Playground replacement project

I\15784344.4 REQUEST FOR PROPOSAL RFP for 2024 Playground Replacements Chapman Elementary Eli Pinney Elementary Indian Run Elementary Riverside Elementary Scottish Corners Elementary Thomas Elementary Wright Elementary December 1, 2023 Issued By Dublin City Schools Business Operations Representative Kevin Klingler 6371a Shier Rings Road klingler_kevin@dublinschools.net 614 760-4522 mailto:ramm_kelly@dublinschools.net I\15784344.4 REQUEST FOR PROPOSAL FOR: 2024 PLAYGROUND REPLACEMENTS (7) GENERAL TERMS I. INTRODUCTION Dublin City School District (hereinafter referred to as the “District” or “Dublin City Schools”) is pleased to invite you to respond to this Request For Proposal (“RFP”) for the 2024 playground replacement project at Seven (7) Dublin elementary schools. The intention of this RFP is to solicit responses and formal proposals and select a

single organization to provide services as described in the Service Requirements section to Dublin City Schools (Section VII herein). II. ABOUT DUBLIN CITY SCHOOLS Dublin City Schools is an Ohio city school district pursuant to ORC 3310.02 and provides instruction for K-12 with 24 educational buildings and one operational complex. The District supports approximately 17,000 students and 2,500 staff. III. PURPOSE With this RFP, Dublin City Schools is requesting information about your company (“Responder”) and the products and solutions you provide as outlined in the Service Requirements section (Section VII herein, hereafter referred to as “Service Requirements” or “Services”). This information will be gathered from several different organizations and used to evaluate provider options for Dublin City Schools. This RFP is issued solely for information and planning purposes. This document does not commit the District to contract for any service, supply, or subscription whatsoever. Dublin City Schools will not reimburse any information or administrative costs incurred as a result of participation in response to the RFP. All costs associated with response will solely be incurred by and remain solely the responding party’s expense. Dublin City Schools may modify, terminate, or revise this RFP process in any manner it determines reasonable at any time without obligation or liability to any Responder or interested party. IV. CONFIDENTIALITY STATEMENT The District expects that information included in this document, and/or discussions with Dublin City Schools pertaining to the RFP process and selection effort, may be kept confidential, if legally required and only to the extent as may be required by law. Be advised that the District may be required to I\15784344.4 disclose to another party and/or use for any other purpose, the information included in this document, and/or discussions with the Responder, to facilitate the RFP process and selection effort, subject to the requirements of the law and the District’s discretion. V. SCOPE OF SERVICES (IN THE EVENT THE DISTRICT SELECTS RESPONDER PURSUANT TO THE RFP PROCESS) A. The District requires that Responder shall assume all responsibility for itself and its employees’ compliance with any and all federal, state, local, and District rules and regulations (including but not limited to the District’s Administrative Guidelines and Policy Manual), and including but not limited to those related to health, safety, and/or the spread of contagious disease, including but not limited to COVID-19 and any related or derivative disease or condition while on or at District property or facilities. B. The District expects that Responder shall furnish all materials not otherwise provided by the District, at its own cost including payment of all taxes, and perform all labor necessary to complete the services outlined in the Service Requirements. C. The District requires that Responder shall provide insured, qualified, and licensed (as applicable), employees to perform the Service Requirements for the District. Pursuant to a written request to Responder, the District shall have the right to require that a Responder employee be replaced when it is determined by District that such a change would be in the best interest of the District. D. The District requires that Responder shall provide and maintain, throughout the term of any agreement or other relationship between the District and Responder pertaining to this RFP, appropriate insurance1, insuring the District and all of its elected officials, officers, and employees, agents, students, invitees and volunteers against all costs and claims in connection with any such prospective contractual relationship or the Service Requirements indicated below. Responder’s insurance will include, at minimum, the District’s normally requested insurance coverage, including but not limited to: (Automobile Liability Insurance: US $1,000,000 Combined Single Limit; Commercial General Liability Insurance: US $1,000,000 Per Occurrence; Workers’ Compensation: in accordance with State of Ohio minimums; and, Umbrella Liability Insurance: US $4,000,000). Additionally, the District requires that Responder will indemnify Dublin City Schools in that Responder shall undertake and agree to protect, indemnify, defend, and hold harmless the District and all of its elected officials, officers, employees, agents, students, invitees, and volunteers from and against any and all suits and causes of action, claims, charges, damages, demands, judgments, civil fines, penalties, costs, attorneys’ fees and costs, expenses or losses 1 “[a]ppropriate insurance” may vary depending upon the nature of the Service Requirements of the particular RFP. See the below discussion of “appropriate insurance” in the Specific Terms. I\15784344.4 of any kind or nature whatsoever, for death, bodily injury, or personal injury to any person, including Responder employees and agents, or damage or destruction to any property of the District, or third persons in any manner arising by reason of the negligent acts, errors, omissions, or willful misconduct incident to the performance of any prospective agreement, except for the active negligence or willful misconduct of the District, and its elected officials, officers, employees, agents, students, invitees, and volunteers. The District may require that all employees, subcontractors and agents of Responder be individually and personally bonded by an insurance company or surety approved by the District in an amount acceptable to the District. E. The District requires that any and all of Responder’s employees physically present on District property have satisfactorily completed the District’s mandatory vendor criminal records history check and satisfy other District requirements that may be applicable. a. The District reserves the right to conduct, for security reasons, a lawful background investigation on the selected Responders, its principle party, personnel or subcontractors. Responders agree to cooperate with the District in this endeavor and to provide any permitted, reasonably necessary information. The District will, upon the Responders’ written request, provide a copy of such background investigations to the Responders, to the extent allowable by law. Dependent upon the results of the background check, the District may request the Responders to immediately remove an individual from participation on this project. b. Responders shall not knowingly assign any personnel with records of criminal conviction(s) without advising the District of the nature and gravity of the offense. c. In fulfilling the obligations under this section, the District and the Responders shall comply with all laws, rules, and regulations relating to the making of investigative reports and the disclosure of the information contained therein. The Responder shall indemnify, protect, defend, and hold the District harmless against any wrongful disclosure by the District of said reports and the information contained therein. F. The District, when appropriate, may require that each of Responder’s employees execute an Exemption from Membership from SERS form (the “Exemption Form”), given the nature of the Service Requirements sought pursuant to this RFP. Responder will provide a copy of each executed Exemption Form to the District in the event the District selects Responder pursuant to this RFP. G. The District expects that Responder will provide its standard contracting documents for the District’s review with Responder’s RFP reply. However, the District may use its own contracting documents and additionally expects to negotiate the terms of any prospective agreement prior to the Responder’s retention as a District service provider. I\15784344.4 H. The responses and proposals to this RFP are binding upon the Responder, but not upon Dublin City Schools. I. The District requires that Responder will include a list of at least three (3) references for which the Responder has provided services similar to the Service Requirements. These references must have received similar services of similar scope and size as required in this RFP. References will demonstrate that the Responder has delivered services in normal environments of similar scope within at least the last twenty-four (24) months. Responder must provide contact names and telephone numbers for each reference given. References provided by the Responder should have previously been contacted by Responder and been informed to expect to be interviewed by the District concerning the Responder’s service, support, and more. J. The District will have the right to reject any Responder RFP response including, but not limited to the following: a. Failure to submit the RFP on time. b. Failure to submit the RFP to the correct location. c. Failure to submit the RFP in the prescribed format. d. Failure to include all requested information. e. Failure to properly itemize costs, components, design details and other required data, if applicable. f. Taking exception to the terms, conditions, and specifications herein. g. Failure of the District to be able to verify that the Responder has obtained all appropriate licenses, permits or authorizations to provide the services requested herein. NOTE: Any deviation or omission from the RFP instructions may void any Responder response. Further the District expressly reserves the right to: a. Reissue a replacement RFP. b. Extend the deadline for submission of proposals by notifying all parties who have registered an interest in responding to this RFP. c. Request more information and/or clarification of proposals from any or all Responders or any RFP responsive proposal. d. Waive immaterial defect(s) or informality(ies). The foregoing granting of negotiation rights does not commit the District to accept any of the terms of a proposal. Final terms of any contract for goods or services shall be agreed upon in negotiations. Additionally, any negotiations may be terminated at any time by the District for failure to reach mutually acceptable terms. K. The issuance of this RFP and the acceptance of a proposal does not constitute an agreement by the District that any contract will actually be entered into by the District or that any goods or services will actually be purchased by the District. The District expressly reserves the right to: I\15784344.4 a. Reject any or all proposals or parts of a proposal. b. Reissue this RFP or any portion thereof. c. Extend the deadline for submission of proposals by notifying all parties who have registered an interest in this RFP with the District. d. Request more information and/or clarification of proposals from any or all Responders. e. Modify the requirements of and/or request for any of the goods or services described herein. f. Waive immaterial defect(s) or informality(ies) of any proposal. The foregoing granting of negotiation rights does not commit the District to accept all of the terms of a proposal(s). Final terms of any agreement will be agreed upon during negotiations. Negotiations may be terminated at any time by the District for failure to reach mutually acceptable terms. L. By submission of a proposal, the Responder certifies that the Responder has not paid or agreed to pay any fee or commission, or any other thing of value contingent on the award of a contract to any employee, official or current contracting consultant of the District. The Responder further certifies that the financial information in this statement has been arrived at independently and without consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such costs with any other statement, Responder or District representative. A Responder response to this RFP will be binding upon that Responder. M. All proposals received and any or all supporting documentation are subject to the State of Ohio Public Records Act and the provisions of Ohio Law. The District will act in accordance with the requirements of local, State and Federal law to protect materials clearly marked by any Responder as “proprietary” or “confidential.” N. The District reserves the right to unilaterally disqualify any Responder who in the District’s opinion fails to provide information or data requested or who provides materially inaccurate or misleading information or data. Further, the District reserves the right to unilaterally disqualify any Responder on the basis of any real or apparent conflict of interest that is disclosed by the proposal submitted or any other data or information available to the District. This disqualification is at the sole discretion of the District. By submission of a proposal hereunder, the Responder waives any right to object now, or at any future time, before any body or agency, including but not limited to, the District’s elected officials, officers, agents, or employees, or any court, as to the exercise by the District of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the District. O. Each Responder will be responsible for all costs incurred in preparing a response to this RFP. All materials and documents submitted by the Responder in response to this RFP shall upon receipt become the property of the District, and will not be returned. Responder[s] selected for further negotiations, as well as the Responder[s] ultimately selected to enter into a contractual agreement[s] with the District, if applicable, will be responsible for all costs incurred by them during negotiations. I\15784344.4 P. Responders submitting proposals must have the capacity to enter into a legally binding contract. Any contract[s] amount[s] resulting from this solicitation will be paid directly to the entity submitting accepted proposal[s]. In any accepted proposal[s], to authorize payments directly to another third party upon contracting, the proposing entity may be required to fully execute such proper payment authorization forms as acceptable to the District. Proposals must be signed by a representative of the Responder that has the legal and organizational authority to make binding offers and enter into contractual agreements on behalf of the Responder. Should the District accept Responder[s] proposal, Responder shall be engaged solely as an independent Contractor and not as an agent, partner or otherwise of the District, and no employment, partnership or other relationship shall be created hereby or should be inferred here from. Q. The laws of the County of Franklin, the State of Ohio and the United States of America, in that order, shall govern the interpretation, validity and effect of this RFP and any resultant contract documents. Any conflicts, contradictions or disputes arising out of this RFP or any contract agreement that results shall be litigated in the appropriate court in Franklin County, Ohio and/or the United States District Court for the Southern District of Ohio. R. The District requires disclosure by Vendor of any familial relationship between Vendor and its personnel and any District personnel that may violate Ohio Revised Code section 2921.42 (prohibiting an unlawful interest in a public contract) in the event that the Contract is awarded to Vendor. The District reserves the right, in its sole discretion, to reject any Proposal that it believes may violate Ohio Revised Code section 2921.42 or Ohio Ethics guidelines or to reject all proposals. Ohio Ethics Opinions have defined “member of the public official’s family” to include, but not be limited to: 1. Parents and step-parents; 2. Grandparents; 3. Spouse; 4. Children and step-children, whether dependent or not; 5. Grandchildren; 6. Siblings; and 7. Significant others, partners, or other persons related by blood or marriage and residing in the same household as Vendor or Vendor’s personnel. When in doubt, the District encourages Vendor to disclose the relationship. I\15784344.4 SPECIFIC TERMS A. Appropriate Insurance, discussed in Footnote 1, will encompass, but not be limited to, the requested services, or other facility maintenance related insurance coverage in addition to the terms indicated within General Terms, Section D. B. The District expects that the work indicated in the Service Requirements will be performed both remotely and on site, by Responder. C. The intention of this RFP is to solicit responses and formal proposals from qualified Responders as further indicated in the Environment Overview (Section VI) and Service Requirements Sections. VI. ENVIRONMENT OVERVIEW The information below outlines the current applicable playgrounds within the District. • District Properties (7) o Chapman Elementary – 8450 Sawmill Road, Powell, OH o Eli Pinney Elementary – 9989 Concord Road, Dublin, OH o Indian Run Elementary – 80 West Bridge Street, Dublin, OH o Riverside Elementary – 3260 Riverside Green, Dublin, OH o Scottish Corners Elementary – 5950 Sells Mill Drive, Dublin, OH o Thomas Elementary – 4671 Tuttle Drive, Dublin, OH o Wright Elementary – 2335 West Case Road, Columbus, OH • Attachments 1. Sample Owner-Contractor Agreement Please thoroughly review Attachment 1 prior to submission. 2. Chapman Elementary 3. Eli Pinney Elementary 4. Indian Run Elementary 5. Riverside Elementary 6. Scottish Corners Elementary 7. Thomas Elementary 8. Wright Elementary I\15784344.4 VII. SERVICE REQUIREMENTS o Design o There is no Design Professional for the Project. o Any incidental design services needed for the Project shall be provided by the Contractor. o In doing so, the Contractor shall use its best efforts, best skills, and best judgment in providing such services for the Project in accordance with the professional standards and quality expected of professionals licensed to practice in Ohio with experience with projects similar in design and function to that of the Project. o In performing services hereunder, the Contractor shall determine the requirements of the applicable law, rules, and regulations of jurisdictions having authority, including, but not limited to, building codes, so that the Work and the resulting Project will comply with all such requirements. o Vendors are encouraged to be creative in their designs and to maximize the role of unstructured play, accessibility and safety in their proposals o Quality of equipment components, quality of design, play value, cost, and appropriateness to location and target demographic must be taken into consideration in the design of the play system. o Age 2-12 or 5-12 playground structures are to be used in all playgrounds o Responders should base their playground equipment designs on meeting all accessibility and safety standards as well as the guidelines & specifications listed in this RFP. o Base bid playground surface shall be ADA compliant EWF with ADA-compliant artificial turf pathways to all ADA-accessible structures. o Play system design shall safely fit in the playground areas as shown on the site plans. o Submittals o Contractor shall provide the Owner with shop drawings, diagrams, and other data prepared for the Work identifying the plan for the Project, not to be incorporated as Contract Documents, but for the purpose of demonstrating to the Owner how the Contractor proposes to conform to the Work expressed in the Contract Documents. o These submittals shall be provided to the Owner prior to commencement of the Work and with reasonable promptness and in such sequence as to cause no delay in the Work should the Owner object to the plan. o Owner is not required to provide approval of the submittals, but, if provided, such approval is for the limited purpose of acknowledging conformance of the intent for the Work expressed in the Contract Documents, and does not relieve the Contractor of its obligations under Section 14 (warranties) or other provisions of the Contract Documents, nor constitute approval of safety precautions, or construction means, methods, techniques, sequences, or procedures. o Schedule o Anticipated Pre-Construction Schedule o Advertisement of RFP - 12.1.2023 o Interviews – January, 2024 o Selection and Approval – February, 2024 o Designs Finalized – March, 2024 o Anticipated Construction Schedule o Construction Commencement - June 1, 2024 o Substantial Completion - July 19, 2024 o Final Completion – July 26, 2024 I\15784344.4 o Site Safety, Inspections, Permitting Requirements o It is the responsibility of the Responder to maintain safe construction areas that are inaccessible to the public throughout the duration of the project. o Freestanding lockable chain-link fence with mounted safety signage is appropriate. o While the District may issue drawings/plans to the selected Responder(s), they are to be used only as a reference and are to be verified by the Responder o Utility Locating (public & private) is the responsibility of the Responder. o Verification of permit requirements is the responsibility of the Responder. o All necessary permitting is the responsibility of the Responder. o Co-inspection with the Responder’s representative of assembly and installation work will be conducted by the District and/or the District’s representative following installation. o The Responder is expected to perform a punch list and rectify items found prior to the District and/or it’s representatives performing a the co-inspection and providing the owner punch list to be completed prior to final completion. o If not properly installed, modifications must be submitted in writing to the District and remedied immediately. o Construction: o The contractor will furnish all labor, services, materials, plant, equipment, tools, and all other things necessary for the timely and proper completion of the Project. o The contractor is responsible for the full depth demolition and removal of the existing playgrounds and their spoils as well as the design, provision, and installation of new playground structures and surfacing at 7 District locations. o Demolition shall include the removal of the existing playground surfacing, excavation and grading as necessary, and hauling all unused materials off site as well as their disposal. o Repairs must be made to the playground base, drainage, and curbing if necessary. Unit cost are requested with the understanding that additional cost would be associated with unforeseen existing conditions requiring remediation. However, no allowances will be made if an obvious condition is discovered due to failure to properly examine conditions prior to submitting a proposal. o All equipment is to installed by factory trained and certified installers. o Assembly and installation will be provided and managed by the Vendor. o The playgrounds are to be in a safe and playable condition at the conclusion of the project. o Sites shall be restored to their original condition. This may include soil, seed, straw, asphalt and concrete repair, fence repair, vegetation etc. o Budget: o Project Budget = $192,600 Base Bid Per Playground o Please provide additional cost for the following alternates o Alt 1 – EWF with ADA-compliant bridge/ramp to accessible structures o Alt 2 – Replacement of all EWF with PIP surface o Alt 3 – Replacement of all EWF with turf surface o Alt 4 – Swing mats o Project Closeout: o Upon completion of installation, the Responder must provide documentation attesting the equipment has been installed meeting all specifications thereby warranted by the manufacturer. o It is the Vendor’s responsibility to provide to the District the following: o Manufacturer’s warranty o Shop drawings for all installed equipment I\15784344.4 VIII. RESPONSE PROCESS Please include the following in your proposal: 1. A description of the capability and history of the Responder 2. A list of similar projects completed in the past five (5) years, including cost 3. A list of specific experience in working with local government agencies 4. A list of subcontractors you intend to use on this project and their associated responsibilities 5. A list of not less than three (3) references and a description of the services provided to each 6. Up to two (2) designs per location. Please provide the following: - Scaled site plans with equipment. - Manufacturer’s literature on all proposed equipment - Proof of installer factory certification and product liability insurance - Sample warranties 7. Schedule of Values with a breakdown of cost for: - Design - Demolition - Equipment (structures, components, signage, hardware, etc. - Installation 8. Anticipated material lead times 9. Anticipated construction schedule for each site. 10. Responder’s Certificate of Insurance 11. Bid Bond Please indicate your intention to respond to this RFP by email to the Primary RFP Contact listed below by the Intent to Respond date outlined below. In addition, please provide the contact details of the individual responsible for coordinating your RFP response. At the same time, we ask that you compile any clarification questions into one single electronic submission to be communicated to the Primary RFP Contact by the Submission of Questions Due from Responders Due date listed in section X. Key Dates. Primary RFP Contact Please direct all inquiries regarding this RFP to: Kevin Klingler Project Manager Dublin City Schools Business Operations Klingler_kevin@dublinschools.net If you would like to visit the sites, please visit do so after 4 PM on weekdays or any time on the weekends when school is not in session. mailto:Klingler_kevin@dublinschools.net I\15784344.4 A pre-proposal conference will be held at Dublin City Schools Business Operations located at 6371a at 8 AM on December 14, 2023. Attendance is not required. Response Delivery Instructions Dublin City Schools requires responses to this request for proposal to be delivered in writing (PDF). You may attach documentation to support your answers, if necessary. Please submit all responses via electronic delivery no later than 2 PM on January 5, 2024 to Kevin Klingler Project Manager Dublin City Schools Business Operations Klingler_kevin@dublinschools.net Any response received after the delivery date specified will not be considered without prior written or electronic approval. IX. SELECTION CRITERIA & PROCESS Dublin City Schools will evaluate the responses based on multiple criteria and will select the best overall solution to fit its needs. Dublin City Schools is not obligated to select the lowest price bidder. All responses will be evaluated in the following areas: • Completeness of solution • Expertise and experience • Demonstrated customer service quality and support • Previous relevant experience • Vendor strength and stability • Account management • Reporting capabilities • Financial considerations • Additional criteria as deemed necessary by the District All responses will be evaluated as received and, if necessary, will be included in the following process: • Review and scoring of the responses, as well as clarification of information as deemed necessary by the evaluation team. • Identification of 2–3 final candidates to conduct in-depth review of capabilities, including on- site interviews and presentations. • Conducting of site visits and/or reference calls as deemed appropriate by the evaluation team. X. KEY DATES Below is a general timeline outlining the process steps with estimated dates for each step of the process. By participating in the RFP process, Responders agree that they can adhere to the following general timeline and the meeting times they reserve through this process. mailto:Klingler_kevin@dublinschools.net I\15784344.4 Task Completion Date RFP Distributed to Responders: 12.1.2023 Intent to Respond: 12.6.2023 RFI Due from Responders: 12.11.2023 Pre-Proposal Conference 12.14.2023 Addendum Issued by: 12.15.2023 Proposals Due from Responders by: 1.5.2024 Response Review / Selection January, 2024 Anticipated BOE Approval February, 2024 Thank You Dublin City Schools looks forward to reviewing your response and would like to thank you in advance for your participation. This project and the RFP selection process is very important to our continued success and represents a major focus of effort for Dublin City Schools. We appreciate and value your input, expertise, and feedback. 19034376v3 OWNER-CONTRACTOR AGREEMENT Owner: Dublin City School District Board of Education 6371a Shier Rings Road Dublin, Ohio 43017 Contractor: _____________ _____________ _____________ Contact: _____________ Phone: _____________ Email: _____________ Eli Pinney Elementary School 9989 Concord Road, Dublin, Ohio 43017 Riverside Elementary School 3260 Riverside Green Drive, Dublin, Ohio 43017 Thomas Elementary School 4671 Tuttle Road, Dublin, Ohio 43017 Project: Playground Replacement Project Locations: Indian Run Elementary School 80 West Bridge Street, Dublin, Ohio 43017 Chapman Elementary School 8450 Sawmill Road, Powell, Ohio 43065 Daniel Wright Elementary School 2335 West Case Road, Columbus, Ohio 43235 Scottish Corners Elementary School 5950 Sells Mills Drive, Dublin, Ohio 43017 Owner, a political subdivision of the State of Ohio, and Contractor have entered into this Owner-Contractor Agreement (“Agreement”) as of the date signed by Owner (“Effective Date”). The Project consists of, but is not limited to, the replacement of the playgrounds at seven (7) elementary schools: Indian Run, Chapman, Eli Pinney, Daniel Wright, Riverside, Scottish Corners, and Thomas (the “Project”). The Work was procured through a competitive proposal process, as the work is outside the statutory bidding requirements for public school districts and the Ohio Revised Code Section 3313.46 only requires competitive bidding for work related to “school buildings,” and the relevant work is not to build, repair, enlarge, improve, or demolish a school building. The Project Owner and Contractor agree as follows: 1. WORK. 1.1. Contractor will furnish all the labor, services, materials, plant, equipment, tools, scaffolds, appliances, and all other things (collectively called the “Work”) necessary for the timely and proper completion of the Project. 1.2. Contractor must at all times furnish sufficient skilled workers, materials, and equipment to perform the Work in strict conformance with the Contract Documents and to the entire satisfaction of Owner, so as to complete the Project by the Date for Substantial Completion. All materials and equipment provided must be new, free from all defects, fit for the purpose for which intended, and merchantable. 1.3. Contractor will assign a competent Project Supervisor. At the Owner’s request, Contractor will replace the Project Supervisor, provided that the request is reasonable. Owner will not be responsible for the acts or omissions of the Project Supervisor or his assistants. 1.4. Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or it make its parts fit together properly. 2. CONTRACT DOCUMENTS. 2.1. The Contract Documents consist exclusively of the following documents incorporated by reference: A. Request for Proposals; B. Owner-Contractor Agreement, including all exhibits attached hereto; C. Executed Contract Bond; D. Sales & Use Tax/ Construction Contract Exemption Certificate; E. Addenda issued; Attachment 1 - Sample Owner-Contractor Agreement — 2 — F. Modifications issued after the execution of the contract, including: a. A written amendment to the Agreement signed by both parties; b. A Change Order; or c. A Construction Change Directive 2.2. Contractor will use the State of Ohio Subcontract Form for all subcontracted Work, in accordance with ORC Section 153.503(C) and OAC Section 153:1-3-02. 2.3. Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Days shall mean calendar days unless noted otherwise. 3. OWNER REPRESENTATIVE AND DESIGN PROFESSIONAL. 3.1. There is no Design Professional for the Project. Any incidental design services needed for the Project shall be provided by the Contractor. In doing so, the Contractor shall use its best efforts, best skills, and best judgment in providing such services for the Project in accordance with the professional standards and quality expected of professionals licensed to practice in Ohio with experience with projects similar in design and function to that of the Project. In performing services hereunder, the Contractor shall determine the requirements of the applicable law, rules, and regulations of jurisdictions having authority, including, but not limited to, building codes, so that the Work and the resulting Project will comply with all such requirements. 3.1.1. Submittals. Contractor shall provide the Owner with shop drawings, diagrams, and other data prepared for the Work identifying the plan for the Project, not to be incorporated as Contract Documents, but for the purpose of demonstrating to the Owner how the Contractor proposes to conform to the Work expressed in the Contract Documents. These submittals shall be provided to the Owner prior to commencement of the Work and with reasonable promptness and in such sequence as to cause no delay in the Work should the Owner object to the plan. Owner is not required to provide approval of the submittals, but, if provided, such approval is for the limited purpose of acknowledging conformance of the intent for the Work expressed in the Contract Documents, and does not relieve the Contractor of its obligations under Section 14 (warranties) or other provisions of the Contract Documents, nor constitute approval of safety precautions, or construction means, methods, techniques, sequences, or procedures. 3.2. Kevin Klingler, is the Owner’s Representative with respect to all matters involving Owner. 3.2.1. Except as specifically stated to the contrary elsewhere in this Agreement, Contractor will direct all communications to Owner through the Owner’s Representative. 3.3. Contractor will coordinate the Work with the Owner and Owner’s separate contractors, consultants, or other agents. Contractor will provide access to the Work at all times. 4. TIME FOR COMPLETION AND PROJECT COORDINATION. 4.1. Contract Time. The Work shall commence as of the Effective Date of this Agreement (the “Date of Commencement”), with all associated Work being completed on or before July 19, 2024 (the “Date for Substantial Completion”). 4.1.1. Substantial Completion. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. Notwithstanding anything in the Contract Documents to the contrary, this shall include, but is not limited to, start up and successful testing of all systems and equipment. 4.1.2. Following Substantial Completion of the Work or a designated portion thereof, as certified by the Design Professional or confirmed by the Owner, and Owner’s receipt of consent of the Contractor's surety, if any, the Owner shall make a payment of retainage applying to such Work. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. The Owner is entitled to withhold 200% of the value of such incomplete or nonconforming Work. 4.1.3. Date of Final Completion. Final Completion shall mean that the Work is complete in all respects in accordance with the Contract Documents and the Contractor has submitted to the Owner all required documents. The date of Final Completion shall be on or before July 26, 2024. — 3 — 4.2. Time is of the Essence. THE DATES IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT. CONTRACTOR WILL PROSECUTE ITS WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, INCLUDING ANY AMENDMENTS THERETO. 4.3. Contractor’s Construction and Submittal Schedules 4.3.1. The Contractor shall prepare for Owner’s review and approval the construction schedule (“Construction Schedule”) and a corresponding detailed schedule of values pursuant to the Ohio Revised Code Section 153.13 within seven (7) calendar days after the Effective Date. The schedule of values must be broken out into labor and materials for each line item. The Contractor shall prepare the Construction Schedule in Critical Path Method (“CPM”) format unless provided otherwise in the Contract Documents or otherwise in writing by the Owner. Each major category of Work shall be shown separately in the Construction Schedule with all the significant activities involved, showing durations of time, manpower requirements, and restraints. The Construction Schedule is for the purpose of coordinating the timing, phasing, and sequence of the Work of the Contractor and shall not change or modify the Date for Substantial Completion. The Date for Substantial Completion shall only be changed or modified by Change Order, other Modification, or a Claim that is Finally Resolved, regardless of the dates in the Construction Schedule. 4.3.1.1. The Contractor shall update the Construction Schedule each month; 4.3.1.2. The Construction Schedule shall be manpower loaded; 4.3.1.3. The Contractor shall, on a weekly basis, prepare and submit to the Owner a written report describing the activities begun or finished during the preceding week, Work in progress, expected completion of the Work, a look-ahead projection of all activities to be started or finished in the upcoming two (2) weeks, including without limitation the Contractor’s workforce crew size and total resource hours associated with such Work and any other information requested; 4.3.1.4. The float in the Construction Schedule and any updates to it shall belong to the Owner. Float shall mean the amount of time by which activities may be delayed without affecting the Date for Substantial Completion; and 4.3.1.5. The Contractor’s obligation to submit requested scheduling information is a material term of its Contract. If the Contractor fails to submit requested scheduling information in writing within five (5) days of a request for such information from the Owner, the Contractor shall pay and the Owner may withhold from the Contractor Liquidated Damages at the rate of Fifty Dollars ($50.00) a day for each calendar day thereafter that the Contractor fails to submit the requested information. 4.3.2. The Contractor shall perform the Work in accordance with the most recent Construction Schedule submitted to the Owner, provided that the Contractor shall comply with any orders under Section 4.3.3. However, preparation of such schedule shall not constitute a waiver of the Owner’s rights under the Contract to have the Work completed by the Date for Substantial Completion. 4.3.3. If the Owner determines that the performance of the Work has not progressed so that it is likely that the Contractor will not achieve Substantial Completion of its Work by the Date for Substantial Completion, the Owner shall have the right to order the Contractor to take corrective measures necessary to expedite the Work, including, without limitation: (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities, and (iii) other similar measures (“Corrective Measures”). If the Owner orders the Contractor to take such corrective measures, the Contractor shall take and continue such Corrective Measures until the Owner is satisfied that the Contractor is likely to achieve Substantial Completion of its Work by its Date for Substantial Completion. 4.3.3.1. The Contractor shall not be entitled to adjustment in the Contract Sum in connection with the Corrective Measures required by the Owner pursuant to this Section 4.3.3, unless the Contractor is able to establish that it is entitled to additional compensation under the terms of the Contract Documents. 4.4. Delays and Accelerations. 4.4.1. Notice of Delays. Contractor will give Owner written notice of any delay affecting its Work in the form and with the information specified in the Contract Documents within forty-eight (48) hours of the commencement of the delay; provided that the 48-hour notice will be extended to ten (10) days for unusually — 4 — severe weather conditions not reasonably anticipatable. The failure to give the required notice constitutes an irrevocable waiver of Contractor’s right to seek an extension of time and/or additional compensation/damages for the delay. 4.4.2. Acceleration of the Work. Owner may require Contractor to accelerate its Work by adding workers or working additional shifts, extended shifts or overtime, so that the Work is in final form before the Date for Substantial Completion. If Owner requires Contractor to accelerate its Work, Contractor will within five (5) days take the required action, and Owner thereafter will issue a Change Order increasing the Contract Sum to pay for Contractor’s additional costs of accelerating its Work so that the Work is in final form before the Date for Substantial Completion. If there is a dispute as to whether Contractor is entitled to a Change Order for accelerating its Work, Contractor must proceed to accelerate its Work without waiting for a Change Order or payment of any additional compensation, but may reserve its right to make a claim against Owner for its additional costs incurred in accelerating its Work. Contractor’s additional costs for accelerating its Work will be determined in accordance with Section 4.4.3. 4.4.3. Compensation for Acceleration of the Work. 4.4.3.1. Owner's Obligation to Pay. When Owner initiates the acceleration of the Work, Owner will pay Contractor, as provided in Section 4.4.3.2, for Contractor accelerating its Work so that its Work is substantially complete by the Date for Substantial Completion. However, when Contractor’s Work is ordered to be accelerated as a result of Contractor’s own fault or the fault of its subcontractors or suppliers, Owner will not pay Contractor for such acceleration. 4.4.3.2. Compensation for Acceleration of the Work. To the extent that Owner requires Contractor to accelerate its Work so that the Work is in final form before the Date for Substantial Completion, Owner will pay Contractor for Contractor’s reasonable additional costs of accelerating its Work, as determined in accordance with this section. The additional costs of accelerating the Work will be (a) any premium for overtime, additional shift work, or extended shift work, (b) the cost of any additional supervision or general conditions required by the acceleration, (c) out of pocket cost of any additional equipment required for the acceleration, (d) to the extent Contractor can document lost productivity due to the acceleration, the cost associated with such lost productivity, and (e) overhead, including home office overhead, and profit equal to 10% of the total amount of the other items for which additional compensation is permitted under this section. The foregoing are the only additional compensation and/or damages Contractor will be entitled to receive for accelerating its Work so that it is complete before the Date for Substantial Completion. As a condition precedent to its recovery of additional compensation, Contractor must provide Owner with full information about the costs of accelerating its Work in the form and format requested by Owner. 5. CORRECTIVE ACTION. 5.1. If Owner determines that Contractor is in default by not cooperating or coordinating its Work properly with its subcontractors, not supplying sufficient skilled workers, not cleaning up the Project, not furnishing the necessary materials, equipment, or any temporary services or facilities to perform the Work in strict conformance with the Contract Documents, or Contractor is not on schedule, or is not otherwise performing its obligations under the Contract Documents, CONTRACTOR MUST WITHIN TWO (2) BUSINESS DAYS AFTER NOTICE OF SUCH DETERMINATION, (1) COMMENCE SUCH ACTION AS IS NECESSARY TO CORRECT THE DEFICIENCIES NOTED BY OWNER, (2) PROCEED TO CORRECT SUCH DEFICIENCIES WITHIN FIFTEEN (15) DAYS OF SUCH NOTICE OR, (3) IF OWNER INSTRUCTS CONTRACTOR TO TAKE URGENT CORRECTIVE ACTION TO PROTECT PERSONS OR PROPERTY, IMMEDIATELY TAKE SUCH CORRECTIVE ACTION, including but not limited to increasing the number of skilled workers, providing temporary services or facilities, and cleaning up the Project. Such corrective action shall be taken and continued without interruption and without waiting to initiate any dispute under this Agreement or the resolution of any dispute initiated under this Agreement. Failure to comply with this provision shall be an additional default. 6. COMPENSATION. 6.1. Contract Sum. The Contract Sum to be paid by Owner to Contractor, as provided herein, for the satisfactory performance and completion of the Work and all of the duties, obligations and responsibilities of Contractor under this Agreement and the other Contract Documents is $____________________. The Contract Sum includes the following: — 5 — 6.1.1. Base Proposal Amount: $________; and 6.1.2. Accepted Alternates, included in the Contract Sum: Alternate No. Description Amount $________ $________ $________ 6.1.3. Allowances included in the Contract Sum: Allowance Description Amount Landscape Allowance $10,000.00 Concrete/Asphalt Allowance $10,000.00 All Allowances shall be included in the schedule of values. With each Application for Payment, the Contractor shall include the balance of any Allowances and how the Allowances have been expended to date. The Contractor will obtain approval from the Owner prior to incurring any costs in excess of an Allowance; any approved cost in excess of an Allowance will be documented by a Change Order signed by both parties. Before final payment, an appropriate Change Order will be issued to reconcile the Contract Sum so that it reflects actual amounts due to the Contractor on account of Work covered by Allowances. Remaining Allowances amounts not due to the Contractor on account of Work covered by the Allowances shall be retained by the Owner. 6.1.4. Unit Prices - If directed by the Design Professional, such Work will be paid for in accordance with the Unit Prices bid and identified below: Item Description Unit Price Per Unit 1 Playground Curb Replacement Linear Foot $___ 2 EWF Cubic Yard $___ 3 Turf Surface Square Foot $___ 4 PIP Surface Square Foot $___ 6.2. The Contract Sum includes all federal, state, county, municipal, and other taxes imposed by law, including but not limited to any sales, use, and personal property taxes payable by or levied against Contractor on account of the Work or the materials incorporated into the Work. Contractor is responsible to pay any such taxes. 6.3. The Contract Sum includes fees and costs for any required building permit as well as other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time negotiations are concluded. Contractor is responsible to secure any such permits, fees, licenses, and inspections. 6.4. Liquidated Damages. 6.4.1. Contractor must achieve Substantial Completion by the date stated in Section 4.1. By entering into this Agreement, Contractor agrees that the period for performing the Work is reasonable and that Contractor can achieve Substantial Completion by the date stated in this Agreement. — 6 — 6.4.2. If Contractor does not achieve Substantial Completion of its Work on the Project by the Date for Substantial Completion stated in Section 4.1, Contractor shall pay the Owner (and the Owner may set off from sums coming due Contractor) liquidated damages in the per diem amount stated in the following chart for each calendar day beyond the Date for Substantial Completion, as may be modified in accordance with the Contract Documents, that the Contractor fails to achieve Substantial Completion. Contract Sum Amount Dollars Per Day $0.01 to $50,000.00 $100.00 $50,000.01 to $150,000.00 $200.00 $150,000.01 to $500,000.00 $500,000.01 to $750,000.00 $750,000.01 to $1,000,000.00 $1,000,000.01 to $2,000,000.00 More than $2,000,000.01 $300.00 $400.00 $500.00 $700.00 $1,000.00 6.4.3. Contractor acknowledges by signing this Agreement with Owner that the amount of liquidated damages represent a reasonable estimate of the actual damages Owner would incur if the Work is not substantially complete by the foregoing date and that the damages that may result from the failure to substantially complete the work by the foregoing date are uncertain and difficult to ascertain. No waiver of consequential damages shall preclude the Owner from recovering liquidated damages. 6.4.4. Nothing in this Section 6.4 shall preclude the Owner from recovering its actual damages from the Contractor for third-party claims against the Owner or damages not associated with delay. 7. PAYMENT AND RETAINAGE. 7.1. Payment. 7.1.1. Applications for Payment. Payment applications shall be submitted on a monthly basis and shall reflect the amount of Work completed as of the date the application for payment is submitted consistent with the schedule of values. Payment applications must be received by the Owner not later than the fifteenth (15th) day of the month; payment applications received after the 15th day of the month will be deemed to be received in the following month and will be held for payment during the following payment period. With each application for payment the Contractor shall submit one copy of the following documentation: (a) Invoice for Work performed and materials and equipment provided for the previous pay period; (b) Lien waivers from itself and all subcontractors, suppliers, and any other party that performed Work or supplied materials for the Project in a form acceptable to the Owner for the Work performed during the current billing period; and (c) Such other supplemental information as the Owner may require. Such other information may include a schedule of all materials and equipment stored on site. 7.1.2. Owner may withhold payment in whole or in part, and may demand that Contractor refund amounts previously paid, to protect Owner from loss because of: (a) Contractor’s default or failure to perform any of its obligations under the Contract Documents, including but not limited to: failure to provide sufficient skilled workers; Work, including equipment or materials, which is defective or otherwise does not conform to the Contract Documents; failure to conform to the Contract Time or Construction Schedule; and failure to follow the directions of or instructions from Owner; (b) Contractor’s default or failure to perform any of its obligations under another contract that it has with Owner; — 7 — (c) The filing of third party claims, or reasonable evidence that third party claims have been or will be filed; (d) The Work has not proceeded to the extent set forth in the application for payment; (e) Any representations made by Contractor are untrue; (f) The failure of Contractor to make payments to its Subcontractors; (g) Damage to Owner’s property or the property of another person or laborer; (h) The determination that there is a substantial possibility that the Work cannot be completed for the unpaid balance of the Contract Sum; and/or (i) Liens filed or reasonable evidence indicating the probable filing of such liens. 7.1.3. Owner will pay Contractor within thirty (30) days after receipt of the Contractor's payment application, provided that the payment application has been properly submitted on a timely basis and is accompanied by all of the required documentation. Amounts unpaid after thirty (30) days after Owner’s receipt of the payment application shall bear interest at the rate of zero percent (0%). 7.2. Retainage. 7.2.1. Amount of Retainage. 7.2.1.1. Payments for Labor. Payments for labor incorporated into the Work will be at the rate of 92% of the amount set forth in Contractor’s payment application and approved by Owner until the Work is 50% complete, unless the parties agree otherwise. When the Work is 50% complete, the payment for labor incorporated into the Work will be at the rate of 100% of the amount set forth in Contractor’s payment application and approved by Owner. 7.2.1.2. Payments for Materials and Equipment. Payments for materials and equipment will be at the rate of 92% of the invoice cost of materials and equipment delivered to the Project site or other storage site approved by Owner. The balance of the invoice cost will be payable when the materials or equipment are incorporated into the Work. Incorporated into the Work means such materials and equipment are installed and conform to the requirements of the Contract Documents. When payment is made on account of materials or equipment not yet incorporated into the Project, such materials and equipment will become the property of Owner; provided that if such materials or equipment are stolen, destroyed, or damaged before being fully incorporated into the Project, Contractor shall be required to replace them at its expense. 7.2.2. Interest on Retainage. 7.2.2.1. Contractor agrees that Owner may hold retained amounts in the project construction fund and is not required to deposit the retained funds into a separate interest-bearing savings account. The balance of the retained funds, plus interest, will be paid to Contractor as its final payment for the Project, less any amounts needed to cover damages or costs incurred by Owner related to the Work. 7.2.2.2. In Iieu of the provisions of Section 7.2.2.1, the Contractor may request to have the Owner instead deposit the retained funds, when the Work is 50% complete, into a separate escrow account governed by an escrow agreement, employing an escrow agent, by providing written notice to the Owner of the request prior to the submission of the first pay application. If the Contractor so requests, the Contractor will be responsible for all expenses associated with the escrow agent and escrow account beyond the interest income from the account, and the change and expense must be expressly documented in a change to the contract. If the Contractor does not request an escrow account prior to submission of the first pay application, the Contractor will be deemed to have waived its rights under ORC 153.63 to have the retained funds so deposited and governed by an escrow agreement. 7.2.3. Documentation. Upon request, Contractor immediately will supply Owner with requested information so as to verify the amounts due to Contractor, including but not limited to original invoices for materials and equipment and documents showing that Contractor has paid for such materials and equipment, and so as to verify that amounts due laborers, subcontractors, and materialmen have been paid to them. — 8 — 7.3. Final Payment. 7.3.1. The final application for payment shall be itemized and submitted after completion of the Work specified for the Project. Contractor shall ensure that the final application for payment shall contain one (1) copy of each of the following documents, if not previously delivered to Owner. (a) All items required in Section 7.1.1; (b) Contractor’s Certificate of Insurance; (c) Contractor’s Workers’ Compensation Certificate; (d) Consent of Contractor’s Surety to Payment; (e) An assignment to Owner of all warranties obtained or obtainable by Contractor from manufacturers and suppliers of equipment and materials incorporated into the Work by written instrument of assignment in a form acceptable to Owner; and (f) Such other documentation as required by the Contract Documents, Owner, or applicable law. 7.3.2. The making of Final Payment by Owner does not constitute a waiver of Claims by Owner for the following: (a) Liens, Claims, security interests, or encumbrances arising out of the Contract Documents that are unsettled; (b) Failure of the Work to comply with the requirements of the Contract Documents; (c) Terms of warranties required by the Contract Documents; (d) Claims for Indemnification; (e) Claims about which Owner has given Contractor notice; or (f) Claims arising after Final Payment. 8. CHANGES IN THE WORK. 8.1. Change Orders. 8.1.1. A Change Order is a written instrument signed by Owner and Contractor stating their agreement upon a change in the Work, the amount of the adjustment or the method for computing the amount of the adjustment of the Contract Sum, if any, and the extent of the adjustment in the Contract Time, if any. 8.1.2. All Change Orders shall be submitted with any supporting documentation requested by the Owner in advance of the performance of the Work that is the subject of the Change Order and must be approved by the Owner in writing in advance of the performance of the Work that is the subject of the Change Order. 8.1.3. The agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but limited to all direct, indirect, and cumulative costs that include reasonable overhead and profit associated with such change and any and all adjustments to the Contract Sum and in the Contract Time. Total cumulative overhead and profit for Contractor and all Subcontractors on any add or deduct Change Order shall not exceed 15% of the total cost of labor and material. The Contractor shall not proceed with any change in the Work without a signed Change Order. The Contractor’s failure to timely seek and obtain such authorization as specified herein, shall constitute an irrevocable waiver by the Contractor of an adjustment to the Contract Sum or the Contract Time for the related work. 8.2. Construction Change Directives. 8.2.1. A Construction Change Directive is a written order prepared and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the — 9 — Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 8.2.2. A Construction Change Directive shall be used in the absence of total agreement of a Change Order. 8.2.3. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Owner of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 8.2.4. When the Owner and Contractor agree with adjustments in the Contract Sum and Contract Time, such agreement shall be effective immediately, and the Owner will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. 8.2.5. If the Contractor disagrees with the adjustment in the Contract Time or the Contract Sum, the Contractor may make a Claim in accordance with applicable provisions of Article 9. 9. CLAIMS AND DISPUTES. 9.1. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment, or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the terms of the Contract Documents, provided that Owner’s decision to adjust or withhold payment under Section 7.1.2 will not be considered a Claim. The responsibility to substantiate claims shall rest with the party making the Claim. Contractor will not knowingly (as “knowingly” is defined in the federal False Claims Act, 31 U.S.C. Section 3729, et seq.) present or cause to be presented a false or fraudulent Claim. As a condition precedent to making a claim, Contractor must submit an affidavit sworn to before a notary public or other person authorized to administer oaths in the State of Ohio and executed by an authorized representative of Contractor, which states that: The Claim submitted herewith complies with Section 9.1 of the Owner-Contractor Agreement, which provides that “Contractor will not knowingly present or cause to be presented a false or fraudulent Claim.” 9.2. Subject to the requirements of Article 9, if Contractor wishes to make a Claim for an increase in the Contract Sum, written notice must be given before proceeding to execute the Work. 9.3. Subject to the requirements of Article 9, if Contractor wishes to make a Claim for additional time, the required written notice must include an estimate of cost and probable effect of delay on progress of the Work. In the event of continuing delay, only one Claim is necessary. If adverse weather conditions are the basis for a Claim for additional time, such claim must be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 9.3.1. The delays for which the Contractor is entitled to additional time are "Excusable Delays." The only Excusable Delays are those delays on the critical path which the Contractor establishes were: (a) caused by the Owner or those in privity of contract with the Owner, (b) physical damage to the Project over which the Contractor has no control, (c) labor disputes beyond the control of the Contractor, (d) work days lost due to weather conditions as provided under Section 4.4.1, (e) concealed or unknown conditions under Section 9.4, and (f) other unforeseeable delays beyond the control of the Contractor and its subcontractors and suppliers of any tier. The delays for which the Contractor is entitled to additional time and money are "Compensable Delays." The only Compensable Delays are those Excusable Delays which the Contractor establishes were proximately caused by an improper action or failure to act by the Owner. Owner, in its sole and reasonable discretion, shall determine whether a delay entitles Contractor to time extension or additional compensation. 9.4. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the Contractor shall give written notice to the Owner and the Design Professional, if any, promptly before conditions are disturbed and in no event later than forty-eight (48) hours after first observance of the conditions. If the conditions are materially different and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, Owner will issue an appropriate Change Order. — 10 — 9.5. Contractor must make all claims by written affidavit per Article 9 within seven (7) days after the occurrence of the event giving rise to the Claim. Proper notice of delay as required under Section 4.4.1 is a condition precedent to entitlement of a Claim. Failure to do so results in an irrevocable waiver of the Claim. 9.6. Within ten (10) days of its receipt of a written request, Contractor must make available to Owner or its representative any books, records, or other documents in its possession or to which it has access relating to any Claim and must require its Subcontractors, regardless of tier, and materialmen to do likewise. 9.7. If a Contractor’s Claim has not been resolved at the time of Substantial Completion, the Contractor’s exclusive remedy is to file suit in the Common Pleas Court for the county in which the Project is located within 90 days of Substantial Completion, unless the parties otherwise agree in writing, else such Claim is waived. Each party waives its right to remove any such suit to federal court. 9.8. Unless otherwise agreed in writing, Contractor shall continue its Work on the Project and shall maintain progress during any mediation, arbitration, or litigation proceedings, and the Owner shall continue to make payments to the Contractor in accordance with this Agreement, however, the Owner shall be under no obligation to make payments on or against any claim or amounts in dispute during the pendency of any mediation, arbitration, or litigation proceeding to resolve those claims or amounts in dispute. 9.9. Settlement Offers. If the Contractor initiates a claim, the Owner may make settlement offers to settle the Claim at any time up to the date of trial. Such settlement offers shall be subject to Rule 408 (Compromise and Offers of Compromise) of the Ohio Rules of Evidence. If at any stage of the litigation, including any appeals, the Contractor’s Claim is dismissed or found to be without merit, or if the damages awarded to the Contractor on its Claim do not exceed the Owner’s last settlement offer, the Contractor shall be liable to the Owner and shall reimburse the Owner for all the Owner’s attorneys’ fees and expenses, and arising out of or related to such Claim since the date of such last settlement offer. 9.10. Waiver of Claims for Consequential Damages. The Contractor waives Claims against the Owner for consequential damages arising out of or relating to this Contract. This waiver includes damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This waiver is applicable, without limitation, to all consequential damages due to the Owner's termination of the Agreement in accordance with this Agreement. 10. DEFAULT OF CONTRACTOR. 10.1. Events of Default. Each of the following constitutes an event of default of Contractor: 10.1.1. Contractor’s failure to perform any of its obligations under the Contract Documents or failure to proceed to commence to correct such failure in accordance with Section 5.1. 10.1.2. Contractor’s failure to pay its obligations incurred in connection with this Agreement as they become due or Contractor’s insolvency. 10.2. Owner's Remedies. Upon the occurrence of an event of default, Owner has the following remedies, which are cumulative: 10.2.1. Order Contractor to stop the Work, which Contractor must do immediately; 10.2.2. To perform through others all or any part of the Work remaining to be done and to deduct the cost thereof from the unpaid balance of the Contract Sum or, if the unpaid balance of the Contract Sum is inadequate, to demand reimbursement of amounts previously paid to Contractor; 10.2.3. To terminate this Agreement and take possession of, for the purpose of completing the Work or any part of it, all materials, equipment, scaffolds, tools, appliances, and other items belonging to or possessed by Contractor, all of which Contractor hereby transfers and assigns to Owner for such purpose, and to employ any person or persons to complete the Work, including Contractor’s employees, and Contractor will not be entitled to receive any further payment until the Work is completed; 10.2.4. To accept assignment of Contractor’s subcontracts for the Project, pursuant to any prior rights of the surety, if any, and, at the Owners’ sole discretion, to further assign the subcontracts to a successor — 11 — contractor or other entity provided that (i) the Owner terminates this Agreement for cause, and (ii) provides written notice of such assignment to both Contractor and Subcontractor; and/or, 10.2.5. All other remedies that Owner may have at law or in equity or otherwise under the Contract Documents. 10.3. Termination of Agreement. The termination of this Agreement will be without prejudice to Owner’s rights and remedies, including without limitation Owner’s right to be indemnified by Contractor. 10.4. Payments Due Contractor. If the unpaid balance of the Contract Sum exceeds the cost of finishing the Project, including any costs, expenses, or damages incurred by Owner as a result of the event of default, including attorneys’ and consultants’ fees and the administrative expense of Owner’s staff, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor is responsible to pay the difference to Owner. The obligations under this section will survive termination of this Agreement. 11. DEFAULT OF OWNER. 11.1.1. Events of Default. The following constitutes the exclusive events of default of Owner: 11.1.1.1. Failure of Owner to perform any express material obligation under the Contract Documents and to correct such failure within thirty (30) days after receipt of written notice thereof from Contractor specifying the default and the necessary corrective action. 11.2. Contractor's Remedy. 11.2.1. Contractor’s sole and exclusive remedy for the default of Owner shall be to follow the procedure set forth in Article 9. 11.2.2. Notwithstanding Section 11.2.1, if Owner fails to pay Contractor undisputed amounts as payment becomes due, Contractor may, upon fifteen (15) days written notice, stop the Work until payment of the undisputed amount owing has been received. 12. SUSPENSION OR TERMINATION FOR THE CONVENIENCE OF OWNER. 12.1. Suspension for the Convenience of Owner. 12.1.1. Owner may, without cause, order Contractor to suspend, delay, or interrupt the Work in whole or in part for such period of time as Owner may determine. 12.1.2. An equitable adjustment will be made for increases in the Contract Time and cost of performance of the Work, including profit and overhead on the increased cost of performance, caused by the suspension, delay or interruption, provided that the total cost of profit and overhead shall not exceed ten percent (10%) of the amount of the increased cost not attributable to profit or overhead. No adjustment will be made to the extent that: (a) performance is, was or would have been so suspended, delayed, or interrupted by another cause for which Contractor is responsible; or (b) an equitable adjustment is made or denied under another provision of this Agreement for a concurrent event. 12.2. Termination for the Convenience of Owner. 12.2.1. Owner may, in its discretion and without cause, upon three (3) business days’ written notice to Contractor terminate this Agreement for Owner’s convenience. 12.2.2. Upon receipt of a written notice from Owner terminating this Agreement for the Owner’s convenience and without cause, the Contractor will (i) immediately cease performing any or all portions of the Work, unless otherwise directed by the Owner, in which case the Contractor will take the action directed by the Owner, (ii) immediately take all reasonable and necessary action to protect and preserve the Work, and (iii) unless otherwise directed by Owner, terminate or assign all agreements with Subcontractors and suppliers. — 12 — 12.2.3. If this Agreement is terminated for the Owner’s convenience and there exists no event of Contractor’s default, as defined in this Agreement, the Contractor shall be entitled to receive payment (i) for Work properly executed up to the date the notice of termination is received by Contractor, including overhead and profit up to the date of termination, and (ii) for Work performed at the direction of the Owner on and after the date on which the notice of termination is received by the Contractor, as determined by the procedures applicable to Change Orders. 12.2.4. If this Agreement is terminated for the Owner’s convenience and there exists an event of Contractor’s default, as defined in this Agreement, Contractor will be entitled to receive only such sums as it would be entitled to receive following the occurrence of an event of default under this Agreement. 12.2.5. The termination of this Agreement will be without prejudice to any rights or remedies that exist at the time of termination. 13. INSURANCE, INDEMNIFICATION, AND BOND. 13.1. Contractor must maintain commercial general liability insurance in the minimum amount of $1,000,000.00 per incident and $2,000,000.00 aggregate, worker’s compensation coverage as required by the Ohio Revised Code, automobile liability coverage in the minimum amount of $1,000,000.00 per accident and $2,000,000 aggregate, and an umbrella policy in the minimum amount of $5,000,000.00, unless Owner approves other coverage limits in writing. Excess or umbrella coverage may be used to meet these levels of insurance. The Owner shall be named as an additional insured on the Contractor’s insurance policies. The Contractor shall provide a certificate of insurance showing the required coverages, with the Owner named as a certificate holder and as an additional insured; Contractor also agrees to provide Owner with at least thirty (30) days’ notice prior to any changes in coverage of the required insurance. The Contractor shall maintain all such coverage for a period of 3 years after the Date for Final Completion. 13.1.1. The Contractor shall maintain Contractors Errors & Omissions Liability Insurance insuring against errors and omissions arising from the Work if the Work involves any construction management or the preparation of plans and drawings, with limits of not less than $1,000,000.00 per claim. Such policy shall not contain any exclusions directed toward any types of materials, services or processes involved in the Work. The retroactive date for coverage will be no later than the commencement date of design and will state that in the event of cancellation or nonrenewal the discovery period for insurance claims will be at least three (3) years or otherwise as by written agreement with the Owner. 13.2. Insurance furnished by the Owner, if any, is not intended to and does not cover equipment and materials before they are physically incorporated into the Work or tools. Contractor bears the entire risk of loss with respect to tools, equipment, and materials. Contractor is responsible for damages to Owner’s property and to adjacent property caused by or related to the Work or actions by Contractor’s employees or those of its subcontractors. 13.3. The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an “all-risk” or equivalent policy form, including builder’s risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 7.3 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 13.3 to be covered, whichever is later. The insurance shall include interests of the Owner, the Contractor, Subcontractors, and Sub-subcontractors in the Project. 13.4. Owner and Contractor waive all rights, including all rights of subrogation, against each other and against Subcontractors, Sub-subcontractors, consultants, agents, and employees of the other for damages during construction, but only to the extent covered by (and not prohibited by) any applicable property insurance or builder’s risk insurance, except such rights as they may have to the proceeds of such insurances. 13.5. To the maximum extent permitted by law, Contractor shall indemnify and hold harmless Owner and Owner’s consultants, agents, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorneys’ and consultants’ fees, arising out of or related to the performance of the Work, including but not limited to the failure of Contractor to perform its obligations under the Contract — 13 — Documents, any claims for bodily injury, sickness, disease, or death or to injury to or destruction of or loss of use of real or personal property, claims for additional storage and handling charges, liens against funds, claims related to the alleged failure of the Contractor to perform in accordance with the Contract Documents, and/or claims related to the removal, handling, or use of any hazardous materials. Owner may withhold amounts equal to any sums for which it is entitled to be indemnified from the amounts otherwise due Contractor under the Contract Documents. 13.6. In claims against any person or entity indemnified under this Contract by an employee of Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligations under this Contract shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable for Contractor or Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts. Contractor expressly waives any protection or immunity with respect to Workers’ Compensation claims related to indemnification given under this Agreement. 13.7. Contract Bond. 13.7.1. The Contractor shall provide a contract bond to guaranty payment and performance of the Work, as required by Ohio law. When the Contractor delivers the executed counterparts of the Agreement to the Owner, the Contractor shall deliver such bond to the Owner, along with other documents as may be required. 13.7.1.1. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of the Agreement or Ohio law, the Contractor shall promptly notify the Owner and shall, within twenty (20) days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of the Contract Documents and Ohio law. 13.7.2. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. 13.7.3. Material Default or Termination. If the Owner notifies the Contractor’s surety that the Contractor is in material default or terminates the Contract, the surety will promptly and within twenty-one (21) days investigate the claimed material default or termination. If the Owner gives a notice of material default and then terminates the Contract, the surety shall complete its investigation within twenty-one (21) days of the notice of material default. As part of such investigation, the surety shall visit the offices of the Contractor and Owner to review the available project records. If the surety proposes to take over the Work, the surety shall do so no later than the expiration of the twenty-one (21) day period or ten (10) days after the date the Owner terminates the Contract, whichever is later. If the Owner terminates the Work, and the surety proposed to provide a replacement contractor, the replacement contractor shall be fully capable of performing the Work in accordance with the Contract Documents, including meeting all of the requirements of the Contract Documents. If the Contractor is terminated, the replacement contractor shall not be the Contractor. The surety will provide the Owner with the results of its investigation, including any written report or documents. This Section 13.7.3 is in addition to the Owner’s rights under this Agreement to terminate the Contractor for cause and is not intended to create any rights of the surety, including but not limited to the right to take over the Contractor’s obligations. 14. WARRANTIES. In addition to any other warranties, guarantees, or obligations set forth in the Contract Documents or applicable as a matter of law and not in limitation of the terms of the Contract Documents, Contractor warrants and guarantees that: (a) Owner will have good title to the Work and all materials and equipment incorporated into the Work will be new; (b) The Work and all materials and equipment incorporated into the Work will be free from all defects, including any defects in workmanship or materials; (c) The Work and all equipment incorporated into the Work will be fit for the purpose for which intended; (d) The Work and all materials and equipment incorporated into the Work will be merchantable; and, — 14 — (e) The Work and all materials and equipment incorporated into the Work will conform in all respects to the Contract Documents. Upon notice of the breach of any of the foregoing warranties or guarantees or any other warranties or guarantees under the Contract Documents, Contractor, in addition to any other requirements in the Contract Documents, shall commence to correct such breach and all resulting damage within two (2) business days after written notice from the Owner. Contractor shall correct such breach and damage to the satisfaction of Owner within fifteen (15) days of such notice except when an extension of time is granted in writing by Owner; provided that if such notice is given after final payment hereunder, such 2-day period will be extended to seven (7) days and such 15-day period shall be extended to thirty (30) days. If Contractor fails to commence to correct such breach and damage, or to correct such breach and damage as provided above, Owner, upon written notice to Contractor and without prejudice to any of its other rights or remedies, may correct the deficiencies. Contractor upon written notice from Owner shall pay Owner, within ten (10) days after the date of such notice, all of Owner’s costs and expenses incurred in connection with or related to such correction and/or breach, including without limitation Owner’s administrative, legal, design, and consulting expenses. The foregoing warranties and obligations of Contractor will survive the final payment and/or termination of this Agreement. If the Contractor fails to pay the Owner any amounts due under this Article 14, Contractor will pay Owner, in addition to the amounts due, a late payment fee of one and one-half percent (1.5%) per month for each month or part thereof that the payments are not paid when due. 15. GENERAL. 15.1. Modification. No modification or waiver of any of the terms of this Agreement or of any other Contract Documents shall be effective against a party unless set forth in writing and signed by or on behalf of a party, which in the case of Owner shall require the signature of Owner pursuant to a specific resolution of Owner. Under no circumstances will forbearance, including the failure or repeated failure to insist upon compliance with the terms of the Contract Documents, constitute the waiver or modification of any such terms. The parties acknowledge that no person has authority to modify this Agreement or the other Contract Documents or to waive any of its or their terms, except as expressly provided in this Paragraph. 15.2. Assignment. Contractor may not assign this Agreement without the written consent of Owner, which Owner may withhold in its sole discretion. 15.3. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Owner or Contractor. 15.4. Law and Jurisdiction. All questions regarding the validity, intention, or meaning of this Agreement or any modifications of it relating to the rights and obligations of the parties shall be construed and resolved under the laws of the State of Ohio. Any suit, which may be brought to enforce any provision of this Agreement or any remedy with respect hereto, shall be brought in the Common Pleas Court for the county in which the Project is located, and each party hereby expressly consents to the jurisdiction of such court. Each party waives its right to remove any such suit to federal court. 15.5. Statute of Limitations. Regardless of any provision to the contrary, the statute of limitations with respect to any defective or non-conforming Work that is not discovered by Owner will not commence until the discovery of such defective or non-conforming Work by Owner. 15.6. Notices. Notices, requests, or demands by either party shall be in writing, unless otherwise expressly authorized, and shall be personally served; forwarded by expedited messenger service; sent by facsimile transmission; sent by electronic mail with delivery confirmation; or be given by registered or certified mail, return receipt requested, postage prepaid, and addressed to the party at the address set forth at the beginning of this Agreement. Any party may change its address by giving written notice hereunder. All notices, requests, and demands shall be deemed received upon receipt in the case of personal delivery or delivery by expedited messenger service, including leaving the notice at the address provided herein during normal business hours; upon the expiration of forty-eight (48) hours from the time of deposit in the United States mail; or, in the case of a notice given by electronic mail or facsimile transmission, upon the expiration of 24 hours after the transmission is sent. 15.7. Construction. The parties acknowledge that each party has reviewed this Agreement and the other Contract Documents and has voluntarily entered into this Agreement. Accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be — 15 — employed in the interpretation of this Agreement, the other Contract Documents, or any amendments or exhibits to it or them. 15.8. Approvals. Except as expressly provided herein, the approvals and determinations of Owner will be subject to the sole discretion of Owner and will be valid and binding on Contractor, provided only that they be made in good faith, i.e., honestly. If Contractor challenges any such approval or determination, Contractor bears the burden of proving by clear and convincing evidence that it was not made in good faith. 15.9. Partial Invalidity. If any term or provision of this Agreement is found to be illegal, unenforceable, or in violation of any laws, statutes, ordinances, or regulations of any public authority having jurisdiction, then, notwithstanding such term or provision, this Agreement shall remain in full force and effect, and such term shall be deemed stricken; provided this Agreement shall be interpreted, when possible, so as to reflect the intentions of the parties as indicated by any such stricken term or provision. 15.10. Compliance with Laws and Regulations. Contractor, at its expense, must comply with all applicable federal, state, and local laws, rules, and regulations applicable to the Work. 15.11. Project Safety. Contractor must follow all applicable safety and health regulations during the progress of the Project and monitor all of its employees and its subcontractors for compliance with such safety and health regulations. In undertaking the responsibilities set forth in this section, Contractor does not assume any duty or responsibility to the employees of any Subcontractor or supplier, regardless of tier. Owner assumes no responsibility for the development, review, or implementation of any project safety plan or for Project safety and has no authority to direct the means and methods of Contractor. 15.12. Equal Opportunity. Contractor will not, and it will ensure that its Subcontractors, regardless of tier, do not, discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such action includes but is not limited to the following: employment, upgrading, demotion, transfer, recruitment or recruiting advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of nondiscrimination. Contractor is responsible to ensure that each of its Subcontractors, regardless of tier, states in all solicitations or advertisements for employees placed by them or on their behalf that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin No Findings for Recovery. 15.13. No Findings for Recovery. The Contractor represents that the Contractor is not subject to a finding for recovery under Section 9.24, Ohio Revised Code, or that the Contractor has taken the appropriate remedial steps required under Section 9.24, Ohio Revised Code, or otherwise qualifies under this section. If this representation and warranty is found to be false, the Contract is void, and Contractor will immediately repay Owner any funds paid to Contractor under this Contract. 15.14. Non-Discrimination. Contractor agrees: (a) That in the hiring of employees for the performance of Work under this Agreement or in any subcontract, neither the Contractor, subcontractor, nor any person acting on behalf of either of them, shall by reason of race, creed, sex, handicap, or color, discriminate against any citizen of the state in the employment of labor or workers who are qualified and available to perform the Work to which the employment relates. (b) That neither the Contractor, subcontractor, nor any person acting on behalf of either of them, shall, in any manner, discriminate against or intimidate any employee hired for the performance of Work under this Agreement on account of race, creed, sex, handicap, or color. (c) That there shall be deducted from the amount payable to the Contractor by the Owner under this Agreement a forfeiture of twenty-five dollars ($25.00) as required by Ohio Revised Code Section 153.60 for each person who is discriminated against or intimidated in violation of this Agreement. (d) That this Agreement may be canceled or terminated by the Owner and all money to become due hereunder may be forfeited for a second or subsequent violation of the terms of this section of this Agreement. — 16 — 15.15. Use of Owner's Facilities. Contractor will ensure that neither its employees, nor its Subcontractor’s or material supplier’s employees, regardless of tier, do any of the following without the express prior written consent of Owner: (a) use Owner’s facilities including but not limited to, common areas, rest rooms, or phones; (b) use or bring any alcoholic beverages, controlled substances, or firearms on any property owned by Owner; (c) use any radios, tape or compact disc players, or sound amplification equipment; and (d) interact in any manner with building occupants, except where necessary to preserve the safety of building occupants. Contractor must conspicuously post notice of the prohibitions listed in this section at the Project site in the same location as OSHA notices are required to be posted and shall verbally inform all of Contractor’s employees, and the employees of Contractor’s Subcontractors and materialmen, regardless of tier, of such prohibitions. The notice must be in a form acceptable to Owner. 15.16. Entire Agreement. This Agreement and the other Contract Documents constitute the entire agreement among the parties with respect to their subject matter and will supersede all prior and contemporaneous, oral or written, agreements, negotiations, communications, representations, and understandings with respect to such subject matter, and no person is justified in relying on such agreements, negotiations, communications, representations, or understandings. 15.17. Attachments. Attachments to this Agreement include: Exhibit A: Executed Contract Bond Exhibit B: Sales and Use Tax Construction Contract Exemption Certificate Exhibit C: Contractor’s Proposal dated __________ __, 202_, incorporated to the extent not inconsistent with this Agreement. Any terms and conditions included in the Proposal are expressly rejected by the Owner Exhibit D: Vendor Criminal History Record Check However, in the event of an inconsistency, the provisions of this Agreement control over any proposal, document, or other attachment. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their properly authorized representatives. Owner: Dublin City School District Board of Education Signature By: Printed Name and Title Date: Contractor: ______________________________ Signature By: Printed Name and Title Date: CERTIFICATE OF FUNDS (ORC Section 5705.41) — 17 — The undersigned, Fiscal Officer of the Owner, hereby certifies in connection with the Agreement to which this Certificate is attached that the amount required to meet the obligations under the contract, obligation, or expenditure for the services described in the attached agreement, has been lawfully appropriated for the purpose, and is in the treasury or in process of collection to the credit of an appropriate fund, free from any outstanding obligation or encumbrance. Dated: ____________________ Fiscal Officer Exhibit A - Contract Bond (ORC § 153.57) Page 1 of 2 19034579v1 KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned as Principal Contractor Name at Contractor Address and , as Surety, Surety Name are hereby held and firmly bound unto the Dublin City School District Board of Education, as Obligee, in the penal sum of Dollars, for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that whereas, the above-named Principal did on the _____ day of ____________________, 202_, enter into a contract with the Obligee, for the work specified for the Playground Replacement Project, which contract is made a part of this bond the same as though set forth herein: Now, if the said Principal shall well and faithfully do and perform the things agreed by the Principal to be done and performed according to the terms of said contract; and shall pay all lawful claims of subcontractors, materialmen, and laborers, for labor performed and materials furnished in the carrying forward, performing, or completing of said contract; we agreeing and assenting that this undertaking shall be for the benefit of any materialman or laborer having a just claim, as well as for the Obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. The said Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of the said contract or in or to the plans or specifications therefor shall in any wise affect the Dublin CSD Contract Bond Page 2 of 2 19034579v1 obligations of said Surety on its bond, and the Surety does hereby waive notice of any such modifications, omissions, or additions. Signed and sealed this _____ day of ____________________, 202_. Principal: By: Signature Printed Name & Title Surety: By: Signature , Attorney-in-Fact Printed Name Surety Information Street Address City State ZIP Telephone Number Surety Agent’s Information Agency Name Surety Street Address City State ZIP Telephone Number Email Address STEC CC Rev. 11/14 Sales and Use Tax Construction Contract Exemption Certifi cate Identifi cation of Contract: Contractee’s (owner’s) name Exact location of job/project Name of job/project as it appears on contract documentation The undersigned hereby certifi es that the tangible personal property purchased under this exemption certifi cate was pur- chased for incorporation into: A building used exclusively for charitable purposes by a nonprofi t organization operated exclusively for charitable purposes ...