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					                                           Construction
                                            Contract




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                                                                   CONSTRUCTION CONTRACT




                                                               TABLE OF CONTENTS

                                                                                                                                                          PAGE

ARTICLE 1. DEFINITIONS AND TERMINOLOGY ............................................................................................... 3
ARTICLE 2. TERMINOLOGY AND INTERPRETATION ....................................................................................... 5
ARTICLE 3. PRELIMINARY MATTERS ................................................................................................................ 6
ARTICLE 4. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ........................................................... 7
ARTICLE 5. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
      POINTS ..................................................................................................................................................... 8
ARTICLE 6. BONDS AND INSURANCE ............................................................................................................. 10
ARTICLE 7. CONTRACTOR’S RESPONSIBILITIES ......................................................................................... 14
ARTICLE 8. INDEMNIFICATION ......................................................................................................................... 27
ARTICLE 9. OTHER WORK ................................................................................................................................ 27
ARTICLE 10. LCRA’S RESPONSIBILITIES ....................................................................................................... 28
ARTICLE 11. DESIGNER’S STATUS DURING CONSTRUCTION .................................................................... 28
ARTICLE 12. CHANGES IN THE WORK; CLAIMS ............................................................................................ 29
ARTICLE 13. COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ........................................ 30
ARTICLE 14. CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ....................................... 32
ARTICLE 15. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF NON-
      CONFORMING WORK ........................................................................................................................... 34
ARTICLE 16. PAYMENTS TO CONTRACTOR AND COMPLETION ................................................................ 35
ARTICLE 17. SUSPENSION OF WORK AND TERMINATION .......................................................................... 38
ARTICLE 18. ALTERNATIVE DISPUTE RESOLUTION ..................................................................................... 39
ARTICLE 19. MISCELLANEOUS ........................................................................................................................ 40
ARTICLE 20. RIGHT TO AUDIT .......................................................................................................................... 42
ARTICLE 21. ENVIRONMENTAL PURCHASING .............................................................................................. 42
EXHIBIT A – PRICING ......................................................................................................................................... 44
EXHIBIT B – SPECIFICATIONS & DRAWING LIST .......................................................................................... 45
EXHIBIT C – PAYMENT MILESTONE SCHEDULE ........................................................................................... 46
EXHIBIT D – DOCUMENTATION SUBMITTAL REQUIREMENTS AND SCHEDULE ..................................... 47
EXHIBIT E – CONTRACT DELIVERABLES ....................................................................................................... 48
EXHIBIT F – CHANGE LOG ................................................................................................................................ 49
EXHIBIT G – LABOR & MATERIAL PAYMENT BOND ..................................................................................... 50
EXHIBIT H – PERFORMANCE BOND ................................................................................................................ 51




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                                                               CONSTRUCTION CONTRACT



                                                              TERMS AND CONDITIONS
          This is a contract (“Contract”) between the Lower Colorado River Authority ("LCRA"), a conservation and reclamation district of the State
of Texas and __________________________________ ("Contractor"), collectively referred to as the “Parties” or individually as a “Party” for the
construction described in this Contract, for and in consideration of the payment terms and performance obligations described herein.

ARTICLE 1. DEFINITIONS AND TERMINOLOGY
Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are
applicable to both the singular and plural thereof.

  (a)   Addenda -- Written or graphic instruments issued prior to the opening of Proposals which clarify, correct, or change the Contract
        Documents.
  (b)   Alternative Dispute Resolution -- The process by which a disputed Claim may be settled if the LCRA and Contractor cannot reach an
        agreement between themselves, as an alternative to litigation.
  (c)   Asbestos -- Asbestiform varieties of: (i) chrysotile; (ii) crocidoite; (iii) amosite; (iv) anthophyllite; (v) tremolite; or (vi) actinolite. 15 U.S.C. §
        2642(3).
  (d)   Asbestos-Containing Material -- Any material which contains more than 1 percent asbestos by weight. 15 U.S.C. § 2642(3).
  (e)   Bonds -- Performance and payment bonds and other instruments of security.
  (f)   Calendar Day -- Any day of the week; no days being excepted. As used herein, the word “day” shall constitute a calendar day of twenty-
        four (24) hours measured from midnight to the next midnight.
  (g)   Change Order -- A document signed by Contractor and LCRA that authorizes an addition, deletion, or revision in the Work or an adjustment
        in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract.
  (h)   Claim -- A demand or assertion by LCRA or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief
        with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.
  (i)   Competent Person -- One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which
        are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
  (j)   Contract -- The entire and integrated written Contract between LCRA and Contractor concerning the Work. The Contract supersedes prior
        negotiations, representations, or agreements, whether written or oral.
  (k)   Contract Documents -- The Contract Documents establish the rights and obligations of the Parties and include the Contract, Addenda that
        pertain to the Contract Documents, those portions of the Contractor’s Proposal attached as an exhibit to the Contract, the Notice to Proceed,
        the Bonds, these Terms and Conditions, the Technical Specifications and the Drawings as the same are more specifically identified in the
        Contract, together with all attached Exhibits, Written Amendments, Change Orders, Work Change Directives, Field Orders, and Designer’s
        written interpretations and clarifications issued on or after the Effective Date of the Contract. Approved Shop Drawings and the reports and
        drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this Article
        are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by LCRA to Contractor
        are not Contract Documents.
  (l)   Contract Price -- The moneys payable by LCRA to Contractor for completion of the Work in accordance with the Contract Documents as
        stated in the Contract.
  (m)   Contract Time -- The number of days or the dates stated in the Contract to achieve Substantial Completion.
  (n)   Contractor -- The individual or entity with whom LCRA has entered into the Contract.
  (o)   Cost of the Work -- The sum of all costs necessarily incurred and actually paid by Contractor in the proper performance of the Work.
  (p)   Defective -- The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it does
        not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred
        to in the Contract Documents, or has been damaged prior to Designer’s recommendation of final payment (unless responsibility for the
        protection thereof has been assumed by LCRA at Substantial Completion under Article 16(d) or 16(e)).
  (q)   Designer -- LCRA’s design professional as indicated elsewhere in the Contract Documents. Designer may be either an architect or
        professional engineer that holds all required licenses to practice its profession in Texas. Nothing contained in the Contract Documents shall
        create or imply any contractual or agency relationship between Designer and Contractor.
  (r)   Drawings -- That part of the Contract Documents prepared by Designer (and approved by LCRA which graphically shows the scope, extent,
        and character of the Work to be furnished and performed by Contractor. Drawings may include, without limitation, plans, elevations,
        sections, details, schedules and diagrams. Shop Drawings and other Contractor submittals are not Drawings as so defined.
  (s)   Effective Date of the Contract -- The date on which the Contract is signed by the last of the two (2) Parties to sign it.
  (t)   Designer's Consultant -- An individual or entity having a contract with Designer to furnish services as Designer’s independent professional
        associate or consultant with respect to the Project.



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  (u)    Field Order -- A document approved and signed by the Owners Representative and Supplier that changes only the work or schedule and
         may not change any other part of the Contract.
  (v)    Final Completion --The point in time when LCRA determines that all Work has been completed, , including without limitation, removal of all
         tools, appliances, construction equipment and machinery, and surplus materials from the Site, and the delivery of all as-built drawings,
         operations and maintenance manuals, warranties and all other Documents required by the Specifications.
  (w)    Friable Asbestos-Containing Material -- Any asbestos-containing material applied on ceilings, walls, structural members, piping, duct
         work, or any other part of a building which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. The term
         includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent that when dry it
         may be crumbled, pulverized, or reduced to powder by hand pressure. 15 U.S.C. § 2642(6).
  (x)    Hazardous Environmental Condition -- The presence at the Site of Asbestos, PCBs, Petroleum, Solid Waste, Hazardous Waste, or
         Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in
         connection with the Work.
  (y)    Hazardous Substance -- Any substance designated pursuant to the Tex. Solid Waste Disposal Act, Tex. Health & Safety Code §
         361.003(11) as amended.
  (z)    Hazardous Waste -- The term Hazardous Waste shall have the meaning provided in Tex. Solid Waste Disposal Act, Tex. Health & Safety
         Code § 361.003(12) as amended.
  (aa) Inspector --The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work.
  (bb) Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and
       all governmental bodies, agencies, authorities, and courts having jurisdiction.
  (cc)   LCRA -- Lower Colorado River Authority, a conservation and reclamation district of the State of Texas pursuant to Article XVI, Section 59, of
         the Texas Constitution.
  (dd) LCRA Authorized Agent -- The individual who is responsible for the administration of and changes to the contract. LCRA Authorized Agent
       shall be the individual designated to receive notices for LCRA under this Contract.
  (ee) Liens -- Charges, security interests, or other encumbrances upon Project funds, real property, or personal property.
  (ff)   Milestone Date -- A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to
         Substantial Completion of all the Work.
  (gg) Notice to Proceed -- A written notice given by LCRA to Contractor on which Contractor shall start to perform the Work under the Contract
       Documents and fixing the date on which the Contract Time will commence to run and. Notice to Proceed may be given at any time within
       sixty (60) calendar days after the Effective Date of the Contract, unless extended by written Contract of the Parties.
  (hh) Owners Representative -- The individual who assists the LCRA Authorized Agent in monitoring the performance of the Contract.
  (ii)   Partial Utilization -- Use by LCRA of a substantially completed part of the Work for the purpose for which it is intended (or a related
         purpose) prior to Substantial Completion of all the Work.
  (jj)   Payment Application -- The form acceptable to LCRA which is to be used by Contractor during the course of the Work in requesting
         progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.
  (kk)   PCBs -- Polychlorinated biphenyls, as defined 40 C.F.R. § 76.13 as amended.
  (ll)   Petroleum -- A crude oil or any refined or unrefined fraction or derivative of crude oil which is liquid at standard conditions of temperature
         and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse,
         gasoline, kerosene, and oil mixed with non-Hazardous Waste.
  (mm) Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole or a part, as indicated
       elsewhere in the Contract Documents.
  (nn) Project Manual -- The bound documentary information prepared for bidding and constructing the Work.
  (oo) Proposal -- The offer or Proposal submitted by Contractor on the prescribed form setting forth the prices for the Work to be performed.
  (pp) Radioactive Material -- Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011
       et seq.) as amended from time to time.
  (qq) Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which
       establish the standards by which such portion of the Work will be judged.
  (rr)   Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or
         assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
  (ss)   Site -- Lands or areas indicated in the Contract Documents as being furnished by LCRA upon which the Work is to be performed, including
         rights-of-way and easements for access thereto, and such other lands furnished by LCRA which are designated for the use of Contractor.
  (tt)   Specifications -- That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems,
         standards, and workmanship as applied to the Work and certain administrative details applicable thereto.



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  (uu) Subcontractor -- An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a
       part of the Work at the Site.
  (vv)   Substantial Completion -- The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of
         Designer and LCRA, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the
         Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and
         “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.
  (ww) Superintendent -- The person representing the Contractor who shall supervise and direct construction of the Work.
  (xx)   Supplier -- A manufacturer, fabricator, supplier, distributor, materialman, or other vendor having a direct contract with Contractor or any
         Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor.
  (yy)   Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities
         or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum
         products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other
         control systems.
  (zz)   Unit Price Work -- Work to be paid for on the basis of unit prices.
  (aaa) Work -- The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract
        Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such
        construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract
        Documents.
  (bbb) Work Change Directive -- A written statement to Contractor issued on or after the Effective Date of the Contract recommended by Designer
        and signed by LCRA ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical
        conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not itself change the Contract Price or
        the Contract Times but is evidence that the Parties expect that the change ordered or documented by a Work Change Directive will be
        incorporated in a subsequently issued Change Order following negotiations by the Parties as to its effect, if any, on the Contract Price or
        Contract Times.
  (ccc) Working Day -- Any day of the week, not including Saturdays, Sundays or Legal Holidays, for a continuous period of not less than seven (7)
        hours between 7:00 a.m. and 6:00 p.m.
  (ddd) Written Amendment -- A written statement modifying the Contract Documents, signed by LCRA and Contractor on or after the Effective
        Date of the Contract and normally dealing with the commercial, rather than the price schedule, design or technical, aspects of the Contract
        Documents.

ARTICLE 2. TERMINOLOGY AND INTERPRETATION
  (a)    Intent of Certain Terms or Adjectives. Whenever in the Contract Documents the terms “as allowed,” “as approved,” or the adjectives
         “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or words of like import are used to describe an action or determination of
         LCRA and/or Designer as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed
         Work for compliance with the requirements of the Contract Documents and conformance with the design concept of the completed Project
         as a functioning whole, as shown or indicated in the Contract Documents (unless there is an explicit statement indicating otherwise). The
         use of any such term or adjective does not assign to the LCRA any duty or authority with respect to design of the Work or to the LCRA or
         Designer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility
         contrary to the provisions of Article 11(a) or any other provision of the Contract Documents.
  (b)    Furnish, Install, Perform, Provide. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to
         supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in
         usable or operable condition.
         (1)   The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position
               said services, materials, or equipment complete and ready for intended use.

         (2)   The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install
               said services, materials, or equipment complete and ready for intended use.

         (3)   When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly
               requiring an obligation of Contractor, “provide” is implied.

  (c)    Knowledge. The terms “knowledge,” “recognize,” and “discuss,” and their respective derivatives, and similar terms in the Contract
         Documents, used in reference to the Contractor shall be interpreted to mean that which the Contractor knows (or should know), recognizes
         (or should recognize), and discovers (or should discover) in using the care, skill and diligence required by the Contract Documents and as
         would be used by a reasonably prudent Contractor. The term “reasonably inferable” and similar terms shall be interpreted to mean
         reasonably inferable by a Contractor familiar with the Project, and exercising the care, skill and diligence as would be exercised by a
         reasonably prudent Contractor and as required by the Contract Documents.
  (d)    Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade
         meaning are used in the Contract Documents in accordance with such recognized meaning.


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ARTICLE 3. PRELIMINARY MATTERS
  (a)   Starting the Work. Contractor shall start to perform the Work on the date set in the Notice to Proceed. No Work shall be done at the Site
        prior to the date set in the Notice to Proceed.
  (b)   Before Starting Construction.
        (1)   Contractor’s Review of Contract Documents. Before undertaking each part of the Work, Contractor shall carefully study and
              compare the Drawing and Specifications and check and verify pertinent figures therein and all applicable field measurements.
              Contractor shall promptly report in writing to Designer, with copy to LCRA’s Owner’s Representative, any conflict, error, ambiguity, or
              discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Designer before proceeding
              with any Work affected thereby;

        (2)   Preliminary Schedules and Submittals. Within ten (10) days after the Effective Date of the Contract, Contractor shall submit to
              LCRA for review:

              (i)     a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages
                      of the Work, including any Milestones specified in the Contract Documents, and identifying each Subcontractor and when such
                      Subcontractor will be utilized.
              (ii)    a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for
                      submitting, reviewing, and processing such submittal.
              (iii)   a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together
                      equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress
                      payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to
                      each item of Work.
              (iv)    shipping schedule for major equipment and materials, unloading and storage areas.
              (v)     a letter designating Contractor’s Superintendent.
              (vi)    a letter from Contractor and Subcontractor(s) listing salaried specialists.
              (vii)   names of the authorized representatives of each Subcontractor and material Supplier.
              (viii) a copy of the Contractor’s safety manual for record purposes only and intended Site security measures.
              (ix)    a letter designating the “Competent Person(s)” on general safety and trench safety measures.
              (x)     if applicable, a trench safety / shoring system plan.
              (xi)    if applicable, a plan illustrating proposed locations of temporary facilities.
              (xii)   if applicable, Contractor provided permits and licenses; and
              (xiii) if a list of the following types of materials that will be used to perform the Work:
                         Ozone-depleting Chemicals;
                         Materials with volatile organic compounds (VOCs);
                         Any material which will become an F-Listed waste (e.g., acetone, xylene, toluene, methyl ethyl ketone); or
                         Acutely Toxic Materials.

        (3)   Although LCRA may review Contractor‘s safety measures, such review shall not extend to the adequacy or sufficiency of such
              measures and shall not constitute acceptance or approval of such measures by LCRA.

        (4)   Contractor’s submitted construction schedule shall be in a detailed, precedence-style critical path management or Microsoft Project
              format, satisfactory to the LCRA and the Designer, that shall also: (i) provide a graphic representation of all activities and events that
              will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are
              critical in ensuring the timely completion of the Work in accordance with all “Milestone Dates” specified in the Contract Documents.
              Review by the LCRA and Designer does not constitute acceptance or approval of any of the Contractor’s means, methods,
              sequences, or techniques related to the construction, but does indicate that the schedule demonstrates compliance with the Contract
              Time and that the timetable included in the schedule appears feasible. LCRA may reject any schedule that does not conform to the
              Contract Time or that appears to establish an unfeasible plan for construction, and require re-submission.

        (5)   The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedule, and shall
              promptly advise the LCRA of any delays or potential delays. The accepted construction schedule shall be updated monthly as set
              forth in Article 7(d) to reflect actual conditions, or if requested by the LCRA or the Designer. If any progress report indicates any
              delays, the Contractor shall propose an affirmative plan to correct the delay, including overtime and/or additional labor, if necessary.
              In no event shall any schedule update constitute an adjustment in the Contract Time, any Milestone Date or the Contract Price unless
              such adjustment is agreed to in writing by the LCRA’s Owner’s Representative, and authorized pursuant to a Change Order.


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        (6)   Float contained in the Contractor’s schedule belongs neither to the Contractor nor the LCRA, but may be consumed by either party
              hereto to meet its individual needs. If Contractor’s schedule demonstrates an intent to substantially complete the Work early, the time
              between the planned early completion date and the end of the Contract Time shall be considered float.

  (c)   Preconstruction Conference. Prior to commencement of Work, a preconstruction conference attended by LCRA, Contractor, Designer, and
        other appropriate persons will be held to establish a working understanding among the Parties as to the Work and to discuss the schedules
        referred to in Article 3(e)(2), procedures for handling Shop Drawings and other submittals, processing Payment Applications, and
        maintaining required records.
  (d)   Initial Acceptance of Schedules. Should the Contractor fail to submit an acceptable progress schedule in accordance with Article 3(e)(2), a
        conference to be attended by the Contractor, LCRA’s Owner’s Representative, Designer and other appropriate persons will be held to
        review the Contractor’s submitted progress schedule ,as provided below. No progress payment shall become due or payable to Contractor
        until acceptable schedules are submitted to LCRA’s Owner’s Representative.
        (1)   The progress schedule will be acceptable to LCRA’s Owner’s Representative and Designer if it meets the requirements of Article
              3(e)(2) and provides an orderly progression of the Work to completion within any specified Milestone Dates and the Contract Times.
              Such review will not impose on LCRA’s Owner’s Representative or Designer responsibility for the progress schedule, sequencing,
              scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

        (2)   Contractor’s schedule of Shop Drawing and Sample submittals will be acceptable to LCRA’s Owner’s Representative and Designer if
              it provides a workable arrangement for reviewing and processing the required submittals.

        (3)   Contractor’s schedule of values will be acceptable to LCRA’s Owner’s Representative and Designer as to form and substance if it
              provides reasonable allocations of the Contract Price to component parts of the Work and conforms to the requirements of Article
              3(e)(2).

ARTICLE 4. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
  (a)   Intent. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The following order of
        precedence shall govern (top item receiving priority of interpretation):

        (1)   Addenda to the Contract Documents
        (2)   Technical Specifications
        (3)   Drawings (figured dimensions shall govern over scaled dimensions)
        (4)   Terms and Conditions
        (5)   Other Contract Forms
              Preprinted forms not originated by LCRA are hereby rejected by LCRA and shall not be included in the Contract Documents.

              It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with
              the Contract Documents. Any labor, documentation, services, materials, or equipment required to produce the intended result will be
              provided at no additional cost to LCRA if it may reasonably be inferred from the Contract Documents, or from prevailing custom or trade
              usage, even if not specifically called for.

              Designer shall issue all clarifications and interpretations of the Contract Documents as provided in Article 11.

  (b)   Standards, Specifications, Codes, Laws and Regulations. Reference to standards, specifications, manuals, or codes of any technical
        society, organization, or association, or to Laws or Regulations, whether explicit or implicit, shall mean the standard, specification, manual,
        code, or Laws or Regulations in effect at the time of opening of Proposals except as may be otherwise specifically stated in the Contract
        Documents.
              No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the
              duties or responsibilities of LCRA, Contractor, or Designer, or any of their Subcontractors, consultants, agents, or employees from
              those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to LCRA, Designer, or any
              of Designer’s Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty
              or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

  (c)   Reporting and Resolving Discrepancies.
        (1)   Reporting Discrepancies. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
              within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the
              performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall at
              once report it in writing to LCRA’s Owner’s Representative with copy to the Designer.
        (2)   Resolving Discrepancies. Except as otherwise specifically stated in the Contract Documents, the provisions of the Contract
              Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract
              Documents and: (i) the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated
              by reference in the Contract Documents); or (ii) the provisions of any Laws or Regulations applicable to the performance of the Work
              (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). If the


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              conflict, error, ambiguity, or discrepancy cannot be resolved by application of the foregoing means, Contractor shall not proceed with
              the Work affected thereby (except in an emergency as required by Article 7(p)) until a amendment or supplement to the Contract
              Documents has been issued by one of the methods indicated in Article 4(d).

  (d)   Amending and Supplementing Contract Documents.
        (1)   The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the Terms and
              Conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change
              Directive.
        (2)   The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be
              authorized, by one or more of the following ways: (i) a Field Order; (ii) Designer’s approval of a Shop Drawing or Sample;
              (iii) Designer’s written interpretation or clarification of matters the Designer is authorized to interpret or clarify pursuant to Article 11;
              and (iv) written amendment of the Contract Documents signed by LCRA and Contractor.

  (e)   Reuse of Documents. No Contractor, Subcontractor, Supplier or other individual or entity performing or furnishing any of the Work directly
        or indirectly to LCRA: (i) shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or
        copies of any thereof) prepared by or bearing the seal of Designer or Designer’s Consultant, including electronic media editions; none of
        them shall reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project
        without written consent of LCRA and Designer and specific written verification or adaptation by the Designer. This prohibition will survive
        final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude
        Contractor from retaining one copy of the Contract Documents for record purposes.
ARTICLE 5. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS
  (a)   Availability of Lands. LCRA shall furnish the Site. LCRA shall notify Contractor of any encumbrances or restrictions not of general
        application but specifically related to use of the Site with which Contractor must comply in performing the Work. LCRA will obtain in a timely
        manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and LCRA are unable to
        agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Time as a result of any delay in LCRA’s
        furnishing the Site, Contractor may make a Claim therefor as provided in Article 12(e).
        Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of
        materials and equipment.

  (b)   Subsurface and Physical Conditions. Contractor shall, by careful examination of the Contract Documents and the Site satisfy itself as to
        the nature and location of the Work, the soil and subsurface materials and underground installations to be encountered, the excavation
        requirements, the physical and environmental conditions, the character of equipment needed before and during the performance of the
        Work, the general and local conditions (including the availability and cost of skilled and unskilled labor needed to perform the Work), the
        facilities available, and all other matters which can in any way affect the Work or the cost thereof, having conducted itself all necessary
        inquiry, tests and investigations it deems necessary and proper.
  (c)   Reports and Drawings. The Contract Documents identify: (i) those reports of explorations and tests of subsurface conditions at or
        contiguous to the Site that Designer has used in preparing the Contract Documents; and (ii) those drawings of physical conditions in or
        relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Designer has used in
        preparing the Contract Documents.
  (d)   Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the general accuracy of the technical data
        contained in reports and drawings provided by Designer, but such reports and drawings are not Contract Documents. Except for such reliance
        on such technical data, Contractor may not rely upon or make any Claim against LCRA, Designer, or any of Designer’s Consultants with respect
        to: (i) the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods,
        techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or
        (ii) other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or (iii) any Contractor
        interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information.
  (e)   Differing Subsurface or Physical Conditions.
        (1)   Notice. If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed
              either: (i) is of such a nature as to establish that any technical data on which Contractor is entitled to rely as provided in Article 5(b) is
              materially inaccurate; or (ii) is of such a nature as to require a material change in the Contract Documents; or (iii) differs materially
              from that shown or indicated in the Contract Documents; or (iv) is of an unusual nature, and differs materially from conditions ordinarily
              encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor
              shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any
              Work in connection therewith (except in an emergency as required by Article 7(p)) and in no event later than seven (7) calendar days
              after the date on which Contractor first became aware of the conditions or the date on which Contractor should reasonably have
              become aware of such conditions, notify LCRA’s Owner’s Representative and Designer in writing about such condition. Contractor
              shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order
              from LCRA to do so.




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        (2)   Possible Price and Times Adjustments. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times
              if: (i) Contractor knew or reasonably should have known of the existence of such conditions at the time Contractor executed this
              Contract; or (ii) the existence of such condition could reasonably have been discovered or revealed as a result of any examination,
              investigation, exploration, test, or study of the Site and contiguous areas required by the Proposal or Contract Documents to be
              conducted by or for Contractor prior to making its Proposal; or (iii) Contractor failed to give the written notice within the time and as re-
              quired by Article 5(e)(1). Subject to the foregoing, the Contract Price or the Contract Times, or both, may be equitably adjusted if and
              to the extent that the existence of such differing subsurface or physical condition causes a material increase or decrease in
              Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: (i) such condition must meet
              any one or more of the categories described in Article 5(e)(1); and (ii) with respect to Work that is paid for on a Unit Price Basis, any
              adjustment in Contract Price will be subject to the provisions of Articles 11(h) and 13(c).

              If LCRA and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract
              Price or Contract Times, or both, a Claim may be made therefor as provided in Article 12(e). However, LCRA, Designer, and
              Designer’s Consultants shall not be liable to Contractor for the cost of making or prosecuting any Claim (including but not limited to all
              fees and charges of engineers, architects, attorneys, and other professionals and all court, arbitration or other dispute resolution
              costs) incurred by Contractor in connection with the Claim.

  (f)   Underground Facilities.
        (1)   Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground
              Facilities at or contiguous with the Site is based on information and data furnished to LCRA or Designer by the owners of such
              Underground Facilities. LCRA has indicated the general location of Underground Facilities and installations, such as pipes and buried
              cables, to the best of its knowledge. However, Contractor shall prospect to determine the exact locations before digging. Unless it is
              otherwise expressly provided in the Contract Documents, LCRA and Designer shall not be responsible for and disclaims all warranties
              of the accuracy or completeness of any such information or data. The cost of reviewing and checking all such information and data;
              locating all Underground Facilities shown or indicated in the Contract Documents; coordination of the Work with the owners of such
              Underground Facilities during construction, and the safety and protection of all such Underground Facilities and repairing any damage
              thereto resulting from the Work is included in the Contract Price, and Contractor shall have full responsibility therefore.

        (2)   Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or
              indicated, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or
              performing any Work in connection therewith (except in an emergency as required by Article 7(p)), identify the owner of such Under-
              ground Facility and give written notice to that owner and to LCRA’s Owner’s Representative. LCRA’s Owner’s Representative will
              promptly review the Underground Facility with Designer, as appropriate, and determine the extent, if any, to which a change is
              required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground
              Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

              If LCRA’s Owner’s Representative and Designer conclude that a change in the Contract Documents is required, a Work Change
              Directive or a Change Order will be issued to document such consequences. An equitable adjustment shall be made in the Contract
              Price or Contract Times, or both, to the extent that a material change in either is attributable to the existence or location of any
              Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents
              and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If LCRA and
              Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or
              Contract Times, LCRA or Contractor may make a Claim therefor as provided in Article 12(e).

  (g)   Reference Points. LCRA shall provide engineering surveys to establish reference points for construction which in Designer’s judgment are
        necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and
        preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written
        approval of LCRA. Contractor shall report to Designer with copy to LCRA’s Owner’s Representative whenever any reference point or
        property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be
        responsible for the accurate replacement or relocation of such reference points or property monuments by a Registered Public Land
        Surveyor at Contractor’s expense.
  (h)   Hazardous Environmental Condition at Site.
        (1)   Reports and Drawings. Reference is made to the Request for Proposal for the identification of those reports and drawings utilized
              by the Designer in the preparation of the Contract Documents, and relating to a Hazardous Environmental Condition identified at the
              Site, if any.

        (2)   Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the general accuracy of the “technical
              data” regarding a Hazardous environmental Condition contained in reports and drawings provided by Designer, but such reports and
              drawings are not Contract Documents. Except for such reliance on such “technical data,” Contractor may not rely upon or make any
              Claim against LCRA, Designer or any of Designer’s Consultants with respect to: (i) the accuracy or completeness of such reports and
              drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and
              procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or (ii) other data,
              interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or (iii) any Contractor
              interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information.




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        (3)   Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not
              shown, indicated in or reasonably inferable from the Drawings or Specifications or identified in the Contract Documents to be within
              the Scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought
              to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

        (4)   If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates
              a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in
              connection with such condition and in any area affected thereby (except in an emergency as required by Article 7(p)); and (iii) notify
              LCRA and Designer (and promptly thereafter confirm such notice in writing). LCRA shall promptly consult with Designer concerning
              the necessity for LCRA to retain a qualified expert to evaluate such condition or take corrective action, if any.

        (5)   Contractor shall not be required to resume Work in connection with such condition or in any affected area until after LCRA has ob-
              tained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any
              affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work
              may be resumed safely. If LCRA and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any
              adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which
              Work is agreed to be resumed by Contractor, either Party may make a Claim therefor as provided in Article 12(e). Contractor shall not
              be entitled to an adjustment in the Contract Price unless the special conditions for performance of the Work constitute a material
              change in the Work and the cost therefor.

        (6)   If, after receipt of such written notice to resume Work, Contractor does not agree to resume such Work based on a reasonable belief it
              is unsafe, or does not agree to resume such Work under such special conditions, then LCRA may order the portion of the Work that is
              in the area affected by such condition to be deleted from the Work. If LCRA and Contractor cannot agree as to entitlement to or on
              the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then
              either Party may make a Claim therefor as provided in Article 12(e). LCRA may have such deleted portion of the Work performed by
              LCRA’s own forces or others in accordance with Article 9.

        (7)   To the fullest extent permitted by Laws and Regulations, LCRA shall indemnify and hold harmless Contractor, Subcontractors, and the
              officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all
              claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
              professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental
              Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or
              identified in the Contract Documents to be included within the Scope of the Work, and (ii) was not created by Contractor or by anyone
              for whom Contractor is responsible. Nothing in this Article shall obligate LCRA to indemnify or hold harmless any individual or entity
              from and against the consequences of that individual’s or entity’s own negligence.

        (8)   To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless LCRA, Designer, Designer’s
              Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them
              from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,
              attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
              Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Article shall obligate
              Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

        (9)   The provisions of Articles 5(b), 5(e), and 5(f) are not intended to apply to a Hazardous Environmental Condition uncovered or revealed
              at the Site.

ARTICLE 6. BONDS AND INSURANCE
  (a)   Performance Bond. If the Contract Price exceeds $100,000, Contractor shall furnish LCRA with a Performance Bond in the form set out
        as an Exhibit to the Terms and Conditions. If a Performance Bond is required to be furnished, it shall extend and remain in effect throughout
        the one-year correction period as specified in Article 15(g) (or throughout the full term of the correction period if otherwise specified in the
        Contract Documents).
  (b)   Payment Bond. If the Contract Price exceeds $25,000, Contractor shall furnish LCRA with a Payment Bond in the form set out as an
        Exhibit to the Terms and Conditions. The Payment Bond shall remain in effect until proof that all parties due payment in connection with this
        Contract have been properly paid, or until the statutory time for notice of unpaid bills has expired, whichever is later.
        (1)   If the Contract Price is less than or equal to $25,000, Contractor will not be required to furnish a Payment Bond; provided that no
              moneys will be paid to Contractor until completion and acceptance of the Work by LCRA under the Terms and Conditions specified in
              Article 16(g).

        (2)   LCRA's property is, by law, exempt from liens or encumbrances of any kind whatsoever. If any mechanics' or materialmen's liens are
              filed at any time in connection with this project, Contractor shall take prompt action to get the liens discharged or released.

  (c)   When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the
        Contract Price as security for the faithful performance and/or payment of all Contractor's obligations under the Contract Documents.
        Performance Bonds and Payment Bonds shall be issued by a solvent U.S. corporate surety acceptable to LCRA authorized to do business



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        in the State of Texas, and shall meet any other requirements established by law or by LCRA pursuant to applicable law. The bonds shall be
        executed or countersigned by a Texas resident agent.
        (1)   All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall
              be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties
              on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management
              Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified
              copy of such agent’s authority to act. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds
              on a project without reinsurance to the limit of ten percent (10%) of its capital and surplus. Such a surety must reinsure any
              obligations over ten percent (10%).

        (2)   If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business in the State of
              Texas is terminated or it ceases to meet the requirements of this Article, Contractor shall within ten (10) days thereafter substitute another
              Bond and surety, both of which shall comply with the requirements herein. If LCRA does not receive a replacement bond within ten (10)
              calendar days, LCRA may at its sole discretion and at Contractor’s sole expense, order the Contractor to stop work immediately.

  (d)   Insurance.
        (1)   General Requirements. Contractor shall carry the types and minimum coverages of insurance specified below for the duration of the
              Contract, which shall include items owned by LCRA. The coverages stated shall not be construed to establish a limit of Contractor's
              responsibility or liability. The coverage limits, the forms, and the carriers providing the insurance policies shall be subject to the
              approval of LCRA. Approval of insurance by LCRA shall not relieve or decrease the liability of Contractor hereunder and shall not be
              construed to be a limitation of liability on the part of Contractor. Contractor must forward a copy of its insurance policies to LCRA
              before the Contract is executed as verification of coverage required below. If Contractor engages Subcontractors for work at the job
              Site, Contractor shall either provide coverage for Subcontractors in Contractor's insurance policies or require each Subcontractor to
              secure insurance of the same types and with the same coverage limits.

              (i)     Contractor's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the
                      policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material
                      insurance which shall be written by companies with A.M. Best ratings of A- or better.

              (ii)    Insurance policies shall be on an occurrence basis. All insurance shall remain in effect throughout the life of the Contract on
                      existing property of LCRA and all portions of the Work including those that have been completed until all Work specified in the
                      Contract is finally complete. If claims-made policies are provided, the terms of these policies shall extend for two (2) years
                      beyond Final Completion.

              (iii)   Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as
                      required in the Contract. Failure of Contractor to obtain and maintain the required insurance throughout the performance of the
                      Contract shall constitute a material breach of the Contract.

              (iv)    Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles
                      or self-insured retentions shall be disclosed on the Certificate of Insurance. The deductible portion of each type of coverage
                      shall not exceed ten percent (10%) of the coverage limit.

              (v)     Contractor hereby waives subrogation rights of all its insurance carriers and their successors and assigns against LCRA,
                      LCRA's Board of Directors and individual members, officials or employees.

              (vi)    If insurance policies are not written for amounts specified below, Contractor shall carry Umbrella or Excess Liability Insurance
                      for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary
                      coverage.

              (vii)   LCRA shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and
                      may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or
                      exclusions except where policy provisions are established by law or regulations binding upon either of the Parties hereto or the
                      underwriter on any such policies.

              (viii) LCRA reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make
                     reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by LCRA based
                     upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company
                     as well as Contractor.

              (ix)    Contractor shall provide LCRA thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all
                      applicable coverages indicated within the Contract.

              (x)     If LCRA owned property is being transported or stored off Site by Contractor, than the appropriate property policy will be
                      endorsed for transit and storage in an amount sufficient to protect LCRA's property.




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        (2)   Copies of Insurance Policies. Contractor shall deliver to LCRA, with copies to each additional insured, a copy of insurance policies
              which Contractor is required to purchase and maintain.

        (3)   Contractor’s Liability Insurance.
              Bodily Injury Liability - $2,000,000 each occurrence
              Property Damage Liability - $1,000,000 each occurrence
              (i)    Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as
                     will provide protection to LCRA and Designer from claims set forth below which may arise out of or result from Contractor’s
                     performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by
                     Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the
                     Work, or by anyone for whose acts any of them may be liable:
                     (i1)    claims under workers’ compensation, disability benefits, and other similar employee benefit acts;
                     (i2)    claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees;
                     (i3)    claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s
                             employees;
                     (i4)    claims for damages which are sustained by any person as a result of an offense directly or indirectly related to the em-
                             ployment of such person by Contractor, or by any other person for any other reason;
                     (i5)    claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including that of
                             LCRA, wherever located, including loss of use resulting therefrom; and
                     (i6)    claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,
                             maintenance or use of any motor vehicle.
              (ii)   The policies of insurance so required by this Article to be purchased and maintained shall:

                     (ii1)   if necessary, provide the carrier’s written endorsements to the various policies naming the LCRA, Designer, Designer’s
                             consultants and any other individuals or entities identified in the Terms and Conditions, and their respective directors,
                             officers, employees and agents as an additional insured, to the extent of the obligations assumed by Contractor pursuant
                             to this Contract, in each of the policies except Workers’ Compensation. Contractor shall be responsible for full payment of
                             the premium; a breach of the insurance contract between Contractor and its insurance carrier shall not void the policy as
                             to LCRA. All endorsements naming the LCRA as additional insured, waivers, and notices of cancellation endorsements
                             as well as the certificate of insurance shall indicate: Lower Colorado River Authority, Purchasing Department, P.O. Box
                             220, Austin, Texas 78767;
                     (ii2)   if necessary, provide the carrier’s written endorsement stating that Contractor’s liability insurance policies shall be primary;
                             any liability insurance of LCRA shall be secondary and noncontributory;
                     (ii3)   include at least the specific coverages and be written for not less than the limits of liability provided in the Terms and
                             Conditions or required by Laws or Regulations, whichever is greater;
                     (ii4)   include completed operations insurance;
                     (ii5)   include contractual liability insurance covering Contractor’s indemnity obligations under these Terms and Conditions;
                     (ii6)   contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal
                             refused until at least thirty (30) days prior written notice has been given to LCRA and Contractor and to each other
                             additional insured identified in the Terms and Conditions;
                     (ii7)   remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or
                             replacing defective Work in accordance with Article 15(g); and
                     (ii8)   (with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in
                             effect for at least two (2) years after final payment (and Contractor shall furnish LCRA and each other additional insured
                             identified in the Terms and Conditions, evidence satisfactory to LCRA and any such additional insured of continuation of
                             such insurance at final payment and two (2) years thereafter).
  (e)   Workers’ Compensation Insurance Coverage.
              Coverage A - Statutory

              Coverage B - $500,000 Employer's Liability

        (1)   Definitions:

              (i)    Certificate of coverage (“certificate”) – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the
                     Texas Workers’ Compensation Commission (the “TWCC”), or a coverage Contract (TWCC-81, TWCC-82, TWCC-83 or TWCC-


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                      84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on
                      the Project, for the duration of the Project.

              (ii)    Duration of the Project – Includes the time from the beginning of the Work on the Project until the Contractor’s/person’s Work on
                      the Project has been completed and accepted by the LCRA.

              (iii)   Persons providing services on the Project (“subcontractor” in Section 406.096 of the Texas Labor Code) – Includes all persons
                      or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether
                      that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without
                      limitation, independent contractors, subcontractors, leasing companies, motor carriers, LCRA-operators, employees of such
                      entity, or employees of any entity which furnishes persons to provide services on the Project. “Services” include, without
                      limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a
                      Project. “Services” does not include activities unrelated to the Project, such as food/beverage vendors and office supply
                      deliveries.

        (2)   The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
              coverage Contracts, which meets the statutory requirements of Texas Labor Code, §401.011(44) for all employees of the Contractor
              providing services on the Project, for the duration of the Project.

        (3)   The Contractor must provide a certificate of coverage to LCRA prior to being awarded the Contract.

        (4)   If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the Project, the Contractor
              must, prior to the end of the coverage period, file a new certificate of coverage with LCRA showing that the coverage has been
              extended.

        (5)   The Contractor shall obtain from each person providing services on the Project, and provide to the LCRA: (i) a certificate of coverage,
              prior to that person beginning Work on the Project, so that the LCRA will have on file certificates of coverage showing coverage for all
              persons providing services on the Project; and (ii) no later than seven (7) days after receipt by the Contractor, a new certificate of
              coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during
              the duration of the Project.

        (6)   The Contractor shall retain all required certificates of coverage on file for the duration of the Project and for one year thereafter.

        (7)   The Contractor shall notify the LCRA in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or
              should have known, of any change that materially affects the provision of coverage of any person providing services on the Project.

        (8)   The Contractor shall post on each Project Site a notice, in the text, form, and manner prescribed by the TWCC, informing all persons
              providing services on the Project that they are required to be covered, and stating how a person may verify current coverage and
              report failure to provide coverage.

        (9)   The Contractor shall contractually require each person with whom it contracts to provide services on a Project to: (i) provide coverage,
              based on proper reporting of classification codes and payroll amounts and filing of any coverage, which meets the statutory
              requirements of Texas Labor Code, §401.011(44) for all of its employees providing services on the Project, for the duration of the
              Project; (ii) provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that
              coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; (iii)
              provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the
              coverage period shown on the current certificate of coverage ends during the duration of the Project; (iv) obtain from each other
              person with whom it contracts, and provide to the Contractor: a certificate of coverage, prior to the other person beginning Work on the
              Project; and a new certificate of coverage showing extension of the coverage period, prior to the end of the coverage period, if the
              coverage period shown on the current certificate of coverage ends during the duration of the Project; (v) retain all required certificates
              of coverage on file for the duration of the Project and for one year thereafter; and (vi) notify the LCRA in writing by certified mail or
              personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision
              of coverage of any person providing services on the Project.

        (10) By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the LCRA
             that all employees of the Contractor and all others who will provide services on the Project will be covered by workers’ compensation
             coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll
             amounts, and that all coverage will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the TWCC’s
             Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative
             penalties, criminal penalties, or other civil actions.

        (11) The Contractor’s failure to comply with any of these provisions is a breach of Contract by the Contractor which entitles the LCRA to
             declare the Contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the
             LCRA.




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        (12) The following is the form of notice of workers’ compensation coverage prescribed by the TWCC. Pursuant to §110.110(d)(7), this
             notice must be printed with a title in at least 30-point bold type, and text in at least 19-point normal type, and shall be in both English
             and Spanish and any other language common to the worker population.

                                               “REQUIRED WORKERS’ COMPENSATION COVERAGE
                     The law requires that each person working on this Site or providing services related to this construction project
                     must be covered by worker’s compensation insurance. This includes persons providing, hauling, or delivering
                     equipment or materials, or providing labor or transportation or other service related to the project, regardless of
                     the identity of their employer or status as an employee.
                     Call the Texas Worker’s Compensation Commission at (512) 440-3789 to receive further information on the
                     legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
                     report an employer’s failure to provide coverage.”

  (f)   Automobile Liability. Automobile liability shall cover cars, trucks, and all other motor vehicles used in connection with the Work, whether
        owned, non-owned, hired or leased by Contractor, both on and off the job Site.
        (1)   Provide coverage in the following types and amounts:
              (i)    Bodily Injury Liability - $1,000,000 each occurrence
              (ii)   Property Damage Liability - $1,000,000 each occurrence

  (g)   Builder's Risk. Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to
        do business in the State of Texas, Builder's Risk Insurance in the amount of the initial Contract Price as well as subsequent modifications
        thereto for the entire Work at the Site on a replacement cost basis without voluntary deductibles. Such Builder's Risk 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, or until no person or entity other than LCRA has an insurable interest in
        the property required by this Contract not be covered, whichever is earlier. This insurance shall include interests of the LCRA, the
        Contractor, Subcontractors and Sub-subcontractors in the Work.
         Builder’s Risk Insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical
         loss or damage, including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false-work, temporary buildings
         and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable
         compensation for Designer’s services and expenses required as a result of such insured loss. Coverage for other perils shall not be
         required unless otherwise provided in the Contract Documents.

  (h)   Other Insurance Requirements.
ARTICLE 7. CONTRACTOR’S RESPONSIBILITIES
  (a)   Supervision and Superintendence. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such
        attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract
        Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.
        Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents.
              Contractor’s Superintendent is authorized to receive and fulfill instructions from the LCRA’s Owner’s Representative. Contractor shall
              have a competent, English-speaking, Superintendent on the Site at all times that Work is in progress. Upon request of LCRA’s
              Owner’s Representative, Contractor shall present the resume of the proposed Superintendent to the LCRA’s Owner’s Representative
              showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the
              opinion of the LCRA’s Owner’s Representative, the proposed Superintendent is not sufficiently experienced in line with the Work,
              he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without written
              notice to LCRA’s Owner’s Representative. If Contractor deems it necessary to replace the Superintendent, Contractor shall provide
              the necessary information for approval, as stated above, on the proposed replacement Superintendent. A qualified substitute
              Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to
              exceed a time limit acceptable to the LCRA’s Owner’s Representative. Contractor shall replace the Superintendent upon LCRA’s
              request in the event the Superintendent is unable to perform to LCRA’s satisfaction. The Superintendent will be Contractor’s
              representative on the Work and shall have the authority to act on the behalf of Contractor. All communications given to the
              Superintendent shall be as binding as if given to Contractor. Either Contractor or the Superintendent shall provide an emergency and
              home telephone number at which one or the other may be reached if necessary when Work is not in progress.

  (b)   Labor; Working Hours. Contractor agrees to employ only orderly and competent workers, skillful in performance of the type of Work
        required under this Contract. Contractor and its employees shall hold all licenses required to do the Work. Contractor, Subcontractors, Sub-
        subcontractors, and their employees and agents may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal
        drugs or controlled substances while on the job or on LCRA’s property, nor may such workers be intoxicated, or under the influence of
        alcohol or drugs, on the job. If Contractor has an established employee drug screening program, the program shall be applied to this Project.
        If LCRA or LCRA’s Owner’s Representative notifies Contractor that any worker is incompetent, disorderly or insubordinate, has knowingly or
        repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the
        job, Contractor shall immediately remove such worker from performing Work, and may not employ such worker again on Work without


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        LCRA’s prior written consent. Contractor shall at all times maintain good discipline and order on or off the Site in all matters pertaining to the
        Project.
        (1)   This project is subject to Chapter 2258 of the Texas Government Code, requiring Contractor to pay prevailing wages to workers.
              Contractor and all Subcontractors are required to pay not less than the wages specified in the Prevailing Wage Schedule and are
              subject to all the remedies and penalties established in Ch. 2258 of the Government Code. The establishment of a Prevailing Wage
              Schedule to this Contract is not a warranty, guaranty or other representation that adequate numbers of skilled or unskilled workers are
              actually available in the local market to perform this Contract or that workers may be hired for the wages identified in the Prevailing
              Wage Schedule.
        (2)   Contractor shall forfeit as a penalty to LCRA, sixty dollars ($60) per day for each worker that is paid less than the prevailing rates
              established in the Contract for Work done at the jobsite. The prevailing wage rate for legal holidays and for overtime work (over forty
              (40) hours per work week) shall be one and one-half (1-1/2) times the applicable wage rates. Contractor and all Subcontractors shall
              maintain records of the names, classifications and hourly wages of workers, which shall be available for inspection by LCRA.
        (3)   Unless otherwise established in the technical specifications or permitted by LCRA, regular working hours shall be as follows:
              Calendar Day Contract. All work shall be done between 7:00 a.m. and 6:00 p.m. unless authorized by LCRA’s
              Owner’s Representative. However, emergency work may be done without prior permission as indicated in Article
              7(p). Night work may be revoked at any time by LCRA if Contractor fails to maintain adequate equipment and
              supervision for the prosecution and control of the night work.
        (4)   Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except
              as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and Contractor
              will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without LCRA’s written, prior
              permission given after written notice to LCRA’s Owner’s Representative. If Contractor wishes to work overtime or multiple shifts,
              Contractor and LCRA shall confer and agree on the scheduling to coordinate with LCRA's other activities and to avoid noise or
              after-hours disturbances to the neighbors, if any.

  (c)   Services, Materials, and Equipment. Unless otherwise specified, Contractor shall provide and assume full responsibility for all services,
        materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone,
        water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and
        completion of the Work.
        (1)   All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new,
              except as otherwise explicitly provided in the Contract Documents. All warranties and guarantees specifically called for by the
              Specifications shall expressly run to the benefit of LCRA. If required by Designer, Contractor shall furnish satisfactory evidence
              (including reports of required tests, manufacturer’s certificates of compliance with material requirements, mill reports, etc,) as to the
              source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected,
              erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise
              may be expressly provided in the Contract Documents.
        (2)   Contractor shall provide adequate security to protect supplies, materials and equipment related to the Work. Contractor shall take
              measures it considers necessary to protect the supplies, materials, and Work in progress from theft, fire, and other hazards.
        (3)   Contractor shall bear the risk of loss or damage to and, to the extent of the Contract Price, insure against all loss or damage to its own
              tools and property and that of its Subcontractors and Suppliers, delivered and undelivered equipment and materials, equipment and
              materials in transit, work in progress, and complete or incomplete installations prior to Final Completion regardless of the cause of loss
              or damage. Contractor shall promptly replace, rebuild or repair any loss or damage at its own expense. In the event of such
              loss/damage, the schedules shall be equitably extended.
        (4)   The risk of loss or damage to the Work shall pass from Contractor to LCRA upon Final Completion, or at time of first occupancy by
              LCRA for those portions of the Work occupied by LCRA in accordance with Article 16(e).

  (d)   Progress Schedule. Contractor shall adhere to the progress schedule established in accordance with Article 3(g) as it may be adjusted
        from time to time as provided below.
        (1)   Contractor shall submit to LCRA’s Owner’s Representative, with a copy to the Designer, for acceptance (to the extent indicated in
              Article 3(g)) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestone Dates).
              Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the
              Contract Documents applicable thereto.
        (2)   Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance
              with the requirements of Article 14. Such adjustments may only be made by a Change Order or Written Amendment in accordance
              with Article 14.
              If the LCRA determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion
              required by the Contract Documents, the LCRA shall have the right to order the Contractor to take corrective measures necessary to
              expedite the progress of construction, including without limitation: (i) working additional shifts or overtime; (ii) supplying additional
              manpower, equipment, and facilities; and (iii) other similar measures (the “Extraordinary Measures”). Such Extraordinary Measures shall



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              continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The LCRA’s right to
              require Extraordinary Measures is solely for ensuring the Contractor’s compliance with the construction schedule.
              The Contractor is not entitled to an adjustment in the Contract Price in connection with the Extraordinary Measures required by the LCRA
              pursuant to this Article.

              The LCRA may exercise the rights furnished the LCRA under or pursuant to this Article as frequently as the LCRA deems necessary to
              ensure that the Contractor’s performance of the Work will comply with the Milestone Dates and/or completion dates set forth in the
              Contract Documents.

  (e)   Substitutes and “Or-Equals”. Whenever an item of material or equipment is specified or described in the Contract Documents by using
        the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function,
        appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or
        “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be
        submitted to Designer for review and approval under the circumstances described below.
        (1)   “Or-Equal” Materials. If Contractor proposes, and Designer recommends an item of material or equipment as functionally equal to
              that named, and sufficiently similar so that no change in related Work will be required, the item may be considered by LCRA as an
              “or-equal” item without compliance with some or all of the requirements for approval of proposed substitute items. Contractor shall
              provide Designer with all documentation required for Designer to review the proposed item and make its determination. For the
              purposes of this Article, a proposed item of material or equipment will be considered functionally equal to a named item if, in the
              exercise of reasonable judgment, Designer determines that: (i) it is at least equal in quality, durability, appearance, strength, and
              design characteristics; and (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed
              Project as a functioning whole, and Contractor certifies that: (i) there is no increase in cost to the LCRA; and (ii) it will conform
              substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents.

        (2)   Substitute Materials. If an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Article
              7(e)(1), it may be considered a proposed substitute item. Such items must be recommended by the Designer and approved by the
              LCRA as acceptable substitute items in accordance with this Article. Contractor shall submit sufficient information as provided below
              to allow Designer to determine that the item of material or equipment proposed is essentially equivalent to that named and an accept-
              able substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Designer
              from anyone other than Contractor. The procedure for review by Designer will be as set forth in this Article and as Designer may
              decide is appropriate under the circumstances.

              Contractor shall first make written application to Designer for review of a proposed substitute item of material or equipment that
              Contractor seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions
              and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as
              that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s
              achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change
              in any of the Contract Documents (or in the provisions of any other direct contract with LCRA for Work on the Project) to adapt the de-
              sign to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the
              Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be
              identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The
              application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute
              item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by
              Designer in evaluating the proposed substitute item. Designer may require Contractor to furnish additional data about the proposed
              substitute item.

        (3)   Substitute Construction Methods or Procedures. If a specific means, method, technique, sequence, or procedure of construction
              is shown or indicated in and expressly required by the Contract Documents, Contractor may, with prior approval of LCRA, furnish or
              utilize a substitute means, method, technique, sequence, or procedure of construction recommended by Designer. Contractor shall
              submit sufficient information to allow Designer, in Designer’s sole discretion, to determine that the substitute proposed is so equivalent
              to that expressly called for by the Contract Documents that Designer can recommend approval to LCRA. The procedure for review by
              Designer will be similar to that provided in Article 7(e)(2).

        (4)   Designer’s Evaluation. Designer will be allowed a reasonable time, not less than 14 days, within which to evaluate each proposal or
              submittal made pursuant to Article 7(e). LCRA will be the sole judge of acceptability. No “or-equal” or substitute will be ordered,
              installed or utilized until Designer’s review is complete and LCRA’s approval given, which will be evidenced by either a Change Order
              for a substitute or an approved Shop Drawing for an “or equal.” LCRA reserves the right to reject any “Or-Equal” or Substitute
              proposed by Contractor and recommended by Designer. LCRA will advise Contractor in writing of any negative determination. If
              Contractor proceeds with the Work utilizing an “0r-Equal” or substitute item that has not been fully reviewed by the Designer and
              approved by LCRA, LCRA reserves the right to reject the Work so performed and require the Work to conform to the original
              specifications, all at Contractor’s sole expense and without any adjustment to the Progress Schedule.

        (5)   Special Guarantee. LCRA may require Contractor to furnish at Contractor’s expense a special performance guarantee or other form
              of security with respect to any substitute or “Or-Equal” item.




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        (6)   Designer’s Cost Reimbursement. Designer will record time required by Designer and Designer’s Consultants in evaluating
              substitutes proposed or submitted by Contractor pursuant to Article 7(e)(2) and in making changes in the Contract Documents (or in
              the provisions of any other direct contract with LCRA for Work on the Project) occasioned thereby. Whether or not LCRA approves a
              substitute item proposed or submitted by Contractor, Contractor shall reimburse LCRA for the charges of Designer and Designer’s
              Consultants for evaluating each such proposed substitute. Reimbursement to LCRA shall be deducted from the Contract Price.
              Contractor shall not be entitled to any extension in Contract Time or Contract Price for any delay due to review time for any “Or Equal”
              or substitute items/procedures.

        (7)   Contractor’s Expense. Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense.

  (f)   Concerning Subcontractors, Suppliers, and Others. Contractor shall not employ any Subcontractor, Supplier, or other individual or
        entity, whether initially or as a replacement, against whom LCRA may have reasonable objection. Contractor shall not be required to employ
        any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable
        objection.
        (1)   LCRA’s acceptance (either in writing or by failing to make written objection thereto) of any such Subcontractor, Supplier, or other
              individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit
              an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be
              adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written
              Amendment signed. No acceptance by LCRA of any such Subcontractor, Supplier, or other individual or entity, whether initially or as
              a replacement, shall constitute a waiver of any right of LCRA or Designer to reject defective Work. Contractor shall not replace any
              Subcontractor, person or organization that has been accepted by LCRA, unless the substitute has been accepted in writing by the
              LCRA.

        (2)   Contractor shall be fully responsible to LCRA and Designer for all acts and omissions of the Subcontractors, Suppliers, and other
              individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and
              omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or
              entity any contractual relationship between LCRA or Designer and any such Subcontractor, Supplier or other individual or entity, nor
              shall it create any obligation on the part of LCRA or Designer to pay or to see to the payment of any moneys due any such
              Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations.

        (3)   Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or
              entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. Contractor shall require all
              Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with
              Designer through Contractor.

        (4)   All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate Contract between Contractor and
              the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to substantially similar Terms and Conditions as
              are set forth in these Contract Documents for the benefit of LCRA.

  (g)   Patent Fees and Royalties. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance
        of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or
        copyrights held by others. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL
        INDEMNIFY AND HOLD HARMLESS LCRA, DESIGNER, DESIGNER’S CONSULTANTS, AND THEIR RESPECTIVE OFFICERS,
        DIRECTORS, PARTNERS, EMPLOYEES OR AGENTS, AND OTHER CONSULTANTS OF EACH AND ANY OF THEM FROM AND
        AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF
        ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER
        DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS
        INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORK OR RESULTING FROM THE INCORPORATION IN THE WORK OF
        ANY INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE NOT SPECIFIED IN THE CONTRACT DOCUMENTS.
  (h)   Permits. Except to the extent that the Technical Specifications may indicate particular permits will be provided by LCRA, Contractor shall
        obtain and pay for all construction permits and licenses. LCRA shall assist Contractor, when necessary, in obtaining such permits and
        licenses. Contractor shall pay all governmental charges and inspection fees (including any increases in them during the term of the
        Contract) necessary for the prosecution of the Work that are applicable at the time of opening of Proposals, or, if there are no Proposals, on
        the Effective Date of the Contract. Contractor shall pay all charges of utility owners for connections to the Work, and LCRA shall pay all
        charges of such utility owners for capital costs related thereto, such as plant investment fees. Contractor shall notify property owners and
        governmental offices having jurisdiction over roadways that may be affected by the Work.
  (i)   Laws and Regulations. Contractor shall give all notices and comply with all Laws and Regulations applicable to the performance of the
        Work. Except where otherwise expressly required by applicable Laws and Regulations, neither LCRA nor Designer shall be responsible for
        monitoring Contractor’s compliance with any Laws or Regulations.
        (1)   IF CONTRACTOR PERFORMS ANY WORK THAT IS CONTRARY TO LAWS OR REGULATIONS, CONTRACTOR SHALL
              INDEMNIFY LCRA AND BEAR ALL COSTS FOR ANY CLAIM, JUDGMENT, FINE, PENALTY, AND OTHER COSTS, LOSSES
              AND DAMAGES, AS MORE PARTICULARLY DESCRIBED IN THE NEXT PARAGRAPH, ARISING OUT OF OR RELATING TO
              SUCH WORK; HOWEVER, IT SHALL NOT BE CONTRACTOR’S PRIMARY RESPONSIBILITY TO MAKE CERTAIN THAT THE
              SPECIFICATIONS AND DRAWINGS ARE IN ACCORDANCE WITH LAWS AND REGULATIONS, BUT THIS SHALL NOT RELIEVE
              CONTRACTOR OF CONTRACTOR’S OBLIGATIONS UNDER ARTICLE 4(C)(1).


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        (2)   THE CONTRACTOR’S INDEMNITY OBLIGATIONS UNDER THIS ARTICLE SHALL SPECIFICALLY INCLUDE WITHOUT
              LIMITATION, ALL FINES, PENALTIES, DAMAGES, LIABILITIES, COSTS, EXPENSES (INCLUDING WITHOUT LIMITATION,
              REASONABLE ATTORNEYS’ FEES) AND PUNITIVE DAMAGES (IF ANY) ARISING OUT OF, OR IN CONNECTION WITH, ANY: (I)
              VIOLATION OF OR FAILURE TO COMPLY WITH ANY LAW, STATUTE, ORDINANCE, RULE, REGULATION, CODE OR
              REQUIREMENT OF THE WORK BY THE CONTRACTOR, ANY SUBCONTRACTOR OR ANY PERSON OR ENTITY TO WHOM
              EITHER IS RESPONSIBLE; (II) MEANS, METHODS, TECHNIQUES, PROCEDURES OR SEQUENCES OF EXECUTION OR
              PERFORMANCE OF THE WORK; AND (III) FAILURE TO SECURE OR PAY FOR ANY PERMITS, FEES, LICENSES, APPROVALS
              AND INSPECTIONS IT IS REQUIRED TO PROVIDE BY THE CONTRACT DOCUMENTS, OR ANY VIOLATION OF ANY PERMIT OR
              OTHER APPROVAL OF A PUBLIC AUTHORITY APPLICABLE TO THE WORK, BY THE CONTRACTOR, ANY SUBCONTRACTOR
              OR ANY PERSON OR ENTITY FOR WHOM EITHER IS RESPONSIBLE.

        (3)   Maintaining clean water, air and earth or improving thereon shall be regarded as of prime importance. Contractor shall plan and
              execute its operations in compliance with all applicable federal, state and local Laws and Regulations, permit requirements and
              ordinances including LCRA environmental policies and standards concerning control and abatement of water pollution and prevention
              and control of air pollution. All laws and regulations governing LCRA are incorporated into the Contract for all purposes.

        (4)   Contractor is solely responsible to ensure that its employees and those of its Subcontractors and Suppliers, who are not citizens of the
              United States, hold all documentation required under U.S. immigration law to lawfully Work in the United States. CONTRACTOR
              SHALL INDEMNIFY AND HOLD HARMLESS, LCRA, ITS AFFILIATES, THEIR BOARDS OF DIRECTORS, OFFICERS, AGENTS
              AND EMPLOYEES FROM AND AGAINST ANY EXPENSE (INCLUDING ATTORNEYS' FEES, COURT COSTS AND EXPERT
              WITNESS FEES), LOSS, FINE, SANCTION, PENALTY, LAWSUIT, JUDGMENT OR OTHER PROCEEDING ARISING IN
              CONNECTION WITH THE VIOLATION OR ALLEGED VIOLATION OF THIS OBLIGATION.

  (j)   Agreements with Surrounding Landowners. CONTRACTOR MAY FACILITATE ITS PERFORMANCE UNDER THIS CONTRACT BY
        MAKING ANY REASONABLE AND NECESSARY AGREEMENT BETWEEN ITSELF AND LANDOWNERS WHOSE REAL PROPERTY IS
        ADJACENT TO LAND OWNED BY OR UNDER EASEMENT IN FAVOR OF LCRA, PROVIDED THAT THE CONTRACTOR, IN ALL SUCH
        INSTANCES, MUST INFORM EACH LANDOWNER IN WRITING THAT LCRA IS NOT A PARTY TO ANY AGREEMENT MADE BETWEEN
        CONTRACTOR AND THE LANDOWNER OR IN ANY OTHER WAY RESPONSIBLE FOR THE CONTRACTOR’S PERFORMANCE. WITH
        RESPECT TO SUCH AGREEMENTS MADE BY THE CONTRACTOR, THE CONTRACTOR SHALL SECURE WRITTEN
        ACKNOWLEDGEMENT OF THIS LIMITATION FROM THE LANDOWNER IN A FORMAT PRESCRIBED BY LCRA AND PROVIDE AN
        ORIGINAL COPY THEREOF TO LCRA.
  (k)   Taxes. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws
        and Regulations of the State of Texas that are applicable during the performance of the Work. LCRA is an exempt organization as defined
        by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151.309, Limited Use
        Sales, Excise and Use Tax, Texas Tax Code, and Article 1066 (C), Local Sales and Use Act, Revised Civil Statutes of Texas.
  (l)   Use of Site and Other Areas.
        (1)   Limitation on Use of Site and Other Areas. Except as permitted under section (j) of this Article, Contractor shall confine construction
              equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and
              Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment, debris, spoils, or other
              materials. Contractor shall assume full responsibility to LCRA, other occupants and adjacent landowners for any damage to any such
              land or area.

              To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless LCRA, Designer,
              Designer’s Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of
              them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of Engineers,
              architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or
              relating to any claim or action, legal or equitable, brought by other occupants or adjacent landowners against LCRA,
              Designer, or any other Party indemnified hereunder to the extent caused by or based upon Contractor's performance of the
              Work or failure to perform the Work.

        (2)   Removal of Debris During Performance of the Work; Class 2 and Class 3 Wastes. During the progress of the Work and on a
              daily basis, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish and other debris.
              Removal and disposal of such waste materials, rubbish and other debris shall conform to applicable Laws and Regulations, and
              disposal of such waste materials, rubbish and other debris shall be at a facility or site approved in advance by the LCRA.

        (3)   Removal of Debris During Performance of the Work; Hazardous and Class 1 Non-Hazardous Wastes. Contractor shall, in
              accordance with the provisions set forth in the LCRA’s form “Waste Management and Disposal Responsibilities”, and all federal, state
              and local laws and ordinances, manage, properly dispose of, and/or assist LCRA with disposal of, all debris and other wastes resulting
              from Contractor’s performance of the Work. All hazardous and Class 1 non-hazardous wastes shall be disposed of by LCRA.

        (4)   Contractor is strictly prohibited from using any of the following types of materials in performance of the Work, except as specifically
              approved in writing by LCRA:
              (i)    Asbestos, Asbestos Containing Material (ACM);
              (ii)   Mercury containing material;


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              (iii)   Surface coatings with lead, cadmium, chromium or mercury;
              (iv)    F-Listed solvents for cleaning;
              (v)     PCB containing material; or
              (vi)    Radioactive material.

        (5)   Cleaning. Prior to Substantial Completion of the Work, Contractor shall thoroughly clean the Site and make it ready for utilization by
              LCRA. At the completion of the Work, Contractor shall remove from the Site all tools, appliances, construction equipment and
              machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract
              Documents.
              Unless otherwise required by the Technical Specifications or directed through written instructions issued by the LCRA’s Owner’s
              Representative, Contractor shall promptly and properly remove from the Site any and all surplus materials. If surplus materials are not
              removed from the Site within thirty (30) days of completion of the Work, LCRA may dispose of the materials and offset the cost
              associated with disposal against the unpaid balance of the Contract Price.
        (6)   Loading Structures. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the
              structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it.
  (m)   Record Documents. Contractor shall maintain in a safe place at the Site or other location acceptable to LCRA one record copy of all Drawings,
        Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and
        clarifications in good order and annotated to show changes made during construction. Contractor shall maintain a set of construction drawings
        and data sheets that record all field changes including Changes in the Work in red. These drawings and data sheets shall be kept current
        as the Work progresses. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be
        available to LCRA and Designer for reference during performance of the Work. Prior to Final Completion of the Work, Contractor shall deliver
        to LCRA the complete set of As-Built Drawings and data sheets with all changes neatly marked in permanent ink, Samples and Shop
        Drawings. Title to the As-Built Drawings shall transfer to LCRA upon delivery to LCRA.
  (n)   General Safety and Site Operations Requirements.
        (1)   General. Contractor shall perform all Work required by this Contract in a safe and healthy manner. During the course of the Work,
              the Contractor shall comply with and enforce all laws, rules, regulations and industry practices applicable to worker safety and health.
              LCRA shall identify to Contractor the Owner’s Representative.
        (2)   Scope of Health and Safety Requirements. Contractor will manage all Subcontractors on Site and will be accountable for
              Subcontractor performance with respect to health and safety.
        (3)   Mandatory Health and Safety Conditions.
              (i)     Training/Qualification - All workers performing Work on Site shall be properly trained and qualified to perform the Work they
                      are expected to perform, and have received the necessary certifications and other credentials necessary to perform the Work,
                      as required.
              (ii)    (Safety Orientation – Contractor shall ensure all of its employees and Subcontractors on Site shall attend a safety orientation
                      prior to the start of Work. If any workers fail to attend the initial safety orientation, Contractor shall designate an employee (e.g.,
                      site superintendent) to provide the orientation before those workers shall be allowed to start Work. All safety orientations shall
                      be documented and maintained for inspection. Safety orientation is only required once unless otherwise needed, or the Scope
                      of Work changes.
              (iii)   (WPS/Generation Safety Orientation - Upon arrival at the Project Site, Contractor shall contact the Owner’s Representative to
                      arrange for an orientation. This orientation will include: (i) the Emergency Preparedness Plan; (ii) review of LCRA’s safety
                      policies; (iii) lock out/tag out procedures; (iv) confined space entry permits; (v) hot work permits; (vi) waste product disposal
                      (LCRA maintains Material Safety Data Sheets for all material on site); (vii) Hazardous Communication Act/Emergency
                      Response Act; (viii) smoking policy; (ix) plant entry procedures; and (x) designated parking areas. Each employee of Contractor
                      or its Subcontractors must go through the required orientation prior to starting Work.

        (4)   Warnings & Barricades. Contractor shall furnish, erect and maintain warning notices, signs, signals, lights, protective guards,
              enclosures, platforms and other devices as necessary to adequately protect all personnel on Site; including but not limited to
              employees, Subcontractors, other contractors, LCRA workers and the public.
        (5)   Personal Protective Equipment (PPE) & Safety Equipment. Contractor shall ensure all contract employees and Subcontractors
              are trained on and equipped with appropriate PPE and safety equipment (i.e. lanyards, harnesses, monitoring equipment, rescue
              equipment, fire extinguishers, etc.). Contractor shall ensure that all employees, agents and Subcontractors (including employees and
              agents of Subcontractors) are equipped with appropriate footwear (safety toe, rubber boots, etc.) with a defined heel, appropriate
              eyewear (i.e., safety glasses with side shields, goggles, hoods, etc.), hard hats (RED NOT ALLOWED), respiratory protection, safety
              belts and harnesses, and such other health and safety related apparel as may be specified and/or required by statute, regulation, rule,
              ordinance, or jobsite conditions. Such equipment shall be furnished by Contractor at Contractor's expense.
        (6)    Periodic Inspections. Contractor shall conduct regular health and safety inspections of the Work area(s) and Work being
              performed. LCRA, or its agent, reserves the right to inspect the Work Site(s) at any time and without prior notice to Contractor.


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        (7)   Safety Communications.
              (i)     Safety Meetings – Contractor shall ensure that all hazards and protective measures associated with the Work being performed
                      on Site are properly communicated to all personnel on Site. Contractor shall conduct regular health and safety meetings. A
                      copy of the minutes of such meetings shall be submitted to LCRA, upon request. Contractor is responsible for providing an
                      interpreter if necessary to ensure its communications are understood by all workers.
              (ii)    Communications with LCRA – The Owner’s Representative shall be the point of communication for all safety and health
                      issues arising under this Contract. Contractor shall communicate with the Owner’s Representative in the event of any of the
                      following conditions:
                      (ii1)   Contractor shall inform Owner’s Representative twenty-four (24) hours prior to any activity that could adversely affect a
                              business organization. Examples of these “activities” include but are not limited to welding, painting, fire protection,
                              system maintenance/repair and any activity impacting emergency systems/egress routes. Owner’s Representative will
                              make all reasonable efforts to inform any parties potentially impacted by the activities.
                      (ii2)   Contractor shall immediately inform the Owner’s Representative of all federal, state and local safety inspections, citations
                              and penalties associated with the Work.
                      (ii3)   Contractor shall immediately notify the Owner’s Representative by verbal, person to person communication, in the event
                              of any incident that results in a death, serious bodily injury or serious property damage related to any aspect of the
                              Project. Minor incidents and near-misses must be promptly communicated to the Owner’s Representative.
                      (ii4)   Contractor shall investigate all incidents resulting in personal injury or illness, property damage, or near-misses to
                              determine the root causes and shall take appropriate action to eliminate such causes. A copy of the final investigation
                              report shall be promptly submitted to the Owner’s Representative.
              (iii)   Coordination with Other Officials – Contractor is fully responsible for coordinating with the proper authorities for moving
                      heavy equipment, location of underground utilities, erecting barricades, traffic control and other safety measures, unless
                      otherwise specified.
              (iv)    Communications with Media Restricted - In the event of an accident or other condition on Site, Contractor shall not
                      communicate with the media or any other entity without the expressed consent of the LCRA.

        (8)   SUSPENSION OF WORK AND LIMITATION OF LIABILITY. LCRA RESERVES THE RIGHT THROUGH THE LCRA
              AUTHORIZED REPRESENTATIVE TO SUSPEND ALL OR ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION
              OF THESE PROVISIONS. LCRA SHALL NOT BE LIABLE IN CONTRACT, TORT, (INCLUDING WITHOUT LIMITATION
              NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY OTHER LEGAL THEORY FOR JUDGMENTS, DAMAGES,
              COSTS OR EXPENSES RELATED TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER
              SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY FAILURE ON THE
              CONTRACTOR’S PART TO ESTABLISH, ENFORCE OR ADEQUATELY MONITOR ITS HEALTH AND SAFETY PROGRAM.
        (9)   Preliminary Submittals. Within ten (10) days after the effective date of the Contract, but no later than mobilization, Contractor shall
              submit to LCRA’s Owner’s Representative for review:
              (i)     A letter designating onsite safety representative for general safety and specific activities; and
              (ii)    If applicable, a Site safety plan to include plans for specific activities.

        (10) Other Requirements. Contractor shall promptly settle rightful claims from counties, municipalities or private parties for road damage
             caused by trucks or heavy equipment driven to and from the job Sites by third-party property by Contractor, Subcontractors or
             Suppliers, or employees of any of them. If Contractor fails to settle such claims promptly, LCRA shall have the right to settle the
             claims and withhold the amount paid plus LCRA’s costs and expenses from Contractor’s payments under the Contract.

        (11) Environmental.
              (i)     Codes and Standards.
                      All design, manufacture, restoration activities, materials, coatings, handling, storage, surface preparation, applications,
                      inspections, dismantlement, removal, abatement, testing, control of generated debris and waste, and its disposal, shall meet or
                      exceed the latest edition (in effect at the time Work is performed) of applicable codes and standards published by the
                      organizations listed below, manufacturers instructions for each material supplied, federal, state and/or local ordinances,
                      whichever shall be more exacting.

                         DOT                Department of Transportation
                         OSHA               Occupational Safety and Health Administration
                         NSC                National Safety Council
                         EPA                Environmental Protection Agency
                         ANSI               American National Standards Institute
                         TPWD               Texas Parks and Wildlife Department
                         TCEQ               Texas Commission on Environmental Quality


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                         TDH                Texas Department of Health
                         NFPA               National Fire Prevention Agency
                         ASTM               American Society for Testing and Materials
                         UL                 Underwriter’s Laboratory
                         ACGIH              American Conference of Governmental Industrial Hygienists
                         NIOSH              National Institute of Occupational Safety and Health
                         TXDOT              Texas Department of Transportation
                         TDLR               Texas Department of Licensing and Regulation
                         RRCT               Railroad Commission of Texas
                         TBPG               Texas Board of Professional Geoscientists
                         TBPE               Texas Board of Professional Engineers

              (ii)    Permits, Licenses, Authorizations Required.

                      (ii1)   It is the responsibility of the Contractor to identify, obtain and pay for all permits, licenses, or written authorizations,
                              including nationwide and general permits, necessary to complete the Work and comply with all environmental laws and
                              regulations. This includes the development of any plans, procedures or other documents required to comply with the
                              permit, license, or authorization. LCRA shall assist Contractor, when necessary, in obtaining such permits, licenses, or
                              authorizations. The following is a list of permits, licenses, or written authorizations the LCRA will obtain and pay for to
                              complete the Work. LCRA’s actions to obtain the following permits, licenses, or written authorizations does not relieve
                              Contractor of the responsibility to identify, obtain and pay for other required permits, licenses, or written authorizations,
                              including the identification and compliance with nationwide and general permits.
                      (ii2)   Contractor undertakes to obtain and maintain as applicable for Contractor and/or Contractor’s employees any
                              authorizations, classification, licenses, and/or certification required by applicable federal, state, and/or local laws,
                              regulations, and ordinances and to give notice to LCRA should such authorization, classification, and/or certification
                              terminate. Failure to maintain the requisite authorizations, classifications, licenses, or certifications is a ground for
                              termination for cause.
              (iii)   Pollution Prevention.

                      The Contractor shall ensure that all environmental pollution is prevented, abated, and controlled and environmental degradation
                      arising from construction or maintenance activities is minimized by complying with all applicable federal, state, and local laws
                      and regulations concerning environmental pollution control and abatement, as well as the specific requirements, if any, listed
                      below.

              (iv)    Environmental Communication and Inspections.

                      (iv1) Environmental Coordinator: Prior to the start of construction, LCRA will designate a person or entity to act as LCRA’s
                            Representative regarding environmental considerations during construction or in case of emergency services, to review
                            and define the Work to be performed and outline strategies and approaches to such Work. Contractor shall assign a
                            qualified person or if required, a “Competent Person,” to coordinate response actions and environmental requirements.
                            All workers performing Work on site shall be properly qualified to perform the Work they are expected to perform, and
                            have the necessary certifications, licenses and other credential necessary to perform the Work.
                      (iv2) Environmental Communications: Contractor shall immediately inform the LCRA’s Representative of all federal, state, and
                            local regulatory inspections, notices, citations, and penalties associated with the Work and any environmental incident that
                            occurs during the performance of the Work that violates any environmental law or regulation. Contractor shall ensure that
                            its employees, subcontractors and suppliers are aware of the civil and criminal penalties for failure to comply with
                            environmental laws and regulations.
                      (iv3) Periodic Inspections: To protect the environment and ensure that the environmental requirements of the Contract are
                            being met, the LCRA reserves the right to inspect the Work site(s) and any records associated with the Work at any time
                            for environmental compliance.
                      (iv4) Suspension of Work and Limitation of Liability: LCRA reserves the right to suspend all or any portion of the Work being
                            performed in violation of these provisions. LCRA SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING
                            WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR UNDER ANY OTHER LEGAL
                            THEORY FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED TO ANY SUSPENSION OR STOPPAGE
                            OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
                            IN CONNECTION WITH ANY FAILURE ON CONTRACTOR’S PART TO ESTABLISH, ENFORCE, OR ADEQUATELY
                            MONITOR ITS ENVIRONMENTAL PROTECTION PROGRAM. LCRA reserves the right to require the Contractor to
                            submit plans and/or a course of action for approval to correct the violation.




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              (v)    Resource Protection.

                     (v1) Air Quality Requirements
                           (v1.1)   Contractor shall not conduct any activities that could impair visibility on any public roadway or otherwise impair
                                    traffic conditions.
                           (v1.2)   Contractor shall not operate in any manner that could cause a nuisance condition, such as odors or excessive
                                    particulates.
                           No debris or surplus materials may be disposed of by burning at the job site or at any other location. This does not
                           preclude the Contractor from disposing of waste at an appropriately authorized and permitted disposal facility which may
                           include incineration as a part of the waste treatment process, if approved by LCRA.

                     (v2) Protection of Land Resources
                           The land resources affected by the Work under this contract shall be preserved in their present condition or be restored to
                           a condition after construction that will appear to be natural and not detract from the appearance of the project. Activities
                           shall be confined to areas defined by the plans and specifications. If required by federal or state regulations, Contractor
                           shall prepare a stormwater pollution prevention plan and comply with this plan for the duration of the project. If
                           contamination of the surrounding soils by the Contractor’s activities is possible based on LCRA’s determination, LCRA will
                           require that the Contractor take background samples prior to and after performing such activities which may have an
                           impact on surrounding soils.

                     (v3) Protection of Water Resources
                           No water courses shall be polluted with any construction debris, petroleum products, paints, solvents, cleaners, fuels,
                           surface preparation materials, oils, lubricants, bitumens, calcium chlorides, insecticides, herbicides, or other toxic
                           materials harmful to life. Nor shall Contractor release any pollutants (as defined in Tex. Water Code § 26.001(13)) into
                           water courses without appropriate permit, license, or authorization. Chemical emulsifiers, dispersant, coagulants, or other
                           cleanup compounds shall not be used without prior written approval. It is the responsibility of the Contractor to insure
                           compliance with state and local water quality standards, and conditions of any permits held by LCRA.
                           Existing plant drains shall not be used for disposal of any solid and/or contaminated material and or any liquids other than
                           clear water. The Contractor shall demonstrate that the pipes and drains are unobstructed when so directed and shall
                           clean and remove materials from drains when obstructed.
                           When the placement of any material or soil into waters of the State or dry tributaries is required to complete the Work, the
                           Contractor shall submit a plan to LCRA for approval. Where applicable, this plan shall address all permit requirements.
                           When the Work can be authorized by a nationwide or general permit, the Contractor shall include in the plan all conditions
                           required by these authorizations and implement accordingly.

                     (v4) Protection of Fish and Wildlife
                           All Work shall be performed and all steps taken to prevent interference or disturbance to fish and wildlife. Water courses
                           or habitat outside the project boundaries which are critical to fish or wildlife shall not be altered or disturbed.

                           When the Work is required within the habitat of species of concern, LCRA may accompany the Contractor as a monitor
                           for the resource being protected. LCRA will identify prior to the start of Work any constraints placed on the completion of
                           the Work such as access during certain seasons and after heavy rains or restrictions on the clearing of certain vegetation
                           to ensure the protection of the resource.

                     (v5) Protection of Cultural Resources
                           If any buried archeological materials are uncovered during ground-disturbing activities, the Contractor shall cease work in
                           the immediate area of the discovery and contact the LCRA Archeological Services staff. LCRA will assess the find in
                           coordination with the Texas Historical Commission (THC). The LCRA and THC will make a determination if avoidance or
                           mitigation measures are required. In the interim, the Contractor may continue the Work in other parts of the project area
                           where no archeological materials are present. Avoidance or mitigation measures that affect the cost or schedule of the
                           Work will be considered a change in the Scope of the Work.

              (vi)   Jobsite Cleanup; Waste Management and Disposal

                     (vi1) Jobsite Cleanup
                           Contractor shall keep the jobsite clean throughout the Work, and shall not allow debris to accumulate. Contractor shall at
                           its own expense (unless specifically required by the emergency response work) erect and maintain silt fences where
                           necessary to minimize erosion and non-point-source pollution.
                           Upon completion of the Work, Contractor shall remove from the jobsite all tools, equipment and surplus material,
                           temporary structures and sanitary facilities furnished by Contractor and its subcontractors, and shall leave the jobsite
                           broom clean. Upon completion of the Work, all the existing grounds, property, and facilities adversely affected by the

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                           Contractor’s activities shall be repaired to the LCRA’s satisfaction. Costs for repair and restoration of any facilities shall
                           be at the Contractors expense unless specifically included in the Work for emergency response.
                           If, at any time, cleanup is delayed because of a dispute between Contractor and/or subcontractors as to cleanup
                           responsibilities, LCRA may clean up and charge the cost to Contractor.
                     (vi2) Waste Management and Disposal
                           Contractor shall, in accordance with the provisions set forth herein and all applicable federal, state and local laws, rules
                           and ordinances, manage, properly dispose of, and/or assist LCRA with disposal of all debris and other wastes resulting
                           from Contractor’s performance of the Work. Class 1 nonhazardous wastes and all hazardous wastes shall be disposed of
                           by LCRA. Class 2 and Class 3 solid wastes shall be disposed of by Contractor using a disposal site that LCRA has
                           approved in writing.
                           (vi2.1) Contractor shall provide the following materials and services:
                                   (vi2.1.1) Analytical data to properly characterize waste material where process knowledge is not adequate for
                                             waste characterization unless the waste was generated as part of the emergency response Work.
                                   (vi2.1.2) Contractor shall develop a log sheet suitable to LCRA and submit to the LCRA a weekly waste balance
                                             report. The report will indicate volumes of waste generated and volumes of waste shipped off site.
                                   (vi2.1.3) Contractor shall label and inspect weekly all waste on site and record inspections on the log sheet.
                                   (vi2.1.4) Keep all empty drums and containers labeled as EMPTY until used.
                                   (vi2.1.5) If Class 2 and/or 3 nonhazardous waste is generated, list proposed disposal site; maintain and provide
                                             copies of records that reflect types of wastes, amounts, and final disposal sites for the waste. If
                                             requested by LCRA, provide waste disposal records.
                                   (vi2.1.6) Package for disposal, by LCRA’s disposal contractor, all hazardous and class 1 nonhazardous waste
                                             generated by acts or processes required by the Work.
                                   (vi2.1.7) If nonhazardous effluent water is generated, Contractor shall provide to LCRA’s representative the
                                             proposed wastewater treatment facility name, its permit limits, and any required pretreatment
                                             authorization to discharge.
                                   (vi2.1.8) Upon storage or use of bulk tanks on site that are leased or owned by Contractor, the Contractor shall
                                             provide a letter certifying that bulk tanks have been rinsed/cleaned prior to delivery to the job site.
                                   (vi2.1.9) When waste has been placed in any bulk tanks, roll-offs, or any other container, Contractor shall take
                                             daily measurements of the volume at the end of day, record on the log sheet, and provide to LCRA’s
                                             Representative upon request.
                           (vi2.2) The LCRA shall provide the following to the Contractor:
                                   (vi2.2.1) Containers for hazardous and class 1 nonhazardous waste generated (except for asbestos).
                                   (vi2.2.2) Waste characterization and determination if waste is a special waste or if the waste is generated from
                                             an emergency response action included as part of the Work.
                                   (vi2.2.3) Submit requests for special waste approval to Texas Special Waste and Analysis Section for approval
                                             to ship and dispose of class 2 and 3 nonhazardous waste.
                                   (vi2.2.4) A decision regarding acceptability of proposed disposal site for class 2 and 3 waste based upon
                                             preapproval/audit.
                                   (vi2.2.5) Sign as the generator for shipments of hazardous and class 1 nonhazardous waste; and coordinate
                                             with the disposal company; and obtain one-time authorization, if required, from the TCEQ regarding
                                             disposal.
                     (vi3) Contractor shall provide and maintain a current sampling and analysis plan which describes the sampling procedures and
                           analysis for the various waste streams generated that the Contractor is required to characterize.
                     (vi4) Contractor shall provide the name of the analytical laboratory which will be performing analysis for the characterization of
                           solid waste. LCRA approval of the laboratory will be required. If required by LCRA, Contractor shall provide at least 30
                           days for LCRA to conduct an audit of the proposed laboratory prior to approval.
                     (vi5) Contractor shall segregate waste containers in staging areas by means of physical separation (berming, diking, etc.) and
                           by waste type (asbestos, lead, etc.). Each container shall be marked with a unique I.D. number which will be used to
                           track the waste from the point of generation to the point of disposal. The Contractor shall also be required to:
                           (vi5.1) Protect storage containers from rain and other adverse weather conditions. Do not allow rainwater to collect in
                                   empty drums and containers.




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                            (vi5.2) Provide secondary containment for liquid storage containers. Inspect container storage secondary containment
                                    systems weekly and after rain events for accumulated liquids. Remove and containerize accumulated liquids
                                    from secondary containment systems within 24 hours of discovery. Manage the accumulated liquids removed
                                    from secondary containment systems in the same manner as the waste or material within the storage area.
                            (vi5.3) Stack waste containers no more than two containers high. Maintain a minimum of a 3-ft wide aisle space to allow
                                    for inspection of containers and movement of equipment. Container labels shall be clearly visible and legible for
                                    inspection. Keep containers closed while in storage unless waste is being added or removed.
                            (vi5.4) Handle waste containers in a manner as to prevent any rupture or leak. Do not repair waste containers if leaking.
                                    Transfer contents of the leaking container to a container in good condition.
                      (vi6) Contractor shall collect and containerize all uncontaminated waste generated from the Work (e.g., trash, debris, garbage,
                            sanitary waste, and construction waste) in contractor-supplied receptacles unless otherwise specified in the Scope of
                            Work. Contractor shall dispose of contractor-generated uncontaminated wastes in accordance with applicable state and
                            local regulations and ordinances governing the management of such wastes.
              (vii)   Materials Management.

                      (vii1) Material Segregation and Disposition
                            (vii1.1) The Contractor shall submit to the LCRA a weekly materials balance report. The report will indicate volumes of
                                     materials stored on site and volumes of materials used on site. Contractor’s report must account for hazardous
                                     materials used on site before LCRA will authorize contractor to ship additional hazardous materials on site.
                            (vii1.2) Contractor shall recycle scrap metals at an LCRA-approved Scrap Metal Recycler.
                                    (vii1.2.1) The LCRA shall approve and inspect all recycling facilities prior to use. Notification to LCRA’s
                                               Representative concerning recycling facilities should be submitted with the bid. LCRA will require at
                                               least 30 days to perform verification surveys.
                                    (vii1.2.2) The Contractor is responsible for determining actual quantities of materials that can be recycled in all
                                               facets of Work.
                            (vii1.3) The Contractor shall maintain and provide, if requested, to LCRA’s Representative the following required
                                     documentation.
                                    (vii1.3.1) Logs for on- and off-site shipments (all Work) that contain, at a minimum, the following information:
                                              Completed prior to leaving project site:
                                              Project Name and Contract Number
                                              Date
                                              Trip Ticket Number/Green Tag
                                              Time Out
                                              Hauler
                                              Truck and Trailer License Number
                                              Material/Waste Type
                                              Weight: Gross and Net
                                              Building/Facility Number
                                              Truck Driver Signature
                                              Vendor

                            (vii1.4) Trip ticket (metals) that contain, at a minimum, the following information and be submitted daily:
                                    Project Name and Contract Number
                                    Date
                                    Trip Ticket Number
                                    Scrap Metal Recycler Name, Address and Phone Number
                                    Scrap Metal Recycler Weight Ticket Number
                                    Material Type
                                    Weight: Gross and Net
                                    Truck Number
                                    Scrap Metal Recycler Signature
                                    Contractor Signature




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              (viii) Underground storage of hazardous materials is prohibited.

              (ix)    Limit above-ground storage of oil and petroleum products to 1,320 gallons total capacity at any one time. The Contractor shall
                      provide secondary containment on all above ground storage tanks.

              (x)     Store, handle, and label all containers, tanks, etc. of hazardous materials per manufacturers’ recommendations and applicable
                      state and federal regulations. If the Contractor exceeds the 1,320 gallon total capacity at any one time, the Contractor will be
                      required to develop a Spill Prevention Control and Countermeasure (SPCC) plan in accordance with the Oil Pollution Act.

        (12) Confined Space Entry. Contractor will perform confined space entries in strict accordance with OSHA 1910.146 Confined Space
             Standard. All Contractor entries will be performed under the guidelines of the contractor's confined space program, which should
             include but not be limited to, all required personnel training, confined space monitoring and evaluation, entry tag system or any
             personnel protective equipment required by confined space conditions. All entries will be coordinated with the LCRA’S Owner’s
             Representative or control room to assure proper isolation and/or de-energizing of the confined space is performed.
        (13) Surplus Material. Unless otherwise directed through written instructions issued by LCRA, Contractor shall promptly remove all
             excess surplus material from the job Site. Final payment for performance of the Work shall not be due and payable until such
             materials are removed from the job Site. If surplus materials are not removed from the job Site within thirty (30) days of completion of
             the Work, LCRA may dispose of the materials and offset the cost associated with disposal against the unpaid balance of the Contract
             price.

        (14) Cleaning Job Site. Contractor shall clean the job Site daily.

        (15) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and Lock Out Procedures shall be
             followed. Clearances shall be acquired by Contractor and LCRA personnel when required prior to performing work on any equipment.
             Contractor shall be responsible for providing company locks. Contractor’s locks shall be clearly identified and shall have a tag for
             employee to print name.
  (o)   Shop Drawings and Samples.
        (1)   Contractor shall submit Shop Drawings to Designer for review and approval in accordance with the acceptable schedule of Shop
              Drawings and Sample submittals. All submittals will be identified as Designer may require and in the number of copies specified in the
              General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified
              performance and design criteria, materials, and similar data to show Designer the services, materials, and equipment Contractor
              proposes to provide and to enable Designer to review the information for the limited purposes required by Article 7(o)(5).
        (2)   Contractor shall also submit Samples to Designer for review and approval in accordance with the acceptable schedule of Shop Draw-
              ings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers,
              and the use for which intended and otherwise as Designer may require to enable Designer to review the submittal for the limited
              purposes required by Article 7(o)(5). The numbers of each Sample to be submitted will be as specified in the Specifications.
        (3)   Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals
              acceptable to Designer any related Work performed prior to Designer’s review and approval of the pertinent submittal will be at the
              sole expense and responsibility of Contractor.

        (4)   Submittal Procedures. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:
              (i)     all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog
                      numbers, and similar information with respect thereto;
              (ii)    all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the
                      performance of the Work;
              (iii)   all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and
                      programs incident thereto; and
              (iv)    Contractor shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples
                      and with the requirements of the Work and the Contract Documents.
              (v)     Each submittal shall bear a stamp or specific written indication that Contractor has satisfied Contractor’s obligations under the
                      Contract Documents with respect to Contractor’s review and approval of that submittal.
              (vi)    At the time of each submittal, Contractor shall give Designer specific written notice of such variations, if any, that the Shop
                      Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written
                      communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing
                      and Sample submitted to Designer for review and approval of each such variation.

        (5)   Designer’s Review. Designer will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop
              Drawings and Sample submittals acceptable to Designer. Designer’s review and approval will be only to determine if the items
              covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract
              Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract
              Documents.


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              Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except
              where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the
              Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will
              not indicate approval of the assembly in which the item functions.

        (6)    Resubmittal Procedures. Contractor shall make corrections required by Designer and shall return the required number of corrected
              copies of Shop Drawings and submit as required new Samples for review and approval. Contractor shall direct specific attention in
              writing to revisions other than the corrections called for by Designer on previous submittals.

  (p)   Continuing the Work. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with
        LCRA. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 7n(8),
        Article 17(d) or as LCRA and Contractor may otherwise agree in writing.
  (q)   Contractor’s General Warranty and Guarantee
        (1)   Contractor warrants and guarantees to LCRA, Designer, and Designer’s Consultants that all Work will be performed in a good and
              workmanlike manner in accordance with the Contract Documents and will not be defective. Contractor’s warranty and guarantee
              hereunder commences upon substantial completion, but thereafter excludes defects or damage caused by:
              (i)     abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any
                      other individual or entity for whom Contractor is responsible (improper maintenance or operation shall be maintenance or
                      operation which deviates materially from written maintenance and operations manuals and procedures provided to LCRA by
                      Contractor); or
              (ii)    normal wear and tear under normal usage.

        (2)   Contractor’s obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract
              Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract
              Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:
              (i)     observations by LCRA or Designer;
              (ii)    recommendation by Designer or payment by LCRA of any progress or final payment;
              (iii)   the issuance of a certificate of Substantial Completion by Designer or any payment related thereto by LCRA;
              (iv)    use or occupancy of the Work or any part thereof by LCRA;
              (v)     any acceptance by LCRA or any failure to do so;
              (vi)    any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Designer;
              (vii)   any inspection, test, or approval by others; or
              (viii) any correction of defective Work by LCRA.

  (r)   Material Safety Data Sheets, etc. Throughout the Project, Contractor shall obtain, maintain, securely store update and submit all material
        safety data sheets (MSDS) or other hazard communication information required to be available or exchanged between or among employers
        at the Site in accordance with Laws or Regulations. All MSDS or other hazard information submitted to LCRA or Designer shall become the
        property of the LCRA upon completion of the Project. No material for which there is an MSDS shall be left on Site after completion without
        LCRA’s express approval. Upon completion, Contractor shall identify to LCRA all such products remaining on Site, which products must be
        in the original manufacturer’s container or installed as part of the Work.
  (s)   Emergencies. In emergencies imminently imperiling the safety or protection of persons, the Work or property at the Site or adjacent thereto,
        Contractor is obligated to act to prevent threatened damage, injury, or loss and to mitigate damage or loss to the Work. Contractor shall
        give LCRA’s Owner’s Representative prompt written notice if Contractor believes that any significant changes in the Work or variations from
        the Contract Documents have been caused thereby or are required as a result thereof. If LCRA’s Owner’s Representative determines that a
        change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work
        Change Directive or Change Order will be issued, otherwise LCRA will not be responsible for Contractor’s emergency action.
         Authorized agents of Contractor shall respond immediately to call-out at any time of any day or night when circumstances warrant the
         presence on Project Site of Contractor or his agent to protect the Work or adjacent property from damage, restriction or limitation or to take
         such action or measures pertaining to the Work as may be necessary to provide the safety of the public. Should Contractor and/or its agent
         fail to respond and take action to alleviate such an emergency situation, LCRA may direct other forces to take action as necessary to
         remedy the emergency condition, and LCRA will deduct any cost of such remedial action from the funds due Contractor under this Contract.
         In the event there is an accident involving injury to an individual on or near the Work, Contractor shall notify LCRA’s Owner’s
         Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the
         circumstances surrounding the event through photographs, interviewing witnesses, obtaining medical reports and other documentation that
         describes the event. Copies of such documentation shall be provided to LCRA’s Owner’s Representative for LCRA’s and Designer’s
         records, within forty-eight (48) hours of the event.




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ARTICLE 8. INDEMNIFICATION
  (a)   TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS LCRA, DESIGNER,
        DESIGNER’S CONSULTANTS, AND THE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, AND OTHER
        CONTRACTORS AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES,
        AND DAMAGES FOR PERSONAL INJURY, SICKNESS, DISEASE, OR DEATH, OR INJURY TO OR DESTRUCTION OF TANGIBLE
        PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM (INCLUDING BUT NOT LIMITED TO ALL FEES AND
        CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER CONTRACTORS AND ALL COURT OR ARBITRATION OR
        OTHER DISPUTE RESOLUTION COSTS) TO THE EXTENT CAUSED BY ANY ACT OR OMISSION OF CONTRACTOR, ANY
        SUBCONTRACTOR, SUPPLIER, OR INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO
        PERFORM ANY OF THE WORK OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE UNDER ANY THEORY OF
        NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR STRICT LIABILITY.

  (b)   IN ANY AND ALL CLAIMS AGAINST LCRA OR Designer OR ANY OF THEIR RESPECTIVE CONSULTANTS, AGENTS, OFFICERS,
        DIRECTORS, PARTNERS, OR EMPLOYEES BY ANY EMPLOYEE (OR THE SURVIVOR OR PERSONAL REPRESENTATIVE OF SUCH
        EMPLOYEE) OF Contractor, ANY SUBContractor, ANY SUPPLIER, OR ANY INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY
        EMPLOYED BY ANY OF THEM TO PERFORM ANY OF THE WORK, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE
        LIABLE, THE INDEMNIFICATION OBLIGATION UNDER ARTICLE 8(a) SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION
        ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR Contractor OR ANY SUCH
        SUBContractor, SUPPLIER, OR OTHER INDIVIDUAL OR ENTITY UNDER WORKERS’ COMPENSATION ACTS, DISABILITY BENEFIT
        ACTS, OR OTHER EMPLOYEE BENEFIT ACTS.

  (c)   THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER ARTICLE 8(a) SHALL NOT EXTEND TO THE LIABILITY OF
        DESIGNER AND DESIGNER’S CONSULTANTS OR TO THE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, AND
        OTHER CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM ARISING OUT OF:

        (1)   THE PREPARATION OR APPROVAL OF, OR THE FAILURE TO PREPARE OR APPROVE, MAPS, DRAWINGS, OPINIONS,
              REPORTS, SURVEYS, CHANGE ORDERS, DESIGNS, OR SPECIFICATIONS; OR

        (2)   GIVING DIRECTIONS OR INSTRUCTIONS, OR FAILING TO GIVE THEM, IF THAT IS THE PRIMARY CAUSE OF THE INJURY
              OR DAMAGE.

  (d)   IN THE EVENT Contractor FAILS TO FOLLOW LCRA’S DIRECTIVES CONCERNING USE OF THE SITE OR ENGAGES IN OTHER
        CONDUCT WHICH PROXIMATELY CAUSES DAMAGE TO PROPERTY BASED ON INVERSE CONDEMNATION OR OTHERWISE,
        THEN AND IN THAT EVENT, Contractor SHALL INDEMNIFY LCRA AGAINST ALL COSTS RESULTING FROM SUCH CLAIMS.

  (e)   IN THE EVENT Contractor UNREASONABLY DELAYS PROGRESS OF THE WORK BEING DONE BY OTHERS ON THE SITE SO AS
        TO CAUSE LOSS FOR WHICH LCRA BECOMES LIABLE, THEN Contractor SHALL INDEMNIFY LCRA FOR SUCH LOSS.

  (f)   THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS ALL OF THE INDEMNITeES FROM AND AGAINST ANY AND ALL
        COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) INCURRED BY ANY OF THE
        INDEMNITeES IN ENFORCING ANY OF THE Contractor’S DEFENSE, INDEMNITY AND HOLD HARMLESS OBLIGATIONS UNDER THIS
        CONTRACT.

ARTICLE 9. OTHER WORK
  (a)   Related Work at Site. LCRA may perform other work related to the Project at the Site by LCRA’s employees, or let other direct contracts
        therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then:

        (1)   written notice thereof will be given to Contractor prior to starting any such other work; and

        (2)   if LCRA and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract
              Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Article
              12(e).

              Contractor shall afford each other contractor who is a Party to such a direct contract and each utility owners (and LCRA, if LCRA is
              performing the other work with LCRA’s employees) proper and safe access to the Site and a reasonable opportunity for the introduction
              and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless
              otherwise provided in the Contract Documents, Contractor shall do all cutting, fitting, and patching of the Work that may be required to
              properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not
              endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written
              consent of LCRA’s Owner’s Representative and the others whose work will be affected. Contractor shall promptly indemnify LCRA for all
              damage caused by Contractor to completed or partially completed construction or to property of the LCRA or separate contractors.
              The duties and responsibilities of Contractor under this Article are for the benefit of such utility owners and other contractors to the extent
              that there are comparable provisions for the benefit of Contractor in said direct contracts between LCRA and such utility owners and other
              contractors.




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              If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article, Contractor
              shall inspect such other work and promptly report to LCRA’s Owner’s Representative in writing, with a copy to the Designer, any delays,
              defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s
              Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s
              Work except for latent defects and deficiencies in such other work.
  (b)   Separate Contractors. LCRA shall provide for the coordination of the activities of the LCRA’s own forces and those of separate contractors
        with the Work of Contractor, who shall cooperate with them. Contractor shall participate with all separate contractors and LCRA’s Owner’s
        Representative in reviewing their construction schedules when directed to do so. Contractor shall make any revisions to the construction
        schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to
        be used by Contractor, separate contractors and LCRA until subsequently revised.

ARTICLE 10. LCRA’S RESPONSIBILITIES
  (a)   Communications to Contractor. Prior to the start of construction, LCRA will designate a person(s) or entity(s) to act as LCRA’s Authorized
        Agent and Owner’s Representative, during construction. LCRA shall issue all communications to Contractor through LCRA’s Owner’s
        Representative, relative to the on-site day-to -day construction activities. All communications and notices relative to the administration of and
        changes to the Contract shall be issued by LCRA’s Authorized Agent.
  (b)   Furnish Data. LCRA shall promptly furnish any data required of LCRA under the Contract Documents.
  (c)   Pay Promptly When Due. LCRA shall make payments to Contractor promptly subject to Ch. 2251 of the Texas Government Code and in
        accordance with Article 16.
  (d)   Lands and Easements; Reports and Tests. LCRA’s duties in respect of providing lands and easements and providing engineering
        surveys to establish reference points are set forth in Articles 5(a) and 5(g). Article 5(b) refers to LCRA’s identifying and making available to
        Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing
        surface or subsurface structures at or contiguous to the Site that have been utilized by Designer in preparing the Contract Documents.
  (e)   Change Orders. LCRA is obligated to execute Change Orders as provided in Article 12(c).
  (f)   Inspections, Tests, and Approvals. LCRA’s responsibility in respect to certain inspections, tests, and approvals is set forth in Article
        15(c).
  (g)   Limitations on LCRA’s Responsibilities. The LCRA shall not supervise, direct, or have control or authority over, nor be responsible for,
        Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident
        thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. LCRA will not be
        responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. Failure or omission of LCRA to
        discover, or object to or condemn any defective Work shall not release Contractor from the obligation to properly and fully perform the Work
        in accordance with the Contract Documents.
  (h)   Undisclosed Hazardous Environmental Condition. LCRA’s responsibility in respect to an undisclosed Hazardous Environmental
        Condition is set forth in Article 5(h).
ARTICLE 11. DESIGNER’S STATUS DURING CONSTRUCTION
  (a)   Designer’s Authority and Responsibilities. The duties and responsibilities and the limitations of authority of Designer during construction
        are set forth in the Contract Documents and shall not be extended without written consent of LCRA and Designer. The assignment of any
        authority, duties or responsibilities to Designer under the Contract Documents, or under any Contract between LCRA and Designer, or any
        undertaking, exercise or performance thereof by Designer, is intended to be for the sole and exclusive benefit of LCRA and not for the
        benefit of Contractor, Subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them.
        Designer may be designated as the LCRA’s Owner’s Representative under this Article.
  (b)   Visits to Site. Designer will make visits to the Site at intervals appropriate to the various stages of construction as Designer deems
        necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the
        various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Designer, for the
        benefit of LCRA, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Designer will not be
        required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Designer’s efforts will be
        directed toward ensuring that the completed Work will conform generally and in all material respects to the Contract Documents. On the
        basis of such visits and observations, Designer will keep LCRA informed of the progress of the Work and will endeavor to guard LCRA
        against defective Work.
         Designer’s visits and observations are subject to all the limitations on Designer’s authority and responsibility set forth in Article 11(i). Designer
         will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or
         procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and
         Regulations applicable to the performance of the Work.

  (c)   Project Representative. If LCRA and Designer agree, Designer will furnish a Resident Project Representative to assist Designer in
        providing more extensive observation of the Work.




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  (d)   Clarifications and Interpretations. Designer may determine that written clarifications or interpretations of the requirements of the Contract
        Documents are necessary, consistent with limitations of authority identified in this Article. Such written clarifications or interpretations will be
        consistent with the intent of and reasonably inferable from the Contract Documents, and will be issued with reasonable promptness by
        Designer.
        It is understood and agreed by the Parties that the Designer’s authority to issue clarifications and interpretations of the Contract Documents
        is limited to questions pertaining to ambiguities and discrepancies, if any, contained in the Drawings and Specifications, and any appendices
        or attachments having to do with the design of the project, but is not authorized to issue clarifications or interpretations regarding the Terms
        and Conditions.
  (e)   Authorized Variations in Work. Designer may, with approval of LCRA’s Owner’s Representative, authorize minor variations in the Work
        from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are
        compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be
        accomplished by a Field Order and will be binding on LCRA and also on Contractor, who shall promptly perform the Work involved.
  (f)   Rejecting Defective Work. Designer and LCRA’s Owner’s Representative will have authority to disapprove or reject Work which either of
        them believe to be defective, or that Designer believes will not produce a completed Project that conforms to the Contract Documents or that
        will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
        Designer and LCRA’s Owner’s Representative will also have authority to require special inspection or testing of the Work as provided in
        Article 15(c), whether or not the Work is fabricated, installed, or completed.
  (g)   Determinations for Unit Price Work. Designer will determine, subject to verification by LCRA, the actual quantities and classifications of Unit
        Price Work performed by Contractor. Designer will review with Contractor the Designer’s preliminary determinations on such matters before
        rendering a written decision thereon (by recommendation of a Payment Application or otherwise) to LCRA’s Owner’s Representative.
  (h)   Limitations on Designer’s Authority and Responsibilities. Neither Designer’s authority or responsibility under this Article or under any
        other provision of the Contract Documents nor any decision made by Designer in good faith either to exercise or not exercise such authority or
        responsibility or the undertaking, exercise, or performance of any authority or responsibility by Designer shall create, impose, or give rise to any
        duty in contract, tort, or otherwise owed by Designer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any
        surety for or employee or agent of any of them.
        (1)   Designer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques,
              sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to
              comply with Laws and Regulations applicable to the performance of the Work. Designer will not be responsible for Contractor’s failure
              to perform the Work in accordance with the Contract Documents. Failure or omission of Designer to discover, or object to or condemn
              any defective Work or material shall not release Contractor from the obligation to properly and fully perform the Contract.
        (2)   Designer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other
              individual or entity performing any of the Work.
        (3)   Designer’s review of the final Payment Application and accompanying documentation and all maintenance and operating instructions,
              schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by
              Article 16(g) will only be to determine generally that their content complies in all material respects with the requirements of, and in the
              case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents.
        (4)   The limitations upon authority and responsibility set forth in this Article shall also apply to Designer’s Consultants, Resident Project
              Representative, and assistants.
        (5)   This Contract shall not in any way amend or modify the Contract between LCRA and Designer.

ARTICLE 12. CHANGES IN THE WORK; CLAIMS
  (a)   Authorized Changes in the Work. Without invalidating the Contract and without notice to any surety, LCRA may, at any time or from time
        to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, Work Order Directive, or a Field
        Order. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the
        applicable conditions of the Contract Documents (except as otherwise specifically provided). If LCRA and Contractor are unable to agree on
        entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a
        result of a Work Change Directive, a Claim may be made therefor as provided in Article 12(e).

  (b)   Unauthorized Changes in the Work. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
        Times with respect to any Work performed that is not required by the Contract Documents as amended, modified, or supplemented as
        provided in Article 4(d), except in the case of an emergency as provided in Article 7(p) or in the case of uncovering Work as provided in
        Article 15(d).
  (c)   Execution of Change Orders. The LCRA Authorized Agent and Contractor shall execute appropriate written Change Orders
        recommended by Designer and approved by the LCRA Authorized Agent (or Written Amendments) covering:

        (1)   changes in the Work which are: (i) ordered by the LCRA Authorized Agent pursuant to Article 12(a); (ii) required because of
              acceptance of defective Work under Article 15(h) or LCRA’s correction of defective Work under Article 15(i); or (iii) agreed to by the
              Parties; and



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        (2)   changes in the Contract Price or Contract Times which are agreed to by the Parties, including any undisputed sum or amount of time
              for Work actually performed in accordance with a Work Change Directive.

        (3)   An executed Change Order shall represent the complete, equitable, and final adjustment in the Contract Price and/or Contract Time
              owed to Contractor or LCRA as a result of the occurrence or event causing the change in the Work encompassed by the Change
              Order, including delays, hindrances, acceleration, loss of efficiency and all other impacts, and release LCRA from all further liability for
              changes in the Contract Price or the Contract Time.
  (d)   Notification to Surety. If notice of any change affecting the general Scope of the Work or the provisions of the Contract Documents
        (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of
        any such notice will be Contractor’s sole responsibility. The value of each applicable Bond will be adjusted to reflect the effect of any such
        change.
  (e)   Claims and Disputes.
        (1)   General. All Claims, disputes, and other matters in question between LCRA and Contractor arising out of or relating to the Contract
              Documents (including the Work to be performed thereunder) or breach thereof (except for Claims that have been waived by the
              making or acceptance of final payment as provided by Article 15(h)), or other occurrences or events, shall be made in accordance with
              this Article. Contractor shall proceed diligently with the Work during the resolution of Claims.
        (2)   Claim Filing, Notice. Claims shall be presented in writing to LCRA’s Authorized Agent if filed by Contractor, and to Contractor’s
              Superintendent, if filed by LCRA. Claims shall state the following:
              (i)     The specific contractual provision, if any, under which the Claim is being asserted;
              (ii)    A concise statement of the facts supporting the Claim;
              (iii)   The type of relief or amount of money sought; and
              (iv)    An affidavit signed by claimant’s authorized representative affirming the truth and accuracy of the facts.
              (v)     Claims must be filed within fifteen (15) days after the event giving rise to the Claim, or within fifteen (15) days after the claimant
                      knew or should have known of the event. Claims not filed within the fifteen (15) day limitations period are waived. If a Claim has
                      been resolved by LCRA's issuance of a Change Order, additional Claims based on the same facts, or arising out of the same
                      event or occurrence, will not be considered.

        (3)   Suspension. Contractor may not on its own initiative suspend the Work during the resolution of a Claim.
        (4)   Claim Resolution. Claims shall be ruled on not later than thirty (30) days after receipt. If a Claim is denied, the Parties shall meet
              within seven (7) days after issuance of the denial, unless otherwise agreed, to discuss the Claim and the reason for the denial of relief
              requested. The recipient of the Claim shall have ten (10) days (the “Reconsideration Period”) after the conclusion of such meeting to
              reconsider its ruling and any settlement offers presented by the claimant. If the claimant is not satisfied with the ruling issued by the
              other Party, the claimant may, not sooner than thirty (30) days after expiration of the Reconsideration Period, request Alternative
              Dispute Resolution pursuant to Article 18. All time limits contained herein may be modified by the Parties by Agreement.

        (5)   No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this
              Article 12(e).

ARTICLE 13. COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK
  (a)   Cost of the Work.
        (1)   Costs Included. The term Cost of the Work means the sum of all costs necessarily incurred and actually paid by Contractor in the
              proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in
              Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or
              incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise
              may be agreed to in writing by LCRA, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
              include only the following items, and shall not include any of the costs excluded in Article 13(a)(2).

              (i)     For all personnel, Contractor will receive the rate or wage specified in the Prevailing Wage Rate Schedule for each hour that
                      such personnel are actually engaged in such Work. For the cost of premiums on public liability insurance, workers’
                      compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages
                      paid personnel will be paid to Contractor. The actual cost of Contractor’s Bond(s) on the extra Work will be paid based on
                      invoices from surety. No charge for superintendence will be made unless additional Contract Time is approved specifically
                      associated with the change.
              (ii)    Contractor will receive the actual cost, including freight charges, of the materials and equipment used on such Work. In case
                      invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount.




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              (iii)   Notwithstanding the foregoing, for machinery, trucks, power tools, or other similar equipment owned by the Contractor or
                      Subcontractor and agreed to be necessary by LCRA and Contractor, LCRA will allow Contractor the rate as given in the latest
                      edition of the Associated General Contractors of America "Contractor’s Equipment Cost Guide” as published by Dataquest for
                      each hour that said tools or equipment are in use on such Work, which rate includes the cost of fuel, lubricants and repairs.
              (iv)    If required by LCRA, Contractor shall obtain competitive proposals from Subcontractors acceptable to LCRA and Contractor and
                      shall deliver such proposals to LCRA, who will then determine, with the advice of Designer, which Proposals, if any, will be
                      acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the
                      Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as
                      provided in this Article.
              (v)     Actual costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys,
                      and accountants) employed for services specifically related to the Work.
              (vi)    Supplemental actual costs including the following:
                      (vi1) The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in
                            discharge of duties connected with the Work.
                      (vi2) Actual costs of transportation to the Site of machinery, trucks and similar equipment specifically required for the Work, but
                            not otherwise at the Site.
                      (vi3) Actual cost of all materials, supplies, equipment, appliances, office and temporary facilities at the Site, and hand tools not
                            owned by the workers, which are consumed in the performance of the Work, and actual cost, less market value, of such
                            items used but not consumed which remain the property of Contractor.
                      (vi4) Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in
                            accordance with rental Contracts approved by LCRA with the advice of Designer, and the costs of transportation, loading,
                            unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of such
                            rental Contracts. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer
                            necessary for the Work.
                      (vi5) Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is considered the “consumer”
                            pursuant to Chapter 151 of the Texas Tax Code.
                      (vi6) Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed
                            by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.
                      (vi7) When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for
                            additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the
                            Claim.
        (2)   Costs Excluded. The term Cost of the Work shall not include any of the following items:

              (i)     Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships),
                      general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
                      expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or
                      branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifica-
                      tions referred to in Article 13(a)(1)(i) or specifically covered by Article 13(a)(1)(iv), all of which are to be considered
                      administrative costs covered by the Contractor’s fee.

              (ii)    Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

              (iii)   Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against
                      Contractor for delinquent payments.

              (iv)    Costs due to the willful misconduct and negligence, in whole or in part, of Contractor, any Subcontractor, or anyone directly or
                      indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of
                      defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

              (v)     Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in
                      Articles 13(a)(1) and 13(a)(2).

        (3)   Documentation. Whenever the Cost of the Work for any purpose is to be determined pursuant to Articles 13(a)(1) and 13(a)(2),
              Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a
              form acceptable to LCRA an itemized cost breakdown together with supporting data.

  (b)   Cash Allowances. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents
        and shall cause the Work so covered to be performed for such sums as may be acceptable to LCRA. Contractor agrees that: (i) the
        allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be
        delivered at the Site, and all applicable taxes; and (ii) Contractor’s costs for unloading and handling on the Site, labor, installation costs,


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        overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances,
        and no demand for additional payment on account of any of the foregoing will be valid.
        Prior to final payment, an appropriate Change Order will be issued, as recommended by Designer and approved by the LCRA, to reflect actual
        amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

  (c)   Unit Price Work. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will
        be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price
        Work times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not
        guaranteed and are solely for the purpose of comparison of Proposals and determining an initial Contract Price. Determinations of the
        actual quantities and classifications of Unit Price Work performed by Contractor will be made by Designer subject to the provisions of Article
        11(g).
        (1)   Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and
              profit for each separately identified item.

        (2)   LCRA or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 12(e) if: (i) the actual
              quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent (20%) less than that in the
              Proposal. A Major Item is any individual item in the Proposal that has a total cost equal to or greater than five percent (5%) of the
              original Contract Price or $50,000, whichever is greater, computed on the basis of estimated quantities and unit prices; and (ii) there is
              no corresponding adjustment with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled to an
              increase in Contract Price as a result of having incurred additional expense or LCRA believes that LCRA is entitled to a decrease in
              Contract Price and the Parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 14. CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
  (a)   Change of Contract Price.
        (1)   The Contract Price may only be changed by a written Change Order or by a Written Amendment. Any Claim for an adjustment in the
              Contract Price shall be based on written notice submitted by the Party making the Claim to the other Party to the Contract with a copy
              to the Designer in accordance with the provisions of Article 12(e).

        (2)   The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as
              follows:

              (i)     where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the
                      quantities of the items involved (subject to the provisions of Article 13(c); or
              (ii)    where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum in
                      accordance with Article 14(a)(3)(ii); or
              (iii)   where the Work involved is not covered by unit prices contained in the Contract Documents and Contract to a lump sum is not
                      reached under Article 14(a)(2)(ii), on the basis of the Cost of the Work (determined as provided in Article 13(a)) plus a
                      Contractor’s fee for overhead and profit (determined as provided in Article 14(a)(3)).

        (3)   Contractor’s Fee. The Contractor’s fee for overhead and profit shall be determined as follows:
              (i)     a mutually acceptable fixed fee; or (ii) if a fixed fee is not agreed upon, then a fee based on the following percentages of the
                      various portions of the Cost of the Work:
                      (i1)   for costs incurred under Articles 13(a)(1)(i) and 13(a)(1)(ii), the Contractor’s fee shall be fifteen percent (15%);
                      (i2)   for costs incurred under Article 13(a)(1)(iii), the Contractor’s fee shall be five percent (5%);
                      (i3)   where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon,
                             the intent of Article 14(a)(3)(ii) is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a
                             fee of fifteen percent (15%) of the costs incurred by such Subcontractor under Articles 13(a)(1)(i) and 13(a)(1)(ii) and that
                             any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower
                             tier Subcontractor;
                      (i4)   no fee shall be payable on the basis of costs itemized under Articles 13(a)(1)(v) and 13(a)(1)(vi);
                      (i5)   the amount of credit to be allowed by Contractor to LCRA for any change which results in a net decrease in cost will be
                             the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent (5%)
                             of such net decrease; and
                      (i6)   when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on
                             the basis of the net change in accordance with this Article.




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  (b)   Change of Contract Times. The Contract Times (or Milestone Dates) may only be changed by a Change Order or by a Written
        Amendment. Any Claim for an adjustment in the Contract Times (or Milestone Dates) shall be based on written notice submitted by the Party
        making the claim to the other Party to the Contract with a copy to the Designer in accordance with the provisions of Article 12(e).

        Any adjustment of the Contract Times (or Milestone Dates) covered by a Change Order or of any Claim for an adjustment in the Contract Times
        (or Milestone Dates) will be determined in accordance with the provisions of this Article 14.

  (c)   Delays Beyond Contractor’s Control. Where Contractor is prevented from completing any part of the Work within the Contract Times (or
        Milestone Dates) due to delay beyond the control of Contractor, the Contract Times (or Milestone Dates) may be extended in an amount
        equal to the time lost due to such delay if a Claim is made therefor as provided in Article 14(b). Except as provided in Article 14(f), an
        extension of the Contract Times (or Milestone Dates) in an amount equal to the time lost due to such delay shall be Contractor’s sole and
        exclusive remedy for such delay. LCRA will consider time extension requests and may grant Contractor an extension in time because of: (i)
        Change ordered in the Work that justifies additional time; (ii) acts of LCRA, Designer, utility owners or other contractors employed by LCRA
        that delay progress of work through no fault of Contractor; (iii) When Contractor is delayed by strikes, lockouts, fires, losses from natural
        causes, or other unavoidable causes beyond Contractor’s control.
  (d)   Delays Within Contractor’s Control. The Contract Times (or Milestone Dates) will not be extended due to delays within the control of
        Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of
        Contractor. Delays attributable to defective Work and discovery thereof shall not result in an extension of the Contract Time or any
        Milestone Date(s).
  (e)   Rain Delays. Contractor may be granted an extension of time because of unusual, inclement weather which is beyond the normal weather
        recorded and expected for the Central Texas area. Normal rainfall compiled by the State climatologist, based on U.S. Weather Bureau
        Records for Austin, Texas, shall be included in Contractor’s schedule when Work is being performed, and is not a justification for an
        extension of time. Listed as follows is the mean number of days in which there occurred 0.01 inch or more of precipitation:
                     January................... 8 days
                     February ................. 8 days
                     March ..................... 7 days
                     April ........................ 7 days
                     May ........................ 9 days
                     June ....................... 6 days
                     July ......................... 5 days
                     August .................... 5 days
                     September .............. 7 days
                     October................... 7 days
                     November ............... 7 days
                     December ............... 7 days

        Rain days per month in amounts exceeding the number of days shown above may be credited as a Rain Day if the Contractor finds that
        inclement weather is preventing or is about to prevent the safe and competent performance of the Work and meets the following definition: a
        “Rain Day” is any day in which a rain event occurs at the site and is sufficient to prevent Contractor from performing units of Work critical to
        maintaining the project schedule. Contractor shall confer with LCRA’s Owner’s Representative. If the LCRA’s Owner’s Representative
        agrees, the day will be considered an inclement weather day, and the Substantial Completion date shall be extended commensurately. Each
        inclement weather day shall be documented in the project files.

  (f)   No Damages for Delays. Notwithstanding anything to the contrary in the Contract Documents, the Contractor’s sole remedy for any (i)
        delay in the commencement, prosecution, or completion of the Work, (ii) hindrance or obstruction in the performance of the Work, (iii) loss of
        productivity, or (iv) other similar claims (collectively referred to in this Article as “Delays”), whether or not such Delays are foreseeable, shall
        be an extension of time in which to complete the Work if permitted under Article 14(c) and, to the extent permitted under this Article, an
        adjustment in the Contract Price. IN NO EVENT SHALL CONTRACTOR BE ENTITLED TO ANY OTHER COMPENSATION OR
        RECOVERY OF ANY DAMAGES PURSUANT TO THIS CONTRACT AND THIS ARTICLE IN CONNECTION WITH ANY DELAY,
        INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, LOST OPPORTUNITY COSTS, LOST PRODUCTIVITY, IMPACT
        DAMAGES, OR OTHER SIMILAR REMUNERATION.
        (1)   The Contractor shall be permitted an adjustment in the Contract Price if any individual Delay causes the Contract Time to be
              increased by more than five (5) working days (the “Elimination Period”). Any adjustment in the Contract Price under or pursuant to
              this Article shall be limited to the increase, if any, of direct costs incurred by the Contractor in performing the Work as a result of that
              portion of the Delay that causes the Contract Time to be increased in excess of the Elimination Period. Direct costs for purposes of
              this Article are those costs specifically set forth in Article 13(a)(1), and do not include overhead and profit.

        (2)   The LCRA and the Contractor agree that the Elimination Period shall not apply to a delay directly caused by the LCRA.




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ARTICLE 15. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
       NON-CONFORMING WORK
  (a)   Notice of Defects. Prompt notice of all defective Work of which LCRA or Designer has actual knowledge will be given to Contractor. All
        defective Work may be rejected, corrected, or accepted as provided in this Article.
  (b)   Access to Work. LCRA, Designer, Designer’s Consultants, other representatives and personnel of LCRA, independent testing laboratories,
        and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for the purpose of
        observation, inspection, and tests. Contractor shall provide them proper and safe conditions for such access and advise them of
        Contractor’s Site safety procedures and programs so that they may comply therewith as applicable.
  (c)   Tests and Inspections. Contractor shall give LCRA’s Owner’s Representative and Designer timely notice of readiness of the Work for all
        required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
        (1)   LCRA shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals
              required by the Contract Documents except:
              (i)     for inspections, tests, or approvals covered by this Article 15;
              (ii)    that costs incurred in connection with tests or inspections conducted pursuant to Article 15(d) shall be paid as provided in said
                      Article 15(d);
              (iii)   for re-inspecting or retesting defective Work; and
              (iv)    as otherwise specifically provided in the Contract Documents.
        (2)   All testing laboratories shall meet the requirements of ASTM E-329.
        (3)   If Laws or Regulations require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other
              representative of the body with jurisdiction, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests,
              or approvals, pay all costs in connection therewith, and furnish LCRA’s Owner’s Representative and Designer with the required
              certificates of inspection or approval.
        (4)   Contractor shall be responsible for arranging and obtaining, and shall pay all costs in connection with, any inspections, tests, or
              approvals required for LCRA’s and Designer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of
              materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such
              inspections, tests, or approvals shall be performed by organizations acceptable to LCRA and Designer.

  (d)   Uncovering Work. If any Work (or the Work of others) that is to be inspected, tested, or approved is covered by Contractor without written
        concurrence of LCRA’s Owner’s Representative or Designer, it must, if requested by LCRA’s Owner’s Representative or Designer, be
        uncovered for observation. Uncovering Work as provided herein shall be at Contractor’s expense and shall not entitle Contractor to an
        extension in the Contract Time or any Milestone or to the Contract Price.
         If LCRA’s Owner’s Representative or Designer considers it necessary or advisable that covered Work be observed by LCRA’s Owner’s
         Representative or Designer or inspected or tested by others, Contractor, at LCRA’s Owner’s Representative’s or Designer’s request, shall
         uncover, expose, or otherwise make available for observation, inspection, or testing as LCRA’s Owner’s Representative or Designer may
         require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective,
         Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
         and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure,
         observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or
         replacement of work of others); and LCRA shall be entitled to an appropriate decrease in the Contract Price, if applicable. If the Parties are
         unable to agree as to the amount thereof, LCRA may make a Claim therefor as provided in Article 12(e). If, however, such Work is not found to
         be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestone Dates), or both,
         directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction in accordance with Article
         14(f). If the Parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Article 12(e).

  (e)   LCRA May Stop the Work. If the Work is defective, Contractor fails to supply sufficient skilled workers or suitable materials or equipment,
        or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, LCRA may order Contractor to
        stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of LCRA to stop the Work shall
        not give rise to any duty on the part of LCRA to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other
        individual or entity, or any surety for, or employee or agent of any of them.
        If Contractor persistently fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time
        schedule, LCRA may order Contractor to stop the Work, or any portion thereof, until cause for such order has been eliminated, or take any
        other remedial action permitted by this Contract up to and including termination. A notice to stop the Work, based on defects, shall not entitle
        Contractor to any extension of the Contract Times or be the basis for a valid Claim for a change in the Contract Time of the Contract Price.




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  (f)   Correction or Removal of Defective Work. Contractor shall correct all defective Work, whether or not fabricated, installed, or completed,
        or, if the Work has been rejected by LCRA or Designer, remove it from the Project and replace it with Work that is not defective. Contractor
        shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
        other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal
        (including but not limited to all costs of repair or replacement of work of others).
  (g)   Correction Period. Contractor shall promptly, without cost to LCRA, and in accordance with LCRA’s written instructions: (i) repair any
        damages to the land or areas made available for Contractor’s use by LCRA or permitted by Laws and Regulations, or (ii) correct defective
        Work or, if the defective Work has been rejected by LCRA, remove it from the Project and replace it with Work that is not defective, and (iii)
        satisfactorily correct, repair, or remove and replace any damage to other Work, to the work of others or other land or areas resulting
        therefrom. LCRA may exercise this right within one year after the date of Substantial Completion or such longer period of time as may be
        prescribed by Laws or Regulations or by the terms of any applicable warranty or guarantee required by the Contract Documents. If
        Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or
        damage, LCRA may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims,
        costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and
        all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and
        replacement (including but not limited to all costs of repair or replacement of work of others) shall be paid by Contractor within thirty (30)
        days of written demand therefor by LCRA.
        (1)   In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the
              Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written
              Amendment.
        (2)   Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this
              Article, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such
              correction or removal and replacement has been satisfactorily completed.
        (3)   Contractor’s obligations under this Article are in addition to any other obligation or warranty. The provisions of this Article shall not be
              construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

  (h)   Acceptance of Non-Conforming Work. If LCRA prefers to accept non-conforming Work instead of requiring correction or removal and
        replacement it may do so. Contractor shall pay LCRA all Claims, costs, losses, and damages (including but not limited to all fees and
        charges of Designers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable
        to LCRA’s evaluation of and determination to accept such defective Work and the diminished value of the Work to the extent not otherwise
        paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Designer’s recommendation of final payment, a
        Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and LCRA shall be
        entitled to an appropriate decrease in the Contract Price, reflecting the costs, claims, damages and losses attributable to acceptance of
        defective Work. If the Parties are unable to agree as to the amount thereof, LCRA may make a Claim therefor as provided in Article 12(e).
        If the acceptance occurs after such recommendation, Contractor will pay an appropriate amount to LCRA.
  (i)   LCRA May Correct Non-Conforming Work. If Contractor fails after written notice from LCRA to correct defective Work or to remove and
        replace rejected Work as required by LCRA in accordance with Article 15(g), or if Contractor fails to perform the Work in accordance with the
        Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, LCRA may, after seven (7)
        calendar days written notice to Contractor, correct and remedy any such deficiency without affecting Contractor’s warranty obligations.
        (1)   In exercising the rights and remedies under this Article, LCRA shall proceed expeditiously. In connection with such corrective and
              remedial action, LCRA may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend
              Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the
              Site, and incorporate in the Work all materials and equipment stored at the Site or for which LCRA has paid Contractor but which are
              stored elsewhere. Contractor shall allow LCRA, LCRA’s Owner’s Representatives, agents and employees, LCRA’s other contractors,
              and Designer and Designer’s Consultants access to the Site and such other locations where material and/or equipment paid for by
              LCRA may be stored to enable LCRA to exercise the rights and remedies under this Article.
        (2)   All Claims, costs, losses, and damages (including but not limited to all fees and charges of Designers, architects, attorneys, and other
              professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by LCRA in exercising the rights and
              remedies under this Article will be charged against Contractor, and a Change Order will be issued incorporating the necessary
              revisions in the Contract Documents with respect to the Work; and LCRA shall be entitled to an appropriate decrease in the Contract
              Price. If the Parties are unable to agree as to the amount of the adjustment, LCRA may make a Claim therefor as provided in Article
              12(e). Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others
              destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.
        (3)   Contractor shall not be allowed an extension of the Contract Times (or Milestones), the Contract Price or claims of damage because
              of any delay in the performance of the Work attributable to the exercise by LCRA of LCRA’s rights and remedies under this Article.

ARTICLE 16. PAYMENTS TO CONTRACTOR AND COMPLETION
  (a)   Schedule of Values. The schedule of values established as provided in Article 3(g) will serve as the basis for progress payments and will
        be incorporated into a form of Payment Application acceptable to LCRA. Progress payments on account of Unit Price Work will be based on
        the number of units completed.




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  (b)   Progress Payments.
        (1)   Applications for Payments. At least seven (7) calendar days prior to the fifth (5th) of each month, Contractor shall submit to Designer
              for review an Payment Application, in a form acceptable to LCRA, filled out and signed by Contractor covering the Work completed as
              of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If
              payment is requested on the basis of materials or equipment not incorporated in the Work but delivered and suitably stored at the site
              or at another location agreed to in writing, the Payment Application shall be accompanied by such bills of sale, data and other
              procedures satisfactory to LCRA substantiating LCRA’s title to such materials or equipment or otherwise protecting LCRA’s interest.
              Payment on account of such materials or equipment will not include any amount for Contractor’s overhead or profit or relieve
              Contractor of its obligation to protect and install such materials or equipment in accordance with the requirements of the Contract and
              to restore damaged or defective Work. If materials or equipment are stored at another location they shall be stored in a bonded and
              insured facility, accessible to Designer and LCRA, and shall be clearly marked as property of LCRA.
              (i)     Contractor shall pay each Subcontractor and Supplier their appropriate share of payments made to Contractor not later than ten
                      (10) Calendar Days of Contractor’s receipt of payment from LCRA.
              (ii)    Such applications shall not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or
                      Supplier because of a dispute or other reason. Beginning with the second Payment Application, each Application shall include
                      an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on
                      account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.
              (iii)   Such applications shall not include requests for payment on account of changes in the Work which have been properly
                      authorized by Change Directive but not yet included in Change Orders.
              (iv)    LCRA will pay Contractor the total amount of each invoice, less ten percent (10%) of amount thereof, which ten percent (10%)
                      will be retained until final payment becomes due, less all previous payments and less all sums that may be retained by LCRA
                      under the terms of the Contract. In the event of Contractor’s non-performance, including without limitation non-delivery or
                      delayed delivery, LCRA may offset against the retainage any liquidated damages or other applicable damages to which it is
                      entitled before making final payment.
              (v)     Applications for Payment shall include the following documentation: (i) updated progress schedule; and (ii) any other
                      documentation required under the Terms and Conditions.

        (2)   Review of Applications. Designer will, within seven (7) calendar days after receipt of each Payment Application, either indicate in
              writing a recommendation of payment and present the Application to LCRA or return the Application to Contractor indicating in writing
              Designer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and
              resubmit the Application.
              Designer may refuse to recommend the whole or any part of any payment if, in Designer’s opinion, it would be incorrect to make such
              recommendation. Designer may also refuse to recommend any such payment or, because of subsequently discovered evidence or
              the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent
              as may be necessary in Designer’s opinion to protect LCRA from loss because: (i) the Work is defective, or completed Work has been
              damaged, requiring correction or replacement; (ii) the Contract Price has been reduced by Written Amendment or Change Orders; (iii)
              LCRA has been required to correct defective Work or complete Work in accordance with Article 15(i); (iv) Designer has actual
              knowledge of the occurrence of any of the events enumerated in Article 17(b); or (v)Liquidated damages are, or may reasonably be
              expected, to become payable by Contractor to LCRA.

        (3)   Reduction in Payment. LCRA may withhold or nullify the whole or part of any payment request to such extent as may be necessary
              on account of:
              (i)     defective Work not remedied;
              (ii)    third party Claims filed or reasonable evidence indicating probable filing of such Claims;
              (iii)   failure of Contractor to make payments properly to Subcontractors or for labor, materials or equipment;
              (iv)    reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price;
              (v)     damage to LCRA or any third party;
              (vi)    reasonable evidence that the Work will not be completed within the Contract Time, and that unpaid balance would not be
                      adequate to cover actual or liquidated damages for the anticipated delay;
              (vii)   failure of Contractor to submit a schedule of values in accordance with the Contract Documents;
              (viii) failure of Contractor to submit a submittal schedule in accordance with the Contract Documents;
              (ix)    failure of Contractor to submit and update a construction schedule in accordance with the Contract Documents;
              (x)     failure of Contractor to maintain a record of changes on drawings and documents;
              (xi)    Contractor’s neglect or unsatisfactory prosecution of the Work, including failure to clean up;
              (xii)   Failure of Contractor to comply with any material provision of the Contract Documents;
              (xiii) Failure of Contractor to properly dispose of excess wastes; or
              (xiv) Additional waste disposal costs incurred by LCRA.


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        Should the whole or part of any payment request be withheld, LCRA will identify to Contractor in writing the reasons for such withholding.
        When the above reasons for withholding payment are removed, Contractor shall resubmit a statement for the value of Work performed within
        the next month’s progress payment.

  (c)   Contractor’s Warranty of Title. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
        Payment Application, whether incorporated in the Project or not, will pass to LCRA free and clear of liens, claims, security interests or
        encumbrances upon Contractor’s delivery to the Site or receipt of full payment for the item, whichever comes first. Notwithstanding the
        passage of title the risk of loss or damage to all Work, Materials and equipments shall be borne by the Contractor until Substantial
        Completion.
  (d)   Substantial Completion. When Contractor considers the entire Work ready for its intended use, Contractor shall notify LCRA and Designer
        in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that
        Designer issue a certificate of Substantial Completion. Promptly thereafter, LCRA, Contractor, and Designer shall jointly make an inspection
        of the Work to determine the status of completion. If Designer does not consider the Work substantially complete, Designer will notify
        Contractor in writing giving the reasons therefor. If Designer considers the Work substantially complete, Designer will prepare and deliver to
        LCRA, a tentative certificate of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected
        before final payment. LCRA shall have seven (7) calendar days after receipt of the tentative certificate during which to make written
        objection to Designer as to any provisions of the certificate or attached list. If LCRA finds objection, the Designer shall promptly notify the
        Contractor in writing of such objections. If the LCRA agrees that the Work is substantially complete, or once LCRA’s stated objections have
        been corrected by the Contractor, Designer will execute and deliver to LCRA and Contractor a definitive certificate of Substantial Completion
        which shall fix the date of Substantial Completion, shall include a final punch list of items to be completed or corrected prior to final payment
        and establish the time within which Contractor shall finish the punch list, and shall include a written recommendation as to division of
        responsibilities pending final payment between LCRA and Contractor with respect to security, operation, safety, maintenance, heat, utilities,
        insurance and warranties and guarantees. Failure to include an item on the punch list does not alter the responsibility of Contractor to
        complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by LCRA and
        Contractor to evidence acceptance including the responsibilities assigned to each in such certificate.
        (1)   If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, such certificate must be issued before
              the Work or any portion thereof is considered substantially complete.
        (2)   LCRA shall have the right to exclude Contractor from the Site after the date of Substantial Completion, but LCRA shall allow Contractor
              reasonable access to complete or correct items on the punch list.

  (e)   Partial Utilization. Use by LCRA, at LCRA’s option, of any substantially completed part of the Work which has specifically been identified in
        the Contract Documents, or which LCRA, Designer, and Contractor agree constitutes a separately functioning and usable part of the Work
        that can be used by LCRA for its intended purpose without significant interference with Contractor’s performance of the remainder of the
        Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.
        (1)   LCRA at any time may request Contractor in writing to permit LCRA to use any such part of the Work which LCRA believes to be
              ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete,
              Contractor will certify to LCRA and Designer that such part of the Work is substantially complete and request that Designer issue a
              notice specifying what portion of the Work is substantially complete for the purpose of payment and what Work remains to be done on
              the portion being accepted. The provisions of Article 16(d) will apply with respect to the notice specifying what portion of the Work is
              partially completed for the purpose of payment and what Work remains to be done on the portion being accepted.
        (2)   As a condition precedent to receiving any payment upon Substantial Completion, the LCRA shall have received all certifications of
              occupancy and any other permits, approvals, licenses, warranties and other documents from any governmental authority having
              jurisdiction thereof necessary for the partial utilization of any of the Work.
  (f)   Final Inspection. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Designer will promptly
        make a final inspection with LCRA and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that
        the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy
        such deficiencies.
  (g)   Final Payment.
        (1)   Payment Application. Final payment shall not be due until the requirements of this paragraph (g) are fully met. After Contractor has,
              in the opinion of Designer, satisfactorily completed all corrections identified during the final inspection, removed all surplus materials
              from the Site and has delivered, in accordance with the Contract Documents, (i) all and complete operating and maintenance
              manuals as required in the Specifications, each containing all maintenance and operating instructions, schedules, guarantees, Bonds,
              certificates or other evidence of insurance, certificates of inspection(s), and other documentation required of Suppliers by the Contract
              Documents; (ii) record documents; (iii) other documents and documentation required by the Contract Documents, Contractor may
              make application for final payment following the procedure for progress payments.
              (i)    The final Payment Application shall be accompanied (except as previously delivered) by all documentation called for in the
                     Contract Documents.
              (ii)   In lieu of the releases or waivers of Liens specified in this Article and as approved by LCRA, Contractor may furnish receipts or
                     releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and
                     equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected
                     with the Work for which LCRA or LCRA's property might in any way be responsible have been paid or otherwise satisfied. If any


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                      Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a Bond or other collateral
                      satisfactory to LCRA to indemnify LCRA against any Lien.
        (2)   Review of Application and Acceptance. If, on the basis of Designer’s observation of the Work during construction and final
              inspection, and Designer’s review of the final Payment Application and accompanying documentation, Designer is satisfied that the
              Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Designer will, within
              ten (10) days after receipt of the final Payment Application, indicate in writing Designer’s recommendation of payment and present the
              Payment Application to LCRA for payment. Otherwise, Designer will return the application to Contractor, indicating in writing the
              reasons for refusing final payment, in which case Contractor shall make the necessary corrections and resubmit the Application.
              Once LCRA is satisfied that the Work has been completed, LCRA will, subject to Article 16(b)(3), Reduction in Payment, pay to
              Contractor the balance due Contractor under the terms of the Contract.
              (i)     If the Contract measures Contract Time to Final Completion rather than Substantial Completion, LCRA will issue a letter of final
                      acceptance to Contractor which establishes the Final Completion date and initiates the one year correction period.
              (ii)    Final payment is considered to have taken place when Contractor or any of its representatives negotiates LCRA’s final payment
                      check, whether labeled final or not, for cash or deposits the check in any financial institution for its monetary return.
  (h)   Final Completion Certificate. Contractor shall maintain accurate records and books of account during the performance of the Contract and
        for a period of at least two (2) years after Final Completion in conformity with generally accepted accounting principles. At reasonable times
        upon written notice from LCRA, Contractor shall make all records, books of account, and supporting data available to LCRA for inspection
        and audit as are needed to verify compliance with the Terms and Conditions of the Contract.
  (i)   Waiver of Claims. The making and acceptance of final payment will constitute:
        (1)   a waiver of all Claims by LCRA against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after
              final inspection pursuant to Article 16(f), from failure to comply with the Contract Documents or the terms of any special guarantees
              specified therein, or from Contractor’s continuing obligations under the Contract Documents; and
        (2)   a waiver of all Claims by Contractor against LCRA other than those previously made in writing which are still unsettled.
  (j)   Amounts Payable to LCRA by Contractor. If the LCRA is entitled to reimbursement or any payment from the Contractor pursuant to the
        Contract Documents, such payment shall be made within thirty (30) days of demand therefor by LCRA. Notwithstanding anything contained
        in the Contract Documents to the contrary, if Contractor fails to promptly make any payment due to the LCRA, of if the LCRA incurs any
        costs and/or expenses to cure any default of the Contractor or to correct defective Work, the LCRA shall have an absolute right to offset
        such amount against the Contract Price and may, in the LCRA's sole discretion, elect to either (i) deduct an amount equal to that which the
        LCRA is entitled from any payment then or thereafter due the Contractor from the LCRA, or (ii) issue a written notice to the Contractor
        reducing the Contract Price by an amount to that which the LCRA is entitled.
  (k)   Liquidated Damages.
              The Contractor understands and agrees that the timely completion of the described Work is of the essence. The Contractor and the
              LCRA agree that for each and every calendar day the Work or any portion thereof, remains incomplete after the expiration of the
              Contract Time as established herein or revised by any Change Order, the Contractor shall pay the amount of            per calendar
              day as liquidated damages, not as a penalty, but for delay damages to the LCRA. Such amount shall be deducted by the LCRA from
              any payment due to the Contractor. In the event of a default or breach by the Contractor and demand is made upon the surety to
              complete the project, in accordance with the Contract Documents, the surety shall be liable for liquidated damages pursuant to the
              Contract Documents in the same manner as the Contractor would have been liable.

ARTICLE 17. SUSPENSION OF WORK AND TERMINATION
  (a)   LCRA May Suspend Work. At any time and without cause, LCRA may suspend the Work or any portion thereof for a period of not more
        than ninety (90) consecutive days by notice in writing to Contractor and Designer which will fix the date on which Work will be resumed.
        Contractor shall resume the Work on the date so fixed, unless otherwise notified in writing by the LCRA. Contractor shall be allowed an
        adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor
        makes a Claim therefor as provided in Article 12(e) and to the extent allowed by Article 12(e).

  (b)   LCRA May Terminate for Cause.
        (1)   The occurrence of any one or more of the following events will constitute an event of default:
              (i)     Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to,
                      failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule
                      established under Article 3(g) as adjusted from time to time pursuant to Article 7(d));
              (ii)    Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
              (iii)   Contractor’s disregard of the authority of LCRA’s Owner’s Representative or Designer;
              (iv)    Contractor’s violation in any substantial way of any provisions of the Contract Documents;
              (v)     Failure of Contractor to pay Subcontractors and/or material Suppliers; or
              (vi)    Contractor’s violation of LCRA’s ethics policy or LCRA Board Policy No. 206.



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        (2)   If one or more of the events identified in Article 17(b)(1) occur, LCRA may at its sole discretion, choose to either terminate this
              Contract upon immediate written notification to the Contractor (and the surety, if any) or provide a “Corrective Action Request”, which
              instructs the Contractor to provide a corrective action plan within five (5) business days, unless such event of default shall have been
              cured. LCRA, at its option, may proceed with negotiation with surety for completion of the Work. LCRA may, under these
              circumstances, exclude Contractor from the Site, and take possession of the Work, incorporate in the Work all materials and
              equipment stored at the Site or for which LCRA has paid Contractor but which are stored elsewhere, and finish the Work as LCRA
              may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished. If the
              unpaid balance of the Contract Price exceeds the cost to LCRA to complete the Work, including without limitation, all claims, costs,
              losses, and damages (including but not limited to all fees and charges of Designers, architects, attorneys, and other professionals and
              all court or arbitration or other dispute resolution costs) sustained by LCRA arising out of or relating to completing the Work, such
              excess will be paid to Contractor. If such costs to complete the Work, including without limitation, claims, costs, losses, and damages
              exceed such unpaid balance, Contractor or surety shall pay the difference to LCRA within thirty (30) days of LCRA’s demand therefor.
              When exercising any rights or remedies under this Article LCRA shall not be required to obtain the lowest price for the Work
              performed.
        (3)   Where Contractor’s services have been so terminated by LCRA, the termination will not affect any rights or remedies of LCRA against
              Contractor or surety then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by LCRA will
              not release Contractor or the surety from liability.
  (c)   LCRA May Terminate For Convenience. Upon seven (7) days written notice to Contractor and Designer, LCRA may, without cause and
        without prejudice to any other right or remedy of LCRA, elect to terminate the Contract. In such case, Contractor shall immediately stop all
        ongoing Work, take such action that is reasonably necessary to secure and protect the Work and the Site, terminate all subcontracts, and
        material and equipment orders, and promptly be paid (without duplication of any items):
        (1)   for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination,
              including fair and reasonable sums for overhead and profit on such Work;
        (2)   for direct costs sustained by Contractor prior to the effective date of termination in performing services and furnishing labor, materials,
              or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for
              overhead and profit on such expenses;
        (3)   for all costs, losses, and damages (including but not limited to all fees and charges of engineers and architects) incurred in settlement
              of terminated contracts with Subcontractors, Suppliers, and others; provided, however, Contractor shall, in all such contracts, retain
              the right of termination for convenience; and
        (4)   for reasonable expenses directly attributable to termination.
              Contractor agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate LCRA’s cost.
              PAYMENT FOR ITEMS (1) THROUGH (4) OF THIS PARAGRAPH (C) SHALL BE CONTRACTOR’S EXCLUSIVE REMEDY AND
              CONTRACTOR SHALL NOT BE PAID SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM
              TERMINATION, LOSS OF ANTICIPATED PROFITS OR REVENUE, OR OTHER ECONOMIC LOSSES RESULTING FROM SUCH
              TERMINATION.
              If LCRA terminates for convenience, any further payment to the Contractor shall be made in accordance with the Final Payment
              provisions of Article 16.
  (d)   Contractor May Stop Work or Terminate If, through no act or fault of Contractor, the Work is suspended for more than ninety (90)
        consecutive days by LCRA or under an order of court or other public authority, or Designer or LCRA’s Owner’s Representative fails to
        forward for processing any mutually acceptable Payment Application within thirty (30) days after it is submitted, or LCRA fails for sixty (60)
        days after receipt of an acceptable Payment Application to pay Contractor any sum finally determined by LCRA to be due, then Contractor
        may, upon seven (7) days written notice to LCRA and Designer, and provided LCRA or Designer do not remedy such suspension or failure
        within that time, terminate the Contract and recover from LCRA payment on the same terms as provided in Article 17(c). In lieu of terminat-
        ing the Contract, and without prejudice to any other right or remedy, if Designer or LCRA’s Owner’s Representative has failed to forward for
        processing any mutually acceptable Payment Application within thirty (30) days after it is submitted, or (except during disputes) LCRA has
        failed for sixty (60) days after receipt of an acceptable Payment Application to pay Contractor any sum finally determined by LCRA to be
        due, Contractor may, seven (7) days after written notice to LCRA and Designer, stop the Work until payment is made of all such amounts
        due Contractor, including interest thereon. The provisions of this Article 17(d) are not intended to preclude Contractor from making a Claim
        under Article 12(e) for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to
        Contractor’s stopping the Work as permitted by this Article.

ARTICLE 18. ALTERNATIVE DISPUTE RESOLUTION
  (a)   Methods and Procedures. If a dispute exists concerning a Claim, the Parties agree to use the following procedure prior to pursuing any
        other available remedies. LCRA reserves the right to require joinder of Designer, any and all Subcontractors and material Suppliers, and
        any other party with a pecuniary interest in the outcome of the dispute.
  (b)   Negotiating with Previously Uninvolved Personnel. Either Party may make a written request for a meeting to be held between
        representatives of each Party within fourteen (14) days of the request or such later period that the Parties may agree to. Each Party shall
        endeavor to include, at a minimum, one (1) previously uninvolved senior-level decision-maker duly authorized to negotiate and extend
        settlement offers on behalf of their respective organizations. The purpose of this and any subsequent meetings will be good faith
        negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty (30) days of the first meeting, unless


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        mutually agreed otherwise. This step may be waived by a written Contract signed by both Parties, in which event the Parties may proceed
        directly to mediation as described below.
  (c)   The Parties agree that in the event of a dispute concerning the performance or non-performance of any obligations flowing from or as a
        result of this Contract and prior to the initiation of any litigation, the Parties will voluntarily submit the dispute to the Travis County Dispute
        Resolution Center for mediation as though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures
        Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence, statement or declaration resulting from or
        in connection with such alternate dispute resolution procedure may be used in evidence in subsequent litigation except to demonstrate that
        this Article has been complied with in good faith by a Party. Contractor shall proceed diligently with performance of the Contract, pending
        final resolution of any request for relief, claim, appeal, or action arising under the Contract.
ARTICLE 19. MISCELLANEOUS
  (a)   Notices. All notices or other communications required under this Contract must be made in writing and sent by registered or certified United
        States mail, return receipt requested to the address below. Notice may additionally be sent by email or fax as indicated below. Parties may
        change their address by notifying the other party pursuant to this article. Notices will be deemed to have been validly given if
        (i) sent by & to the Parties noted below and (ii) delivered by one of the means, as noted above.
              LCRA:                                                       Contractor:
              Lower Colorado River Authority                              _________________________________
              LCRA Authorized Agent                                       _________________________________
              ___________________________                                 _________________________________
              P.O. Box 220                                                _________________________________
              Austin, TX 78767                                            _________________________________
              Fax No._____________________                                _________________________________
              E-Mail:_____________________                                _________________________________

  (b)   Computation of Times. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first
        and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by
        the law of the applicable jurisdiction, such day will be omitted from the computation.
  (c)   Cumulative Remedies. The duties and obligations imposed by these Terms and Conditions and the rights and remedies available
        hereunder to the Parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies
        available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by
        other provisions of the Contract Documents, and the provisions of this Article will be as effective as if repeated specifically in the Contract
        Documents in connection with each particular duty, obligation, right, and remedy to which they apply.
  (d)   Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance
        with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment,
        completion, and acceptance of the Work or termination or completion of the Contract.
  (e)   Assignment, Delegation & Subletting. Attempted assignment, delegation or subletting of this Contract or Contractor's obligations under
        the Contract without the written consent of LCRA shall be void; provided, however, LCRA may assign its rights and/or delegate its
        obligations under this Contract to any affiliate of LCRA. Subject to the foregoing, this Contract shall bind and inure to the benefit of the
        Parties and their successors and assigns. This provision does not prohibit Contractor from engaging the Subcontractors listed in the
        Proposal that have been approved by LCRA. Nothing contained in this Contract or in Contractor's subcontracts shall create a contractual
        relationship between LCRA and any Subcontractor, Supplier or worker.
        If Contractor assigns payment rights under this Contract, all claims for moneys due or to become due from LCRA shall be subject to
        deduction by LCRA for any set-off or counterclaim arising out of this or any other of LCRA's contracts with Contractor, whether the set-off or
        counterclaim arose before or after the assignment
  (f)   Construction of Terms, Choice of Law & Jurisdiction. Although the General Terms and Conditions have been drafted by LCRA,
        Contractor has had the opportunity to express exceptions and clarifications and to negotiate mutually agreeable contract terms. The Parties
        intend that the contract terms not be construed against either of the Parties on the grounds that the forms were drafted by one Party. This
        Contract shall be deemed a contract made in Texas for all purposes and shall be governed by and construed according to the laws of Texas
        without regard to its conflicts of laws doctrine. Any disputes arising out of this Contract that cannot be settled by alternative means shall be
        litigated before courts of competent jurisdiction in Texas. NOTHING HEREIN CONSTITUTES AN AGREEMENT TO RESOLVE ANY
        DISPUTE BY BINDING ARBITRATION.
  (g)   Entire Contract. The Contract Documents contain the entire Contract between the Parties and supersede all prior and contemporaneous
        agreements, written or oral, regarding the subject matter hereof. There are no representations, understandings or Contracts, oral or written,
        outside the Contract Documents. The Contract Documents shall not be modified or affected by any verbal Contract or conversation with any
        officer, agent or employee of LCRA, either before or after the execution of the Contract.
  (h)   Severability. If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of
        circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only effect such word, phrase, clause,
        sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the Parties in entering
        into the Contract; and all provisions of the Contract are declared to be severable for this purpose.

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  (i)   Independent Contractor. The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint
        venture. Contractor’s services shall be those of an independent contractor. Contractor agrees and understands that the Contract does not
        grant any rights or privileges established for employees of LCRA.
  (j)   Prohibition of Gratuities. LCRA may, by Written Notice to Contractor, terminate the Contract without liability if is determined by LCRA that
        gratuities were offered or given by Contractor or any agent or representative of Contractor to any officer or employee of LCRA with a view
        toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations
        with respect to the performing of such Contract. In the event the Contract is terminated by LCRA pursuant to this provision, LCRA shall be
        entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such
        gratuities.
  (k)   Prohibition Against Personal Interest in Contracts. No officer, employee, independent consultant, or elected official of LCRA who is
        involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest,
        direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of
        Contractor shall render the Contract voidable by LCRA.
  (l)   Services for Fayette Power Project and LCRA Affiliates. This subsection only applies if Work is to be performed at or for the Fayette
        Power Project (FPP). LCRA is the Owner’s Representative for FPP, portions of which LCRA owns with Austin Energy, the municipally
        owned utility of the City of Austin, Texas. With respect to any Work performed under this Contract at or for FPP, all indemnities under this
        Contract shall extend both to LCRA, its directors, officers and employees, and to Austin Energy and its council members, directors, officers
        and employees, as their respective interests may appear. In addition, the protections afforded by the additional insured requirement and
        waiver of subrogation shall extend both to LCRA, its directors, officers and employees, and to Austin Energy and its council members,
        directors, officers and employees, as their respective interests may appear.
  (m)   This subsection only applies if Work is to be performed in connection with an LCRA Affiliate. LCRA operates both electrical generation and
        transmission assets for LCRA Affiliates under service contracts between LCRA and those Affiliates. With respect to any Work performed
        under this Contract in connection with LCRA Affiliates, all indemnities under this Contract shall extend both to LCRA, its directors, officers
        and employees, and to the applicable Affiliate, its directors and officers. In addition, the protections afforded by the additional insured
        requirement and waiver of subrogation shall extend both to LCRA, its directors, officers and employees, and to the Affiliate, its directors and
        officers. As used herein, the term “Affiliate” includes Gentex Power Corporation, LCRA Transmission Services Corporation and any similar
        entity currently existing or hereafter created, membership on the governing body of which is controlled by LCRA.
  (n)   Approval. Contracts with the LCRA that exceed $2,000,000 (either initially or through a Change Order) must be approved by the LCRA
        Board of Directors before they become effective. Consulting contracts that exceed $50,000 (either initially or through a Change Order) must
        be approved by the LCRA Board of Directors before they become effective. Change Orders to contracts must be approved by the LCRA
        Board of Directors if they exceed $300,000 ($50,000 for consulting contracts), either separately or in the aggregate. Change Orders must
        be executed by an LCRA Authorized Agent.
        Contracts in excess of $14,999 or more involving the Fayette Power Project or the Smithville Railcar Facility must be reviewed and approved
        by the FPP Management Committee prior to becoming effective. Change Orders to contracts must be approved by the FPP Management
        Committee if they exceed $14,999, either separately or in the aggregate. Change orders must be executed by an LCRA Authorized Agent.
  (o)   Security at LCRA Job Site.
        Contractor shall provide a list of names of its and its Subcontractor’s employees to the LCRA Owner’s Representative prior to commencing
        Work at the following LCRA facilities: Fayette Power Project, Sim Gideon, Eastern Maintenance Facility, Dalchau Service Center, Tom Miller
        Dam, Wirtz Dam, Starke Dam, Western Maintenance Facility, Ferguson Power Plant, Inks Dam and Buchanan Dam. The employee will only
        be allowed on an LCRA job site, if the employee is able to show photo identification and their name is on the list. Any addition or deletion
        must be provided to the LCRA Owner’s Representative.
  (p)   Supplier Diversity.
        (1)   LCRA encourages the development of mutually beneficial business relationships with Minority-Owned, Women-Owned, Service
              Disabled Veteran-Owned and HUBZone (Diverse) Businesses and is committed to increasing their opportunities. If awarded this
              Contract, Contractor will carry out this policy in conformity with its subcontracting plan by making good faith efforts to provide
              opportunities for Diverse Businesses to participate in the performance of the Contract with LCRA as a subcontractor, supplier,
              professional, practitioner or consultant. All potential Contractors should read and understand the Lower Colorado River Authority’s
              Supplier Diversity Guidelines (http://www.lcra.org/library/media/public/docs/rfps/supdiv_guide.pdf).

        (2)   LCRA establishes targets for Contracts exceeding $100,000.

        (3)   For Contracts with an established Diverse Businesses target, LCRA has a preference that subcontractors’ contributions to the target
              be direct second-tier purchases, i.e., products and services that are in direct fullfilment of LCRA requirements. Supplier diversity
              reports for direct second-tier purchases are required monthly. When applicable and approved by an LCRA representative, indirect
              second-tier purchases may also be accepted, i.e., products and services that Contractor purchases from a Diverse Business, but
              which are not in direct support of LCRA-specific requirements. Supplier diversity reports for indirect second-tier purchases are
              required quarterly. These supplier diversity reports shall be considered Contract deliverables. Supplier diversity reports are
              due by the tenth (10th) business day of every quarter. Failure to submit the report in a timely fashion may be deemed a
              breach of the Contract and LCRA may exercise any appropriate remedies.



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ARTICLE 20. RIGHT TO AUDIT
LCRA shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or
pertaining to this contract or agreement (including any and all documents and other materials, in whatever form they may be kept, which support or
underlie those books and records), kept by or under the control of the Contractor, including, but not limited to those kept by the Contractor, its
employees, agents, assigns, successors and subcontractors. The Contractor shall maintain such books and records, together with such supporting
or underlying documents and materials, for the duration of this contract or agreement and for at least 2 years following the completion of this
contract or agreement including any and all renewals thereof. The books and records, together with the supporting or underlying documents and
materials shall be made available, upon request, to LCRA, through its employees, agents, representatives, contractors or other designees, during
normal business hours at the Contractor’s office or place of business. In the event that no such location is available, then the books and records,
together with the supporting or underlying documents and records, shall be made available for audit at a time and location which is convenient for
LCRA.


ARTICLE 21. ENVIRONMENTAL PURCHASING
LCRA recognizes the positive impact it can make on the environment by encouraging contractors to use products made of recycled materials as well
as products that are recyclable when they have served their intended use in all cases where it is economically feasible. Contractor agrees to comply
with all applicable regulations, including the Texas Health and Safety Code Section 361.426 for the business process by which environmentally
preferable products are procured.




                                                      [END OF TERMS AND CONDITIONS]




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                                                            CONSTRUCTION CONTRACT



                                                         PROPOSAL SECURITY
                                           (Offeror to fasten acceptable Proposal Security to this page)




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                                                       CONSTRUCTION CONTRACT



                                                     EXHIBIT A – PRICING


                                                                       Unit of
                                       Description                    Measure    Price Each




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                                 EXHIBIT B – SPECIFICATIONS & DRAWING LIST

   The following specifications are incorporated into this contract.


            Electronic              Stamped
            Document                  Date    Rev.                      Document Title




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                                                 CONSTRUCTION CONTRACT

                                 EXHIBIT C – PAYMENT MILESTONE SCHEDULE

               Please complete the milestone and payment schedule.


                                           Milestone                         Payment

                                                                         $

                                                                         $

                                                                         $

                                                                         $

                                                                         $

                                                                         $

                                                                         $

                                                                         $

                                                                         $




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                                               CONSTRUCTION CONTRACT




                                    EXHIBIT D – DOCUMENTATION SUBMITTAL
                                        REQUIREMENTS AND SCHEDULE




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                                                           CONSTRUCTION CONTRACT

                                       EXHIBIT E – CONTRACT DELIVERABLES


                               Contract Execution

                                   Insurance Certificate

                                   Bonding Documentation

                                   Supplier Diversity Target & Documentation

                                   Subcontracting Documentation

                                   List of Personnel



                               Quarterly Deliverables

                                   Supplier Diversity Subcontracting Report




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                                               CONSTRUCTION CONTRACT

                                           EXHIBIT F – CHANGE LOG

      Date                                                 Changes




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                                                  CONSTRUCTION CONTRACT

                                           EXHIBIT G –PAYMENT BOND

                                 STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253
                                          OF THE TEXAS GOVERNMENT CODE

                                                (Public Work - State of Texas)

  Bond Number:_______________________________

  KNOW ALL MEN BY THESE PRESENTS: that _______________________________________as Principal (the
  "Principal"), and _________________________________, a _________________________________ company, as
  surety (the "Surety"), are held and firmly bound unto the Lower Colorado River Authority, as oblige (the "Obligee"), in
  the amount of _________________________________________________Dollars ($ _____________ )                  for     the
  payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
  successors and assigns, jointly and severally, firmly by these presents.
  WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the                      day
  of_________          , 20___, to _________________________________________ (the "Contract") which contract is
  hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

  NOW THEREFORE, THE CONDITION OF THIS IS SUCH, that is the said Principal shall pay all claimants supplying
  labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract, then this
  obligation shall be void; otherwise to remain in full force and effect.

  PROVIDED FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
  alteration, Contract price adjustment, deduction or addition to the terms of the Contract, or to the work to be performed
  thereunder, or the plans and specifications accompanying the same, shall in anywise affect its obligation on this bond,
  and it does hereby waive notice of any such change, extension of time, alteration, Contract p rice adjustment,
  deduction or addition, to the terms of the Contract or to the work or to the plans and specifications. The penal sum of
  this of this bond increases or decreases with any increase or decrease in the Contract price.

  PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
  Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter
  to the same extent as if it were copied at length herein. Pursuant to Chapter 2253, any notice of claim should be sent
  to the Surety at the address referenced above.

  IN WITNESS WHERE, the said Principal and Surety have signed and sealed this instrument this ______day of
  __________     , 20_____.



  WITNESS/ATTEST: _____                                      Surety: ___________________________________

  _______________________________________                    By: ______________________________________(seal)

  (Principal)_______________________________                                     Attorney-in-Fact

  By: ____________________________________

  Name: _________________________________

  Title: __________________________________




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                                                   CONSTRUCTION CONTRACT

                                           EXHIBIT H – PERFORMANCE BOND

                              STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253
                                         OF THE TEXAS GOVERNMENT CODE

                                                (Public Work - State of Texas)

Bond Number: _______________________________

KNOW ALL MEN BY THESE PRESENTS: that _______________________________________as Principal (the
"Principal"), and _________________________________, a _________________________________ company, as
surety (the "Surety"), are held and firmly bound unto the Lower Colorado River Authority, as oblige (the "Obligee"), in
the amount of ______________________________________________Dollars ($ __________________ )                   for   the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators , executors, successors
and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of_________
, 20___, to _________________________________________ (the "Contract") which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS IS SUCH, that is the said Principal shall faithfully perform the wor k in
accordance with the Contract, plans, specifications, and contract documents, then this obligation shall be void; otherwise
to remain in full force and effect.

PROVIDED FURTHER, the Surety, for value received, hereby stipulates and agrees that this bon d will remain in full
force and effect throughout the Contract and the warranty period in the Contract and contract documents, as well as for
thirty (30) days after the warranty period expires.

PROVIDED FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, Contract price adjustment, deduction or addition to the terms of the Contract, or to the work to be performed
thereunder, or the plans and specifications accompanying the same, shall in anywis e affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alteration, Contract price adjustment, deduction
or addition, to the terms of the Contract or to the work or to the plans and specifications. The p enal sum of this bond
increases or decreases with any increase or decrease in the Contract price .

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter
to the same extent as if it were copied at length herein. Pursuant to Chapter 2253, any notice of claim should be sent to the
Surety at the address referenced above.

IN WITNESS WHERE, the said Principal and Surety have signed and sealed this instrument this ____ day of
______________________, 20___.



  WITNESS/ATTEST: _____                                        Surety: ___________________________________

  _______________________________________                      By: ______________________________________(seal)

  (Principal)_______________________________                                     Attorney-in-Fact

  By: ____________________________________

  Name: _________________________________

  Title: __________________________________




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