center panel in a location specified by the customer. The control head shall feature a microphone plug on the font, a rotary switch, and six (6) fully programmable buttons for lighting control, Traffic advisor control, and other configurations as needed. STEERING WHEEL HORN BUTTON SELECTOR SWITCH A virtual button on the Vista display and control panel shall control of either the electric horn or the electronic siren from the steering wheel horn button. AUDIBLE WARNING LH FOOT SWITCH A foot switch wired to actuate the mechanical siren(s) shall be supplied for installation in the front section of the cab for driver actuation. MECHANICAL SIREN FOOT SWITCH LH The mechanical siren foot switch shall be a Linemaster model 491-S. MECHANICAL SIREN FOOT SWITCH LH LOCATION 505 SVI Trucks 10/10/24 Page 58 of 134 The mechanical siren foot switch shall be located on the left hand side accessible to the driver between the steering column and the door. MECHANICAL SIREN FOOT SWITCH LH POSITION The mechanical siren foot switch shall be positioned outboard of any other foot switch, if applicable. AUDIBLE WARNING LH FOOT SWITCH BRACKET A 30.00 degree angled foot switch bracket, wide enough to accommodate (2) foot switches, shall be installed outboard of the steering column for specified driver accessible foot switch activations. AUDIBLE WARNING RH FOOT SWITCH A foot switch wired to actuate the mechanical siren(s) shall be supplied for installation in the front section of the cab for officer actuation. MECHANICAL SIREN FOOT SWITCH RH The mechanical siren foot switch shall be a Linemaster model 491-S. MECHANICAL SIREN FOOT SWITCH RH LOCATION The mechanical siren foot switch shall be temporarily tied up with a coiled wire drop at the firewall inboard for installation by the customer on the right hand side accessible to the officer. AUDIBLE WARNING RH FOOT SWITCH BRACKET An individual 30.00 degree angled bracket shall be shipped loose with the chassis for installation of each officer accessible foot switch by the customer. AIR HORN AUXILIARY ACTIVATION The air horn activation shall be accomplished by two (2) lanyard cables, one (1) on the left hand side accessible to the driver and one (1) on the right hand side accessible to the officer. An air horn activation circuit shall be provided to the chassis harness pump panel harness connector. MECHANICAL SIREN BRAKE/AUXILIARY ACTIVATION A red momentary siren brake rocker switch shall be provided in the switch panel on the dash and a virtual button for the siren brake shall be provided on the vehicle display and control screen. MECHANICAL SIREN INTERLOCK The siren shall only be active when master warning switch is on to prevent accidental engagement. BACK-UP ALARM An ECCO model 575 backup alarm shall be installed at the rear of the chassis with an output level of 107 dB. The alarm shall automatically activate when the transmission is placed in reverse. 506 SVI Trucks 10/10/24 Page 59 of 134 INSTRUMENTATION An ergonomically designed instrument panel shall be provided. Each gauge shall be backlit with LED lamps. Stepper motor movements shall drive all gauges. The instrumentation system shall be multiplexed and shall receive ABS, engine, and transmission information over the J1939 data bus to reduce redundant sensors and wiring. A twenty eight (28) icon lightbar message center with integral LCD odometer/trip odometer shall be included. The odometer shall display up to 999,999.9 miles. The trip odometer shall display 9,999.9 miles. The LCD message center screen shall be capable of custom configuration by the users for displaying certain vehicle status and diagnostic functions. The instrument panel shall contain the following gauges: One (1) three-movement gauge displaying vehicle speed, fuel level, and Diesel Exhaust Fluid (DEF) level. The primary scale on the speedometer shall read from 0 to 100 MPH, and the secondary scale on the speedometer shall read from 0 to 160 KM/H. The scale on the fuel and DEF level gauges shall read from empty to full as a fraction of full tank capacity. Red indicator lights in the gauge and an audible alarm shall indicate low fuel or low DEF at 1/8th tank level. One (1) three-movement gauge displaying engine RPM, and primary and secondary air system pressures shall be included. The scale on the tachometer shall read from 0 to 3000 RPM. The scale on the air pressure gauges shall read from 0 to 150 pounds per square inch (PSI) with a red line zone indicating critical levels of air pressure. Red indicator lights in the gauge and an audible alarm shall indicate low air pressure. One (1) four-movement gauge displaying engine oil pressure, coolant temperature, voltmeter, and transmission temperature shall be included. The scale on the engine oil pressure gauge shall read from 0 to 100 pounds PSI with a red line zone indicating critical levels of oil pressure. A red indicator light in the gauge and audible alarm shall indicate low engine oil pressure. The scale on the coolant temperature gauge shall read from 100 to 250 degrees Fahrenheit (°F) with a red line zone indicating critical coolant temperatures. A red indicator light in the gauge and audible alarm shall indicate high coolant temperature. The scale on the voltmeter shall read from 9 to 18 volts with a red line zone indicating critical levels of battery voltage. A red indicator light in the gauge and an audible alarm shall indicate high or low system voltage. The low voltage alarm shall indicate when the system voltage has dropped below 11.8 volts for more than 120 seconds in accordance with the requirements of NFPA 1901. The scale on the transmission temperature gauge shall read from 100 to 300 degrees °F with a red line zone indicating critical temperatures. A red indicator light in the gauge and an audible alarm shall indicate a high transmission temperature. The light bar portion of the message center shall include twenty-eight (28) LED backlit indicators. The lightbar shall be split with fourteen (14) indicators on each side of the LCD message screen. The lightbar shall contain the following indicators and produce the following audible alarms when supplied in conjunction with applicable configurations: RED INDICATORS Stop Engine - indicates critical engine fault Air Filter Restricted - indicates excessive engine air intake restriction Park Brake - indicates parking brake is set Seat Belt - indicates a seat is occupied and corresponding seat belt remains unfastened Low Coolant - indicates critically low engine coolant Cab Tilt Lock - indicates the cab tilt system locks are not engaged. AMBER INDICATORS Malfunction Indicator Lamp (MIL) - indicates an engine emission control system fault Check Engine - indicates engine fault 507 SVI Trucks 10/10/24 Page 60 of 134 Check Transmission - indicates transmission fault Anti-Lock Brake System (ABS) - indicates anti-lock brake system fault High exhaust system temperature – indicates elevated exhaust temperatures Water in Fuel - indicates presence of water in fuel filter Wait to Start - indicates active engine air preheat cycle Windshield Washer Fluid – indicates washer fluid is low DPF restriction - indicates a restriction of the diesel particulate filter Regen Inhibit-indicates regeneration of the DPF has been inhibited by the operator Range Inhibit - indicates a transmission operation is prevented and requested shift request may not occur. SRS - indicates a problem in the supplemental restraint system Check Message - indicates a vehicle status or diagnostic message on the LCD display requiring attention. GREEN INDICATORS Left and Right turn signal indicators ATC - indicates low wheel traction for automatic traction control equipped vehicles, also indicates mud/snow mode is active for ATC system High Idle - indicates engine high idle is active. Cruise Control - indicates cruise control is enabled OK to Pump - indicates the pump is engaged and conditions have been met for pump operations Pump Engaged - indicates the pump transmission is currently in pump gear Auxiliary Brake - indicates secondary braking device is active BLUE INDICATORS High Beam indicator AUDIBLE ALARMS Air Filter Restriction Cab Tilt Lock Check Engine Check Transmission Open Door/Compartment High Coolant Temperature High or Low System Voltage High Transmission Temperature Low Air Pressure Low Coolant Level Low DEF Level Low Engine Oil Pressure Low Fuel Seatbelt Indicator Stop Engine Water in Fuel Extended Left/Right Turn Signal On ABS System Fault BACKLIGHTING COLOR The instrumentation gauges and the switch panel legends shall be backlit using white LED backlighting. 508 SVI Trucks 10/10/24 Page 61 of 134 VEHICLE CONNECTIVITY A HAAS Alert model HA5 R2V Collision Prevention System shall be provided. The system will be a HAAS Alert with 5 year cloud service. The transponder module will be installed forward on the dash behind the cab windshield, as high and near to the center as practical to allow clear visibility with the sky. The unit shall be wired to battery direct power and activate with the Master Warning Switch. CAMERA REAR One (1) Audiovox Voyager heavy duty box shaped HD camera shall be shipped loose for OEM installation in the body to afford the driver a clear view to the rear of the vehicle. The rear camera display shall activate when the vehicle’s transmission is placed in reverse. CAMERA DISPLAY The camera system shall be wired to a single vehicle display and control screen located on the driver’s side dash. The camera system display can be activated through the vehicle display and control screen. COMMUNICATION ANTENNA A Global Traffic Technologies model 1050 GPS/Radio antenna shall be mounted on the left hand front corner of the cab roof so not to interfere with light bars or other roof mounted equipment installed by chassis builder. The antenna shall be a white dome shape. In combination with the Global Traffic Technologies traffic emitter the antenna shall provide the emitter with multimode functionality. The antenna shall be chassis builder supplied. COMMUNICATION ANTENNA CABLE ROUTING The antenna cable shall be routed from the antenna base mounted on the roof to the area inside the center rocker switch console. AUXILIARY COMMUNICATION ANTENNA An auxiliary antenna base, for use with and NMO type antenna, shall be installed on the cab. The antenna base shall be an Antenex model MABVT8 and shall include 17.00 foot of RG58 A/U cable with no connector at the radio end of the cable. The antenna shall be mounted on the right hand front corner of the cab roof so not to interfere with light bars or other roof mounted equipment installed by chassis builder. The antenna base shall be chassis builder supplied. AUXILIARY COMMUNICATION ANTENNA CABLE ROUTING The auxiliary antenna cable shall be routed from the antenna base mounted on the roof to the area inside the center rocker switch console. FIRE EXTINGUISHER A 2.50 pound D.O.T approved fire extinguisher with BC rating shall be shipped loose with the cab. ROAD SAFETY KIT The cab and chassis shall include one (1) emergency road safety triangle kit. 509 SVI Trucks 10/10/24 Page 62 of 134 DOOR KEYS The cab and chassis shall include a total of four (4) door keys for the manual door locks. WARRANTY Purchaser shall receive a Custom Chassis Two (2) Years or 36,000 Miles limited warranty in accordance with, and subject to, warranty certificate RFW0102. The warranty certificate is incorporated by reference into this proposal, and included with this proposal or available upon request. CHASSIS OPERATION MANUAL There shall be two (2) digital copies of the chassis operation manual provided with the chassis. The digital data shall include a parts list specific to the chassis model. ENGINE AND TRANSMISSION OPERATION MANUALS The following manuals specific to the engine and transmission models ordered will be included with the chassis in the ship loose items: (1) Hard copy of the Engine Operation and Maintenance manual with digital copy (1) Digital copy of the Transmission Operator’s manual (1) Digital copy of the Engine Owner’s manual CAB/CHASSIS AS BUILT WIRING DIAGRAMS The cab and chassis shall include two (2) digital copies of wiring schematics and option wiring diagrams. PAINT CONFIRMATION There shall be a paint confirmation letter sent to the body manufacturer with paint spray outs to confirm the cab primary paint color or primary and secondary paint color as specified by the paint options. SALES TERMS The sale of the chassis shall be governed by the terms contained on the Sales Terms – Acceptance of Purchase Order document, a copy of which is attached to this option. DRIVELINE LAYOUT CONFIRMATION During the design phase of the chassis the Spartan Chassis driveline engineer shall submit the driveline layout to an OEM engineer to review the chassis design for any potential problems integrating the OEM body to the chassis. This shall also include review and approval of requested clear areas. The OEM engineer shall provide approval to the driveline engineer prior to driveline bills of materials being released. 510 SVI Trucks 10/10/24 Page 63 of 134 CAB TO AXLE DIMENSION Cab to axle will be 161”. CHASSIS MODIFICATIONS LUBRICATION AND TIRE DATA PLATE A permanent label in the driving compartment shall specify the quantity and type of the following fluids used in the vehicle and tire information: • Engine oil • Engine coolant • Chassis transmission fluid • Pump transmission lubrication fluid . . (if applicable) • Pump priming system fluid, if applicable . . (if applicable) • Drive axle(s) lubrication fluid • Air conditioning refrigerant . . (if applicable) • Air conditioning lubrication oil . . (if applicable) • Power steering fluid • Cab tilt mechanism fluid . . (if applicable) • Transfer case fluid . . (if applicable) • Equipment rack fluid (if applicable) • CAFS air compressor system lubricant . . (if applicable) • Generator system lubricant . . (if applicable) • Front tire cold pressure • Rear tire cold pressure • Maximum tire speed ratings VEHICLE DATA PLATE A permanent label in the driving compartment which indicates the following: • Filter part numbers for the; − Engine − Transmission − Air − Fuel • Serial numbers for the; − Engine − Transmission • Delivered Weights of the Front and Rear Axles • Paint Brand and Code(s) • Sales Order Number 511 SVI Trucks 10/10/24 Page 64 of 134 OVERALL HEIGHT, LENGTH DATA PLATE (US) The fire apparatus manufacturer shall permanently affix a high-visibility label in a location visible to the driver while seated. The label shall show the height of the completed unequipped vehicle in feet and inches (meters), the length of the completed vehicle in feet and inches (meters to nearest 1/10th), and the GVWR in tons (metric tons). Wording on the label shall indicate that; "The information shown was current when the apparatus was manufactured. If the overall height changes while the vehicle is in service, the fire department must revise that dimension on the plate". PERSONNEL CAPACITY A label that states the number of personnel the vehicle is designed to carry shall be located in an area visible to the driver. SEAT BELT WARNING - FAMA06/07 A safety sign FAMA06 shall be visible from each seat that is not equipped with occupant restraint and therefore not intended to be occupied while the vehicle is in motion. A safety sign FAMA07, which warns of the importance of seat belt use, shall be visible from each seat that is intended to be occupied while the vehicle is in motion. EQUIPMENT MOUNTING FAMA10 A safety sign FAMA10, which warns of the need to secure items in the cab, shall be visible inside the cab. FIRE SERVICE TIRES - FAMA12 A safety sign FAMA12, which warns of the special requirements for fire service–rated tires, shall be visible to the driver entering the cab of any apparatus so equipped. HELMET WARNING - FAMA15 A safety sign FAMA15, which warns not to wear helmets while the vehicle is in motion, shall be visible from each seat that is intended to be occupied while the vehicle is in motion. CLIMBING METHOD - FAMA23 A safety sign FAMA23, which warns of the proper climbing method, shall be visible to personnel entering the cab and at each designated climbing location on the body. REAR STEP CROSSWALK WARNING - FAMA24 A safety sign FAMA24, which warns personnel not to ride on the vehicle, shall be located at the rear step areas and at any cross walkways. FINAL STAGE MANUFACTURER VEHICLE CERTIFICATION A final stage manufacturer vehicle certification label shall be provided and installed in the driver cab door jamb area. 512 SVI Trucks 10/10/24 Page 65 of 134 FRONT BUMPER The front bumper shall be provided by the cab/chassis manufacturer. BUMPER GRAVELSHIELD The bumper extension gravel shield if specified shall be provided by the cab/chassis manufacturer. Bumper compartment shall be provided with a Velcro strap to assist in restraining compartment contents. AIR HORN(S) Air horn(s) if specified shall be supplied and installed by the cab/chassis manufacturer. Watercan extinguisher mounts that are designed to sit on top of bumper gravel shield. To be shipped loose for dealer installation. FRONT TOW PROVISIONS The front tow provisions if specified shall be supplied and installed by the cab/chassis manufacturer. BUMPER GROUND LIGHTS GROUND LIGHTS • There shall be two (2) Tecniq 4" T44 white LED ground light(s) shall be provided below the body. Light(s) shall be switchable but activated automatically when the park brake is set. Clarify: All ground lights will match chassis operation. SIREN SPEAKER The siren speaker(s) shall be supplied and installed by the cab/chassis manufacturer. AIR INTAKE SYSTEM An air filter shall be provided in the engine’s air intake system by the customer cab/chassis manufacturer. Air inlet restrictions shall not exceed the engine manufacturer’s recommendations. The air inlet shall be equipped with a means of separating water and burning embers from the air intake system. This requirement shall be permitted to be achieved by either of the following methods: 1. Provision of a device such that burning particulate matter larger than 0.039 in. (1.0 mm) in diameter cannot reach the air filter element. 2. Provision of a multi screen ember separator capable of meeting the test requirements defined in the Parker Hannafin, Racor Division, publication LF 1093-90, Ember Separation Test Procedure, or an equivalent test. 513 SVI Trucks 10/10/24 Page 66 of 134 EXHAUST The exhaust system shall be as provided by cab/chassis manufacturer. WARNING LIGHT: CHASSIS CAB ZONE A - FRONT WARNING LIGHTS, UPPER The light bar shall be supplied and installed by the cab/chassis manufacturer. The lightbar(s) shall be separately controlled at multiplex display(s) in the cab. ZONE A - FRONT WARNING LIGHTS, LOWER The warning lights shall be supplied and installed by the cab/chassis manufacturer. They shall be Whelen lights to complete an NFPA compliant lower level warning light system. The lights shall be controlled at the multiplex display(s) in the cab. ZONES B AND D - CAB INTERSECTOR LIGHT (CAB FRONT CORNERS) The warning lights shall be supplied and installed by the cab/chassis manufacturer. They shall be Whelen lights to complete an NFPA compliant lower level warning light system. The lights shall be controlled at the multiplex display(s) in the cab. CHASSIS SUPPLIED BATTERY ACCESS Removable panel(s) shall be provided in lower S1/C1 to access the Spartan LTD cab/chassis supplied batteries mounted on frame behind cab. SEAT BELT COLOR Section 14.1.3.3 of the NFPA 1901 Standards, requires all seat belt webbing in cab to be bright red or bright orange in color, and the buckle portion of the seat belt shall be mounted on a rigid or semi rigid stalk such that the buckle remains positioned in an accessible location. SEAT BELT WEB LENGTH - CUSTOM CAB Sections 14.1.3.2 and 14.1.3.3 of the NFPA 1901 standards, require the effective seat belt web length for a Type 1 lap belt for pelvic restraint to be a minimum of 60", and a Type 2 pelvic and upper torso restraint-style seat belt assembly to be a minimum of 110". The chassis seat belt web length as supplied by the custom chassis manufacturer shall be compliant to NFPA Standards 14.1.3.2 and 14.1.3.3. SEAT BELT / VDR SYSTEM - CUSTOM CAB The seat belt warning and vehicle data recorder systems shall be provided by the cab/chassis manufacturer. 514 SVI Trucks 10/10/24 Page 67 of 134 TIRE PRESSURE VISUAL INDICATORS Tire pressure visual indicators if specified shall be supplied by the cab and chassis manufacturer. HELMET STORAGE HELMET STORAGE, DRIVER POSITION Helmet storage shall be the responsibility of Colony Fire Department in specified cab area. A safety sign FAMA15, which warns not to wear helmets while the vehicle is in motion, shall be visible from each seat that is intended to be occupied while the vehicle is in motion. HELMET STORAGE, OFFICER POSITION Helmet storage shall be the responsibility of Colony Fire Department in specified cab area. A safety sign FAMA15, which warns not to wear helmets while the vehicle is in motion, shall be visible from each seat that is intended to be occupied while the vehicle is in motion. CAB CRASH TEST CERTIFICATION A cab crash test certification from the fire apparatus manufacturer shall be provided with the equipment. A copy of this certification shall be included with the bid. NOTE: There shall be no exception to any portion of the cab integrity certification requirements. Nonconformance shall lead to immediate rejection of bid. The certification shall state that the cab does meet or exceed the requirements below: 1) European Occupant Protection Standard ECE Regulation No. 29. 2) SAE J2422 Cab Roof Strength Evaluation - Quasi-Static Loading Heavy Trucks. CAB PAINT The finish paint and color as provided from the cab/chassis manufacturer shall be provided. Cab shall not be repainted. (Note: Most departments do NOT find that the fleet paint finish from a commercial cab/chassis manufacturer is acceptable. The Body Builder will NOT be responsible for paint quality and finish issues.) REFLECTIVE STRIPE - CAB DOOR INTERIOR Any door of the apparatus designed to allow persons to enter or exit the apparatus shall have at least 96 in.2 (62,000 mm2) of retroreflective material affixed to the inside of the door. The inside of each cab door shall have 4" Chevron style diamond grade reflective striping. The colors shall be red and fluorescent yellow-green. CAB INTERIOR COMPONENT PAINT COLOR, OEM SUPPLIED Powder coat shall be hammertone silver/grey. Cardinal T064-GR05 515 SVI Trucks 10/10/24 Page 68 of 134 HUB AND NUT COVERS If specified chassis supplied front and rear wheels hub caps and wheel nut covers shall be installed prior to delivery of completed unit. MUDFLAPS There shall be a full width 1/4" rubber mudflap with no logo provided and installed behind rear set of tires to prevent throwing road debris and lower road spray. A custom laser-cut design shall Provided from Box Alarm Grills will be provided. Will match photo provided in folder. AIR BRAKE SYSTEM QUICK BUILD-UP The air brake quick build-up system shall be supplied from the cab/chassis manufacturer. The quick buildup system shall provide sufficient air pressure so that the apparatus has no brake drag and is able to stop under the intended operating conditions following the 60-second buildup time. CHASSIS AIR TANK DRAIN CABLES The cab/chassis air brake system tank drains cables shall be extended to panel(s) located on forward streetside lower body or as per tank locations. Each air tank drain cable shall be extended/routed to the panel(s) through eyelets so as to prevent cables hanging or being exposed below the body. Each pull ring/handle shall be properly labeled to identify each tank and include a black colored label bezel. ROAD EMERGENCY SAFETY KIT The DOT required reflective triangles, warning flares, and fire extinguisher shall be provided by cab and chassis supplier. 516 SVI Trucks 10/10/24 Page 69 of 134 SIGTRONICS INTERCOM SYSTEM The following Sigtronics intercom system shall be provided and installed to improve the safety of firefighters and rescue professionals through enhanced communication and hearing protection. System shall have the following major components as minimum; • Intercom Station, US-45S • Radio interface for single radio. INTERCOM SYSTEM INSTALLATION The above listed intercom system headset jascks shall be installed in the cab locations as follows; • Driver’s – Intercom & radio PTT provided at driver position. − Position provided with under helmet headset model SE-8 − Intercom headset jack shall be located overhead right shoulder. − Push-to-Talk switch shall be located on center console/engine cover. • Officer’s – Intercom & radio PTT provided at officer position. − Position provided with under helmet headset model SE-8 − Intercom headset jack shall be located overhead left shoulder. − Push-to-Talk switch shall be located on center console/engine cover. − Headset hook provided overhead left shoulder. • Body Walk-In Area – (4) Intercom provision(s) provided in body walk-in. − Position provided with under helmet headset model SE-8 − Intercom headset jack shall be located on cab interior wall. − Headset hook provided on interior side wall. 517 SVI Trucks 10/10/24 Page 70 of 134 CAB EXTERIOR COMPARTMENT MODIFICATIONS The following cab compartments shall be modified as follows; CAB TRANSVERSE COMPARTMENT The cab provided streetside transverse compartment shall be provided with the following: CAB TRANSVERSE COMPARTMENT The cab provided curbside transverse compartment shall be provided with the following: • There shall be one (1) transverse module fabricated from 3/16” (.188) 3003H-14 aluminum alloy smooth sheet. The module will be designed for the following long tools and equipment: − The list of items to be stored in the transverse module: − One (1) Colony Fire Department supplied pike pole(s) shall be installed after delivery. Manufacturer, model number and dimensions to be provided during the pre-construction meeting. − One (1) Colony Fire Department supplied stokes basket(s) shall be installed after delivery. Manufacturer, model number and dimensions to be provided during the pre-construction meeting. − One (1) Colony Fire Department supplied back board(s) shall be installed after delivery. Manufacturer, model number and dimensions to be provided during the pre-construction meeting. − Two (2) Colony Fire Department supplied ladder(s) shall be installed after delivery. − There shall be six (6) OnScene Solutions cargo straps provided to secure the stored equipment. FOLDING STEP(S) There shall be two (2) Innovative Controls polished cast aluminum folding step(s) provided and installed one (1) each side of cab. Each step shall be heavy duty with stainless steel spring and textured step surface meeting NFPA standards. Each step shall include an LED light. STREETSIDE FUEL FILL There shall be one (1) fuel fill door located in the streetside exterior wheel well panel, behind the rear axle. The fill door shall be fabricated from brushed stainless steel. There shall be a permanent label with the text "DIESEL FUEL ONLY" located adjacent to the fuel fill access. DEF FLUID FILL The Spartan supplied temporary DEF filler hose assembly shall be re-located on front of streetside body and labeled "DEF ONLY". The cab will be required to be tilted to fill with DEF fluid. 518 SVI Trucks 10/10/24 Page 71 of 134 BODY DESIGN The importance of public safety associated with emergency vehicles requires that the construction of this vehicle meet the following specifications. These specifications are written to establish the minimum level of quality and design. All Bidders shall be required to meet these minimum requirements. It is the intent of these specifications to fully describe the requirements for a custom built emergency type vehicle. In order to extend the expected service life of this vehicle, the body module shall be removable from the chassis frame and be capable of being installed on a new chassis. The sheet metal material requirements, including alloy and material thickness, throughout the specifications are considered to be a minimum. Since such materials are available to all Manufacturers, the material specifications shall be strictly adhered to. The fabrication of the body shall be formed sheet metal. Formed components shall allow the Colony Fire Department to have the body repaired locally in the case where any object has struck the body and caused damage. The use of proprietary extrusions will prevent the Colony Fire Department from such repair and shall NOT be used. All fabricated body components to be cut by a laser or water-jet for superior cut edge quality. Following construction of the subframe, which supports the apparatus body, the sheet metal portion of the body shall be built directly on the subframe. The joining of the subframe and body shall be of a welded integral construction. The sheet metal fabrication of the body shall be performed using inert gas continuous feed welders only. The entire body shall be welded construction. The use of pop rivets in any portion of structural construction may allow premature failure of the body structure. Therefore, pop rivets shall NOT be used in the construction of the structural portions of the body. This includes side body sheets, inner panels of compartment doors, and any other structural portions of the body. EXTERIOR ALUMINUM BODY The fabrication of the body shall be constructed from aluminum 3003H-14 alloy smooth plate. This shall include compartment front panel, vertical side sheets, side upper rollover panels, rear panels and compartment door frames. The body compartment floors and exterior panels shall be constructed with not less than 3/16" (.187) aluminum 3003H-14 smooth plate. Interior compartment dividing walls shall be constructed with not less than 1/8" (.125) aluminum 3003H-14 smooth plate. Lighter gauge sheet metal will not be acceptable in these areas, No Exceptions. The front and rear corners of body shall be formed as part of the front or rear body panels. This provides a stronger body corner and finished appearance. The use of extruded corners, or caps will not be acceptable, No Exceptions. The door side frame openings shall be formed "C" channel design. An electrical wiring conduit raceway running the full length of exterior compartments shall be provided. This raceway shall contain all 12 volt wiring running to the rear of the apparatus, permitting easy accessibility to wiring. Individual compartment modules, with dead air space voids between compartments, will not be an acceptable method of compartment construction. The compartments shall be an integral part of the body construction. Compartment floors from front of body to ahead of rear axle, also from rear axle to rear of body shall be single one-piece sections. Compartment floors shall be preformed, then positioned in body and welded into final position. 519 SVI Trucks 10/10/24 Page 72 of 134 Compartment floors shall have a "sweep-out" design with door opening threshold positioned lower than compartment floor, permitting easy cleaning of compartments. Angles, lips, or door moldings are not acceptable in the base of compartment door opening. One-way rubber drain valves shall be provided in compartment floors so that a water hose may be used to flush-out compartment area. All exterior seams in sheet metal below frame, and around the rear wheel well area shall be welded and caulked to resist moisture from entering the compartments. All other interior seams and corners shall be sealed with silicone based caulk prior to painting. Only stainless steel bolts, nuts, and sheet metal screws shall be used in mounting exterior trim, hardware and equipment. Exterior compartments shall have louvers in lower back wall of compartment for ventilation. DRIP RAILS The body shall have drip rails over the side full height compartments. The drip rails shall be formed into the upper body panels providing a ridged lower panel and a flat upper body panel surface. The use of mechanically fastened, taped or glued on drip rails will not be acceptable, No Exceptions. ROOF CONSTRUCTION The roof shall be integral with the body and shall be all welded construction. The roof of the body shall not be less than 3/16" aluminum 3003H-14 alloy NFPA nonskid compliant tread plate, fully and continuously welded. The roof shall be reinforced with 2" x 2" x 1/4" aluminum tubing running the full width of the body. A 2" rounded radius shall be provided along the body sides. BODY SUBFRAME The chassis frame rails shall be fitted with 1/4" custom extruded UHMW polyethylene rail cap to isolate the body frame members from direct contact with chassis frame rails. The body subframe shall be constructed from 6061T6 aluminum alloy tubing. Subframe shall consist of two (2) 2" x 6" x 1/4" aluminum tubes, the same width as the chassis frame rails, NO EXCEPTION. Welded to this tubing shall be cross members of 2" x 6" x 1/4" aluminum. These cross members shall extend the full width of the body to support the compartments. Cross members shall be located at front and rear of the body, below compartment divider walls, and in front and rear of wheel well opening. Additional aluminum cross members shall be located on 16" centers, or as necessary to support walkway or heavy equipment. To form the frame, the tubing shall be beveled and welded at each joint using 5356 aluminum alloy welding wire. BODY MOUNTING The body subframe shall be fastened to the chassis frame with six (6) spring loaded body mounts. Each mount shall be configured using a two-piece encapsulated slide bracket. The two (2) brackets shall be fabricated of heavy duty 1/4" thick steel and shall have a powder coat finish to resist any corrosion. Each mounting assembly shall utilizing two (2) 3/4" diameter x 6" long grade 8 bolts and two (2) heavy duty springs. The assembly design shall allow the body and subframe to act as one (1) component, separate from the chassis. As the chassis frame twists under driving conditions, the spring mounting system shall eliminate any stress from being transferred into the body. The spring loaded body mounts shall also prevent frame side rail or body damage caused by unevenly distributed stress and strains due to load and chassis movement. 520 SVI Trucks 10/10/24 Page 73 of 134 Body mountings that do not allow relief from chassis movement will not be acceptable. 10" REAR STEP BUMPER The full width rear bumper shall be constructed from 2" x 2" x 1/4" aluminum tubing frame and covered with 3/16" NFPA compliant aluminum tread plate. The bumper shall extend from the rear vertical body panel 10" and provide a rear step with a minimum of 1/2" space at body for water drainage. REAR TOW EYES There shall be two (2) heavy duty rear mounted tow eyes securely attached to the body subframe, below body. The tow eyes shall be fabricated from 3/4" thick steel plate with a 3" diameter opening. Tow eyes shall have a black powder coat finish. TRAILER HITCH A 2" Square Class IV weight carrying capacity rear hitch receiver shall be provided below the rear bumper. The receiver shall be attached to chassis frame with heavy duty steel frame work with a black hammertone powder coat paint finish. A label shall be provided in a location in which it is visible to an operator making trailer connections. The label shall state the maximum GVWR and tongue weight of the trailer that can be safely towed with the hitch system. Two (2) safety chain attachment points shall be provided near the hitch point for hitches designed to use safety chains, each designed with an ultimate strength of not less than the maximum GVWR specified on label. Without the use of a "weight distribution" ball hitch the Class IV receiver shall have a capacity of 10,000 lbs. gross trailer weight and a maximum tongue weight of 1,000 lbs. With the use of a "weight distribution" ball hitch the Class IV receiver shall have a capacity of 12,000 lbs. gross trailer weight and a maximum tongue weight of 1,200 lbs. TRAILER ELECTRICAL RECEPTACLE For hydraulic brake equipped or electric brake equipped trailer towing capability, a primary electrical receptacle shall be provided near the hitch point and shall match the umbilical cable specified. Receptacle shall be a 7-Way Blade Type socket, the same as used on most Light Duty Trucks and RV’s. TRAILER AUXILIARY ELECTRICAL RECEPTACLE An auxiliary electrical receptacle shall be provided near the hitch point and shall match the umbilical cable specified for optical warning lights. Receptacle shall be a 7-Way Pin Type Socket, ISO3731 compliant with a reverse ground terminal. RECEIVER WITH TRAILER BALL No hitch receiver with trailer ball will be provided with completed unit. GROUND LIGHTS • There shall be two (2) Tecniq 4" T44 white LED ground light(s) shall be provided below the body. Light(s) shall be switchable but activated automatically when the park brake is set. 521 SVI Trucks 10/10/24 Page 74 of 134 WHEEL WELL EXTERIOR PANEL The exterior panel of the body wheel well enclosure shall be constructed from 3/16" smooth aluminum panels. RUBBER BODY FENDERETTES The body wheel well openings shall be provided with round radius, rubber fenderettes. The fenderettes shall be bolted and easily replaceable if damaged. The fenderettes shall be installed using stainless steel fasteners with plastic isolators to help prevent corrosion. WHEEL WELL LINERS The wheel wells shall be provided with an easily removable polymer, circular inner fender liner. The inner liner shall be bolted to the wheel well with stainless steel bolts and spaced away from the wheel well so the liner will not accumulate dirt or water. SCBA CYLINDER COMPARTMENTS There shall be three (3) SCBA cylinder storage compartments located, two (2) on the curbside, and one (1) on the streetside of rear wheel well area. Each compartment shall be capable of storing two (2) SCBA (60 min.) cylinders. Each compartment shall have a vertically hinged aluminum door with 14ga stainless steel hinge, a positive catch latch and painted primary lower body color. Each compartment shall allow the storage of an SCBA cylinder or a fire extinguisher up to 7-3/4" in diameter x 24" deep. The door shall activate the "Hazard Warning Light" in the cab when not in the closed position. BODY PAINT SPECIFICATIONS BODY PAINT PREPARATION After the body and components have been fabricated they shall be disassembled so when vehicle is complete there shall be finish paint beneath the removable components. The body shall be removed from chassis during the paint process to insure proper paint coverage. The body and components shall be metal finished as follows to provide a superior substrate for painting. The exterior (and interior, if painted) body shall undergo a thorough cleaning process starting with a biodegradable phosphoric acid solution to begin the etching process followed by a complete clear water rinse. The next step shall consist of a chemical conversion coating applied to seal the metal substrate and become part of the metal surface for greater film adhesion. All bright metal fittings, if unavailable in stainless steel or polished aluminum, shall be chrome plated. Iron fittings shall be copper under plated prior to chrome plating. PAINT PROCESS The paint process shall follow the strict standards set forth by PPG Industries guidelines. Painters applying PPG products will be PPG Certified Commercial Technicians, and re-certified every two (2) years. The body shall go through the following paint process; 1) Clean bare metal with a wax and grease remover using low lint rags. 522 SVI Trucks 10/10/24 Page 75 of 134 2) Inspect, straighten, and hammer high points, grind all seams, sharp edges, and welds. DA sand entire paintable surfaces using 24-180 grit dry paper. Plastic fill all low spots and DA sand fill areas using 36-180 grit dry paper. Apply pinhole filler and DA sand areas using 80-180 grit dry paper. 3) Re-clean bare metal using a wax and grease remover and low lint rags. 4) Within 24 hours, a PPG Delfleet® epoxy color primer with proper hardener for corrosion resistance using a pressure pot spray gun and applying 2-5 full wet coats or 1.5-8.0 dry mils max. achieving full hiding and allow to air dry 60 minutes @ 70°F or bake for 45 minutes @ 140°F degree. 5) Inspect, putty fill, and dry guild coat entire body surface and DA sand using 180-400 grit dry paper. 6) Re-clean bare metal using a wax and grease remover using low lint rags. 7) A PPG Delfleet® primer sealer with proper hardener and thinner shall be sprayed using a pressure pot spray gun and applying 1 full wet coat or 1.0-2.0 dry mils achieving full hiding and allow to flash off in spray booth for minimum of 60 minutes @ 70°F. 8) A PPG Delfleet® FBCH basecoat (color) with proper hardener and dry additive shall then be sprayed using a pressure pot set @ 45-60 PSI and achieving full hiding or 1.5-2.0 wet mils and allow to flash off in spray booth 45-60 minutes before applying clearcoat. 9) A PPG Delfleet® clearcoat with proper hardener and thinner shall be sprayed using a pressure pot spray gun and applying 2-3 full wet coats or 5.0 wet mils for a uniform gloss and allow to flash off in spray booth 10 minutes and bake for 120-140 minutes @ 125°F (surface temp.). 10) After cooling, DA sand heavy orange peel or runs using 1000 grit dry sand paper and final DA sand using 1500-2000 grit dry sand paper. Wipe off all surfaces to remove dust and debris. Buff unit as needed using 3M rubbing compound and a white wool pad and inspect until all sand scratches are removed. 11) Polish as needed using 3M Perfect-It-Polish and a black foam pad, repeat as necessary and inspect until all sand scratches are removed. PAINT - ENVIRONMENTAL IMPACT The contractor shall meet or exceed their current State regulations concerning paint operations pollution control and shall include measures to protect the atmosphere, water and soil. PPG Delfleet® Evolution paint shall be free of all heavy metal (lead & chromate) components. Paint emissions from sanding and painting shall be filtered and collected. All paint wastes shall be disposed of in an environmentally safe manner. Solvents used in cleanup operations shall be collected, sent off- site for distillation and returned for reuse. FASTENERS Prior to the assembly and reinstallation of exterior components; i.e. warning and DOT lights, handrails, steps, door hardware, and miscellaneous items, a Mylar isolation tape, or gasket shall be used to prevent damage to the finish painted surface. These components shall be fastened to body using either a plastic insert into body metal with stainless steel screws or zinc coated nut-surts into body surface using stainless steel bolts to resist corrosion from dissimilar metals. ELECTROLYSIS CORROSION CONTROL The vehicle shall be assembled using ECK brand or similar corrosion control compound on all high corrosion potential areas. ECK protects aluminum and stainless steel against electrolytic reaction, isolates dissimilar metals and gives bedding protection for hardware and fasteners. ECK contains anti-seizing lubricant for threads. ECK is dielectric and perfect for use with electrical connectors. 523 SVI Trucks 10/10/24 Page 76 of 134 PAINT FINISH - TWO COLOR The body shall be painted with a two-tone color of PPG Delfleet® Evolution paint per approved customer spray-out. The two-tone paint break line will be at upper body drip rail location unless an alternate location is approved at the pre- construction meeting. The Paint brake on the body will be 7" from the top of the body, above the warning/ scene lights, and right above the rear entry door. • Paint Color: Match cab/chassis supplied paint color. BODY UNDERCOATING The entire underside of body shall be sprayed with black automotive undercoating. Undercoating shall cover all areas underside of body and wheel well area to help resist corrosion under the vehicle. COMPARTMENT INTERIOR FINISH The interior of all exterior body compartments shall be a "Maintenance Free" smooth unpainted finish. All body seams shall be finished with a caulk sealant for both appearance and moisture protection. REFLECTIVE STRIPE REQUIREMENTS Material All retroreflective materials shall conform to the requirements of ASTM D4956, Standard Specification for Retroreflective Sheeting for Traffic Control, Section 6.1.1 for Type I Sheeting. All retroreflective materials used that are colors not listed in ASTM D4956, Section 6.1.1, shall have a minimum coefficient of retro-reflection of 10 with observation angle of 0.2 degrees and entrance angle of -4 degrees. Any printed or processed retroreflective film construction used shall conform to the standards required of an integral colored film as specified in ASTM D4956, Section 6.1.1. Minimum Requirements A retroreflective stripe(s) shall be affixed to at least 50 percent of the cab and body length on each side, excluding the pump panel areas, and at least 25 percent of the width of the front of the vehicle, not including mirrors or other protrusions. The stripe or combination of stripes shall be a minimum of 4 in. (100 mm) in total width. The 4 in. (100 mm) wide stripe or combination of stripes shall be permitted to be interrupted by objects (i.e., receptacles, cracks between slats in roll up doors) provided the full stripe is seen as conspicuous when approaching the apparatus. A graphic design shall be permitted to replace all or part of the required striping material if the design or combination thereof covers at least the same perimeter length(s). 524 SVI Trucks 10/10/24 Page 77 of 134 GRAPHICS PROOF Reference Signed Approval) A color graphics proof of the reflective striping layout shall be provided for approval by Colony Fire Department prior to installation. The graphics proof shall be submitted to Colony Fire Department on 8.5" x 11" sheets with front, sides, rear and plan views, each on one (1) sheet. In addition if there is any special art work an additional sheet shall be provided showing all details. Note: The graphics color proof may not reflect the correct paint break lines on the chassis and body please refer to the paint section of your specifications for correct paint break lines. CHEVRON REFLECTIVE STRIPE - REAR SIDES PANELS At least 50 percent of the rear-facing vertical surfaces, visible from the rear of the apparatus, excluding any pump panel areas not covered by a door, shall be equipped with retroreflective striping in a chevron pattern sloping downward and away from the centerline of the vehicle at an angle of 45 degrees. Each stripe shall be 6" width. The rear side panels of the body on each side of a rear stairway or compartment shall have a chevron style reflective stripe, extending from bumper to full body height. Each chevron panel shall be a full sheet and shall have a 3M UV over laminate to protect from UV rays, scene damage, and everyday use. The stripe material shall be 3M Diamond Grade. This reflective chevron stripe shall alternate red and fluorescent yellow-green in color. SVI Manufacturer Badge 525 SVI Trucks 10/10/24 Page 78 of 134 EXTERIOR COMPARTMENT DOORS ROLL-UP DOOR CONSTRUCTION - ROBINSON (ROM) The vehicle shall be equipped with R•O•M Series IV roll-up exterior compartment doors. The R•O•M roll-up doors shall be complete with the following features; Each shutter slat, track, bottom rail, and drip rail shall be constructed from anodized 6063 T6 aluminum. Shutter slats shall feature a double wall extrusion 0.315” thick with a concave interior surface to minimize loose equipment jamming the shutter door closed. Shutter slats shall feature an interlocking end shoe to prevent side to side binding of the shutter door during operation. Slats must have interlocking joints with an inverted locking flange. Slat inner seal shall be a one piece PVC extrusion; seal design will be such to prevent metal to metal contact while minimizing dirt and water from entering the compartment. Shutter door track shall be one piece design with integral overlapping flange to provide a clean finished look without the need of caulk. Door track shall feature an extruded Santoprene rubber double lip low profile side seal with a silicone co- extruded back to reduce friction during shutter operation. Shutter bottom rail shall be a one piece double wall extrusion with integrated finger pull. Finger pull shall be curved upward with a linear striated surface to improve operator grip while operating the shutter door. Bottom rail shall have a smooth contoured interior surface to prevent loose equipment from jamming the shutter door. Bottom rail seal shall be made from Santoprene; it will be a double “V” seal to resist water and debris from entering compartment. Bottom rail lift bar shall be a one piece “D” shaped aluminum extrusion with linear striations to improve operator grip during operation. Lift bar shall have a wall thickness of 0.125”. Lift bar shall be supported by no less than two pivot blocks; pivot blocks shall be constructed from Type 66 Glass filled reinforced nylon for superior strength. Bottom rail end blocks shall have incorporated drain holes which will allow any moisture that collects inside the extrusion to drain out. Shutter door shall have an enclosed counter balance system. Counter balance system shall be 4” in diameter and held in place by two (2) heavy duty 18 gauge zinc plated plates. Counter balance system shall have two (2) over-molded rubber guide wheels to provide a smooth transition from vertical track to counter balance system; no foam material of any kind shall be permitted or used in this area. The R•O•M Series IV roll-up compartment doors shall be free of manufacturing defects for a period of up to 7 years from date of purchase provided doors are used under conditions of normal use, regular periodic maintenance and service is performed, and doors were installed in accordance with R•O•M’s instructions. ROM DOOR BOTTOM RAIL All exterior compartment doors shall have the standard 3.0" tall bottom rail extrusion for easy one (1) hand opening and closing. The specified retroreflective stripe material shall be applied on the roll-up compartment doors. The stripe shall be precision machine cut for each door slat of the roll-up doors. Under no circumstance will the stripe material be cut on roll- up door surface. BODY HEIGHT MEASUREMENTS The vertical body dimensions shall be as follows: AHEAD OF REAR AXLE Description Dimension A Bottom of Subframe to Top of Body 88.7" B Bottom of Subframe to Bottom of Body 22.5" C Total Body Height 111.2" 526 SVI Trucks 10/10/24 Page 79 of 134 D Compartment Height Above Frame 48.0" E Compartment Height Below Frame 25.0" F Vertical Door Opening - (Full Height Compartment): -with roll-up door 65.0" -with hinged door 68.5" G Vertical Door Opening (Below Frame Compartment): -with hinged door 19.0" ABOVE REAR AXLE Description Dimension H Vertical Door Opening - Above Rear Wheel -with roll-up door 34.0" -with hinged door 37.5" BEHIND REAR AXLE Description Dimension I Bottom of Subframe to Bottom of Body 20.0" J Compartment Height Above Frame 48.0" K Compartment Height Below Frame 22.5" L Vertical Door Opening - (Full Height Compartment): -with roll-up door 62.0" -with hinged door 65.5" M Vertical Door Opening - (Below Frame Compartment): N -with hinged door 16.5" GENERAL Description Dimension O Bottom of Drip Rail to Top of Body 38.5" P Walk-in Interior Height 78.0" (min.) (Dimensions are approximate and subject to change during construction or design process.) BODY WIDTH DIMENSIONS The walk thru body shall be 100.0" wide, and 102.0" wide at drip rails. Interior compartment depth dimensions shall be approximately: Area Description Dimension Transverse above subframe: 95.0" (If specified.) Compartment depth above subframe: 28.0" (To walkway wall.) Compartment depth below subframe: 24.5" Walkway width: 40" 527 SVI Trucks 10/10/24 Page 80 of 134 STREETSIDE COMPARTMENT - FRONT (S1) The interior useable compartment width shall be approximately 64.5" wide. • This compartment shall have a R•O•M series IV roll-up door. • The compartment door opening shall be approximately 57.5" wide. • The roll-up door slats and the door track components shall be painted to match the single tone exterior color. • The door shall be equipped with a CPI harsh environment mechanical type door ajar switch located inside compartment interior door track to activate compartment lighting and door ajar signal in cab when door is opened. • There shall be NO keyed lock on this roll-up compartment door. • One (1) 1" wide elastic nylon strap shall be provided to assist in closing the compartment door. The strap shall be fastened to the lower left inside door sill with a nickel plated Footman loop secured to back of door. The strap shall extend from door to a nickel plated Footman loop secured to wall or vertical slot of Shelf-Trac on left side of the door opening. • One (1) aluminum drip pan/door guard shall be provided below door roll area. Drip pan/door guard shall have thumb nuts making it easily removable without tools with a maintenance-free, un-painted finish. A plastic drain line shall be provided on each end of the drip pan to lower door threshold. • Compartment threshold protection shall be provided on the bottom edge of the compartment door sill. The threshold protection shall be an extruded aluminum shape with an un-painted anodized finish. COMPARTMENT LAYOUT • The floor of the compartment above the frame rails shall be extended to the interior edge of the door. The floor shall have a 2" vertical lip and a 1" return to increase strength. • There shall be vertically mounted aluminum Shelf-Trac welded to compartment walls for specified component installation. Shelf-Trac extrusion shall have side extruded channels for use in mounting or securing special ancillary items, without need for drilling into body. • There shall be two (2) adjustable shelf/shelves that will be transverse across the body. Each shelf shall be fabricated from 3/16" 3003 aluminum sheet with a 2" vertical flange along the front and rear edges. − Any equipment mounting on adjustable shelf shall be provided by Colony Fire Department after delivery. − The above component(s) shall have a smooth un-painted finish. • There shall be one (1) OnScene Solutions 84 series slide-out, drop-down style aluminum tray base with 90% extension, and rating of 150 lbs. Slide-out tray(s) base shall be approximately 28" deep and as wide as the compartment layout or door opening permits. It shall be located above the level of the chassis frame rails and shall be vertically adjustable in height. Each slide shall have a cable operated, spring loaded latch complimented by a large hand opening and red pull handle (Pull to Release) which will hold the tray in the closed position. • Each tray shall be fabricated from 3/16" 3003 aluminum sheet and shall have welded corners to form a box type tray with an internal depth of approximately 3 ½”. 528 SVI Trucks 10/10/24 Page 81 of 134 − The above component(s) shall have a smooth un-painted finish. − Any equipment mounting on slide tray shall be provided by Colony Fire Department after delivery. − Reflective Scotchlite 2" wide stripe shall be provided on the front and side faces of the tray. • This reflective stripe shall be red/white in color. • There shall be two (2) bolt-in vertical compartment partition(s) provided dividing a transverse compartment into streetside and curbside. The vertical partition(s) shall be 3/16" (.188) 3003H-14 alloy smooth aluminum sheet. − The above component(s) shall have a smooth un-painted finish. • There shall be one (1) Zico 1000 series KD-UH walkaway type SCBA air pack bracket(s) with high cycle coated spring clips and short foot plate. Will be locatedon rearward wall as shoen in 2D. • Two (2) OnScene Access white LED, full height compartment lights, vertically mounted. • Location for specified auziliary deep cycle batteries. The batteries shall be mounted in a stainless steel pan with hold down provisions for mobile application. • The pump operator's panel shall be located in this compartment. • The specified water tank shall be located in center of transverse compartment. The water fill tower shall extend through ceiling of compartment to upper walkway or roof area. • Two (2) specified crosslay(s) or speedlay(s) shall be located transverse to opposite side located above chassis frame rails. • One (1) Tecniq 4" T44 white LED ground light(s) shall be provided below the body. Light(s) shall be switchable but activated automatically when the park brake is set. 529 SVI Trucks 10/10/24 Page 82 of 134 STREETSIDE COMPARTMENT - AHEAD OF REAR WHEELS (S2) The interior useable compartment width shall be approximately 64.5" wide. • This compartment shall have a R•O•M series IV roll-up door. • The compartment door opening shall be approximately 57.5" wide. • The roll-up door slats and the door track components shall be painted to match the single tone exterior color. • The door shall be equipped with a CPI harsh environment mechanical type door ajar switch located inside compartment interior door track to activate compartment lighting and door ajar signal in cab when door is opened. • There shall be NO keyed lock on this roll-up compartment door. • One (1) 1" wide elastic nylon strap shall be provided to assist in closing the compartment door. The strap shall be fastened to the lower left inside door sill with a nickel plated Footman loop secured to back of door. The strap shall extend from door to a nickel plated Footman loop secured to wall or vertical slot of Shelf-Trac on left side of the door opening. • One (1) aluminum drip pan/door guard shall be provided below door roll area. Drip pan/door guard shall have thumb nuts making it easily removable without tools with a maintenance-free, un-painted finish. A plastic drain line shall be provided on each end of the drip pan to lower door threshold. • Compartment threshold protection shall be provided on the bottom edge of the compartment door sill. The threshold protection shall be an extruded aluminum shape with an un-painted anodized finish. • Two (2) 3-1/2" x 3-1/2" black plastic louvered vents shall be provided in the lower compartment. COMPARTMENT LAYOUT • There shall be vertically mounted aluminum Shelf-Trac welded to compartment walls for specified component installation. Shelf-Trac extrusion shall have side extruded channels for use in mounting or securing special ancillary items, without need for drilling into body. • There shall be one (1) OnScene Solutions 84 series slide-out, drop-down style aluminum tray base with 90% extension, and rating of 150 lbs. Slide-out tray(s) base shall be approximately 28" deep and as wide as the compartment layout or door opening permits. It shall be located above the level of the chassis frame rails and shall be vertically adjustable in height. Each slide shall have a cable operated, spring loaded latch complimented by a large hand opening and red pull handle (Pull to Release) which will hold the tray in the closed position. • Each tray shall be fabricated from 3/16" 3003 aluminum sheet and shall have welded corners to form a box type tray with an internal depth of approximately 3 ½”. − The above component(s) shall have a smooth un-painted finish. − Any equipment mounting on slide tray shall be provided by Colony Fire Department after delivery. • The compartment floor shall be provided with angle or sloped panel towards back wall of compartment to assist in holding equipment within compartment. 530 SVI Trucks 10/10/24 Page 83 of 134 There will/shall be a module built for cribbing as shown in 2D drawing, built with the sloped floor to be only in this module. There will be a cargo netting front. Customer will need to sign off and approve 3D drawing. − A Revolv-A-Tool, rescue tool storage bracket(s) shall be provided on slide-out tray base. The rotating rescue tool storage bracket shall be constructed of aluminum, stainless steel, with bronze roller bearings to support the vertical column and base of the assembly. The vertical column shall have four (4) sides to provide mounting surfaces for up to four (4) rescue tools. The rotating base shall have four (4) latching locations to lock each tool in an easy to access position at front or sides of tray and allow for the tools to be rotated 360 degrees in either direction when the tray is deployed. The Revol-A-Tool shall be designed to store the following Colony Fire Department rescue tools; − 1) − 2) − 3) − 4) • Two (2) OnScene Access white LED, full height compartment lights, vertically mounted. • Mount(s) shall be provided and installed for one (1) Colony Fire Department supplied ram(s). • Mounts will be supplied and installed for one (1) Colony Fire Department supplied cutter(s). • Mounts will be supplied and installed for one (1) Colony Fire Department supplied spreader(s). • Mounts will be supplied and installed for one (1) Colony Fire Department supplied combination tool(s). • One (1) Tecniq 4" T44 white LED ground light(s) shall be provided below the body. Light(s) shall be switchable but activated automatically when the park brake is set. 531 SVI Trucks 10/10/24 Page 84 of 134 STREETSIDE COMPARTMENT - ABOVE REAR WHEELS (S3) The interior useable compartment width shall be approximately 59.5" wide. • This compartment shall have a R•O•M series IV roll-up door. • The compartment door opening shall be approximately 52.5" wide. • The roll-up door slats and the door track components shall be painted to match the single tone exterior color. • The door shall be equipped with a CPI harsh environment mechanical type door ajar switch located inside compartment interior door track to activate compartment lighting and door ajar signal in cab when door is opened. • There shall be NO keyed lock on this roll-up compartment door. • One (1) 1" wide elastic nylon strap shall be provided to assist in closing the compartment door. The strap shall be fastened to the lower left inside door sill with a nickel plated Footman loop secured to back of door. The strap shall extend from door to a nickel plated Footman loop secured to wall or vertical slot of Shelf-Trac on left side of the door opening. • One (1) aluminum drip pan/door guard shall be provided below door roll area. Drip pan/door guard shall have thumb nuts making it easily removable without tools with a maintenance-free, un-painted finish. A plastic drain line shall be provided on each end of the drip pan to lower door threshold. • Compartment threshold protection shall be provided on the bottom edge of the compartment door sill. The threshold protection shall be an extruded aluminum shape with an un-painted anodized finish. • Two (2) 3-1/2" x 3-1/2" black plastic louvered vents shall be provided in the lower compartment. COMPARTMENT LAYOUT • There shall be vertically mounted aluminum Shelf-Trac welded to compartment walls for specified component installation. Shelf-Trac extrusion shall have side extruded channels for use in mounting or securing special ancillary items, without need for drilling into body. • There shall be one (1) OnScene Solutions 84 series slide-out, drop-down style aluminum tray base with 90% extension, and rating of 150 lbs. Slide-out tray(s) base shall be approximately 28" deep and as wide as the compartment layout or door opening permits located above the level of the chassis frame rails. Each slide shall have a cable operated, spring loaded latch complimented by a large hand opening and red pull handle (Pull to Release) which will hold the tray in the closed position. • Each tray shall be fabricated from 3/16" 3003 aluminum sheet and shall have welded corners to form a box type tray with an internal depth of approximately 3 ½”. − The above component(s) shall have a smooth un-painted finish. − Reflective Scotchlite 2" wide stripe shall be provided on the front and side faces of the tray. • This reflective stripe shall be red/white in color. 532 SVI Trucks 10/10/24 Page 85 of 134 • There shall be one (1) OnScene Solutions 84 series slide-out, drop-down style aluminum tray base with 90% extension, and rating of 150 lbs. Slide-out tray(s) base shall be approximately 28" deep and as wide as the compartment layout or door opening permits. It shall be located above the level of the chassis frame rails and shall be vertically adjustable in height. Each slide shall have a cable operated, spring loaded latch complimented by a large hand opening and red pull handle (Pull to Release) which will hold the tray in the closed position. • Each tray shall be fabricated from 3/16" 3003 aluminum sheet and shall have welded corners to form a box type tray with an internal depth of approximately 3 ½”. − The above component(s) shall have a smooth un-painted finish. − Any equipment mounting on slide tray shall be provided by Colony Fire Department after delivery. − Reflective Scotchlite 2" wide stripe shall be provided on the front and side faces of the tray. • This reflective stripe shall be red/white in color. • Two (2) OnScene Access white LED, full height compartment lights, vertically mounted. 533 SVI Trucks 10/10/24 Page 86 of 134 STREETSIDE COMPARTMENT - REAR (S4) The interior useable compartment space shall be approximately 70.5" wide. • This compartment shall have a R•O•M series IV roll-up door. • The compartment door opening shall be approximately 63.5" wide. • The roll-up door slats and the door track components shall be painted to match the single tone exterior color. • The door shall be equipped with a CPI harsh environment mechanical type door ajar switch located inside compartment interior door track to activate compartment lighting and door ajar signal in cab when door is opened. • There shall be NO keyed lock on this roll-up compartment door. • One (1) 1" wide elastic nylon strap shall be provided to assist in closing the compartment door. The strap shall be fastened to the lower left inside door sill with a nickel plated Footman loop secured to back of door. The strap shall extend from door to a nickel plated Footman loop secured to wall or vertical slot of Shelf-Trac on left side of the door opening. • One (1) aluminum drip pan/door guard shall be provided below door roll area. Drip pan/door guard shall have thumb nuts making it easily removable without tools with a maintenance-free, un-painted finish. A plastic drain line shall be provided on each end of the drip pan to lower door threshold. • Compartment threshold protection shall be provided on the bottom edge of the compartment door sill. The threshold protection shall be an extruded aluminum shape with an un-painted anodized finish. • Two (2) 3-1/2" x 3-1/2" black plastic louvered vents shall be provided in the lower compartment. COMPARTMENT LAYOUT • There shall be vertically mounted aluminum Shelf-Trac welded to compartment walls for specified component installation. Shelf-Trac extrusion shall have side extruded channels for use in mounting or securing special ancillary items, without need for drilling into body. • There shall be four (4) adjustable shelf/shelves approximately 28" deep. Each shelf shall be fabricated from 3/16" 3003 aluminum sheet with a 2" vertical flange along the front and rear edge. − Any equipment mounting on adjustable shelf shall be provided by Colony Fire Department after delivery. − The above component(s) shall have a smooth un-painted finish. • The rearward wall of compartment shall be provided with a bolted 3/16" smooth aluminum panel spaced approximately 1" from compartment wall with spacers at mounting points. − Vertical partition(s) shall be provided on slide-out tray base dividing the tray into left and right sides. Each vertical partition shall be horizontally adjustable; mounted on aluminum Shelf Trac on tray floor. The vertical partition(s) shall be 3/16" (.188) 3003H-14 alloy smooth aluminum sheet. • There shall be two (2) Denver Hose Pack Bracket(s) installed in the specified compartment. 534 SVI Trucks 10/10/24 Page 87 of 134 The Denver House Pack Bracket shall be installed on shelf-trac to be horizontally adjustable. The bracket shall be installed in the back wall of the compartment. • Two (2) OnScene Access white LED, full height compartment lights, vertically mounted. • One (1) Tecniq 4" T44 white LED ground light(s) shall be provided below the body. Light(s) shall be switchable but activated automatically when the park brake is set. 535 SVI Trucks 10/10/24 Page 88 of 134 CURBSIDE COMPARTMENT - FRONT (C1) The interior useable compartment width shall be approximately 64.5" wide. • This compartment shall have a R•O•M series IV roll-up door. • The compartment door opening shall be approximately 57.5" wide. • The roll-up door slats and the door track components shall be painted to match the single tone exterior color. • The door shall be equipped with a CPI harsh environment mechanical type door ajar switch located inside compartment interior door track to activate compartment lighting and door ajar signal in cab when door is opened. • There shall be NO keyed lock on this roll-up compartment door. • One (1) 1" wide elastic nylon strap shall be provided to assist in closing the compartment door. The strap shall be fastened to the lower left inside door sill with a nickel plated Footman loop secured to back of door. The strap shall extend from door to a nickel plated Footman loop secured to wall or vertical slot of Shelf-Trac on left side of the door opening. • One (1) aluminum drip pan/door guard shall be provided below door roll area. Drip pan/door guard shall have thumb nuts making it easily removable without tools with a maintenance-free, un-painted finish. A plastic drain line shall be provided on each end of the drip pan to lower door threshold. • Compartment threshold protection shall be provided on the bottom edge of the compartment door sill. The threshold protection shall be an extruded aluminum shape with an un-painted anodized finish. • Two (2) 3-1/2" x 3-1/2" black plastic louvered vents shall be provided in the lower compartment. COMPARTMENT LAYOUT • The floor of the compartment above the frame rails, only under the speedlays shall be extended to the interior edge of the door. The floor shall have a 2" vertical lip and a 1" return to increase strength. Their will be no extended floor to the left of the vertical divider. • There shall be vertically mounted aluminum Shelf-Trac welded to compartment walls for specified component installation. Shelf-Trac extrusion shall have side extruded channels for use in mounting or securing special ancillary items, without need for drilling into body. • There shall be one (1) vertical compartment partition(s) provided dividing the compartment into fore and aft sides. The vertical partition(s) shall be 3/16" (.188) 3003H-14 alloy smooth aluminum sheet. Partition shall be approximately Fill In from forward wall of compartment. − Partition shall be bolted in position at base and top of partition. − The above component(s) shall have a smooth un-painted finish. • A clay absorbent (or similar weight material) storage hopper shall be provided in this compartment for holding approximately 50-75 pounds of absorbent material. The slide-out storage hopper shall be filled from an upper fill door when in the out position. A manual sliding knife style valve shall be provided on bottom of hopper storage. Location to match 2D drawing. 536 SVI Trucks 10/10/24 Page 89 of 134 • Two (2) OnScene Access white LED, full height compartment lights, vertically mounted. • The cab chassis supplied cab tilt control pendant shall be re-located to lower forward wall. A label shall be supplied and installed next to the cab tilt control pendant holder that reads: "REMOVE WATERCANS BEFORE TILTING CAB" • The specified water tank shall be located in center of transverse compartment. The water fill tower shall extend through ceiling of compartment to upper walkway or roof area. • Two (2) specified crosslay(s) or speedlay(s) shall be located transverse to opposite side located above chassis frame rails. • One (1) Tecniq 4" T44 white LED ground light(s) shall be provided below the body. Light(s) shall be switchable but activated automatically when the park brake is set. 537 SVI Trucks 10/10/24 Page 90 of 134 CURBSIDE COMPARTMENT - AHEAD OF REAR WHEEL (C2) The interior useable compartment width shall be approximately 64.5" wide. • This compartment shall have a R•O•M series IV roll-up door. • The compartment door opening shall be approximately 57.5" wide. • The roll-up door slats and the door track components shall be painted to match the single tone exterior color. • The door shall be equipped with a CPI harsh environment mechanical type door ajar switch located inside compartment interior door track to activate compartment lighting and door ajar signal in cab when door is opened. • There shall be NO keyed lock on this roll-up compartment door. • One (1) 1" wide elastic nylon strap shall be provided to assist in closing the compartment door. The strap shall be fastened to the lower left inside door sill with a nickel plated Footman loop secured to back of door. The strap shall extend from door to a nickel plated Footman loop secured to wall or vertical slot of Shelf-Trac on left side of the door opening. • One (1) aluminum drip pan/door guard shall be provided below door roll area. Drip pan/door guard shall have thumb nuts making it easily removable without tools with a maintenance-free, un-painted finish. A plastic drain line shall be provided on each end of the drip pan to lower door threshold. • Compartment threshold protection shall be provided on the bottom edge of the compartment door sill. The threshold protection shall be an extruded aluminum shape with an un-painted anodized finish. • Two (2) 3-1/2" x 3-1/2" black plastic louvered vents shall be provided in the lower compartment. COMPARTMENT LAYOUT • The floor of the compartment above the frame rails shall cover the area directly above the frame rails ONLY (non- extended floor). • There shall be vertically mounted aluminum Shelf-Trac welded to compartment walls for specified component installation. Shelf-Trac extrusion shall have side extruded channels for use in mounting or securing special ancillary items, without need for drilling into body. • One (1) full compartment width, and compartment height heavy duty swing-out tool board shall be provided and located approximately 12" or half depth of compartment below frame level. Pivot point and handle with slam latching mechanism shall be on forward side of vehicle and reinforced with sheet metal gussets and 2" x 2" x 1/4" aluminum tubing for extreme weight and extended life. The tool board assembly shall utilize a pneumatic cylinder mounted on underside to hold the tray in both the extended and closed positions. − The vertical tool board material shall be 3/16" (.188) 3003H-14 aluminum alloy sheet. − The above component(s) shall have a smooth un-painted finish. List of Paratech Provided on Perfect Truck Form. 538 SVI Trucks 10/10/24 Page 91 of 134 • The above toolboard(s) shall have mounting for the following struts and/or accessories. • Rear side. − Partition shall be bolted in position at base and top of partition. • Two (2) OnScene Access white LED, full height compartment lights, vertically mounted. • One (1) Tecniq 4" T44 white LED ground light(s) shall be provided below the body. Light(s) shall be switchable but activated automatically when the park brake is set. 539 SVI Trucks 10/10/24 Page 92 of 134 CURBSIDE COMPARTMENT - ABOVE REAR WHEEL (C3) The interior useable compartment width shall be approximately 59.5" wide. • This compartment shall have a R•O•M series IV roll-up door. • The compartment door opening shall be approximately 52.5" wide. • The roll-up door slats and the door track components shall be painted to match the single tone exterior color. • The door shall be equipped with a CPI harsh environment mechanical type door ajar switch located inside compartment interior door track to activate compartment lighting and door ajar signal in cab when door is opened. • There shall be NO keyed lock on this roll-up compartment door. • One (1) 1" wide elastic nylon strap shall be provided to assist in closing the compartment door. The strap shall be fastened to the lower left inside door sill with a nickel plated Footman loop secured to back of door. The strap shall extend from door to a nickel plated Footman loop secured to wall or vertical slot of Shelf-Trac on left side of the door opening. • One (1) aluminum drip pan/door guard shall be provided below door roll area. Drip pan/door guard shall have thumb nuts making it easily removable without tools with a maintenance-free, un-painted finish. A plastic drain line shall be provided on each end of the drip pan to lower door threshold. • Compartment threshold protection shall be provided on the bottom edge of the compartment door sill. The threshold protection shall be an extruded aluminum shape with an un-painted anodized finish. • Two (2) 3-1/2" x 3-1/2" black plastic louvered vents shall be provided in the lower compartment. COMPARTMENT LAYOUT • There shall be vertically mounted aluminum Shelf-Trac welded to compartment walls for specified component installation. Shelf-Trac extrusion shall have side extruded channels for use in mounting or securing special ancillary items, without need for drilling into body. − Vertical partition(s) shall be provided on slide-out tray base dividing the tray into left and right sides. Each vertical partition shall be horizontally adjustable; mounted on aluminum Shelf Trac on tray floor. The vertical partition(s) shall be 3/16" (.188) 3003H-14 alloy smooth aluminum sheet. • There shall be one (1) storage module(s) for air bags. The module shall be fabricated from 1/8” (.125) 3003H-14 aluminum alloy sheet. Circular notches shall be provided along the front edge to ease the access to the air bags. Each bay shall be sized to hold the air bag and a matching piece of 1/2" plywood (plywood not provided). Module shall be designed to store the following air bags; − Listed on Perfect Truck Form − There shall be four (4) OnScene Solutions cargo straps provided to secure the stored equipment. • Two (2) OnScene Access white LED, full height compartment lights, vertically mounted. 540 SVI Trucks 10/10/24 Page 93 of 134 CURBSIDE COMPARTMENT - REAR (C4) The interior useable compartment space shall be approximately 70.5" wide. • This compartment shall have a R•O•M series IV roll-up door. • The compartment door opening shall be approximately 63.5" wide. • The roll-up door slats and the door track components shall be painted to match the single tone exterior color. • The door shall be equipped with a CPI harsh environment mechanical type door ajar switch located inside compartment interior door track to activate compartment lighting and door ajar signal in cab when door is opened. • There shall be NO keyed lock on this roll-up compartment door. • One (1) 1" wide elastic nylon strap shall be provided to assist in closing the compartment door. The strap shall be fastened to the lower left inside door sill with a nickel plated Footman loop secured to back of door. The strap shall extend from door to a nickel plated Footman loop secured to wall or vertical slot of Shelf-Trac on left side of the door opening. • One (1) aluminum drip pan/door guard shall be provided below door roll area. Drip pan/door guard shall have thumb nuts making it easily removable without tools with a maintenance-free, un-painted finish. A plastic drain line shall be provided on each end of the drip pan to lower door threshold. • Compartment threshold protection shall be provided on the bottom edge of the compartment door sill. The threshold protection shall be an extruded aluminum shape with an un-painted anodized finish. • Two (2) 3-1/2" x 3-1/2" black plastic louvered vents shall be provided in the lower compartment. COMPARTMENT LAYOUT • The floor of the compartment above the frame rails shall be extended to the interior edge of the door. The floor shall have a 2" vertical lip and a 1" return to increase strength. • There shall be vertically mounted aluminum Shelf-Trac welded to compartment walls for specified component installation. Shelf-Trac extrusion shall have side extruded channels for use in mounting or securing special ancillary items, without need for drilling into body. • There shall be one (1) adjustable shelf/shelves approximately 28" deep. Each shelf shall be fabricated from 3/16" 3003 aluminum sheet with a 2" vertical flange along the front and rear edge. − Any equipment mounting on adjustable shelf shall be provided by Colony Fire Department after delivery. − The above component(s) shall have a smooth un-painted finish. • There shall be one (1) 400 lbs. slide-out tray(s) approximately 28" deep and as wide as the compartment layout or door opening permits. The tray shall be fabricated from 3/16" 3003 aluminum sheet with a 3" vertical lip and welded corners to form a box type tray. The sliding tracks shall extend 100% of the slide length. The tray assembly shall utilize a pneumatic cylinder mounted on underside to hold the tray in both the extended and closed positions. − Equipment mounting on slide tray shall be: 541 SVI Trucks 10/10/24 Page 94 of 134 Customer supplied and installed: two (2) STIHL 462 Chainsaws and two (2) STIHL 700 Rotary Saws. − The above component(s) shall have a smooth un-painted finish. − Vertical partition(s) shall be provided on slide-out tray base dividing the tray into left and right sides. Each vertical partition shall be horizontally adjustable; mounted on aluminum Shelf Trac on tray floor. The vertical partition(s) shall be 3/16" (.188) 3003H-14 alloy smooth aluminum sheet. • Two (2) OnScene Access white LED, full height compartment lights, vertically mounted. • One (1) Tecniq 4" T44 white LED ground light(s) shall be provided below the body. Light(s) shall be switchable but activated automatically when the park brake is set. 542 SVI Trucks 10/10/24 Page 95 of 134 REAR ENTRY DOORS Access shall be provided to the interior through double doors with a clear door opening width of approximately 28" (without interior door handles) x full height. Construction of the rear entry doors shall be with 1/8" aluminum exterior smooth plate, the interior door pan shall be constructed from 1/8" aluminum treadplate. The door shall be hung on full height 14 gauge stainless steel hinge, with a 1/4" stainless steel pin. The hinge shall be bolted to the door and body with stainless steel machine screws at offset 5" centers. The hinge shall be slotted horizontally and vertically for ease of adjustment. A polyester barrier film gasket shall be placed between the stainless steel hinge and door. Full width padded foam cushion head bumper shall be provided above door opening. The head bumper shall be covered with matching interior vinyl and bolted to interior of door way. The active latching door shall overlap the non-latching door. The latch mechanism shall include a stainless steel paddle handle on the inside. A polyester barrier film gasket shall be placed between the stainless steel handles and the aluminum door panels. The door latch shall be a double catch two-point safety slam latch recessed inside the double panel door with strike plate mounted top and bottom of door frame complying with FMVSS requirements. • The hinged door(s) shall have a eberhard non locking handle. A gasket shall be placed between handle and door. ENTRY HANDRAILS There shall be four (4) handrails provided at entry door; two (2) 24" vertical on exterior of body, and two (2) 24" on inside of door. The interior handrails shall be angled for optimum use when entering or exiting the body interior area. Handrails shall be NFPA compliant 1-1/4" knurled 304 stainless steel with welded end stanchions. A safety sign FAMA23, which warns of the proper climbing method, shall be visible to personnel entering the cab and at each designated climbing location on the body. A safety sign FAMA24, which warns personnel not to ride on the vehicle, shall be located at the rear step areas and at any cross walkways. WINDOW(S) There shall be two (2) 12" wide x 22" high sliding window(s) installed. Each window shall have tinted automotive type safety glass mounted in an extruded aluminum frame. The frame shall have a black anodized finish. BODY OPTIONS AND UPGRADES 543 SVI Trucks 10/10/24 Page 96 of 134 UPPER STREETSIDE REAR BODY HOSE Above the exterior streetside compartments shall be an upper body compartment for storage of fire hose. The compartment shall be integral with the body construction, and will not be bolted or added on modules. The outside walls of compartment will be double walled to prevent equipment from denting the outside painted surface. The compartment shall be approximately (insert actual dimensions). Access to the compartment shall be from a rear facing lift-up compartment door. Door shall be fabricated from 3/16" smooth aluminum with full length 14 gauge stainless steel hinge, with 1/4" stainless steel pin, 6 non-locking Eberhard handle, and a gas cylinder door holder. A polyester barrier film gasket shall be placed between stainless steel hinge and any dissimilar metals as necessary to resist corrosion. Door shall overlap body surface to resist entry of moisture and sealed with automotive type rubber molding to provide a weather resistant seal. The door shall have slats cut in it to allow for airflow into the compartment in aiding drying the hose. Devices to secure equipment, compartment dividers, or UHMW plastic angles, or sheeting will be used for storage of specified equipment as required to resist damage to equipment. A step shall be provided above bumper directly below compartment to assist in access to compartment storage. Step shall be fabricated from NFPA compliant aluminum treadplate with minimum 8" depth, width sized to fit space available. The compartment will be designed to store the following equipment; 3" fire supply hose. • One (1) OnScene Access white LED light(s) mounted in cabinet(s). The list of items to be stored in upper rear compartment shall be determined at the pre-construction meeting. HOSE STORAGE Upper rear streetside body compartment will be for hose storage. REAR BODY HANDRAIL There shall be one (1) 24" vertical handrail on rear of body. Handrail shall be NFPA compliant 1-1/4" knurled 304 stainless steel with welded end stanchions. A safety sign FAMA23, which warns of the proper climbing method, shall be visible to personnel entering the cab and at each designated climbing location on the body. A safety sign FAMA24, which warns personnel not to ride on the vehicle, shall be located at the rear step areas and at any cross walkways. CAST STEP(S) One (1) Cast Products SP2014-1B 11" x 14" polished aluminum step(s) with hand hold shall provided and installed on completed vehicle. Step(s) shall have an LED lighting area below step be wired to the headlight circuit of the chassis. Step(s) shall have a textured stepping surface meeting NFPA standards. Light(s) shall be capable of providing illumination at a minimum level of 2 fc (20 lx) on ground areas within 30 in. (800 mm) of the edge of the vehicle in areas designed for personnel to climb onto or descend from the vehicle to the ground level. 544 SVI Trucks 10/10/24 Page 97 of 134 PLASTIC FLOOR AND SHELF TILE Turtle Plastics 12" x 12" x 1/2", self-draining plastic inter-locking material shall be cut to size and cover all compartment floors, shelves, and trays. • The plastic floor tile shall be black. • The plastic edge trim shall be black. ROPE ANCHOR OR PORTABLE WINCH RECEIVERS The completed unit shall have an integrated receiver or anchor system for use with removable rope anchor point and/or a portable electric winch, when specified. Receivers or anchors installed at any location on the apparatus for use as removable winch anchors shall be designed and affixed to provide at least a 2.0 to 1 straight line pull no-yield safety factor over the load rating of the removable winch. Receivers or anchors installed at any location on the apparatus for use with rope operations shall be designed and affixed to the apparatus to provide at least a 9,000 lbf (40,000 N) no-yield condition with a straight line pull. A safety sign FAMA28 shall be located on or near each receiver or anchor stating the maximum straight line pull rating. Side receiver(s) (if specified) shall have the following load rating: STRAIGHT PULL SAFETY FACTOR Rope Tie Off: 600 Lbs. 15:1 Winch: 5,000 Lbs. 2:1 Front and/or rear receiver(s) (if specified) shall have the following load rating: STRAIGHT PULL SAFETY FACTOR Rope Tie Off: 600 Lbs. 15:1 Winch: Winch Load Rating (9,000 Lbs. Max) 2:1 The following items shall be provided to accomplish rope rescue and/or portable winch operation; ACCESSORIES • Two (2) removable rope anchor(s) shall be provided for use with lower body specified receivers. Each rope anchor shall be fabricated from 3/4" steel, 2" high x 11.5" long with a 3" OD/2" ID eyelet. Eyelet end shall have radiused edge to prevent damage to rope or carabineer. Each rope anchor shall have a black powder coat paint finish. • An aluminum mounting bracket shall be provided to store rope anchor(s) inside a body compartment as close to receiver location as possible. A portable winch shall not be provided with completed unit. 545 SVI Trucks 10/10/24 Page 98 of 134 REAR BUMPER • There shall be one (1) 2" x 2" x 1/4" wall steel receiver tube(s) with black hammertone powder coat paint finish located at the rear bumper for use with removable rope anchor point and/or a portable electric winch (when specified). • A steel 5/8" x 3" hitch pin shall be provided with each receiver tube. There shall be two (2) receivers (1 ea side) on the sides of the rear bumper, along with the middle. − The receiver(s) shall have one (1) rubber cover(s) provided. LOWER SIDE BODY PROTECTION - RUB RAIL Rub rails shall be provided below the compartment door openings on both the streetside and curbside. The rub rails shall be fabricated from ABS plastic, measuring approximately 2-3/4" high x 1-3/8" thick. The rub rail shall be bolted to the body using stainless steel bolts and 1-1/2" diameter x 5/8" thick rubber mount isolators to prevent damage to the body. The ABS plastic material shall be black in color. FRONT GRAVEL GUARDS Gravel guards shall be provided on front lower body corners. Guards shall be 12" high, extend from behind cab or step and wrap around to the front compartment door opening fabricated from 20 gauge brushed stainless steel. 546 SVI Trucks 10/10/24 Page 99 of 134 WALK-IN INTERIOR FINISH DETAILS DESK, CABINET, CONSOLE FINISH All specified interior desks, cabinets, overhead cabinets, or consoles shall be fabricated from formed 1/8" 3003 H14 alloy smooth aluminum. The use of wood materials or laminated surfaces in the construction of desks, cabinets, overhead cabinets, or consoles will not be allowed. There will be No Exceptions allowed on specified ruggedized finish. INTERIOR COMPONENT FINISH After fabrication is completed all specified desk(s) or cabinet(s) shall be painted with a hammer tone powder coat paint finish for a hard durable surface. Powder coat shall be hammertone silver/grey. Cardinal T064-GR05 ROOF HATCH WITH SKYLIGHT The roof of body shall be reinforced for the installation of a roof hatch with skylight. Per NFPA 1901, any interior area to be occupied by personnel shall have a minimum of two means of escape. The opening shall be a minimum of 24" x 24" in size, suitable for use as an escape hatch, for ventilation, and supplemental light in the interior. The roof hatch shall have tinted glass, two (2) compression type door checks to hold door in open position, and a nylon strap to assist in closing hatch. Roof hatch shall be connected to the cab hazard warning light in cab to indicate when open. INTERIOR SPECIFICATIONS INTERIOR INSULATION Following the sheet metal fabrication the roof area, upper exterior walls and the entry door of the apparatus body shall be insulated with Dow Thermax, or equal 1-1/2" glass-fiber reinforced polyisocyanurate foam core laminated between 1.0 mil smooth, reflective aluminum foil facers on both sides, with an R9.8 value. The reinforcement, along with chemical modifications, contributes to fire resistance and dimensional stability. This insulation shall be the type that will not absorb moisture, move once in place or deteriorate. Mat type fiberglass or spray in foam insulation is not acceptable. INTERIOR FINISH The interior of the apparatus body shall have a fully maintenance free and durable finish. The interior finish shall be installed on the ceiling, front wall, and interior side walls from top of exterior compartments to ceiling height. The interior panels shall be installed with sheet metal screws with gray plastic plugs covering the screws. The seams between FRP panels, interior corners, and exterior corners shall be trimmed with gray plastic molding. The interior finish shall be pearl gray pebble grain FRP. INTERIOR WALKWAY SIDE WALLS Walkway side walls from floor level to top of exterior compartments shall be aluminum tread plate panels. 547 SVI Trucks 10/10/24 Page 100 of 134 INTERIOR WALKWAY FLOOR The NFPA compliant 3/16" aluminum tread plate walkway floor shall be installed above the barrier, with a 2" high vertical break on each side of the floor panel to form a watertight splash and kickboard along the walkway sides. The walkway floor area continuously welded at all cross seams to provide a watertight finish, so that a water hose may be used to flush-out walkway area. INTERIOR SUB-FLOOR Above the body sub frame walk in areas shall be an isolation sheet to prevent outside elements from permeating the acoustic and thermal barrier. The isolation sheet shall be fabricated from the same type of material as is used in the subframe, and flanged on sides with a 1" high vertical break. Plascore PP-30, 3/4" thick or similar material shall be placed between the isolation sheet and finished floor for its structural, acoustic and thermal values. AIR CONDITIONER - HEATER One (1) Dometic Penguin II low profile, 120 VAC, 60 cycle, single phase air conditioner(s) shall be provided and installed on roof of vehicle. The unit shall be a roof top contemporary contoured integral evaporator/condenser type with built-in heating elements. Each unit shall be rated at minimum of 15,000 BTU cooling capacity with a heating element rated at 5,600 BTU. A three- speed fan shall supply a maximum/minimum of 320/250 cfm air flow capacity. Air conditioner(s) shall be controlled by a wall mounted Comfort Control II LCD thermostat. The roof mounted air conditioner shall be approximately 9.5" high x 29" wide x 40" long and weigh approximately 99 lbs. Unit needs to be rated at 15K BTU Cooling • The above rooftop Air Conditioning units shall be powered by both the generator and shore power • The thermostat(s) for the above rooftop Air Conditioning units shall be located above the interior light switch panel. STREETSIDE INTERIOR AREA (IS2) WINDOW(S) There shall be one (1) 32" wide x 16" high, double-paned insulated, horizontal sliding window(s) installed. The window shall slide open towards the front of the vehicle such that wind pressure would tend to shut the window. Each window shall have tinted automotive type safety glass mounted in an extruded aluminum frame. The frame shall have a black anodized finish. Sliding style windows shall be complete with a sliding screen. INTERIOR DECK • The interior deck area over the top of the exterior side compartments shall be un-painted smooth aluminum. 548 SVI Trucks 10/10/24 Page 101 of 134 INTERIOR BENCH SEAT The interior body walkway shall be provided with a squad bench seat for four (4) personnel along the side wall. The seat cushion shall be approximately 3" thick with a 3/4" plywood platform for stability. The seat backrest shall be approximately 12" high x 2" thick and constructed the same as the seat cushion. The cushion and seat back shall be covered with Duraware heavy duty fabric material. Seat material color shall be black. INTERIOR BENCH SEAT STORAGE The bench seat base shall be fabricated of aluminum tread plate to form a under seat storage compartment. A hinged door with single point "D"-ring handle and latch shall be provided at the rear of the seat compartment. The seat base storage shall be for the following equipment; − Two (2) pike pole(s) listed in equipment section shall be provided by manufacturer for installation prior to delivery. Provide model number and dimensions of the pike pole(s) − Two (2) Colony Fire Department supplied long tool(s) shall be installed after delivery. Discription and dimensions to be provided during the pre-construction meeting. − Two (2) ladder(s) listed in equipment section shall be provided by manufacturer for installation prior to delivery. Provide model number and dimensions of the ladder(s). Verify in equipment section. The above specified seat(s) shall be provided with four (4) automotive type lap seat belt. The seat belt(s) shall be secured to the attachment point provided on the seat. The seatbelt(s) shall be red in color and comply with NFPA 1901 requirements. Seat(s) shall be connected into seat belt Occupant Restraint Indicator (ORI) and Vehicle Data Recorder (VDR). SCBA brackets shall be mounted at seat back rest as pair on angled mounting. SEAT SCBA BRACKETS There shall be four (4) IMMI SmartDock hands-free SCBA air pack bracket(s) that meet NFPA 1901 standards mounted in specified SCBA seat(s). No straps or levers are required. In a collision the top claws clamp-down preventing the SCBA from becoming a projectile. CAB, CAB DESK, CABINET - VDC COMPONENTS • There shall be one (1) Blue Sea Systems ST series blade type fuse block(s) with screw type terminals for both positive and negative buss with cover provided for distribution of up to six (6) 30 amp, 12 VDC circuits. • The fuse block shall be protected by a 60 amp maxi fuse located at the source. • Fuse block shall be wired battery direct. • Fuse block shall be located in the top left interior corner. 549 SVI Trucks 10/10/24 Page 102 of 134 STREETSIDE INTERIOR AREA (IS3) INTERIOR CABINET - DECK MOUNTED HOSE STORAGE • There shall be one (1) cabinet(s) provided on interior above the interior deck surface formed by exterior compartment ceilings. Cabinet(s) shall be framed in from the top of the interior deck surface to the ceiling of the walk-in area. Each cabinet shall be approximately 58" wide. Hose storage area. − Cargo netting of 1" - 2" nylon webbing shall be provided over cabinet opening with automotive seatbelt style latches. INTERIOR DECK • The interior deck area over the top of the exterior side compartments shall be un-painted smooth aluminum. STREETSIDE INTERIOR AREA (IS4) INTERIOR CABINET - DECK MOUNTED HOSE STORAGE • There shall be one (1) cabinet(s) provided on interior above the interior deck surface formed by exterior compartment ceilings. Cabinet(s) shall be framed in from the top of the interior deck surface to the ceiling of the walk-in area. Each cabinet shall be approximately (insert actual dimensions). Shall be used as hose storage − Cargo netting of 1" - 2" nylon webbing shall be provided over cabinet opening with automotive seatbelt style latches. INTERIOR DECK • The interior deck area over the top of the exterior side compartments shall be un-painted smooth aluminum. CURBSIDE INTERIOR AREA (IC2) WINDOW(S) There shall be one (1) 32" wide x 16" high, double-paned insulated, horizontal sliding window(s) installed. The window shall slide open towards the front of the vehicle such that wind pressure would tend to shut the window. Each window shall have tinted automotive type safety glass mounted in an extruded aluminum frame. The frame shall have a black anodized finish. Sliding style windows shall be complete with a sliding screen. INTERIOR DECK • The interior deck area over the top of the exterior side compartments shall be un-painted smooth aluminum. CAB, CAB DESK, CABINET - VDC COMPONENTS • There shall be one (1) Blue Sea Systems ST series blade type fuse block(s) with screw type terminals for both positive and negative buss with cover provided for distribution of up to six (6) 30 amp, 12 VDC circuits. 550 SVI Trucks 10/10/24 Page 103 of 134 • The fuse block shall be protected by a 60 amp maxi fuse located at the source. • Fuse block shall be wired battery direct. • Fuse block shall be located in the top left interior corner. CURBSIDE INTERIOR AREA (IC3) INTERIOR CABINET - DECK MOUNTED • There shall be one (1) cabinet(s) provided on interior above the interior deck surface formed by exterior compartment ceilings. Cabinet(s) shall be framed in from the top of the interior deck surface to the ceiling of the walk-in area. Each cabinet shall be approximately 58" wide. • One (1) OnScene Access white LED, full height compartment light, vertically mounted. − Cargo netting of 1" - 2" nylon webbing shall be provided over cabinet opening with automotive seatbelt style latches. • The compartment light(s) shall be controlled by a latching, black rocker switch with amber indicator light. The switch shall be labeled as "COMPARTMENT LIGHTS" with a black and chrome label bezel. − Each cabinet shall be provided with vertically mounted shallow aluminum Shelf-Trac for specified component installation. − There shall be one (1) vertically adjustable shelf in each of the above cabinets. It shall have a 1.25" lip to contain items while minimizing space used. INTERIOR DECK • The interior deck area over the top of the exterior side compartments shall be un-painted smooth aluminum. CURBSIDE INTERIOR AREA (IC4) MAGNETIC WHITEBOARD 3 WALLS Magnetic whiteboard shall be installed on all three (3) walls of the ICA interior area in lieu of FRP. INTERIOR DECK • The interior deck area over the top of the exterior side compartments shall be un-painted smooth aluminum. CAB, CAB DESK, CABINET - VDC COMPONENTS • There shall be one (1) Blue Sea Systems ST series blade type fuse block(s) with screw type terminals for both positive and negative buss with cover provided for distribution of up to six (6) 30 amp, 12 VDC circuits. 551 SVI Trucks 10/10/24 Page 104 of 134 • The fuse block shall be protected by a 60 amp maxi fuse located at the source. • Fuse block shall be wired battery direct. • Fuse block shall be located in the top left interior corner. REAR INTERIOR AREA (IR1) • There shall be a rear entry door located in this area. 552 SVI Trucks 10/10/24 Page 105 of 134 HIGH DEFINITION INTERIOR DOME 1080P CAMERA One (1) FRC, powered by SEON, model SNB26option-CD30 InView™ Guardian 1080P dome camera(s) shall be provided and located as follows. VIDEO MONITOR One (1) FRC, powered by SEON, model SNA010-B10 InView 360 SAV-MON, AVM 7.4" in cab video monitor(s) shall be provided and installed easily visible to officer and include a 7” diagonal color LCD monitor. The monitor shall be a TFT Active Matrix System display with an 800 x 480 resolution and a display format of 16:9 (aspect ratio). It shall operate from 12 VDC, and the connection terminals shall include a composite video in and power in. Monitor to be mounted up high on officerside cab ceiling. • The One (1) interior dome Camera(s) shall be located centered on the ceiling of the rear overhead interior entrance of the walk-in body, to provide a view of the occupants in the walk-in area. There shall be one (1) Whelen surface mount ION Series LED light with wide angle optic provided and installed on the rear interior wall above the rear entry door to act as a "NO GO" warning light to the interior crew personnel. The light head shall include an integral flasher with programmable flash patterns. Each light shall have: - One (1) Red LED, one (1) Green LED - Clear Lens - Chrome Flange − Red Outboard/Green Inboard as facing each zone. The light shall be programmed so the "Red" LED will be on while the transmission is in "Drive" and the "Green" LED will be on when the "Park Brake" is set. LOW VOLTAGE ELECTRICAL SYSTEM- 12 VDC General Any low voltage electrical systems or warning devices installed on the fire apparatus shall be appropriate for the mounting location and intended electrical load. Where wire passes through sheet metal, grommets shall be used to protect wire and wire looms. Electrical connections shall be with double crimp water-tight heat shrink connectors. All 12 VDC wiring running from front to back of vehicle body shall be run in full length electrical wiring raceway down each side of body. Wiring All electrical circuit feeder wiring supplied and installed by the fire apparatus manufacturer shall meet the requirements of NFPA Chapter 13. 553 SVI Trucks 10/10/24 Page 106 of 134 The circuit feeder wire shall be stranded copper or copper alloy conductors of a gauge rated to carry 125% of the maximum current for which the circuit is protected. Voltage drops in all wiring from the power source to the using device shall not exceed 10%. The use of star washers for circuit ground connections shall not be permitted. All circuits shall otherwise be wired in conformance with SAE J1292, Automobile, Truck, Truck-Tractor, Trailer, and Motor Coach Wiring. Wiring and Wire Harness Construction All insulated wire and cable shall conform to SAE J1127, Low Voltage Battery Cable, or SAE J1128, Low Voltage Primary Cable, type SXL, GXL, or TXL. All conductors shall be constructed in accordance with SAE J1127 or SAE J1128, except where good engineering practice dictates special strand construction. Conductor materials and stranding, other than copper, shall be permitted if all applicable requirements for physical, electrical, and environmental conditions are met as dictated by the end application. Physical and dimensional values of conductor insulation shall be in conformance with the requirements of SAE J1127 or SAE J1128, except where good engineering practice dictates special conductor insulation. The overall covering of conductors shall be moisture-resistant loom or braid that has a minimum continuous rating of 194°F (90°C) except where good engineering practice dictates special consideration for loom installations exposed to higher temperatures. The overall covering of jacketed cables shall be moisture resistant and have a minimum continuous temperature rating of 194°F (90°C), except where good engineering practice dictates special consideration for cable installations exposed to higher temperatures. All wiring connections and terminations shall use a method that provides a positive mechanical and electrical connection. The wiring connections and terminations shall be installed in accordance with the device manufacturer’s instructions. All ungrounded electrical terminals shall have protective covers or be in enclosures. Wire nut, insulation displacement, and insulation piercing connections shall not be used. Wiring shall be restrained to prevent damage caused by chafing or ice buildup and protected against heat, liquid contaminants, or other environmental factors. Wiring shall be uniquely identified at least every 2 ft (0.6 m) by color coding or permanent marking with a circuit function code. The identification shall reference a wiring diagram. Circuits shall be provided with properly rated low voltage over-current protective devices. Such devices shall be readily accessible and protected against heat in excess of the over-current device’s design range, mechanical damage, and water spray. Circuit protection shall be accomplished by utilizing fuses, circuit breakers, fusible links, or solid state equivalent devices. If a mechanical-type device is used, it shall conform to one of the following SAE standards: 1) SAE J156, Fusible Links 2) SAE J553, Circuit Breakers 3) SAE J554, Electric Fuses (Cartridge Type) 4) SAE J1888, High Current Time Lag Electric Fuses 5) SAE J2077, Miniature Blade Type Electrical Fuses Switches, relays, terminals, and connectors shall have a direct current (dc) rating of 125% of maximum current for which the circuit is protected. Power Supply 554 SVI Trucks 10/10/24 Page 107 of 134 A 12 V or greater electrical alternator shall be provided. The alternator shall have a minimum output at idle to meet the minimum continuous electrical load of the vehicle, at 200°F (93°C) ambient temperature within the engine compartment, and shall be provided with full automatic regulation. Minimum Continuous Electrical Load The minimum continuous electrical load shall consist of the total amperage required to simultaneously operate the following in a stationary mode during emergency operations: 1) The propulsion engine and transmission 2) All legally required clearance and marker lights, headlights, and other electrical devices except windshield wipers and four-way hazard flashers 3) The radio(s) at a duty cycle of 10 percent transmit and 90% receive (for calculation and testing purposes, a default value of 5 A continuous) 4) The lighting necessary to produce 2 fc (20 lx) of illumination on all walking surfaces on the apparatus and on the ground at all egress points onto and off the apparatus, 5 fc (50 lx) of illumination on all control and instrument panels, and 50 percent of the total compartment lighting loads 5) The minimum optical warning system, where the apparatus is blocking the right-of way 6) The continuous electrical current required to simultaneously operate any fire pumps, aerial devices, and hydraulic pumps 7) Other warning devices and electrical loads defined by the purchaser as critical to the mission of the apparatus If the apparatus is equipped to tow a trailer, an additional 45 A shall be added to the minimum continuous electrical load to provide electrical power for the federally required clearance and marker lighting and the optical warning devices mounted on the trailer. The condition of the low voltage electrical system shall be monitored by a warning system that provides both an audible and a visual signal to persons on, in, or near the apparatus of an impending electrical system failure caused by the excessive discharge of the battery set. The charge status of the battery shall be determined either by direct measurement of the battery charge or indirectly by monitoring the electrical system voltage. If electrical system voltage is monitored, the alarm shall sound if the system voltage at the battery or at the master load disconnect switch drops below 11.8 V for 12 V nominal systems, 23.6 V for 24 V nominal systems, or 35.4 V for 42 V nominal systems for more than 120 seconds. A voltmeter shall be mounted on the driver’s instrument panel to allow direct observation of the system voltage. Electromagnetic Interference Electromagnetic interference suppression shall be provided, as required, to satisfy the radiation limits specified in SAE J551/1, Performance Levels and Methods of Measurement of Electromagnetic Compatibility of Vehicles, Boats (up to 15 m), and Machines (16.6 Hz to 18 GHz). Wiring Diagram A complete electrical wiring schematic of actual system shall be provided with finished apparatus. Similar or generic type electrical schematics shall NOT BE ACCEPTABLE. Low Voltage Electrical System Performance Test 555 SVI Trucks 10/10/24 Page 108 of 134 A low voltage electrical system test certification shall be provided with delivered apparatus. 12 VOLT MULTIPLEX CONTROL CENTER The apparatus shall be equipped with a Weldon V-MUX multiplexed 12 volt electrical system that will provide complete diagnostic capability, No Exception. The system shall have the capability of delivering multiple signals via a CAN bus, utilizing specifications set forth by SAE J1939. The system shall be node based to maximize stability so that failure of one node does not affect the operation of the other nodes. The system shall use shielded twisted-pair wire for transmission of system function signals. The shielded wire shall provide protection against EMI and RFI noise interruptions. The multiplex system shall be responsible for providing power management functions as well as load shedding. The warning light system shall be controlled by the multiplex system. The system shall be capable of displaying text and/or graphic messages on a display module. The system shall be based on solid-state technology and shall include self- contained diagnostic indicators. WELDON CERTIFICATION A letter shall be provided with bid submittal that the Contractor has successfully completed the Weldon training requirements for Level 1 of the V-MUX Certified Supplier Program and is authorized to design, build, and service V-MUX electrical systems. MULTIPLEX SYSTEM INTERFACE DISPLAY The Weldon V-MUX Vista IV multiplex system interface display(s) shall be provided by the cab/chassis manufacturer. The full-color Vista interface display allows the user to control warning and scene lighting, HVAC controls (when specified), and view on-board diagnostics including service information. This display has a wide operating temperature range, automatic screen switching in response to current conditions, and a sleep mode option to eliminate night glare. The following features shall be included; • 800 x 480 resolution • Four video ports • Flash updates with USB memory stick • Display inside and outside temperature (when specified) • Automatic climate control (when specified) • 100% Configurable (OEM Level) • Field re-programmable • Peer to peer network • On-board diagnostics / service information • Colors change to indicate button status • Video Ready for: Backup camera, Thermal camera, DVD, GPS... BATTERY SYSTEM Any body builder supplied battery connections shall be heavy duty type with cables terminating in heat shrink loom. Heavy duty battery cables shall provide maximum power to the electrical system. Where required, the cables shall be shielded from exhaust tubing and the muffler. Large rubber grommets shall be provided where cables enter the battery compartment. 556 SVI Trucks 10/10/24 Page 109 of 134 Where an enclosed battery compartment is provided, it shall be ventilated to the exterior to prevent the buildup of heat and explosive fumes. The batteries shall be protected against vibration and temperatures that exceed the battery manufacturer’s recommendation. BATTERY SWITCH One (1) battery disconnect switch shall be provided in cab located within easy reach of driver with green indicator light that is visible from the driver’s position. The switch and indicator light shall be supplied and installed by the cab/chassis manufacturer. BATTERY SOLENOID Battery switch shall consist of a minimum 200 ampere, constant duty solenoid to feed from positive side of battery. BATTERY CONDITIONER The battery conditioner shall be supplied and installed by the cab chassis manufacturer. SHORE POWER INLET The shore power inlet for battery conditioner shall be supplied and installed by the cab chassis manufacturer. • The shore power plug shall be located near the Driver door area. REAR VIEW CAMERA The cab chassis provided rear view box camera shall be installed on the rear of the body. • The camera image shall be displayed on chassis supplied display located within the driver's range of view. INTERIOR LED LIGHTS Three (3) OnScene Solution model #70156, 10” x 10” x 7/8”, 10-30 VDC, surface mount dual red and white LED light(s) with clear lens shall be provided throughout the vehicle. In addition light(s) will be capable of a five (5) second delay after switching off. The light(s) shall be switched with high/low intensity setting at the entry door(s). An Innovative Controls black back-lit switch panel shall be provided to control specified lighting or other control switching. INTERIOR LIGHT SWITCH • There shall be Three (3) interior light switch panel located on the curbside, rearward bulkhead wall. TAIL LIGHTS Rear body tail lights shall be vertically mounted and located per Federal Motor Vehicle Safety Standards, FMVSS and Canadian Motor Vehicle Safety Standards CMVSS. The following lights shall be furnished; • Two (2) Whelen M6 Series M6T amber LED turn lights • Two (2) Whelen M6 Series M6BTT red LED stop/tail lights • Two (2) Whelen M6 Series M6BUW clear LED back-up lights with clear lens 557 SVI Trucks 10/10/24 Page 110 of 134 Each light shall have a chrome flange. MIDSHIP TURN SIGNAL Two (2) Tecniq S17 series amber LED midship turn signal lights shall be provided and installed, one (1) light on each side of forward rear wheel well area. Midship turn lights shall be wired to the turn signal circuit of the cab and chassis. Each light shall have a chrome flange. MARKER LIGHTS - WHELEN OS The body shall be equipped with all necessary side and rear clearance lights and reflectors in accordance with Federal Motor Vehicle Safety Standards (FMVSS) and Canadian Motor Vehicle Safety Standards (CMVSS). Clearance lights on body shall be connected to the clearance light circuit of the chassis. LICENSE PLATE LIGHT One (1) Arrow #437 chrome plated LED license plate light shall be installed on the rear of the body. License plate light shall be wired to the headlight circuit of chassis. A fastener system shall be provided for license plate installation. FRONT CAB MOUNTED SCENE LIGHT(S) Floodlight(s) shall be provided on the front of the cab by the cab/chassis manufacturer. The lights shall be controlled at the specified siren control head in the cab. SIDE LED SCENE LIGHTS There shall be four (4) HiViz Guardian model FT-GSM, 9" x 7" surface mounted scene light(s) provided on the upper body. Light quantity shall be divided equally per side. The Guardian series light shall have 6,500 useable lumens each. Each light shall have a chrome flange. Two (2) switches shall be provided, one (1) for the streetside scene lights, and one (1) for the curbside scene lights. The lights shall be controlled at the specified siren control head in the cab. REAR LED SCENE LIGHTS Two (2) HiViz Guardian model FT-GSM, 9" x 7" surface mounted scene lights shall be provided on the upper rear body to light the work area immediately behind the vehicle. The Guardian series light shall have 6,500 useable lumens each. Each light shall have a chrome flange. The above scene lights shall light to a level of at least 3 fc (30 lx), measured at 25 equally spaced points on a 2.5 ft (750 mm) grid with in a 10 ft x 10 ft (3 m x 3m) square to the rear of vehicle. The lights shall be controlled at the specified siren control head in the cab. The rear scene lights shall also be activated when the apparatus is in reverse. Rear Scene will aslo come on with rear doors open, and with Park brake set. 558 SVI Trucks 10/10/24 Page 111 of 134 TRAFFIC ADVISOR LIGHTS A traffic advisor system shall be provided on rear of vehicle using; • Eight (8) Whelen Wide-angle ION series amber Super-LED lights with clear lens. • Black flanges. • Lights shall be individually mounted and evenly distributed. • Centered vertially in a 4" non reflective, black 3M vinyl back ground. The lights shall be controlled by the multiplexing system and provide; Left Arrow, Right Arrow, Center Out, and Wig-Wag patterns. The wig-wag light pattern shall be activated with the E-Master and can be switched to the other patterns at any time through the "TRAFFIC ADVISOR" menu on the Multiplex display. Will be controlled through siren control head. WARNING LIGHT PACKAGE Each apparatus shall have a system of optical warning devices that meets or exceeds the requirements of this section. The optical warning system shall consist of an upper and a lower warning level. The requirements for each level shall be met by the warning devices in that particular level without consideration of the warning devices in the other level. For the purposes of defining and measuring the required optical performance, the upper and lower warning levels shall be divided into four (4) warning zones. The four zones shall be determined by lines drawn through the geometric center of the apparatus at 45 degrees to a line drawn lengthwise through the geometric center of the apparatus. The four (4) zones shall be designated A, B, C, and D in a clockwise direction, with zone A to the front of the apparatus. Each optical warning device shall be installed on the apparatus and connected to the apparatus’s electrical system in accordance with the requirements of this standard and the requirements of the manufacturer of the device. A master optical warning system switch that energizes all the optical warning devices shall be provided. The optical warning system on the fire apparatus shall be capable of two (2) separate signaling modes during emergency operations. One (1) mode shall signal to drivers and pedestrians that the apparatus is responding to an emergency and is calling for the right-of-way. One (1) mode shall signal that the apparatus is stopped and is blocking the right-of-way. The use of some or all of the same warning lights shall be permitted for both modes provided the other requirements of this chapter are met. A switching system shall be provided that senses the position of the parking brake or the park position of an automatic transmission. When the master optical warning system switch is closed and the parking brake is released or the automatic transmission is not in park, the warning devices signaling the call for the right-of-way shall be energized. When the master optical warning system switch is closed and the parking brake is on or the automatic transmission is in park, the warning devices signaling the blockage of the right-of-way shall be energized. The system shall be permitted to have a method of modifying the two (2) signaling modes. The optical warning devices shall be constructed or arranged so as to avoid the projection of light, either directly or through mirrors, into any driving or crew compartment(s). The front optical warning devices shall be placed so as to maintain the maximum possible separation from the headlights. Steadily burning, non flashing optical sources shall be permitted to be used. 559 SVI Trucks 10/10/24 Page 112 of 134 Control System: Whelen ELECTRONIC SIREN Whelen Centcom Core shall be provided by cab-chassis, and SVI will tie in the body. ELECTRONIC SIREN (WHELEN CORE CONTROL HEAD) One (1) Whelen CCTL9 Core control head shall be provided by cab-chassis. The specified siren functions shall be controlled by siren mounted switches. UPPER LEVEL OPTICAL WARNING DEVICES The upper-level optical warning devices shall be mounted as high and as close to the corner points of the apparatus as is practical to define the clearance lines of the apparatus. The upper-level optical warning devices shall not be mounted above the maximum height, specified by the device manufacturer. ZONE A - FRONT WARNING LIGHTS See Chassis Modification section for cab mounted warning lights. ZONES B AND D - SIDE WARNING LIGHTS UPPER REAR CORNER WARNING LIGHTS There shall be two (2) Whelen M9 linear super-LED Light(s) with full-fill optic provided, one (1) each side. The light head shall include an integral flasher with programmable flash patterns and Hi/Lo intensities. Each Light shall have: - Red LEDs - Clear Lens Each light shall have a chrome flange. − Flash Pattern shall be DOUBLEFLASH 150, In/Out • The Lo Power option will be provided for the above lighting group. − Flash Pattern shall be DOUBLEFLASH 150, In/Out The lights shall be controlled at the specified siren control head in the cab. 560 SVI Trucks 10/10/24 Page 113 of 134 UPPER FORWARD CORNER WARNING LIGHTS There shall be two (2) Whelen M9 linear super-LED Light(s) with full-fill optic provided, one (1) each side. The light head shall include an integral flasher with programmable flash patterns and Hi/Lo intensities. Each Light shall have: - Red LEDs - Clear Lens Each light shall have a chrome flange. − Flash Pattern shall be DOUBLEFLASH 150, In/Out • The Lo Power option will be provided for the above lighting group. − Flash Pattern shall be DOUBLEFLASH 150, In/Out The lights shall be controlled at the specified siren control head in the cab. ZONE C - REAR WARNING LIGHTS There shall be two (2) Whelen M9 linear super-LED Light(s) with full-fill optic provided, one (1) each side. The light head shall include an integral flasher with programmable flash patterns and Hi/Lo intensities. Each Light shall have: - Clear Lens Each light shall have a chrome flange. Green Light Streetside / Red Light Curbside − Flash Pattern shall be DOUBLEFLASH 150, In/Out • The Low Power option will be provided for the above lighting group. • Flash Pattern shall be DVI Single Flash 75 Lo Intensity all on (default) The lights shall be controlled at the specified siren control head in the cab. ZONE C - REAR AUXILIARY MIDDLE LEVEL WARNING LIGHTS The middle-level optical warning devices shall be mounted as close to the center of the rear of the apparatus as possible. There shall be two (2) Whelen M9 linear super-LED Light(s) with full-fill optic provided, one (1) each side. The light head shall include an integral flasher with programmable flash patterns and Hi/Lo intensities. Each Light shall have: - Clear Lens Clear warning lights shall be deactivated when vehicle is in Blocking Mode (Parking Brake Set and/or Transmission in Park). 561 SVI Trucks 10/10/24 Page 114 of 134 Each light shall have a chrome flange. − Red Light Streetside / Green Light Curbside − Flash Pattern shall be DOUBLEFLASH 150, In/Out • The Low Power option will be provided for the above lighting group. • Flash Pattern shall be DVI Single Flash 75 Lo Intensity all on (default) The lights shall be controlled at the specified siren control head in the cab. LOWER LEVEL OPTICAL WARNING DEVICES To define the clearance lines of the apparatus, the optical center of the lower-level optical warning devices in the front of the vehicle shall be mounted on or forward of the front axle centerline and as close to the front corner points of the apparatus as is practical. The optical center of the lower-level optical warning devices at the rear of the vehicle shall be mounted on or behind the rear axle centerline and as close to the rear corners of the apparatus as is practical. The optical center of any lower-level device shall be between 18 in. and 62 in. (460 mm and 1600 mm) above level ground for large apparatus, and 18 in. and 48 in. (460 mm and 1600 mm) above level ground. A midship optical warning device shall be mounted right and the left sides of the apparatus if the distance between the front and rear lower-level optical devices exceeds 25 ft (7.6 m) at the optical center. Additional midship optical warning devices shall be required, where necessary, to maintain a horizontal distance between the centers of adjacent lower-level optical warning devices of 25 ft (7.6 m) or less. The optical center of any midship mounted optical warning device shall be between 18 in. and 62 in. (460 mm and 1600 mm) above level ground. ZONE A - FRONT WARNING LIGHTS, LOWER See Chassis Modification section for cab mounted warning lights. ZONES B AND D - BODY LIGHT (BODY WHEELWELL AREA) There shall be two (2) Whelen M6 linear super-LED Light(s) with full-fill optic provided, one (1) each side. The light head shall include an integral flasher with programmable flash patterns and Hi/Lo intensities. Each Light shall have: - Red LEDs - Clear Lens Each light shall have a chrome flange. − Flash Pattern shall be DOUBLEFLASH 150, In/Out 562 SVI Trucks 10/10/24 Page 115 of 134 • The Lo Power option will be provided for the above lighting group. − Flash Pattern shall be DOUBLEFLASH 150, In/Out The lights shall be controlled at the specified siren control head in the cab. ZONES B AND D - BODY INTERSECTOR LIGHT (BODY REAR CORNERS) There shall be two (2) Whelen M6 linear super-LED Light(s) with full-fill optic provided, one (1) each side. The light head shall include an integral flasher with programmable flash patterns and Hi/Lo intensities. Each Light shall have: - Red LEDs - Clear Lens Each light shall have a chrome flange. − Flash Pattern shall be DOUBLEFLASH 150, In/Out • The Lo Power option will be provided for the above lighting group. − Flash Pattern shall be DOUBLEFLASH 150, In/Out The lights shall be controlled at the specified siren control head in the cab. ZONE C - REAR WARNING LIGHTS (LOWER REAR CORNERS) There shall be two (2) Whelen M6 linear super-LED Light(s) with full-fill optic provided, one (1) each side. The light head shall include an integral flasher with programmable flash patterns and Hi/Lo intensities. Each Light shall have: - Red LEDs - Clear Lens Each light shall have a chrome flange. − Flash Pattern shall be DOUBLEFLASH 150, In/Out • The Lo Power option will be provided for the above lighting group. − Flash Pattern shall be DOUBLEFLASH 150, In/Out The lights shall be controlled at the specified siren control head in the cab. 563 SVI Trucks 10/10/24 Page 116 of 134 LINE VOLTAGE ELECTRICAL SYSTEM MEPS UNDERHOOD GENERATOR MEPS 5kW underhood generator which includes the Generator, ACU, Remote Panel and specific connectors and cables. Crystal controlled pure sine wave AC power for on the move power. GENERATOR MOUNTING The generator shall be mounted under the hood of the chassis. MANUALS AND SCHEMATICS Two (2) complete manuals on parts list, maintenance, wiring schematics, hydraulic schematics, circuit boards, voltage regulator board and other components shall be provided on delivery. LOADCENTER The loadcenter shall be an Eaton BR Series specifically designed for protection and distribution of AC line voltage such as lighting and small motor branch circuits. The loadcenter enclosure is made of 16 gauge galvanized sheet steel with a galvanized coating provided for corrosion protection. All trims used on BR loadcenters are chromate sealed and finished with an electro-disposition epoxy paint (ANSI-61) which exceeds requirements for outdoor and indoor applications. A combination surface/flush cover with integral door is supplied with indoor loadcenters rated from 100 through 400 amperes. All plug-in loadcenters are CSA listed to file LL98266. CSA Certified to C22.2 No.29, to loadcenter type and CSA listing. GENERATOR MONITORING PANEL An Accuenergy Acuvim II multifunction power and energy meter shall be provided to properly monitor the generator performance and load demand during operation. The Accuenergy Acuvim CL includes a digital RS485 communication port running Modbus protocol. The electrical parameters can be viewed on a backlit LCD screen. Unit shall be capable of displaying the following; • Generator frequency in hertz • Line 1 current in amperes • Line 2 current in amperes • Generator voltage in volts • Meter running time SHORE POWER INLET - BATTERY CHARGER The above mentioned shore power inlet, and battery conditioner shall be specified in the 12 volt section. 564 SVI Trucks 10/10/24 Page 117 of 134 120/240 VAC OUTLETS AND CIRCUITS The generator and or shore power shall supply the 120/240 volt electrical equipment and outlets outlined below. Proper circuit protection shall be installed as noted: • Two (2) 120 volt exterior outlets, one (1) each side rear of body. − The outlet receptacle(s) shall be 20 amp, straight-blade (NEMA 5-20R). LINE VOLTAGE ELECTRICAL SYSTEM All components, equipment, and installation procedures shall conform to NFPA 70, National Electrical Code, except where superseded by the requirements of this chapter. Where the requirements of this chapter differ from those in NFPA 70, the requirements in this chapter shall apply. Receptacle Label Each receptacle shall be marked with a label indicating the nominal line voltage (120 volts or 240 volts) and the current rating in amps of the circuit. If the receptacle is DC or other than single phase, that information shall also be marked on the label. All receptacles and electrical inlet devices shall be listed to UL 498, Standard for Safety Attachment Plugs and Receptacles, or other recognized performance standards. Receptacles used for DC voltages shall be rated for DC service. Wiring Schematics An "As-Built" Wiring diagrams for line voltage systems shall be provided to include the following information; (a) Pictorial representations of circuit logic for all electrical components and wiring (b) Circuit identification (c) Connector pin identification (d) Zone location of electrical components (e) Safety interlocks (f) Alternator–battery power distribution circuits (g) Input/output assignment sheets or equivalent circuit logic implemented in multiplexing systems CAMERA/MAST SYSTEM CAMERA MAST SYSTEM No camera and mast system shall be required on completed unit. 565 SVI Trucks 10/10/24 Page 118 of 134 WATEROUS CGVK 750 GPM SINGLE STAGE FIRE PUMP A Waterous Model CGVK fire pump shall be midship mounted, single stage construction and shall comply with all applicable requirements of the latest standards for automotive fire apparatus of the National Fire Protection Association, NFPA 1901, and shall have a rated capacity of 750 GPM. The CGVK is capable of supplying volumes of 750 GPM (3000 L/min) @ 150 psi (10.3 bar) or pressures of 400 psi (28 bar) @ 60 GPM (227 L/min). When installed in vehicle, complete with proper intake piping, CL meets NFPA 1901 for a 500 GPM rating. Casing Two-piece, vertically-split, high-tensile, close-grained gray iron. Impeller Bronze impeller specifically designed for the fire service, double-hubbed to eliminate axial thrust, and accurately balanced for vibration-free running. Wear Rings Replaceable wear rings to increase pump life and maintenance costs down. Impeller Shaft Stainless steel, heat treated, precisely ground to size, and polished under shaft seal. Supported by oil lubricated ball bearings. Shaft Seal Mechanical type shaft seal as standard. Intake 5.0” (12.7 cm) NPT Discharge 4.0” (10.1 cm) NPT Discharge Positions Available in either rotation with four discharge positions; gear case can be mounted horizontally, vertically, or inverted. Bearings All bearings are oil or grease lubricated, ball type, located outside the pump casting to accurately align and support the impeller shaft assembly. Ball bearings are deep-grooved type designed to carry both radial and axial thrust. Transmission K Series, close-grained, gray iron with the proper gear ratio to provide required impeller speeds at available input speeds, whether pumping from tank, draft, or in relay operation. Transmission Gears Helical, precision cut, crown shaved for proper load distribution and quiet operation. Pump Anodes There shall be two (2) anodes provided to protect the components that come in contact with the water system from corrosion and deterioration. One (1) anode shall be installed in the inlet (suction) side of system, and one (1) shall be installed in the pressure (outlet) side of the PTO pump. 566 SVI Trucks 10/10/24 Page 119 of 134 PUMP TEST RATING The fire pump shall be tested at 750 GPM (3,000 LPM) @ 150 PSI (1,134 Kpa). PAINT FINISH The pump shall be provided with a black finish color in lue of the standard red. PUMP DRIVE SYSTEM The water pump system shall be driven by a Chelsea "Hot-Shift" transmission PTO and mounted directly to the transmission of the chassis. The drive line shall be hollow tube type, with heavy duty universals and splined shaft to allow movement of the chassis components and pump. Where the pump is driven by the chassis engine, a label indicating the chassis transmission shift selector position to be used for pumping shall be provided in the driving compartment and located so that it can be read from the driver's position. Where the pump is driven by the chassis engine and automatic transmission through a split shaft PTO, an interlock system shall be provided to prevent the pump drive system from being shifted out of the “pump engaged” pumping mode of operation when the chassis transmission is in pump gear. Where the water pump is driven by the chassis engine, an interlock system shall be provided to ensure that the pump drive system components are engaged in the pumping mode of operation so that the pumping system can be operated from the pump operator’s position, with indicators to inform the operators of the status of the controls. All apparatus shall have “Pump Engaged” and “OK to Pump” indicators in the driver compartment. All apparatus shall have “Throttle Ready” and “OK to Pump” indicators on the pump operator’s panel. A “Pump Engaged” indicator shall be provided in the driving compartment to indicate the pump shift has been successfully completed. An “OK to Pump” indicator shall be provided in the driving compartment and on the pump operator’s panel to indicate that all of the following conditions have been met to safely operate the pump in stationary mode: 1. The pump shift is engaged. 2. The parking brake is engaged. 3. If the pump is driven from a transfer case PTO or auxiliary transmission PTO, the drive to the wheels is in neutral. 4. If the apparatus is equipped with an automatic transmission, the chassis transmission is in the correct pump gear as follows: h. If the pump is driven by a PTO after the chassis transmission gearing (e.g., split shaft PTO, transfercase PTO, etc.) the transmission is in the correct forward drive gear. i. If the pump is driven by a PTO ahead of the chassis transmission gearing (e.g., flywheel PTO, crankshaft PTO, etc.) the transmission is in neutral. 5. If the apparatus is equipped with a manual transmission, any gear, including neutral, will allow an “OK to Pump” indicator to come on provided all other conditions are met. A “Throttle Ready” indicator shall be provided on the pump operator’s panel. The “Throttle Ready” indicator shall indicate when the pump is in “OK to Pump” mode. The “Throttle Ready” indicator at the pump operator’s panel shall indicate when 567 SVI Trucks 10/10/24 Page 120 of 134 the parking Brake is engaged, pump is engaged and if the Apparatus is equipped with an automatic Transmission, when the Transmission is in the appropriate Gear. THERMAL PROTECTION No thermal protection shall be provided on specified pump. 1/2" PUMP COOLER LINE There shall be a 1/2" line installed from the discharge side of the pump to the water tank. The line shall be used to cool the pump during long periods of pumping when water is not being discharged. The pump cooler shall be controlled with a quarter-turn ball valve on main pump panel, and shall be clearly labeled "Pump Cooler". PUMP COOLER CHECK VALVE There shall be a check valve installed in the pump cooler line to prevent tank water from back flowing into the pump when it is not in use. WATEROUS SEVEN YEAR PUMP WARRANTY The fire pump shall be warranted by Waterous for a period of seven (7) years from the date of delivery to the Colony Fire Department. FIRE PUMP TEST The pump shall undergo a fire pump test per applicable sections of NFPA 1901 or 1906 standards, prior to delivery of the completed apparatus. The test shall include at least the pumping test, the pumping engine overload test, the pressure control system test, the priming device tests, and a vacuum test. The entire pump, both suction and discharge passages, shall be hydrostatically tested to a pressure of 500 psi (3400 kPa) for a minimum for 10 min. The pump shall be capable of producing fire streams that are free from objectionable pulsation under all normal operating conditions. The results of this test shall be furnished with the vehicle on delivery. FIRE PUMP TEST LABEL A test plate shall be provided at the pump operator's panel that gives the rated discharges and pressures together with the speed of the engine as determined by the certification test for each unit, the position of the parallel/series pump as used, and the governed speed of the engine as stated by the engine manufacturer on a certified brake horsepower curve SAFETY SIGN A safety sign FAMA25, which warns of the need for training prior to operating the apparatus, shall be located on the pump operators panel. 568 SVI Trucks 10/10/24 Page 121 of 134 ALTITUDE REQUIREMENT The apparatus shall be designed to meet the specified rating at 2,000 feet (610 meters) altitude. PUMP DRAIN VALVE The pump drain shall be controlled at the pump operator's panel. The control shall be a round knob with recessed label identifing it as the "Master Drain". AIR PRIMING PUMP CONTROL - MANUAL CONTROL The priming pump shall be a Trident Emergency Products compressed air powered, high efficiency, multi-stage venturi based AirPrime System. The AirPrime is more efficient and reliable than the conventional electric motor driven primers, and virtually eliminates the impact load on the vehicles electrical system improving the reliability of the vehicle. AirPrime also improves performance in the elapsed time for establishing water supply resulting in improved fire ground operations and safety. The primer shall be capable of priming the pump through a 20' section of suction hose with a 10' lift within 30 seconds for pumps less than 1,500 gpm, and 45 seconds for pumps 1,500 gpm and larger. PRESSURE GOVERNOR and ENGINE MONITORING DISPLAY A Fire Research PumpBoss series PBA401-D00 pressure governor and monitoring display kit shall be installed. The kit shall include a control module, intake pressure sensor, discharge pressure sensor, and cables. The control module case shall be waterproof and have dimensions not to exceed 6 3/4" high by 4 5/8". The control knob shall be 2" in diameter with no mechanical stops, have a serrated grip, and a red idle push button in the center. It shall not extend more than 1 3/4" from the front of the control module. Inputs for monitored engine information and outputs for engine control shall be on the J1939 databus. Inputs from the pump discharge and intake pressure sensors shall be electrical. The following continuous displays shall be provided: • Engine RPM; shown with four daylight bright LED digits more than 1/2" high • Check engine and stop engine warning LEDs • Engine oil pressure; shown on a dual color (green/red) LED bar graph display • Engine coolant temperature; shown on a dual color (green/red) LED bar graph display • Transmission Temperature: shown on a dual color (green/red) LED bar graph display • Battery voltage; shown on a dual color (green/red) LED bar graph display • Pressure and RPM operating mode LEDs • Pressure / RPM setting; shown on a dot matrix message display • Throttle ready LED. A dot-matrix message display shall show diagnostic and warning messages as they occur. It shall show monitored apparatus information, stored data, and program options when selected by the operator. All LED intensity shall be automatically adjusted for day and night time operation. The program shall store the accumulated operating hours for the pump and engine to be displayed with the push of a button. It shall monitor inputs and support audible and visual warning alarms for the following conditions: • High Battery Voltage • Low Engine Oil Pressure • Low Battery Voltage (Engine Off) • High Engine Coolant Temperature • Low Battery Voltage (Engine Running) • Out of Water (visual alarm only) 569 SVI Trucks 10/10/24 Page 122 of 134 • High Transmission Temperature • No Engine Response (visual alarm only). The program features shall be accessed via push buttons located on the front of the control module. There shall be a USB port located at the rear of the control module to upload future firmware enhancements. The governor shall operate in two control modes, pressure and RPM. No discharge pressure or engine RPM variation shall occur when switching between modes. A throttle ready LED shall light when the interlock signal is recognized. The governor shall start in pressure mode and set the engine RPM to idle. In pressure mode the governor shall automatically regulate the discharge pressure at the level set by the operator. In RPM mode the governor shall maintain the engine RPM at the level set by the operator except in the event of a discharge pressure increase. The governor shall limit a discharge pressure increase in RPM mode to a maximum of 30 psi. Other safety features shall include recognition of no water conditions with an automatic programmed response and a push button to return the engine to idle. ENGINE GAUGES The cab/chassis engine gauges shall be provided with the specified pump pressure governor system. 5" SUCTION INLET - STREETSIDE One (1) 5" (125 mm) un-gated suction intake shall be installed on the streetside pump panel to supply the fire pump from an external water supply. The threads shall be 5" NHM threads. The suction fittings shall include a removable die-cast screen to provide cathodic protection for the pump thus reducing corrosion. SUCTION CAP The suction inlet shall be equipped with a 5" NH chrome plated, long handled, aluminum, cap capable of withstanding 500 psi. HEAT EXCHANGER A heat exchanger system shall not be provided for the pump driving engine. INTAKE RELIEF VALVE An Akron Brass model 53 intake pressure relief valve shall be provided. The intake pressure relief valve shall have a flange to allow mounting to a 4-bolt pump intake flange. The unit shall be adjustable from 50 to 250 psi and be factory set at 125 psi. Provisions for adjusting or servicing the valve {will/shall} be provided. The relief outlet shall be directed below the pump with the discharge terminating in a 2-1/2" NSTM connection. The discharge shall be away from the pump operator and labeled "DO NOT CAP". INTAKE RELIEF VALVE: DISCHARGE LOCATION The above intake relief valve(s) shall be plumbed to discharge to the ground, below apparatus and away from the operators area terminating in a 2-1/2" NSTM connection. The discharge shall be labeled "DO NOT CAP". 570 SVI Trucks 10/10/24 Page 123 of 134 HOSE THREADS Hose threads shall be National Standard (NST) on all base threads on the apparatus intakes and discharges, unless otherwise specified. (NST and NH are the same thread) PLUMBING SPECIFICATIONS The fire pump plumbing system shall be fabricated with rigid stainless steel and or flexible piping with stainless steel fittings. Victaulic couplings shall be installed to permit flexing of the plumbing system and allow for quick removal of piping or valves for service. Flexible hose couplings shall be threaded stainless steel or Victaulic connections. The fire pump and plumbing shall be hydrostatically tested in compliance to applicable sections of NFPA standards, with test results submit with the delivery documentation. STAINLESS STEEL INTAKE MANIFOLD The suction manifold assembly shall be fabricated with Schedule 10 type 304 stainless steel. All threaded fittings shall be a minimum of Schedule 10 stainless steel. The suction manifold assembly shall have radiused sweep elbows to minimize water turbulence into the suction volute. The suction manifold shall be welded and pressure tested prior to installation. The stainless steel manifold assembly shall be attached to the pump intake volute with a heavy-duty, flexible Victaulic coupling. The entire intake piping system, valves, bleeder valves, and intake closures, excluding the tank-to-pump line on the tank side of the valve, shall be capable of withstanding a hydrostatic pressure of 250 psi (1700 kPa). STAINLESS STEEL DISCHARGE MANIFOLD The discharge manifold assembly shall be fabricated with Schedule #10 type 304 stainless steel. All threaded fittings shall be a minimum of Schedule 10 stainless steel. The discharge manifold assembly shall have radiused sweep elbows to minimize water turbulence into the discharge header. The manifold shall be welded and pressure tested prior to installation. The stainless steel manifold assembly shall be attached to the pump intake volute with a heavy-duty, flexible Victaulic coupling. The entire discharge piping system; valves; drain cocks; and outlet closures, excluding the tank fill line on the tank side of the valve and CAF system piping and components that include valves that permit isolation from discharge pressure, shall be capable of withstanding a hydrodynamic discharge pressure of 500 psi (3400 kPa) or 100 psi (700 kPa) over the maximum discharge pressure capability rating of the pump, whichever is greater. PLUMBING SYSTEM FINISH The plumbing system shall not be painted. The piping and valves shall remain natural color. STAINLESS STEEL PLUMBING WARRANTY The stainless steel plumbing shall be free of defects in material and workmanship for a period of ten (10) years, or 100,000 miles (or 160,934 kilometers), whichever occurs first, starting thirty (30) days after the original invoice date. The contractor shall supply details of their warranty information with their bid submission. 571 SVI Trucks 10/10/24 Page 124 of 134 INTAKES The pump shall have a sufficient number and size of intakes to perform the apparatus pump system certification test. If the couplings on the suction hose carried on the apparatus are of a different size from that of the pump intake(s) or have means of hose attachment other than that provided on the intake(s), an adapter(s) shall be provided to allow connection of the suction hose to the pump intake(s). Safety sign FAMA25, which warns of the need for training prior to operating the apparatus, shall be located on pump operator's panel. Label shall be in both English/French for units built for Canada; WARNING: Death or serious injury might occur if proper operating procedures are not followed. The pump operator as well as individuals connecting supply or discharge hoses to the apparatus must be familiar with water hydraulics hazards and component limitations. AVERTISSEMENT: La mort et de graves blessures peuvent survenir si la marche à suivre pour l’utilisation adéquate n’est pas effectuée. L’opérateur de la pompe, ainsi que les personnes qui raccordent les tuyaux d’alimentation et de refoulement à l’engin, doivent être familières avec le manuel de l’opérateur, les dangers liés à l’hydraulique et les restrictions relatives aux composantes. Each intake shall have a removable or accessible strainer inside the connection. The strainer(s) shall restrict spherical debris that is too large to pass through the pump. At least one (1) valved intake shall be provided that can be controlled from the pump operator’s position. The valve and piping shall be a minimum 2-1/2 in. (65 mm) nominal size. If the intake is 2-1/2 in. (65 mm) nominal size, the intake shall be equipped with a female swivel coupling with NH threads. Any 3 in. (75 mm) or larger intake valve except the tank-to-pump intake valve shall be a slow-operating valve. Each valved intake shall be equipped with a bleeder valve having a minimum 3/4 in. (19 mm) pipe thread connection to bleed off air or water. The bleeder valve shall be operational without the operator having to get under the apparatus. If a valved appliance is attached to an intake, it shall be equipped with a 3/4 in. (19 mm) bleeder valve on each intake. Bleeder valves for valved intakes 4 in. (100 mm) and larger not located at the pump operator’s panel shall be located where the bleeder valve controls are visible and operationally functional while the operator remains stationary at the valved intake position. Each valved intake having a connection size larger than 3 in. (75 mm) shall be equipped with an adjustable automatic pressure relief device installed on the supply side of the valve to bleed off pressure from a hose connected to the valved intake. The automatic pressure relief device shall be adjustable from a minimum of 90 psi (620 kPa) to at least 185 psi (1275 kPa). The pressure relief device, when preset at 125 psi (860 kPa), shall not allow a pressure rise greater than 60 psi (400 kPa) at the device inlet while flowing a minimum of 150 gpm (570 L/min). The pressure relief device shall discharge to atmosphere. All intakes shall be provided with caps or closures capable of withstanding a hydrostatic gauge pressure of 500 psi (3400 kPa). Intakes having male threads shall be equipped with caps. Intakes having female threads shall be equipped with plugs. Where adapters for special threads or other means for hose attachment are provided on the intakes, closures shall be provided for the adapters in lieu of caps or plugs. Caps, plugs, or closures for 3-1∕2 in. (90 mm) and smaller intakes shall remain secured to the apparatus when removed from the intakes. If the suction inlets are to be equipped with a valve, Siamese, or adapter that will remain in place while the apparatus is in motion, that valve, Siamese, or adapter shall not project beyond the apparatus running board. The purchaser shall specify 572 SVI Trucks 10/10/24 Page 125 of 134 if any valve, Siamese, or adapter is to be permanently installed on an intake and identify the brand and model of such item. The completed apparatus shall have the following intake(s); 2-1/2" INTAKE, STREETSIDE There shall be one (1) 2-1/2" (65 mm) gated intake(s) located on pump panel. Each intake shall include: • One (1) Akron Brass 8800 series Gen II, manual type 2-1/2" (65 mm) valve(s), Stainless Steel ball with HydroMax technology. Each valve shall be equipped with a Class 1 stainless steel weld type valve adapter on inlet side, and discharge side with drain port. − Valve(s) shall be controlled with a chrome handle directly connected to valve. • Color Code: BURGUNDY. • Each intake shall have a 2-1/2" (65 mm) NSTF chrome swivel adapter with strainer provided. − The specified adapter shall be provided with a 2-1/2" (65 mm) NSTM chrome plated plug with chain. • One (1) Innovative Controls model 3003000, ¾” brass 90 degree ball type drain valve(s) with lift type handle which can be opened under pressure, with color coded label shall be provided. Valve(s) shall be located on lower pump panel and drain the lowest point in the plumbing. DIRECT TANK FILL No direct tank fill will be provided. Tank will be filled through the pump and standard tank fill valve. TANK TO PUMP CHECK VALVE There shall be a check valve between the pump suction and the booster tank valve. The check valve shall eliminate back flow into the water tank when the pump is connected to a pressurized source. TANK TO PUMP VALVE A 3" (75 mm) full flow valve shall be installed between the fire pump and the water tank. The connection between the tank and the pump shall be capable of the flow recommendations as set forth in the latest edition of NFPA 1901. A non collapsible flexible hose shall be incorporated into the tank to pump plumbing to allow movement in the line as the chassis flexes to avoid damage during normal road operation. The tank to pump valve shall be controlled from the pump operator's panel and labeled "TANK TO PUMP". The tank to pump valve shall be as follows; • Label: TANK TO PUMP • An Akron Brass 8830 Gen II slow-operating, manual type 3" (75 mm) valve(s), stainless steel ball with HydroMax technology tank to pump valve shall be provided. Each valve shall be equipped with a Class 1 stainless steel weld type valve adapter on inlet side, and discharge side. 573 SVI Trucks 10/10/24 Page 126 of 134 − Valve(s) shall be controlled with a push/pull type chromed "T" handle connected to the valve located at pump panel. • Color Code: GREEN. DISCHARGES A minimum of three (3) 2-1/2 in. (65 mm) outlets shall be provided on any pump rated at 750 gpm (3000 L/min) or greater, and a minimum of one (1) 2-1/2 in. (65 mm) outlet shall be provided on any pump rated at less than 750 gpm (3000 L/min). The piping and valves supplying any preconnected 1-1/2 in. (38 mm), 1-3/4 in. (45 mm), or 2 in. (52 mm) hose line, including the piping to the preconnected hose storage areas shall be at least 2 in. (52 mm) in size. All discharge outlet connections, except connections to which a hose will be preconnected, shall be equipped with caps or closures capable of withstanding a hydrostatic gauge pressure of 100 psi (700 kPa) over the maximum pump close-off pressure or 500 psi (3400 kPa), whichever is greater. Where adapters are provided on the discharge outlet connections, the closures shall fit on the adapters. Caps or closures for outlet connections smaller than 4 in. (100 mm) shall remain secured to the apparatus when removed from the connection. Each discharge outlet shall be equipped with a valve that can be opened and closed smoothly at pump discharge gauge pressures of 250 psi (1700 kPa). The flow-regulating element of each valve shall not change its position under any condition of operation that involves discharge pressures to the maximum pressure of the pump. The means to prevent a change in position shall be incorporated in the operating mechanism and shall be permitted to be manually or automatically controlled. Any 3 in. (75 mm) or larger discharge valve shall be a slow-operating valve. All 1-1/2 in. (38 mm) or larger discharge outlets shall be equipped with a drain or bleeder valve having a minimum 3/4 in. (19 mm) pipe thread connection for draining or bleeding off pressure from a hose connected to the outlet. Any 2-1∕2 in. (65 mm) or larger discharge outlet that is located more than 42 in. (1070 mm) above the ground and to which a hose is to be connected, but that is not in a hose storage area, shall be equipped with a sweep elbow of at least 30 degrees downward. The completed apparatus shall have the following discharge(s); FRONT DISCHARGE FRONT DISCHARGE (STREETSIDE) A front bumper discharge shall be provided with chrome swivel elbow mounted atop front bumper apron. • Label: FRONT BUMPER DISCHARGE. 574 SVI Trucks 10/10/24 Page 127 of 134 • One (1) of the discharge(s) shall flow water only. • One (1) Akron Brass 8900 series Gen II, manual type 2" (52 mm) valve(s), Stainless Steel ball with HydroMax technology. Each valve shall be equipped with a Class 1 stainless steel weld type valve adapter on inlet side, and discharge side with drain port. − Valve(s) shall be controlled with a push/pull type chromed "T" handle connected to the valve located at pump panel. Valve control shall have a ICI chrome bezel with incorporated analog pressure gauge. • Color Code: RED. • One (1) Innovative Controls NoShok 2-1/2" liquid filled gauge(s) with blue LED backlighting activated with pump engagement. − Gauge(s) shall have a white background with black text. − Gauge(s) shall have a range from 0 to 400 PSI. • There shall be a 2" (52 mm) VFC x 1-1/2" (38 mm) NSTM brass or chrome plated 90 degree swivel elbow provided for each discharge. • Two (2) Innovative Controls model 3003000, ¾” brass 90 degree ball type drain valve(s) with lift type handle which can be opened under pressure, with color coded label shall be provided. Valve(s) shall be located on lower pump panel and drain the lowest point in the plumbing. STREETSIDE DISCHARGE STREETSIDE DISCHARGE #1 • Label: DISCHARGE #1. • One (1) of the discharge(s) shall flow water only. • One (1) Akron Brass 8800 series Gen II, manual type 2-1/2" (65 mm) valve(s), Stainless Steel ball with HydroMax technology. Each valve shall be equipped with a Class 1 stainless steel weld type valve adapter on inlet side, and discharge side with drain port. − Valve(s) shall be controlled with a push/pull type chromed "T" handle connected to the valve located at pump panel. Valve control shall have a ICI chrome bezel with incorporated analog pressure gauge. • Color Code: BLACK. • One (1) Innovative Controls NoShok 2-1/2" liquid filled gauge(s) with blue LED backlighting activated with pump engagement. − Gauge(s) shall have a white background with black text. − Gauge(s) shall have a range from 0 to 400 PSI. − The specified elbow shall be provided with a 2-1/2" (65 mm) NSTF chrome plated cap with chain. 575 SVI Trucks 10/10/24 Page 128 of 134 • One (1) Innovative Controls model 3003000, ¾” brass 90 degree ball type drain valve(s) with lift type handle which can be opened under pressure, with color coded label shall be provided. Valve(s) shall be located on lower pump panel and drain the lowest point in the plumbing. MISCELLANEOUS DISCHARGE DISCHARGE, SPEEDLAY #1 DISCHARGE, SPEEDLAY #2 There shall be a 2-1/2" [63mm] hose speedlay located in pump module or per itemized compartment list. The speedlay shall be transverse of the pump module or body with access from either side with necessary hose rollers. A fully removable hose load tray shall be utilized to allow hose loading outside of speedlay then slide loaded tray into position. A swivel elbow discharge shall be located at speedlay, outboard as far as possible. • Hose capacity shall be 200' of 1-3/4" hose. • Label: NO. 1 SPEEDLAY. • One (1) of the discharge(s) shall flow water only. • One (1) Akron Brass 8800 series Gen II, manual type 2-1/2" (65 mm) valve(s), Stainless Steel ball with HydroMax technology. Each valve shall be equipped with a Class 1 stainless steel weld type valve adapter on inlet side, and discharge side with drain port. − Valve(s) shall be controlled with a push/pull type chromed "T" handle connected to the valve located at pump panel. Valve control shall have a ICI chrome bezel with incorporated analog pressure gauge. • Color Code: WHITE. • One (1) Innovative Controls NoShok 2-1/2" liquid filled gauge(s) with blue LED backlighting activated with pump engagement. − Gauge(s) shall have a white background with black text. − Gauge(s) shall have a range from 0 to 400 PSI. • There shall be a 2-1/2" (65 mm) NSTF x 1-1/2" (38 mm) NSTM chrome plated rigid adapter provided for discharge(s). − The specified elbow shall be provided with a 1-1/2" (38 mm) NSTF chrome plated cap with chain. • One (1) Innovative Controls model 3003000, ¾” brass 90 degree ball type drain valve(s) with lift type handle which can be opened under pressure, with color coded label shall be provided. Valve(s) shall be located on lower pump panel and drain the lowest point in the plumbing. 576 SVI Trucks 10/10/24 Page 129 of 134 DISCHARGE, SPEEDLAY #2 DISCHARGE, SPEEDLAY #2 There shall be a 2-1/2" [63mm] hose speedlay located in pump module or per itemized compartment list. The speedlay shall be transverse of the pump module or body with access from either side with necessary hose rollers. A fully removable hose load tray shall be utilized to allow hose loading outside of speedlay then slide loaded tray into position. A swivel elbow discharge shall be located at speedlay, outboard as far as possible. • Hose capacity shall be 200' of 2-1/2" hose. • Label: NO. 2 SPEEDLAY. • One (1) of the discharge(s) shall flow water only. • One (1) Akron Brass 8800 series Gen II, manual type 2-1/2" (65 mm) valve(s), Stainless Steel ball with HydroMax technology. Each valve shall be equipped with a Class 1 stainless steel weld type valve adapter on inlet side, and discharge side with drain port. − Valve(s) shall be controlled with a push/pull type chromed "T" handle connected to the valve located at pump panel. Valve control shall have a ICI chrome bezel with incorporated analog pressure gauge. • Color Code: BLUE. • One (1) Innovative Controls NoShok 2-1/2" liquid filled gauge(s) with blue LED backlighting activated with pump engagement. − Gauge(s) shall have a white background with black text. − Gauge(s) shall have a range from 0 to 400 PSI. • One (1) Innovative Controls model 3003000, ¾” brass 90 degree ball type drain valve(s) with lift type handle which can be opened under pressure, with color coded label shall be provided. Valve(s) shall be located on lower pump panel and drain the lowest point in the plumbing. TANK FILL VALVE There shall be one (1) 1-1/2" (38mm) tank fill valve plumbed with 1-1/2" plumbing from the pump to the tank. Installation shall be completed with 1-1/2" rubber hose and stainless steel hose couplings. The tank fill valve shall be controlled from the operator's control panel. • Label: TANK FILL • One (1) Akron Brass 8800 series Gen II, manual type 1-1/2" (38 mm) valve, Stainless Steel ball with HydroMax technology. Each valve shall be equipped with a Class 1 stainless steel weld type valve adapter on inlet side, and discharge side with drain port. − Valve(s) shall be controlled with a push/pull type chromed "T" handle connected to the valve located at pump panel. • Color Code: PURPLE. 577 SVI Trucks 10/10/24 Page 130 of 134 PUMP PANEL The rescue truck side mount pump control panel shall be hinged, or bolted in place allowing it to be easily removed to gain access to plumbing components. The pump controls shall be mounted on an aluminum control panel with a black powdercoat painted finish. PUMP PANEL LOCATION The pump control panel shall be located as per the itemized compartment list. The pump panel shall include the following items; PUMP PANEL ACCESS The pump panel shall be covered by the compartment roll-up door which shall protect the pump control panel from the environment. MASTER INTAKE/PRESSURE GAUGES There shall be one (1) Innovative Controls/NoShok 4" liquid filled gauge to display the Master Intake Pressure, and labeled "PUMP INTAKE". There shall be one (1) Innovative Controls/NoShok 4" liquid filled gauge to display the Master Discharge Pressure. Gauge shall be labeled "PUMP DISCHARGE". Both gauges shall have a die cast zinc, chrome plated bezel and color-coded. The left side (Pump Intake) bezel shall be color coded red, and the right side (Pump Discharge) bezel shall be colored black. A test gauge port manifold shall be integrated into lower center bezel. − Gauge(s) shall have a white background with black text. − Gauge(s) shall have a range from -30" to 400 PSI. PUMP SAFETY AND TEST LABELS Safety, information, data, and instruction labels for apparatus shall be provided and installed at the operator's instrument panel. The labels shall include rated capacities, pressure ratings, and engine speeds as determined by the certification tests. The no-load governed speed of the engine, as stated by the engine manufacturer, shall also be included. The labels shall be provided with all information and be attached to the apparatus prior to delivery. PUMP PANEL - RADIO HEAD & SPEAKER MOUNTING The pump operator's panel shall not have a radio head and speaker mounted. 578 SVI Trucks 10/10/24 Page 131 of 134 POLY WATER TANK The water tank capacity shall be approximately 300 US gallon or 249 Imperial gallons. Certification of the tank capacity shall be recorded on the manufacturer's record of construction and shall be provided to the purchaser upon delivery of the apparatus. CONSTRUCTION The water tank shall be of a specific configuration and designed to be completely independent of the body and to incorporate the lowest possible Center of Gravity. The transverse and longitudinal baffles shall be manufactured of a minimum of 3/8" polypropylene. All baffles shall be properly vented to permit movement of air and water between compartments. All baffles shall interlock with one another and are completely fused to each other as well as to the walls of the tank. All partitions and spacing shall comply with NFPA 1901. All exterior walls and interior baffles shall be welded to the floor of the tank. Tolerances in design allow for a maximum variation of 1/8” on all dimensions. All poly sheeting utilized in the construction of the tank shall be of a textured finish. WATER FILL TOWER AND COVER The tank shall have a combination vent and manual fill tower. The fill tower shall be constructed of 1/2" polypropylene sheet and shall have a minimum outside dimension of 8" (203mm) x 8" (203mm). The tower shall have a 1/4" thick removable polypropylene screen and a polypropylene hinged cover. The fill tower cover shall include a Label “WATER ONLY” that is blue in color with white letters indicating that it is a water-only fill tower. Inside the fill tower there shall be a combination vent/overflow pipe. The vent overflow shall be a minimum of schedule 40 polypropylene pipe with a minimum I.D. of 4" that is designed to run through the tank and shall be piped to discharge water behind the rear wheels as required in NFPA 1901 so as too not interfere with rear tire traction. The discharge of the overflow/vent shall be threaded to allow for a fitting and hose to be installed and routed below the fuel tank or rear axle to prevent flooding. SUMP The sump shall be constructed of a minimum of 1/2" polypropylene. When a front suction is required, a 3" schedule 40 polypropylene pipe shall be installed that will incorporate a dip tube from the front of the tank to the sump location. The sump shall have a minimum 3" N.P.T. threaded outlet on the bottom for a drain plug per NFPA. This shall be used as a combination clean-out and drain. All tanks shall have an anti-swirl plate located approximately 3” above the inside floor. THREADED PORTS There will be three (3) standard threaded Ports: one for the tank-to-pump suction Line, one for tank fill line and a one for a water level sensor. All threads shall be of National Pipe Taper specification unless otherwise specified. MOUNTING AND SUPPORT The tank shall be mounted to the sub-frame of the body with a barrier of ¼” rubber between tank and any frame material. The rubber Isolator shall have a Rockwell rating of 60 durometer. The frame / cradle shall support the entire floor including the perimeter of the tank with a maximum unsupported area of 529 square inches (.341 sq m) for tanks equal to or less than 40” (1016 mm) tall and 400 square inches (.258 sq m) for tanks greater than 40” (1016 mm) tall. BOOSTER TANK REFILL SYSTEM A booster tank refill system shall not be provided. 579 SVI Trucks 10/10/24 Page 132 of 134 WATER TANK LEVEL GAUGE There shall be one (1) Fire Research TankVision Pro model WLA300-A00 tank indicator level gauge provided and installed. The kit shall include an electronic indicator module, a pressure sensor, and a 10' sensor cable. The indicator shall show the volume of water in the tank on nine (9) easy to see super bright RGB LEDs. A wide view lens over the LEDs shall provide for a viewing angle of 180 degrees. The indicator case shall be waterproof, manufactured of Polycarbonate/Nylon material, and have a distinctive blue label. The program features shall be accessed from the front of the indicator module. The program shall support self-diagnostics capabilities, self-calibration, six (6) programmable colored light patterns to display tank volume, adjustable brightness control levels and a datalink to connect remote indicators. Low water warnings shall include flashing LEDs at 1/4 tank, down chasing LEDs when the tank is almost empty, and an output for an audio alarm. The indicator shall receive an input signal from an electronic pressure sensor. The sensor shall be mounted from the outside of the water tank near the bottom. No probe shall be placed on the interior of the tank. Wiring shall be weather resistant and have automotive type plug-in connectors. WATER TANK LEVEL INDICATOR Water tank level indicators shall not be provided on completed unit. POLY WATER TANK WARRANTY The poly water tank shall be provided with a lifetime material and workmanship limited warranty. The manufacturer shall supply details of their warranty information with their bid submission. FILL TOWER PROTECTION The fill tower(s) shall be boxed in with an aluminum panel for protection from damage. HOSE BED STORAGE AREA A hose bed storage area shall not be provided above water tank. 580 SVI Trucks 10/10/24 Page 133 of 134 EQUIPMENT PAYLOAD WEIGHT ALLOWANCE In compliance with NFPA 1901 standards, the special service vehicle shall be designed for an equipment loading allowance of 4,000 lbs. of Colony Fire Department provided equipment based on a 30,001 - 40,000 pound gross vehicle weight rating. EQUIPMENT The following equipment shall be furnished with the completed special service vehicle; • One (1) container of assorted stainless steel nuts, bolts, screws and washers used in the construction of the apparatus shall be provided with the completed apparatus. • There shall be two (2) Zico SAC-44-E NFPA approved folding aluminum wheel chocks provided for 44" diameter tires that together will hold the vehicle when loaded to its GVWR or GCWR, on a hard surface with a 20 % grade, with the transmission in neutral, and the parking brake released. − The wheel chock(s) shall be mounted behind rear wheels, below body on streetside. • One (1) Duo-Safety 900-A series 24' 2-section extension ladder(s) shall be provided with the completed unit. − The ladder(s) shall be located in the interior body seat bench compartment. • Two (2) Duo-Safety 775-DR series 14' aluminum double ended roof ladder(s) shall be provided with the completed unit. − The ladder(s) shall be located in specified ladder compartment. • One (1) Duo-Safety 701-10 10' aluminum attic ladder(s) shall be provided with completed unit. − The ladder(s) shall be located in the transverse chassis cab compartment. • One (1) Little Giant Super Duty ANSI Type 1AA, Model 17, 17' "A" frame type aluminum combination ladder(s) shall be provided with the completed unit. Folded size is 56" x 25" x 7.5", and weigh 40 pounds. − The ladder(s) shall be located in the chassis cab transverse compartment. • Two (2) Duo-Safety 10' fiberglass pike pole(s) shall be provided with the completed unit. These will need to be NY Hook with Pry End. − The above specified pike pole will not have a D handle attached − The pike pole(s) shall be mounted in the interior body under bench seat storage. • Two (2) Streamlight FireBox LED flashlight(s) with shoulder strap shall be provided be provided with 540/330 lumen output and 7/15 hour run time.. Each flashlight shall be orange in color and have a 12 volt DC charger and vehicle mount kit. Each flashlight shall have a LED E-Spot spotlight style bulbs and reflectors with 2 ultra-bright LED taillights. The flashlight(s) shall be wired to battery direct unless otherwise specified by Colony Fire Department. − The above specified flashlight(s) shall be Mounted at Final Inspection. 581 SVI Trucks 10/10/24 Page 134 of 134 REMAINING NFPA MINOR EQUIPMENT BY PURCHASER All other minor equipment not specified above, but required by NFPA 1901 for special service vehicles, section 10.9.3 shall be supplied and mounted by Colony Fire Department before the unit is placed in emergency service. 582 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - ______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO METRO FIRE APPARATUS SPECIALISTS, INC. FOR THE PURCHASE OF A SPARTAN/SVI WET RESCUE FIRE APPARATUS; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, hereby authorizes the City Manager to issue a purchase order to Metro Fire Apparatus Specialists, Inc. in the amount of $1,505.140.00 for the purchase of a Spartan/SVI Wet Rescue Fire Apparatus. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS 6th DAY OF NOVEMBER 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 583 Agenda Item No:5.7 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $4,063,160.00 with Quality Excavation, LLC for the Phase 14A Residential Street Reconstruction Project. (Hartline) Suggested Action: Background: City Council approved funding for the Phase 14A Street Reconstruction Project in the 2023-2024 budget. The next set of concrete residential streets to be constructed are listed below. King Drive – From Ramsey Drive to Gibson Drive Norris Drive – From Miller Drive to Paige Road Knox Drive – From Miller Drive to Paige Road The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement. Sidewalk and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater mains and street lights will also be replaced, as needed. The project bids were opened on September 18, 2024 and the lowest responsible bidder was Quality Excavation, LLC at a cost of $4,063,160.00. Quiddity Engineering, LLC, the Project Design Engineer, received positive feedback from representatives that have previously worked with the contractor including the City of Celina, City of Sanger, City of Watauga and City of The Colony Engineering Staff. Quiddity Engineering, LLC recommends approval of the contract with this company. See attached Engineering Recommendation Letter for additional information. With approval, the project is anticipated to start construction in November 2024 with an estimated completion in December 2025. Attachments: Location Map Certified Bid Tabulation Summary Engineering Recommendation Letter Existing Condition Photos Financial Summary 584 Res. 2024-xxx Quality Excavation, LLC.docx 585 6053 Main Street Main Pa ig e Nas h Baker Norris North Colony Blai r Oa ks Slay St rick la nd Roberts Gates Big River Jo y Crawford Glenview S o u t h C olo n y Pe mb erto n Adams Gibson Kno x Perrin John Yates Ash lo ckFryer Larner WagnerHale Pearce St an le y Cur r y Brandenburg Hetherington Phelps Powers Bedford Shannon Walk er B a rtlett K n i g h t Ramsey Miller King Young Ya ge r Keys Pettit Jen n in g s Gr iff in R a g a n A li s t e r Witt Overland Rock Canyon Rockwood Green Hollow Darb y Thompson Watk in s Queen Rolling Hill Archer Kisor Ma ts on Cole M e m o rial Marsh Buc ks ki n M a y e s Augusta Iv ySutton Freeman Bra nchwood Clover Valley Day Spring T a ylo r Hendrix Pa inte r Mountain Valley Pruitt Lakeshore Lookout Bear Run Cook Wilshire Fisher Westwood Phoenix Landmark Creekdale Trailview Lake Ridge Fall River Foster EvansLa ke Vis ta H a m i l t o n G r a h a m M i d d l e t o n Merrell Wom a c k H a c k n e y C a r r i a g e Riverview Apache Eagle River Gilliam Hardaway Marks Crutchberry Santa Fe Hedgecoxe Overton Keller Pa wn e e C o c k r e l l Chow ni ng South Colony Main M e m o r i a l M a y e s Pa ig e µLocation MapPhase 14A Streets Reconstructionr Project Norris Dr. - From Miller Dr. to Paige Rd. Knox Dr. - From Miller Dr to Paige Rd. King Dr. - From Ramsey Dr. to Gibson Dr. 586 Bid Opening: September 18, 2024 VENDOR TOTAL AMOUNT OF BID BID BOND RECEIVED Bid Rated by Cost Aushill Construction LLC 4,529,901.50$ Y 2 Axis Contracting 7,296,571.28$ Y 4 Quality Excavation LLC 4,063,160.00$ Y 1 Tiseo Paving Co 5,548,547.96$ Y 3 DATE:September 27, 2024 Consultant Signature: Consultant Print Name: RFB 69-24-11 PHASE 14A STREET RECONSTRUCTION BID TABULATION for CITY OF THE COLONY Brian P. Dobiyanski, PE 587 Dallas Parkway, Suite 600 Plano, Texas 75093 Tel: 972.488.3880 www.quiddity.com Texas Board of Professional Engineers Registration No. F-439 | Texas Board of Professional Land Surveying Registration No. 10046106 October 8, 2024 Mr. Ronald Hartline, PE Director of Engineering City of the Colony 6800 Main Street The Colony, Texas 75056 Re: Bid Number 69-24-11 Phase 14A Street Reconstruction Recommendation of Award Dear Mr. Hartline: Quiddity Engineering, LLC assisted the City of The Colony in receiving bids for the above referenced project on September 18, 2024, at 1:00 P.M. Bids were publicly opened and read aloud at that time. Four (4) contractors submitted bids for this work. A Bid Tabulation is enclosed for your review. Considering the bids received, Quality Excavation, LLC submitted the lowest bid in the amount of $4,063,160.00. While we have not worked with Quality Excavation, LLC, we contacted the City of Celina, City of Sanger, and City of Watauga, as references and determined that their experience on recent similar projects makes Quality Excavation, LLC an acceptable contractor for this project. Additionally, The City of The Colony has awarded Quality Excavation, LLC similar projects: Phase 8 and Phase7 Street Reconstruction, Memorial Drive Widening from Worley to South Colony Boulevard and Memorial Drive Widening at Blair Oaks Drive and Blair Oaks Drive Intersection Improvements. Robert Kotasek stated that Quality Excavation, LLC has done a satisfactory job on all the past City’s projects. Quality’s project superintendent and office staff on those mentioned past projects were always responsive on handling any issues or questions from the City. They completed all projects in a timely and professional manner, on schedule and with no payment issues or liens. He stated that Quality Excavation has the capability to construct this project based on their previous work on City of The Colony projects and that they would continue to recommend awarding them future projects based on past projects performance. Based on these findings, we recommend the referenced contract be awarded to Quality Excavation, LLC based on their bid in the amount of $4,063,160.00. Please advise should you have any questions or require further information regarding this matter. Respectfully, Brian P. Dobiyanski, PE Project Manager Enclosure: As Stated K:\11090\11090-0002-02 The Colony Phase 14A Concrete Streets Reconstruction\Project Management\Deliverables\Engineering\20241007 ROA\The Colony - Phase 14A Streets Reconstruction ROA 20241008.doc 588 Bid Opening: September 18, 2024 VENDOR TOTAL AMOUNT OF BID BID BOND RECEIVED Bid Rated by Cost Aushill Construction LLC 4,529,901.50$ Y 2 Axis Contracting 7,296,571.28$ Y 4 Quality Excavation LLC 4,063,160.00$ Y 1 Tiseo Paving Co 5,548,547.96$ Y 3 DATE:September 27, 2024 Consultant Signature: Consultant Print Name: RFB 69-24-11 PHASE 14A STREET RECONSTRUCTION BID TABULATION for CITY OF THE COLONY Brian P. Dobiyanski, PE 589 BID TABULATION DATE: SEPTEMBER 18, 2024 AT 1:00 P.M. ENGINEER: QUIDDITY ENGINEERING, LLC BID NO. 69-24-11 QE NO. 11090-0002-02 ITEM PLAN NO.QUANTITY SECTION I - KING DRIVE Sub-Section IA - Paving 1. Construction Staking L.S. 1 $11,734.00 $11,734.00 $6,000.00 $6,000.00 $34,500.00 $34,500.00 $3,500.00 $3,500.00 2.Barricades, Warning and Detour Signs, and Fences L.S. 1 $12,533.00 $12,533.00 $10,000.00 $10,000.00 $57,800.00 $57,800.00 $11,240.33 $11,240.33 3. Joint Storm Water Pollution Prevention Plan L.S. 1 $2,568.00 $2,568.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $2,575.84 $2,575.84 4. Inlet Protection EA. 2 $167.00 $334.00 $250.00 $500.00 $385.00 $770.00 $200.00 $400.00 5. Solid Sod S.Y. 1,582 $18.00 $28,476.00 $12.00 $18,984.00 $15.95 $25,232.90 $15.95 $25,232.90 6. Mobilization and General Site Preparation L.S. 1 $88,211.00 $88,211.00 $70,000.00 $70,000.00 $61,900.00 $61,900.00 $111,666.67 $111,666.67 7. Sawcut and Remove Existing Concrete Pavement and Flatwork S.F. 44,019 $2.00 $88,038.00 $2.50 $110,047.50 $1.96 $86,277.24 $1.30 $57,224.70 8. Street Repair for Utility Trench S.F. 685 $11.00 $7,535.00 $20.00 $13,700.00 $15.13 $10,364.05 $16.50 $11,302.50 9. Remove Existing Inlet (various sizes) EA. 2 $631.00 $1,262.00 $1,000.00 $2,000.00 $2,310.00 $4,620.00 $1,500.00 $3,000.00 10. Remove Existing Tree EA. 6 $1,600.00 $9,600.00 $1,000.00 $6,000.00 $1,452.45 $8,714.70 $2,300.00 $13,800.00 11. Unclassified Street Excavation C.Y. 213 $30.00 $6,390.00 $20.00 $4,260.00 $71.95 $15,325.35 $71.00 $15,123.00 12. Embankment C.Y. 151 $27.00 $4,077.00 $35.00 $5,285.00 $22.69 $3,426.19 $65.00 $9,815.00 13. 6-inch Thick Type A, Grade 1 or 2 Flex Base S.Y. 3,619 $25.00 $90,475.00 $25.00 $90,475.00 $38.81 $140,453.39 $27.00 $97,713.00 14. 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Pavement S.Y. 3,345 $66.00 $220,770.00 $90.00 $301,050.00 $81.50 $272,617.50 $95.00 $317,775.00 15.6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Driveway S.Y. 354 $86.00 $30,444.00 $90.00 $31,860.00 $116.05 $41,081.70 $135.00 $47,790.00 16. 7-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Alley Approach and Alley Pavement S.F. 354 $36.00 $12,744.00 $10.00 $3,540.00 $13.70 $4,849.80 $145.00 $51,330.00 17. 4-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Barrier- Free Ramp (Type 7 Modified) EA. 2 $3,193.00 $6,386.00 $3,000.00 $6,000.00 $2,860.00 $5,720.00 $1,850.00 $3,700.00 18. 4-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Barrier- Free Ramp (Type 1) EA. 2 $3,193.00 $6,386.00 $3,000.00 $6,000.00 $2,750.00 $5,500.00 $1,850.00 $3,700.00 19. 4-inch Thick, 4,000 psi Portland Cement Concrete for Sidewalks S.F. 7,515 $6.00 $45,090.00 $9.00 $67,635.00 $6.82 $51,252.30 $90.00 $676,350.00 20. 10' Curb Inlet EA. 2 $7,057.00 $14,114.00 $10,000.00 $20,000.00 $12,100.00 $24,200.00 $8,580.00 $17,160.00 21. Remove and Reinstall Existing Landscaping L.S. 1 $5,583.00 $5,583.00 $5,000.00 $5,000.00 $10,780.00 $10,780.00 $10,780.00 $10,780.00 22. Remove and Reinstall Existing Community Mailbox EA. 2 $369.00 $738.00 $2,000.00 $4,000.00 $1,000.00 $2,000.00 $2,000.00 $4,000.00 23. Tree Root Barrier L.F. 50 $89.00 $4,450.00 $20.00 $1,000.00 $44.00 $2,200.00 $44.00 $2,200.00 24. Pavement Markings and Signage L.S. 1 $3,177.00 $3,177.00 $1,000.00 $1,000.00 $2,392.50 $2,392.50 $3,679.50 $3,679.50 SUBTOTAL BID SUB-SECTION IA ITEMS 1 THRU 24 $701,115.00 $789,336.50 $879,477.62 $1,501,058.44 DESCRIPTION TOTAL AMOUNT BID NO. 4 AXIS CONTRACTING, INC. 9787 HELMS TRAIL FORNEY, TX 75126 UNIT PRICE TOTAL AMOUNT BID NO. 3 UNIT PRICE TISEO PAVING CO. P.O. BOX 270040 DALLAS, TX 75227 TOTAL AMOUNT OWNER: CITY OF THE COLONY BID NO. 1 QUALITY EXCAVATION, LLC 104 REDFEARN ROAD AUBREY, TX 76227 UNIT PROJECT: PHASE 14A STREET RECONSTRUCTION BID NO. 2 AUSHILL CONSTRUCTION, LLC 535 TALBERT DRIVE, SUITE 207 PLANO, TX 75093 TOTAL AMOUNT UNIT PRICE UNIT PRICE Page 1 Bid Tab 11090-0002-02 20240927 59 0 BID TABULATION DATE: SEPTEMBER 18, 2024 AT 1:00 P.M. ENGINEER: QUIDDITY ENGINEERING, LLC BID NO. 69-24-11 QE NO. 11090-0002-02 ITEM PLAN NO.QUANTITYDESCRIPTION TOTAL AMOUNT BID NO. 4 AXIS CONTRACTING, INC. 9787 HELMS TRAIL FORNEY, TX 75126 UNIT PRICE TOTAL AMOUNT BID NO. 3 UNIT PRICE TISEO PAVING CO. P.O. BOX 270040 DALLAS, TX 75227 TOTAL AMOUNT OWNER: CITY OF THE COLONY BID NO. 1 QUALITY EXCAVATION, LLC 104 REDFEARN ROAD AUBREY, TX 76227 UNIT PROJECT: PHASE 14A STREET RECONSTRUCTION BID NO. 2 AUSHILL CONSTRUCTION, LLC 535 TALBERT DRIVE, SUITE 207 PLANO, TX 75093 TOTAL AMOUNT UNIT PRICE UNIT PRICE Sub-Section IB - Water and Sanitary Sewer 1. Trench Safety for Water Lines L.F. 1,166 $2.00 $2,332.00 $2.00 $2,332.00 $1.10 $1,282.60 $1.10 $1,282.60 2.Remove and Salvage Existing Water Valve (various sizes)EA. 3 $285.00 $855.00 $900.00 $2,700.00 $220.00 $660.00 $220.00 $660.00 3. Remove and Salvage Existing Fire Hydrant EA. 2 $560.00 $1,120.00 $850.00 $1,700.00 $330.00 $660.00 $550.00 $1,100.00 4. Remove Existing Water Line (various sizes) L.F. 29 $29.00 $841.00 $32.00 $928.00 $15.40 $446.60 $30.80 $893.20 5. Abandon Existing Water Line (various sizes) L.F. 1,154 $11.00 $12,694.00 $1.00 $1,154.00 $2.20 $2,538.80 $22.00 $25,388.00 6. 8-inch AWWA C900 PVC DR 18 (Class 150), Water Line (open cut) L.F. 1,166 $79.00 $92,114.00 $100.00 $116,600.00 $134.20 $156,477.20 $95.70 $111,586.20 7. 8-inch Gate Valve EA. 6 $2,391.00 $14,346.00 $2,600.00 $15,600.00 $2,970.00 $17,820.00 $3,080.00 $18,480.00 8. Fire Hydrant Assembly EA. 3 $6,736.00 $20,208.00 $8,400.00 $25,200.00 $7,260.00 $21,780.00 $9,570.00 $28,710.00 9. Connect to Existing 8-inch Water Line EA. 3 $2,650.00 $7,950.00 $3,500.00 $10,500.00 $6,600.00 $19,800.00 $6,600.00 $19,800.00 10. Connect to Existing 6-inch Water Line EA. 0 $0.00 $0.00 $0.00 $0.00 $6,600.00 $0.00 $0.00 $0.00 11. 1-inch Water Service Line (short service) EA. 11 $1,070.00 $11,770.00 $1,700.00 $18,700.00 $3,080.00 $33,880.00 $1,870.00 $20,570.00 12. 1-inch Water Service Line (long service) in 2-inch PVC Sleeve EA. 9 $1,756.00 $15,804.00 $2,400.00 $21,600.00 $5,060.00 $45,540.00 $3,080.00 $27,720.00 13. Water Meter Box EA. 27 $420.00 $11,340.00 $250.00 $6,750.00 $440.00 $11,880.00 $66.00 $1,782.00 14. Trench Safety for Sanitary Sewer Lines L.F. 885 $2.00 $1,770.00 $3.00 $2,655.00 $1.10 $973.50 $1.10 $973.50 15.Remove Existing Sanitary Sewer Lines (various sizes)L.F. 915 $33.00 $30,195.00 $22.00 $20,130.00 $15.40 $14,091.00 $30.80 $28,182.00 16. Remove Existing Sanitary Sewer Manhole EA. 1 $1,136.00 $1,136.00 $1,800.00 $1,800.00 $2,310.00 $2,310.00 $550.00 $550.00 17. Remove Existing Sanitary Sewer Main Cleanout EA. 1 $878.00 $878.00 $1,500.00 $1,500.00 $1,320.00 $1,320.00 $302.50 $302.50 18. 8-inch PVC SDR 26 Sanitary Sewer (open cut) L.F. 865 $67.00 $57,955.00 $105.00 $90,825.00 $137.50 $118,937.50 $101.20 $87,538.00 19. 8-inch PVC SDR 26 Pressure Rated Sanitary Sewer (encased in 16" steel) L.F. 20 $490.00 $9,800.00 $250.00 $5,000.00 $298.10 $5,962.00 $244.20 $4,884.00 20. 8-inch PVC SDR 26 Pressure Rated Sanitary Sewer (160 psi)(open cut) L.F. 20 $383.00 $7,660.00 $150.00 $3,000.00 $149.60 $2,992.00 $102.30 $2,046.00 21. 4-foot Diameter Standard Sanitary Sewer Manhole (0 to 6-feet deep) EA. 1 $9,485.00 $9,485.00 $7,300.00 $7,300.00 $14,850.00 $14,850.00 $9,570.00 $9,570.00 22. 5-foot Diameter Standard Sanitary Sewer Manhole (0 to 6-feet deep) EA. 4 $12,230.00 $48,920.00 $10,000.00 $40,000.00 $18,260.00 $73,040.00 $12,760.00 $51,040.00 23. Extra Depth for Sanitary Sewer Manhole (various sizes) V.F. 18 $968.00 $17,424.00 $400.00 $7,200.00 $1,540.00 $27,720.00 $357.50 $6,435.00 24. 6-inch Sanitary Sewer Service Line with 4-inch wye (open cut) L.F. 312 $60.00 $18,720.00 $95.00 $29,640.00 $156.20 $48,734.40 $91.30 $28,485.60 25. 4-inch Sanitary Sewer Service Line (open cut) L.F. 98 $124.00 $12,152.00 $75.00 $7,350.00 $84.70 $8,300.60 $17.60 $1,724.80 26.4-inch Sanitary Sewer Service Line Beyond Right-of-Way (open cut)L.F. 20 $119.00 $2,380.00 $85.00 $1,700.00 $114.40 $2,288.00 $41.80 $836.00 27. Connect to Existing Sanitary Sewer Manhole EA. 1 $2,494.00 $2,494.00 $2,000.00 $2,000.00 $5,170.00 $5,170.00 $2,420.00 $2,420.00 28. Pre-Construction Television Inspection L.F. 915 $2.00 $1,830.00 $3.50 $3,202.50 $5.50 $5,032.50 $4.40 $4,026.00 29. Post-Construction Television Inspection L.F. 905 $2.00 $1,810.00 $3.50 $3,167.50 $2.20 $1,991.00 $3.30 $2,986.50 SUBTOTAL BID SUB-SECTION IB ITEMS 1 THRU 29 $415,983.00 $450,234.00 $646,477.70 $489,971.90 Sub-Section IC - Street Lights 1. Remove Existing Street Light Foundation EA. 2 $374.00 $748.00 $250.00 $500.00 $2,405.70 $4,811.40 $2,183.50 $4,367.00 2.Street Light Foundation EA. 3 $4,088.00 $12,264.00 $2,500.00 $7,500.00 $3,938.00 $11,814.00 $2,843.50 $8,530.50 3. 2-inch PVC Schedule 40 Conduit for Street Lights L.F. 530 $16.00 $8,480.00 $10.00 $5,300.00 $16.50 $8,745.00 $27.50 $14,575.00 4. 2-inch PVC Schedule 40 Conduit for Street Lights (by Bore) L.F. 0 $0.00 $0.00 $0.00 $0.00 $35.20 $0.00 $0.00 $0.00 5. Electric Hand Hole EA. 3 $1,327.00 $3,981.00 $2,300.00 $6,900.00 $1,307.90 $3,923.70 $2,365.00 $7,095.00 SUBTOTAL BID SUB-SECTION IC ITEMS 1 THRU 5 $25,473.00 $20,200.00 $29,294.10 $34,567.50 TOTAL BASE BID (SUB-SECTIONS IA, IB, AND IC) $1,142,571.00 $1,259,770.50 $1,555,249.42 $2,025,597.84 Page 2 Bid Tab 11090-0002-02 20240927 59 1 BID TABULATION DATE: SEPTEMBER 18, 2024 AT 1:00 P.M. ENGINEER: QUIDDITY ENGINEERING, LLC BID NO. 69-24-11 QE NO. 11090-0002-02 ITEM PLAN NO.QUANTITYDESCRIPTION TOTAL AMOUNT BID NO. 4 AXIS CONTRACTING, INC. 9787 HELMS TRAIL FORNEY, TX 75126 UNIT PRICE TOTAL AMOUNT BID NO. 3 UNIT PRICE TISEO PAVING CO. P.O. BOX 270040 DALLAS, TX 75227 TOTAL AMOUNT OWNER: CITY OF THE COLONY BID NO. 1 QUALITY EXCAVATION, LLC 104 REDFEARN ROAD AUBREY, TX 76227 UNIT PROJECT: PHASE 14A STREET RECONSTRUCTION BID NO. 2 AUSHILL CONSTRUCTION, LLC 535 TALBERT DRIVE, SUITE 207 PLANO, TX 75093 TOTAL AMOUNT UNIT PRICE UNIT PRICE SECTION II - NORRIS DRIVE Sub-Section IIA - Paving 1. Construction Staking L.S. 1 $10,813.00 $10,813.00 $6,000.00 $6,000.00 $34,500.00 $34,500.00 $3,500.00 $3,500.00 2.Barricades, Warning and Detour Signs, and Fences L.S. 1 $12,645.00 $12,645.00 $10,000.00 $10,000.00 $57,800.00 $57,800.00 $11,240.33 $11,240.33 3. Joint Storm Water Pollution Prevention Plan L.S. 1 $1,661.00 $1,661.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $2,575.84 $2,575.84 4. Inlet Protection EA. 0 $0.00 $0.00 $0.00 $0.00 $385.00 $0.00 $0.00 $0.00 5. Solid Sod S.Y. 2,008 $19.00 $38,152.00 $12.00 $24,096.00 $15.95 $32,027.60 $15.95 $32,027.60 6. Mobilization and General Site Preparation L.S. 1 $88,788.00 $88,788.00 $70,000.00 $70,000.00 $40,000.00 $40,000.00 $111,666.67 $111,666.67 7. Sawcut and Remove Existing Concrete Pavement and Flatwork S.F. 53,001 $2.00 $106,002.00 $2.50 $132,502.50 $1.97 $104,411.97 $1.30 $68,901.30 8. Street Repair for Utility Trench S.F. 1,046 $12.00 $12,552.00 $20.00 $20,920.00 $15.13 $15,825.98 $16.50 $17,259.00 9. Remove Existing Inlet (various sizes) EA. 0 $0.00 $0.00 $0.00 $0.00 $2,310.00 $0.00 $0.00 $0.00 10. Remove Existing Tree EA. 2 $1,577.00 $3,154.00 $1,000.00 $2,000.00 $1,451.25 $2,902.50 $6,900.00 $13,800.00 11. Unclassified Street Excavation C.Y. 213 $29.00 $6,177.00 $20.00 $4,260.00 $71.95 $15,325.35 $71.00 $15,123.00 12. Embankment C.Y. 151 $27.00 $4,077.00 $35.00 $5,285.00 $22.69 $3,426.19 $65.00 $9,815.00 13. 6-inch Thick Type A, Grade 1 or 2 Flex Base S.Y. 4,221 $26.00 $109,746.00 $25.00 $105,525.00 $39.00 $164,619.00 $27.00 $113,967.00 14. 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Pavement S.Y. 3,913 $65.00 $254,345.00 $90.00 $352,170.00 $81.50 $318,909.50 $95.00 $371,735.00 15.6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Driveway S.Y. 1,156 $83.00 $95,948.00 $90.00 $104,040.00 $116.05 $134,153.80 $135.00 $156,060.00 16. 7-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Alley Approach and Alley Pavement S.F. 0 $0.00 $0.00 $0.00 $0.00 $13.70 $0.00 $0.00 $0.00 17. 4-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Barrier- Free Ramp (Type 7 Modified) EA. 2 $1,971.00 $3,942.00 $3,000.00 $6,000.00 $2,860.00 $5,720.00 $1,850.00 $3,700.00 18. 4-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Barrier- Free Ramp (Type 1) EA. 0 $0.00 $0.00 $0.00 $0.00 $2,750.00 $0.00 $0.00 $0.00 19. 4-inch Thick, 4,000 psi Portland Cement Concrete for Sidewalks S.F. 10,015 $6.00 $60,090.00 $9.00 $90,135.00 $6.82 $68,302.30 $90.00 $901,350.00 20. 10' Curb Inlet EA. 0 $0.00 $0.00 $0.00 $0.00 $12,100.00 $0.00 $0.00 $0.00 21. Remove and Reinstall Existing Landscaping L.S. 1 $5,583.00 $5,583.00 $5,000.00 $5,000.00 $17,600.00 $17,600.00 $17,600.00 $17,600.00 22. Remove and Reinstall Existing Community Mailbox EA. 3 $369.00 $1,107.00 $2,000.00 $6,000.00 $1,000.00 $3,000.00 $2,000.00 $6,000.00 23. Tree Root Barrier L.F. 50 $89.00 $4,450.00 $20.00 $1,000.00 $44.00 $2,200.00 $44.00 $2,200.00 24. Pavement Markings and Signage L.S. 1 $2,004.00 $2,004.00 $1,000.00 $1,000.00 $2,392.50 $2,392.50 $2,524.50 $2,524.50 SUBTOTAL BID SUB-SECTION IIA ITEMS 1 THRU 24 $821,236.00 $950,933.50 $1,030,616.69 $1,861,045.24 Page 3 Bid Tab 11090-0002-02 20240927 59 2 BID TABULATION DATE: SEPTEMBER 18, 2024 AT 1:00 P.M. ENGINEER: QUIDDITY ENGINEERING, LLC BID NO. 69-24-11 QE NO. 11090-0002-02 ITEM PLAN NO.QUANTITYDESCRIPTION TOTAL AMOUNT BID NO. 4 AXIS CONTRACTING, INC. 9787 HELMS TRAIL FORNEY, TX 75126 UNIT PRICE TOTAL AMOUNT BID NO. 3 UNIT PRICE TISEO PAVING CO. P.O. BOX 270040 DALLAS, TX 75227 TOTAL AMOUNT OWNER: CITY OF THE COLONY BID NO. 1 QUALITY EXCAVATION, LLC 104 REDFEARN ROAD AUBREY, TX 76227 UNIT PROJECT: PHASE 14A STREET RECONSTRUCTION BID NO. 2 AUSHILL CONSTRUCTION, LLC 535 TALBERT DRIVE, SUITE 207 PLANO, TX 75093 TOTAL AMOUNT UNIT PRICE UNIT PRICE Sub-Section IIB - Water and Sanitary Sewer 1. Trench Safety for Water Lines L.F. 1,305 $2.00 $2,610.00 $2.00 $2,610.00 $1.10 $1,435.50 $1.10 $1,435.50 2.Remove and Salvage Existing Water Valve (various sizes)EA. 4 $285.00 $1,140.00 $900.00 $3,600.00 $220.00 $880.00 $220.00 $880.00 3. Remove and Salvage Existing Fire Hydrant EA. 3 $508.00 $1,524.00 $850.00 $2,550.00 $330.00 $990.00 $550.00 $1,650.00 4. Remove Existing Water Line (various sizes) L.F. 40 $26.00 $1,040.00 $32.00 $1,280.00 $15.40 $616.00 $30.80 $1,232.00 5. Abandon Existing Water Line (various sizes) L.F. 1,262 $12.00 $15,144.00 $1.00 $1,262.00 $2.20 $2,776.40 $22.00 $27,764.00 6. 8-inch AWWA C900 PVC DR 18 (Class 150), Water Line (open cut) L.F. 1,305 $86.00 $112,230.00 $100.00 $130,500.00 $137.50 $179,437.50 $91.30 $119,146.50 7. 8-inch Gate Valve EA. 6 $2,445.00 $14,670.00 $2,600.00 $15,600.00 $2,970.00 $17,820.00 $3,080.00 $18,480.00 8. Fire Hydrant Assembly EA. 4 $6,986.00 $27,944.00 $8,400.00 $33,600.00 $7,260.00 $29,040.00 $9,570.00 $38,280.00 9. Connect to Existing 8-inch Water Line EA. 2 $3,613.00 $7,226.00 $3,500.00 $7,000.00 $6,600.00 $13,200.00 $6,600.00 $13,200.00 10. Connect to Existing 6-inch Water Line EA. 0 $0.00 $0.00 $0.00 $0.00 $6,600.00 $0.00 $0.00 $0.00 11. 1-inch Water Service Line (short service) EA. 20 $922.00 $18,440.00 $1,700.00 $34,000.00 $3,080.00 $61,600.00 $1,870.00 $37,400.00 12. 1-inch Water Service Line (long service) in 2-inch PVC Sleeve EA. 11 $1,173.00 $12,903.00 $2,400.00 $26,400.00 $5,060.00 $55,660.00 $3,080.00 $33,880.00 13. Water Meter Box EA. 41 $420.00 $17,220.00 $250.00 $10,250.00 $440.00 $18,040.00 $66.00 $2,706.00 14. Trench Safety for Sanitary Sewer Lines L.F. 1,229 $2.00 $2,458.00 $3.00 $3,687.00 $1.10 $1,351.90 $1.10 $1,351.90 15.Remove Existing Sanitary Sewer Lines (various sizes)L.F. 1,260 $35.00 $44,100.00 $22.00 $27,720.00 $15.40 $19,404.00 $30.80 $38,808.00 16. Remove Existing Sanitary Sewer Manhole EA. 1 $1,136.00 $1,136.00 $1,800.00 $1,800.00 $2,310.00 $2,310.00 $550.00 $550.00 17. Remove Existing Sanitary Sewer Main Cleanout EA. 2 $449.00 $898.00 $1,500.00 $3,000.00 $1,320.00 $2,640.00 $302.50 $605.00 18. 8-inch PVC SDR 26 Sanitary Sewer (open cut) L.F. 1,229 $67.00 $82,343.00 $95.00 $116,755.00 $137.50 $168,987.50 $89.10 $109,503.90 19. 8-inch PVC SDR 26 Pressure Rated Sanitary Sewer (encased in 16" steel) L.F. 0 $0.00 $0.00 $0.00 $0.00 $298.10 $0.00 $0.00 $0.00 20. 8-inch PVC SDR 26 Pressure Rated Sanitary Sewer (160 psi)(open cut) L.F. 0 $0.00 $0.00 $0.00 $0.00 $149.60 $0.00 $0.00 $0.00 21. 4-foot Diameter Standard Sanitary Sewer Manhole (0 to 6-feet deep) EA. 6 $9,530.00 $57,180.00 $7,000.00 $42,000.00 $14,850.00 $89,100.00 $9,570.00 $57,420.00 22. 5-foot Diameter Standard Sanitary Sewer Manhole (0 to 6-feet deep) EA. 1 $12,282.00 $12,282.00 $10,000.00 $10,000.00 $18,260.00 $18,260.00 $12,760.00 $12,760.00 23. Extra Depth for Sanitary Sewer Manhole (various sizes) V.F. 9 $871.00 $7,839.00 $400.00 $3,600.00 $1,540.00 $13,860.00 $357.50 $3,217.50 24. 6-inch Sanitary Sewer Service Line with 4-inch wye (open cut) L.F. 470 $60.00 $28,200.00 $95.00 $44,650.00 $156.20 $73,414.00 $91.30 $42,911.00 25. 4-inch Sanitary Sewer Service Line (open cut) L.F. 200 $123.00 $24,600.00 $75.00 $15,000.00 $84.70 $16,940.00 $17.60 $3,520.00 26.4-inch Sanitary Sewer Service Line Beyond Right-of-Way (open cut)L.F. 20 $119.00 $2,380.00 $85.00 $1,700.00 $114.40 $2,288.00 $41.80 $836.00 27. Connect to Existing Sanitary Sewer Manhole EA. 0 $0.00 $0.00 $0.00 $0.00 $5,170.00 $0.00 $0.00 $0.00 28. Pre-Construction Television Inspection L.F. 1,260 $2.00 $2,520.00 $3.50 $4,410.00 $5.50 $6,930.00 $4.40 $5,544.00 29. Post-Construction Television Inspection L.F. 1,229 $2.00 $2,458.00 $3.50 $4,301.50 $2.20 $2,703.80 $3.30 $4,055.70 SUBTOTAL BID SUB-SECTION IIB ITEMS 1 THRU 29 $500,485.00 $547,275.50 $799,684.60 $577,137.00 Sub-Section IIC - Street Lights 1. Remove Existing Street Light Foundation EA. 3 $373.00 $1,119.00 $250.00 $750.00 $2,183.50 $6,550.50 $2,183.50 $6,550.50 2.Street Light Foundation EA. 6 $4,088.00 $24,528.00 $2,500.00 $15,000.00 $3,938.00 $23,628.00 $2,843.50 $17,061.00 3. 2-inch PVC Schedule 40 Conduit for Street Lights L.F. 1,314 $16.00 $21,024.00 $10.00 $13,140.00 $16.50 $21,681.00 $27.50 $36,135.00 4. 2-inch PVC Schedule 40 Conduit for Street Lights (by Bore) L.F. 0 $0.00 $0.00 $0.00 $0.00 $35.20 $0.00 $0.00 $0.00 5. Electric Hand Hole EA. 6 $1,327.00 $7,962.00 $2,300.00 $13,800.00 $1,307.90 $7,847.40 $2,365.00 $14,190.00 SUBTOTAL BID SUB-SECTION IIC ITEMS 1 THRU 5 $54,633.00 $42,690.00 $59,706.90 $73,936.50 TOTAL BASE BID (SUB-SECTIONS IIA, IIB, AND IIC) $1,376,354.00 $1,540,899.00 $1,890,008.19 $2,512,118.74 Page 4 Bid Tab 11090-0002-02 20240927 59 3 BID TABULATION DATE: SEPTEMBER 18, 2024 AT 1:00 P.M. ENGINEER: QUIDDITY ENGINEERING, LLC BID NO. 69-24-11 QE NO. 11090-0002-02 ITEM PLAN NO.QUANTITYDESCRIPTION TOTAL AMOUNT BID NO. 4 AXIS CONTRACTING, INC. 9787 HELMS TRAIL FORNEY, TX 75126 UNIT PRICE TOTAL AMOUNT BID NO. 3 UNIT PRICE TISEO PAVING CO. P.O. BOX 270040 DALLAS, TX 75227 TOTAL AMOUNT OWNER: CITY OF THE COLONY BID NO. 1 QUALITY EXCAVATION, LLC 104 REDFEARN ROAD AUBREY, TX 76227 UNIT PROJECT: PHASE 14A STREET RECONSTRUCTION BID NO. 2 AUSHILL CONSTRUCTION, LLC 535 TALBERT DRIVE, SUITE 207 PLANO, TX 75093 TOTAL AMOUNT UNIT PRICE UNIT PRICE SECTION III - KNOX DRIVE Sub-Section IIIA - Paving 1. Construction Staking L.S. 1 $10,813.00 $10,813.00 $6,000.00 $6,000.00 $34,500.00 $34,500.00 $3,500.00 $3,500.00 2.Barricades, Warning and Detour Signs, and Fences L.S. 1 $12,712.00 $12,712.00 $10,000.00 $10,000.00 $57,800.00 $57,800.00 $11,240.34 $11,240.34 3. Joint Storm Water Pollution Prevention Plan L.S. 1 $1,661.00 $1,661.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $2,575.84 $2,575.84 4. Inlet Protection EA. 2 $167.00 $334.00 $250.00 $500.00 $385.00 $770.00 $200.00 $400.00 5. Solid Sod S.Y. 1,819 $20.00 $36,380.00 $12.00 $21,828.00 $15.95 $29,013.05 $15.95 $29,013.05 6. Mobilization and General Site Preparation L.S. 1 $92,355.00 $92,355.00 $70,000.00 $70,000.00 $42,100.00 $42,100.00 $111,666.67 $111,666.67 7. Sawcut and Remove Existing Concrete Pavement and Flatwork S.F. 58,041 $2.00 $116,082.00 $2.50 $145,102.50 $1.97 $114,340.77 $1.30 $75,453.30 8. Street Repair for Utility Trench S.F. 1,023 $11.00 $11,253.00 $20.00 $20,460.00 $15.13 $15,477.99 $16.50 $16,879.50 9. Remove Existing Inlet (various sizes) EA. 2 $631.00 $1,262.00 $1,000.00 $2,000.00 $2,310.00 $4,620.00 $1,500.00 $3,000.00 10. Remove Existing Tree EA. 16 $1,566.00 $25,056.00 $1,000.00 $16,000.00 $1,452.18 $23,234.88 $2,000.00 $32,000.00 11. Unclassified Street Excavation C.Y. 213 $30.00 $6,390.00 $20.00 $4,260.00 $71.95 $15,325.35 $71.00 $15,123.00 12. Embankment C.Y. 151 $27.00 $4,077.00 $35.00 $5,285.00 $22.69 $3,426.19 $65.00 $9,815.00 13. 6-inch Thick Type A, Grade 1 or 2 Flex Base S.Y. 4,606 $25.00 $115,150.00 $25.00 $115,150.00 $39.02 $179,726.12 $27.00 $124,362.00 14. 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Pavement S.Y. 4,273 $65.00 $277,745.00 $90.00 $384,570.00 $81.50 $348,249.50 $95.00 $405,935.00 15.6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Driveway S.Y. 1,288 $83.00 $106,904.00 $90.00 $115,920.00 $116.05 $149,472.40 $135.00 $173,880.00 16. 7-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Alley Approach and Alley Pavement S.F. 0 $0.00 $0.00 $0.00 $0.00 $13.70 $0.00 $0.00 $0.00 17. 4-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Barrier- Free Ramp (Type 7 Modified) EA. 2 $1,971.00 $3,942.00 $3,000.00 $6,000.00 $2,860.00 $5,720.00 $1,850.00 $3,700.00 18. 4-inch Thick, 4,000 psi Portland Cement Reinforced Concrete Barrier- Free Ramp (Type 1) EA. 0 $0.00 $0.00 $0.00 $0.00 $2,750.00 $0.00 $0.00 $0.00 19. 4-inch Thick, 4,000 psi Portland Cement Concrete for Sidewalks S.F. 10,800 $6.00 $64,800.00 $9.00 $97,200.00 $6.82 $73,656.00 $90.00 $972,000.00 20. 10' Curb Inlet EA. 2 $7,252.00 $14,504.00 $10,000.00 $20,000.00 $12,100.00 $24,200.00 $8,580.00 $17,160.00 21. Remove and Reinstall Existing Landscaping L.S. 1 $5,583.00 $5,583.00 $5,000.00 $5,000.00 $10,450.00 $10,450.00 $10,450.00 $10,450.00 22. Remove and Reinstall Existing Community Mailbox EA. 3 $369.00 $1,107.00 $2,000.00 $6,000.00 $1,000.00 $3,000.00 $2,000.00 $6,000.00 23. Tree Root Barrier L.F. 50 $90.00 $4,500.00 $20.00 $1,000.00 $44.00 $2,200.00 $44.00 $2,200.00 24. Pavement Markings and Signage L.S. 1 $1,998.00 $1,998.00 $1,000.00 $1,000.00 $2,392.50 $2,392.50 $2,519.00 $2,519.00 SUBTOTAL BID SUB-SECTION IIIA ITEMS 1 THRU 24 $914,608.00 $1,058,275.50 $1,147,174.75 $2,028,872.70 Page 5 Bid Tab 11090-0002-02 20240927 59 4 BID TABULATION DATE: SEPTEMBER 18, 2024 AT 1:00 P.M. ENGINEER: QUIDDITY ENGINEERING, LLC BID NO. 69-24-11 QE NO. 11090-0002-02 ITEM PLAN NO.QUANTITYDESCRIPTION TOTAL AMOUNT BID NO. 4 AXIS CONTRACTING, INC. 9787 HELMS TRAIL FORNEY, TX 75126 UNIT PRICE TOTAL AMOUNT BID NO. 3 UNIT PRICE TISEO PAVING CO. P.O. BOX 270040 DALLAS, TX 75227 TOTAL AMOUNT OWNER: CITY OF THE COLONY BID NO. 1 QUALITY EXCAVATION, LLC 104 REDFEARN ROAD AUBREY, TX 76227 UNIT PROJECT: PHASE 14A STREET RECONSTRUCTION BID NO. 2 AUSHILL CONSTRUCTION, LLC 535 TALBERT DRIVE, SUITE 207 PLANO, TX 75093 TOTAL AMOUNT UNIT PRICE UNIT PRICE Sub-Section IIIB - Water and Sanitary Sewer 1. Trench Safety for Water Lines L.F. 1,430 $2.00 $2,860.00 $2.00 $2,860.00 $1.10 $1,573.00 $1.10 $1,573.00 2.Remove and Salvage Existing Water Valve (various sizes)EA. 3 $285.00 $855.00 $900.00 $2,700.00 $220.00 $660.00 $220.00 $660.00 3. Remove and Salvage Existing Fire Hydrant EA. 1 $508.00 $508.00 $850.00 $850.00 $330.00 $330.00 $550.00 $550.00 4. Remove Existing Water Line (various sizes) L.F. 40 $26.00 $1,040.00 $32.00 $1,280.00 $15.40 $616.00 $30.80 $1,232.00 5. Abandon Existing Water Line (various sizes) L.F. 1,354 $12.00 $16,248.00 $1.00 $1,354.00 $2.20 $2,978.80 $22.00 $29,788.00 6. 8-inch AWWA C900 PVC DR 18 (Class 150), Water Line (open cut) L.F. 1,430 $87.00 $124,410.00 $100.00 $143,000.00 $137.50 $196,625.00 $92.40 $132,132.00 7. 8-inch Gate Valve EA. 6 $2,426.00 $14,556.00 $2,600.00 $15,600.00 $2,970.00 $17,820.00 $3,080.00 $18,480.00 8. Fire Hydrant Assembly EA. 4 $6,986.00 $27,944.00 $8,400.00 $33,600.00 $7,260.00 $29,040.00 $9,570.00 $38,280.00 9. Connect to Existing 8-inch Water Line EA. 3 $3,613.00 $10,839.00 $3,500.00 $10,500.00 $6,600.00 $19,800.00 $6,600.00 $19,800.00 10. Connect to Existing 6-inch Water Line EA. 0 $0.00 $0.00 $0.00 $0.00 $6,600.00 $0.00 $0.00 $0.00 11. 1-inch Water Service Line (short service) EA. 22 $917.00 $20,174.00 $1,700.00 $37,400.00 $3,080.00 $67,760.00 $1,870.00 $41,140.00 12. 1-inch Water Service Line (long service) in 2-inch PVC Sleeve EA. 12 $1,193.00 $14,316.00 $2,400.00 $28,800.00 $5,280.00 $63,360.00 $3,080.00 $36,960.00 13. Water Meter Box EA. 44 $420.00 $18,480.00 $250.00 $11,000.00 $440.00 $19,360.00 $66.00 $2,904.00 14. Trench Safety for Sanitary Sewer Lines L.F. 1,331 $2.00 $2,662.00 $3.00 $3,993.00 $1.10 $1,464.10 $1.10 $1,464.10 15.Remove Existing Sanitary Sewer Lines (various sizes)L.F. 1,362 $47.00 $64,014.00 $22.00 $29,964.00 $15.40 $20,974.80 $30.80 $41,949.60 16. Remove Existing Sanitary Sewer Manhole EA. 2 $1,136.00 $2,272.00 $1,800.00 $3,600.00 $2,310.00 $4,620.00 $550.00 $1,100.00 17. Remove Existing Sanitary Sewer Main Cleanout EA. 1 $450.00 $450.00 $1,500.00 $1,500.00 $1,320.00 $1,320.00 $302.50 $302.50 18. 8-inch PVC SDR 26 Sanitary Sewer (open cut) L.F. 1,331 $67.00 $89,177.00 $105.00 $139,755.00 $137.50 $183,012.50 $101.20 $134,697.20 19. 8-inch PVC SDR 26 Pressure Rated Sanitary Sewer (encased in 16" steel) L.F. 0 $0.00 $0.00 $0.00 $0.00 $298.10 $0.00 $0.00 $0.00 20. 8-inch PVC SDR 26 Pressure Rated Sanitary Sewer (160 psi)(open cut) L.F. 0 $0.00 $0.00 $0.00 $0.00 $149.60 $0.00 $0.00 $0.00 21. 4-foot Diameter Standard Sanitary Sewer Manhole (0 to 6-feet deep) EA. 2 $9,552.00 $19,104.00 $7,300.00 $14,600.00 $14,850.00 $29,700.00 $9,570.00 $19,140.00 22. 5-foot Diameter Standard Sanitary Sewer Manhole (0 to 6-feet deep) EA. 5 $12,214.00 $61,070.00 $10,000.00 $50,000.00 $18,260.00 $91,300.00 $12,760.00 $63,800.00 23. Extra Depth for Sanitary Sewer Manhole (various sizes) V.F. 23 $968.00 $22,264.00 $400.00 $9,200.00 $1,540.00 $35,420.00 $286.00 $6,578.00 24. 6-inch Sanitary Sewer Service Line with 4-inch wye (open cut) L.F. 530 $58.00 $30,740.00 $95.00 $50,350.00 $152.90 $81,037.00 $91.30 $48,389.00 25. 4-inch Sanitary Sewer Service Line (open cut) L.F. 150 $123.00 $18,450.00 $75.00 $11,250.00 $85.80 $12,870.00 $17.60 $2,640.00 26.4-inch Sanitary Sewer Service Line Beyond Right-of-Way (open cut)L.F. 59 $118.00 $6,962.00 $85.00 $5,015.00 $114.40 $6,749.60 $41.80 $2,466.20 27. Connect to Existing Sanitary Sewer Manhole EA. 0 $0.00 $0.00 $0.00 $0.00 $5,170.00 $0.00 $0.00 $0.00 28. Pre-Construction Television Inspection L.F. 1,362 $2.00 $2,724.00 $3.50 $4,767.00 $5.50 $7,491.00 $4.40 $5,992.80 29. Post-Construction Television Inspection L.F. 1,331 $2.00 $2,662.00 $3.50 $4,658.50 $2.20 $2,928.20 $3.30 $4,392.30 SUBTOTAL BID SUB-SECTION IIIB ITEMS 1 THRU 29 $574,781.00 $617,596.50 $898,810.00 $656,410.70 Sub-Section IIIC - Street Lights 1. Remove Existing Street Light Foundation EA. 2 $374.00 $748.00 $250.00 $500.00 $2,405.70 $4,811.40 $2,183.50 $4,367.00 2.Street Light Foundation EA. 5 $4,088.00 $20,440.00 $2,500.00 $12,500.00 $3,938.00 $19,690.00 $2,843.50 $14,217.50 3. 2-inch PVC Schedule 40 Conduit for Street Lights L.F. 1,376 $17.00 $23,392.00 $10.00 $13,760.00 $16.50 $22,704.00 $27.50 $37,840.00 4. 2-inch PVC Schedule 40 Conduit for Street Lights (by Bore) L.F. 64 $36.00 $2,304.00 $200.00 $12,800.00 $35.20 $2,252.80 $46.20 $2,956.80 5. Electric Hand Hole EA. 6 $1,327.00 $7,962.00 $2,300.00 $13,800.00 $1,307.90 $7,847.40 $2,365.00 $14,190.00 SUBTOTAL BID SUB-SECTION IIIC ITEMS 1 THRU 5 $54,846.00 $53,360.00 $57,305.60 $73,571.30 TOTAL BASE BID (SUB-SECTIONS IIIA, IIIB, AND IIIC) $1,544,235.00 $1,729,232.00 $2,103,290.35 $2,758,854.70 TOTAL BASE BID $4,063,160.00 $4,529,901.50 $5,548,547.96 *$7,296,571.28 *Denotes Contractor Error Page 6 Bid Tab 11090-0002-02 20240927 59 5 Existing Condition Photos of Norris Drive 596 Existing Condition Photos of Knox Drive 597 Existing Condition Photos of King Drive 598 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $ 10,000,000.00 (Phase 14 Streets Reconstruction Design and Construction) Fund(s) (Name and number): 895-669-6670-2460 Source of Funds: 2023-2024 General Fund Special Capital Projects Cost of recommended contract award: $ 4,063,160.00 $ 374,500.00 Engineering Already authorized Yes No $ 4,063,160.00 Construction Already authorized Yes No $ 4,437,660.00 Total estimated costs 599 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 – _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH QUALITY EXCAVATION, LLC FOR THE PHASE 14A RESIDENTIAL STREET RECONSTRUCTION PROJECT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute a Construction Services Contract in the amount of $4,063,160.00 with Quality Excavation, LLC for the Phase 14A Residential Street Reconstruction Project. Section 2.This resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 6TH DAY OF NOVEMBER, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 600 Agenda Item No:5.8 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $596,776.18 with Road Solutions, LLC. to construct a Traffic Signal at the new City Hall entrance located at the FM 423/ Nash Drive Intersection. (Hartline) Suggested Action: Background: City Council approved funding for the installation of a new traffic signal at the new City Hall entrance located at the intersection of FM 423/Nash Drive in the 2023-2024 CIP budget. The traffic signal will assist in providing a vehicular and pedestrian signalized crossing that can handle the increased vehicular traffic loads that will be generated from the new City Hall location. The traffic signal will provide a safe and efficient entrance and exit to the Government Center Building and the new City Hall Building. The project will include the installation of 4 signal poles/mast arm assemblies, installation of a traffic signal control box, traffic signal heads, pedestrian crossing signal poles, signage and installation of electric conduit to provide a complete controlled signal for both vehicular and pedestrian traffic. The project bids were opened on October 2, 2024 and the low bidder was Road Solutions, LLC. at a cost of $596,776.18. Huitt-Zollars, Inc., the Project Design Engineer, received positive feedback from representatives that have previously worked with the contractor and recommends approval of the contract with this company. See attached Engineering Recommendation Letter for additional information. With approval, the project is anticipated to start construction in December 2024 with an estimated completion in May 2025. Attachments: Location Map Engineering Plan Sheet for Signal Plan Layout Certified Bid Tabulation Financial Summary Engineering Recommendaton Letter Res. 2024-xxx Road Solutions.docx 601 6053 Main Street Main Nas h Fryer North Colony Key s St rick la nd Blai r Oa ks Roberts Larner Jo y Crawford Hale Pe mb erto n Cur r y Ire la nd John Yates I o l a Ash lo ck El l i o t Wagner N e w to n St an le y Nervin Brandenburg Hetherington Knox K n i g h t Pruitt Augusta Shannon Walk er Whe el er R a g a n Miller Norris Wil co x M a l o n e Jen n in g s Witt G a l l o w a y Pa ig e Darb y D r i s c o l l Thompson Watk in s Queen Younger Archer El m C a l d w e l l Yo u ng Mayes Freeman Yager Anderson Hendri x Marsh Cook Kean Clary Gr iff in Kisor H a m i l t o n G r a h a m Inman Bartlett M i d d l e t o n Merrell A l l e n Gilliam M e l r o y Hardaway Marks O ' H a r e Overton Keller C o c k r e l l Latimer Chow ni ng P o g u e M a y e s Main µLocation MapTraffic Signal at the new City Hall entrance located at the FM 423 and Nash Drive Intersection. City Hall Traffic Signal Existing City Hall New City Hall 602 603 60 4 Financial Summary: Are budgeted funds available: Yes Amount budgeted/available: $600,000.00 (Traffic Signal FM 423/ Nash) Source of Funds: 896-619-6672-2470 (Traffic Signal FM 423/Nash) Cost of recommended construction contract award: $ 596,776.18 (Road Solutions, LLC.) Total estimated project cost: $ 596,776.18 Construction (Road Solutions, LLC.) Already authorized Yes No $ 596,776.18 Total estimated costs 605 October 28, 2024 Mr. Ron Hartline, P.E. Director of Engineering City of The Colony 6800 Main Street The Colony, TX 75056 RE: Traffic Signals @ Main Street & Nash Drive 6053 Main Street, The Colony, Texas Dear Mr. Hartline: Bids were received at the City of The Colony on October 2, 2024 for the above referenced project. Three (3) bids were received and opened publicly and the low bidder was submitted by Road Solutions, LLC We have reviewed and tabulated the bid proposals, a copy is attached and the low bid is $596,776.18. Additionally, we have contacted four (4) references as provided and all had positive responses. It appears the bid and references are in order and we recommend the selection of Road Solutions, LLC as the Contractor for the referenced project. Please call if you have any questions. Sincerely, Huitt-Zollars, Inc. John Ho, P.E., F.NSPE Vice President 606 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 – _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH ROAD SOLUTIONS LLC. TO CONSTRUCT A TRAFFIC SIGNAL AT THE NEW CITY HALL ENTRANCE LOCATED AT THE FM 423 / NASH DRIVE INTERSECTION; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute a Construction Services Contract in the amount of $596,776.18 with Road Solutions, LLC. to construct a Traffic Signal at the new City Hall entrance located at the FM 423 / Nash Driver Intersection. Section 2.This resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 6TH DAY OF NOVEMBER, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 607 Agenda Item No:5.9 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution reappointing Jeremie Maurina as the City's representative and appointing a representative as alternate on the Denton County Transportation Authority Board. (Council) Suggested Action: Attachments: Denton County Transportation Authority Appointment.pdf Res. 2024-xxx DCTA Appointment.doc 608 609 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _______ A RESOLUTION APPOINTING REPRESENTATIVES TO THE DENTON COUNTY TRANSPORTATION AUTHORITY WHEREAS,House Bill 3323, which became effective September 1, 2001, enables a County to create a coordinated county transportation authority to provide public transportation and transportation-related services; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That the current representative to the Denton County Transportation Authority Board is Jeremie Maurina, whose term is set to expire November 2024. SECTION 2.That Mr. Maurina has expressed a desire to be reappointed to the additional two-year term, serving in a volunteer capacity as the city’s representative on this board. SECTION 3.That the City Council of the City of The Colony hereby reappoints Jeremie Maurina as a representative and appoint ___________________as the alternate representative to the Executive Committee for the Denton County Transportation Authority through November 2026. SECTION 3.That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF NOVEMBER 2024. _________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 610 APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 611 Agenda Item No:5.10 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution casting the city’s votes for representatives to serve on the Denton Central Appraisal District Board of Directors for a two-year term beginning January 1, 2025. (Council) Suggested Action: Attachments: 2025 Ballot Delivery for BOD all except large units.pdf 2024 Votes - DIST OF VOTES.pdf Res. 2024-xxx DCAD Board of Directors Vote.doc 612 TO:Denton County Taxing Units FROM:Don Spencer,Chief Appraiser DATE:October 23,2024 SUBJECT:Candidates to the Denton CAD Board of Directors Candidates to the Denton Central Appraisal District Board of Directors are listed below.The list is in alphabetical order by last name. Each voting unit must cast its vote by written resolution and submit it to the Chief Appraiser before December 15th.Since December 15th falls on a Sunday this year,this means resolutions must be received by close of business on Friday,December 13th.The Distribution of Votes for each voting unit is included with this letter.The unit may cast all its votes for one candidate or may distribute the votes among any number of candidates.When a voting unit casts its votes,it must cast the votes for a person that was nominated and is named on the ballot.There is no provision for write-in candidates.The Tax Code does not permit the Chief Appraiser to count votes cast for someone not listed on the official ballot.The five nominees receiving the most votes will become members of the Denton CAD Board of Directors in January of 2025. The candidates nominated by the taxing units are: Candidate Nominating Unit 1.Rob Altman City of Frisco,City of The Colony,Denton County,City of Roanoke Town of Northlake 2.Henry Benjamin III Frisco ISD 3.Alex Buck City of Highland Village,Denton County,City of Lewisville,City of Southlake 4.Vicki Byrd City of Denton 5.Bryan Dodson Frisco ISD 6.Jared Eutsler City of Corinth 7.Sean Frank Frisco ISD 8.Mike Hennefer City of Carrollton,City of The Colony,Denton County,C-FB ISD 9.Ray Martin Town of Providence Village,City of The Colony,City of Corinth, City of Lewisville,City of Coppell,City of Southlake 10.Ann Pomykal Denton County,City of Lewisville,City of Southlake 11.Sandeep Sharma Town of Flower Mound 12.Charles Stafford Denton ISD,City of Denton,City of Southlake,Pilot Point ISD 13.Osiris Wade Frisco ISD 14.Bruce Yeager Ponder ISD 15.**David Terre Nominated by City of Denton Does not desire to be re-elected Bio sheets on each candidate have been requested and are being gathered.If you would like further information on one(or more)of the candidates,please contact Misty Baptiste she will forward those information sheets to you as soon as they are available. Since some of you may not be familiar with the process of selecting the Board,please do not hesitate to contact Misty Baptiste at (940)349-3977 or misty.baptiste@dentoncad.com for clarification and/or information. 613 DENTON CENTRAL APPRAISAL DISTRICT 2024 DISTRIBUTION OF VOTES %OF TOTAL NUMBER JURISDICTIONS 2023 LEVY LEVIES OF VOTES SCHOOL DISTRICTS: S01 ARGYLE ISD 60,114,589.31 2.1028%105 S02 AUBREY ISD 34,321,369.54 1.2006%60 S03 CARROLLTON-FB ISD 59,321,215.50 2.0751%104 S04 CELINA ISD 3,146,365.81 0.1101%6 S05 DENTON ISD 363,897,514.29 12.7291%636 S15 ERA ISD 1,316.27 0.0000%1 S06 FRISCO ISD 185,710,323.80 6.4962%325 S07 KRUM ISD 22,973,409.13 0.8036%40 S08 LAKE DALLAS ISD 38,574,582.69 1.3493%67 S09 LEWISVILLE ISD 640,496,706.05 22.4046%1120 S10 LITTLE ELM ISD 99,672,541.66 3.4865%174 S11 NORTHWEST ISD 211,182,352.68 7.3872%369 S12 PILOT POINT ISD 12,242,011.09 0.4282%21 S13 PONDER ISD 16,192,375.42 0.5664%28 S17 PROSPER ISD 44,883,909.88 1.5700%79 S14 SANGER ISD 25,430,897.51 0.8896%44 S16 SLIDELL ISD 752,781.09 0.0263%1 SCHOOL DISTRICTS TOTALS $1,818,914,261.72)63.626%3182 G01 DENTON COUNTY $332,669,895.73)11.64%582 CITIES: C26 TOWN OF ARGYLE 4,743,192.10 0.1659%8 C01 CITY OF AUBREY 4,743,753.36 0.1659%8 C31 TOWN OF BARTONVILLE 1,098,332.46 0.0384%2 C02 CITY OF CARROLLTON 66,820,813.21 2.3374%117 C49 CITY OF CELINA 5,780,996.55 0.2022%10 C03 CITY OF THE COLONY 49,370,888.63 1.7270%86 C21 TOWN OF COPPELL 1,189,865.11 0.0416%2 C27 TOWN OF COPPER CANYON 1,486,063.82 0.0520%3 C04 CITY OF CORINTH 17,538,879.40 0.6135%31 C20 CITY OF DALLAS 17,277,441.44 0.6044%30 C05 CITY OF DENTON 107,856,823.32 3.7728%189 C42 CITY OF DISH 214,089.77 0.0075%1 C30 TOWN OF DOUBLE OAK 1,236,380.77 0.0432%2 C47 TOWN OF CORRAL CITY 19,122.17 0.0007%1 C07 TOWN OF FLOWER MOUND 59,647,226.67 2.0865%104 C36 CITY OF FORT WORTH 43,511,254.84 1.5220%75 C32 CITY OF FRISCO 77,125,010.53 2.6978%135 C39 CITY OF GRAPEVINE 353.40 0.0000%1 C22 TOWN OF HACKBERRY 215,931.00 0.0076%1 C38 CITY OF HASLET 4,273.59 0.0001%1 C19 TOWN OF HICKORY CREEK 2,513,775.76 0.0879%4 C08 CITY OF HIGHLAND VILLAGE 16,016,996.76 0.5603%28 C09 CITY OF JUSTIN 6,157,278.77 0.2154%10 C18 CITY OF KRUGERVILLE 1,306,852.91 0.0457%2 C10 CITY OF KRUM 4,569,621.33 0.1598%8 C11 CITY OF LAKE DALLAS 4,221,993.88 0.1477%7 C25 CITY OF LAKEWOOD VILLAGE 676,945.12 0.0237%1 C12 CITY OF LEWISVILLE 87,690,250.13 3.0674%153 C13 TOWN OF LITTLE ELM 45,921,404.02 1.6063%80 C45 CITY OF NEW FAIRVIEW 57,369.53 0.0020%1 C33 TOWN OF NORTHLAKE 8,206,500.28 0.2871%14 C24 CITY OF OAK POINT 4,480,417.82 0.1567%8 C14 CITY OF PILOT POINT 4,286,872.10 0.1500%8 C29 CITY OF PLANO 7,098,097.71 0.2483%11 C15 TOWN OF PONDER 2,180,652.92 0.0763%3 C48 CITY OF PROSPER 12,225,453.38 0.4276%20 C51 TOWN OF PROVIDENCE VILLAGE 5,459,672.92 0.1910%10 C17 CITY OF ROANOKE 11,368,927.41 0.3977%20 C16 CITY OF SANGER 8,914,071.23 0.3118%15 C34 TOWN OF SHADY SHORES 1,555,153.67 0.0544%2 C37 CITY OF SOUTHLAKE 824,974.30 0.0289%1 C28 CITY OF TROPHY CLUB 11,354,591.12 0.3972%20 C44 TOWN OF WESTLAKE 220,870.82 0.0077%1 CITY TOTAL $707,189,436.03)24.74%1236 TOTAL ALL JURISDICTIONS $2,858,773,593.48)100.00%5000 614 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - ________ WHEREAS,the City of The Colony has joined in the formation of a Denton Central Appraisal District; and WHEREAS, the Denton County Chief Appraiser has notified each taxing entity that voting is in order for establishing a new five member Board of Directors in accordance with 6.03 of the Texas Property Tax Code; and WHEREAS, the Denton County Chief Appraiser has notified the City of its voting entitlement of 86 votes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That the City of The Colony votes are hereby cast for _________________________ to serve on the Denton Central Appraisal District Board of Directors for a one-year or three- year term beginning January 1, 2025. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF NOVEMBER, 2024. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 615 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Suggested Action: Attachments: 616 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: November 6, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Suggested Action: Attachments: 617