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Home My WebLink About2014-227ORDINANCE NO. 201-227 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A PRE -CAST CONCRETE SECURITY SCREENING FENCE AT THE CITY OF DENTON POCKRUS AND MCKINNEY SUBSTATIONS AND LINDA MCNATT ANIMAL CARE AND ADOPTION CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5563-AWARDED TO WALSH'S HAWK CONSTRUCTION CO., LLC IN THE NOT -TO -EXCEED AMOUNT OF $868,607). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 5563 Walsh's Hawk Construction Co., LLC $868,607 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5563 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of r, � , ; A- 2014. olk CHRIS WAYI I4", YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: WAVU_ ... APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: CONTRACTBY AND BE'TWf,,V1N CI` Y 0VDF.NT0N,TFXA,S AND WALSI I'SMAWK. CONSTRUCTION COMPANY, I,[,(' (R.FP556".3) T1 HS CONTRACT is made and entered into this 5 - th clay of A-U-gu-st - ----- 20 1-4-1, by and between Walsh's I lawk Construction (-'OrnpWly 11,C. a limited liability corporation, whose address is 5002 I IiLdiway 3380 Princeton TX 75407, hercinafter referred to as "Co n tractor," and the CITY OF DFNTON, TEXAS, a Texas Municipal Corporation and llonic-Rule City, hercinafter referred to as "City," to be affective upon approval of'the Denton City Council and the subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration ol'the covenants and agreements contained herein, and for the Mutual benefits to be obtained hereby, the parties agree as fiollows.- SCOPE' OF SFIRVICLIS Contractor shall provide construction services in accordance with the City's RF1 - 1/1 55 - 63 Pre(NIS1 ('011CIVIC SeCUrif c -cc i n D ............ . . --y/S i I i g—Fence Construction Services at Pockrus and McK' --- --------------- ----- ------ — ----- - - --- - -------------------- - . ..... . ..... . Siam I inda lllvlc"N.�it A�;m�d I. -as ,$ulP.,,-;1afl1on a -A �.d I I.—R, Cen a copy of which is oil rile at the office of . ..... ...... ... . - ------- - - -------- - !-- Purchasing Agent and incorporated herein for all purposes as "Bl-libit 13". The Contract consists ol"this written agreement and the following items which are attached hereto and incorporated herein by refirence: (a) Special Terms and Conditions (Exhibit "A"); (b) City oil' Denton Request for Proposal It 5563 (Exhibit "B") (c) City of Denton Standard Terms and Conditions (Exhibit "C"); (d) Payment and Performance Bonds (Exhibit "D"); (C) Insurance Requirements (Exhibit "E"); M Form CIQ - Conflict of Interest Questionnaire (Exhibit 'T"); (g) Contractor's Proposal, (Exhibit "G"); These documents make LIP the Contract documents and what is called for by one shall be as binding as if called for by all, In the event of' all inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to this written Contract, and then to the contract documents in the sequential order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." IN WITNFSS WI WRI"OF, the parties ol'these presents have executed this agreement in the year Lind day First above \vritten. R F P 1/ 5563 "CONTRACTOR" 4 AUTHORIZED SIGNATURE TYPED NAME: �� .r� �w y TITLE: �.." a�. �. ,,....� PHONE NUMBER '� b ea t:... ^ r ' ...... .._ E-MAII, ADDRESS ATTEST: CITY OF DENTON, TEXAS A 'I'cxas Municipal Corporation w W By. 7 GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY w m � s APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY RFP, 563 EXHIBIT A SPECIALTERMS AND CONDITIONS '11'otal Contract Amouint '11'he contact total for servdccs shall not exceed $868,607. Pricing shall be per Ul'xhdbft G attached. Contract Term The contract shall con,imence upon the dSSUancc ota Notice to Proceed.. Contractor shall begin work on site Within fOUrteciri (14) calendar days of receipt of Notice to Proceed. Project shall be complete within 45 calendar days after work commences on site., Delays are fiurthcr &cusscd in the StandardTerms and Conditions Fxhibk C, Section 8.3. Proposal Exceptions The City acknowledges avid accepts the CoDtractor"s exceptions as noted in Proposal J'Aceptions (Attactiment D) ofthe original proposal submitted. The exceptions have been included as Exhibit G attached., RIFI) 1/ 5563 EXHIBIT C crry OF DENTON GVENFRAL CONDITIONS FOR BUILDINCr CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS GENERAL DEFINITIONS 1.1T&e following definitions apply throughout these General Conditions and bmthe other Contract Documents: a) i, n i�, CON,rRACTDOCUMENTS The Contract Documents consist o[ the k>nna| Building Construction Services Agreement between the Owner and the Contractor, these General Conditions and other supplementary conditions included by special provisions or addenda, drawings, specifications, addenda issued prior to CXcoution u[ihe Contract, other documents listed in the Contract, and Amendments immucd after execution n{1hcConbaoL >/orpurpooeu u[ these General Conditions, an Amendment is: (|) u written 8unnmncnLu| /\groomon1 to the Contract signed by authorized representatives ofboth parties; CDuChange Order, including Change Orders signed only hvthe Owner as described in Su bparagraph 7.(/h)and Su bparagraph 7.|(c);or (3) a vv,Ukxl order lot, aminor change in the Work issued by the /\,ohi(eut Bmgincurua described in Paragraph 7.3. '['he Cnnimau1 Documents also include bid ducunnenio muoh as the {}vvocr^s Instructions to Bidders, aomp|c [hmus, the CoxkaoLo/y Bid Proposal and portions of addenda relating to any o[these doounucub, and any other documents, exhibits or attachments mpociDou||y ononmerobd in the Building Construction Services Agreement, but mpooiUcu||y exclude geotechnical and subSUrrace reports that the Owner may have provided to the Contractor. b) THE The Conti -act Documents, omdefined in Paragraph 1.1, are expressly incorporated into and nondcmpart of the [brmul BuiYdingConmbuc1ion Services Agreement between the Owner and the Contractor by nzk:,unuo in this Paragraph and Paragraph |.l (which dooumun(auro sometimes also referred to collectively in these General Conditions umthe "Contract"). The Cnn1ruo1 Documents represent the entire and integrated agreement between the 0vvnor and the Contractor and wuporyede all prior nugoAu1imnm" representations or a&vuunnontm, either written or oral. The terms and conditions of the Cnn1ruu( I}ooumunin may be changed only by all Amendment. The Contract Dooumenim shall not be construed to create a contractual relationship ofany kind- (1) between the Architect/H,ngineer and Contractor, (2) beivvoco the Owner and u 8ohconin/u\o,cxSub-uuhuon<rxciuc or (3)between any persons nrentities other than the Owner and Contractor, R[P#5563 The /\rohiLect/l,"nginoor shall, however, be entitled to performance and cwfnrcmnunL o[ obligations under the {,001ruu| Documents intended to [buihk\io perGnrmunoe o[ dhc c) 10XE WORK The term ^`Wodk, noomnm the construction and services required by the Contract Dooumncn1m, vvbo1hur 000np)oiod or partially completed, and includes all labor, materials, equipment, and acrvioom provided or to he provided by the Contractor, or any Subcontractors, Sub -subcontractors, material suppliers, orany other entity for whom the Conti -actor imresponsible, (o k||D|| the Con(rac(or"mobligations. The Work may constitute the whole nrupail n[the Project. d& 'I'll E PROJEC T The Project is the k)|a| cony1ruutinu more ourdou|ur/y described in the 131.1i1ding Construction Services Agreement, of' which the Work performed undor the Contract Documents may bothe whole orxpart o[LhoPr 'euLuodvvhichmayinuiuduunootmuudon by the Owner or by separate contractors. All references in these General Conditions to or concerning the Work or the site o[the Work Will ume the term "Project," notwithstanding that the Work may only beapart n[the Project. � THE DRAWINGS The Drawings (also known as the '^P|amo`) are the vron6io and pictorial portions of the Contract [)oounucmta, vvhoroYur located and whenever ixoued, abovviog dhm design, location and dimensions of' the Work" generally including plans, elevations, sections, details, schedUles, and diagrams, 0 THE SPECIFICATIONS The Specifications are that portion oF|boCun1naoi Documents consisting ofdbuwritten x requirements for muNeduim, equipment, oonmiructiom nysienmo, wtoodurdu` and vvo/'knoaumhip for the Work, pc,[brmunou of related services, and other technical m0 THE 111110JECTMANUAK The ProJect K4unuu| is the Vo|umc o, volumes vvhiob contain the bidding roquirunlmnts, mumpic forms, General Conditions [hr Building Conmkuo(inn, special provisions, and Spec iDcuii000.The Project Manual may be modified by vvhtiun addendumo iamued by the ()vvnerduring bidding` in which case the written udJenduma beumnc apad o[ihe 11'rojcct Mumuu| Upon their imauunoe, unless otherwise indicated bythe Owner in writing. h\ AurERNATE An Alternate is u ruxiobon in the Work on which the (}*uer roqoircm u price mopurmLc /ionn the City Building General Conditions Base Bid. |[un Alternate is accepted by the Owner, thov4riuiinnvvil|bccnmuupmto[IhoConirucithnoughthoozeouLiomu[uchungu order oramendment 10 the Contract and the Roso Bid will he adjusted to indudo (he umouni quoted. |fun ukernu(o is accepted by the Owner, and later deleted prior to any Work under the m|1o,naie being po«[hnncd or muioriu|u delivered to the Pr'eot site, the Owner will be entitled to u uncdi1 in (he [u|| value o[ the alternate as priced in the Contractor's Hid, i) BASE BlD The Base Bid is the price quoted for the Work before Alternates arc considered, j) HAZARDOUS SUBSTANCE The terin I lazardOUS Substance is defined to include the following- (1) any asbestos or any material which contains any hydrated mineral silicate, including chrysolite, arnosite, crocidolite, trennolite, anthophylite or actinolite, whether friable or non -friable-, (2) any polychlorinatcd biphenyls (1303s"), or PC13-containing materials, or fluids; (4) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or solid, liquid or gaseous waste; (5) any pollutant or contaminant (including but not limited to petroleum, petroleum hydrocarbons, petroleum products, crude oil or any fractions thereol' any oil or gas exploration or production waste, any natural gas, synthetic gas or any mixture thereof, lead, or other toxic metals) which in its condition, concentration or area or release Could have a significant effect on human health, the environment, or natural (6) any Substance that, whether by its nature or its use, is subject to regulation or requires environmental investigation, monitoring, or remediation Linder any federal, state, or local environmental laws, rules, or regulations; (7) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(1) (including those defined by Section 900 1 (1) of the 1984 1 lazardous and Solid Waste Amendments to the ReSOLH-CC Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Water Code Annotated Section 26.344; and Title 30 of the Texas Administrative Code Sections 334.3 and 334,4), whether empty, Filled or partially filled with any Substance; and (8) any other hazardous material, hazardous waste, hazardous substance, solid waste, and toxic Substance as those or similar terms are defined Linder any federal, state, or local environmental laws, rules,, or regulations. k) OTHER DEMNITIONS AS used in the Contract DOCUrnents, the following additional (erins have the following MBHUHM (I) "provide" means to furnish, install, I'abricate, deliver and erect, including all services, materials, appurtenances and other expenses to complete in place,, ready for operation or Use; (2) "shall" means the action orthe party to which reference is being rnade is rnandatory,- (3) "as required" rneans as prescribed in the Contract DOCLul1cnLs1- and (4) "m ` means all action essential or needed W complete the work in uocnrdunoo with the Contract l)ocummnta and uVp|iuub|e laws, ordinances, Construction codes, and regulations. 1.2 EXECUTION, CORRELATION AND INTENT bA Tho Building CnnatRIc(inn 8orvioox /\�reeneni shall be signed by duly uuihn,cd representatives o[ihuOwner and Contractor as provided in the /\gruenooL (b) F"xem ion of the Building Construction Services Agreement by [lie Contractor is u representation that the Contractor has visited dhe site, boconne fanni|iu, with kxzu| conditions, including but not limited to subsurface conditions, under vvbich the Work is to be pu,[brmed and correlated personal observations with requirements or the Contract |)oounuonte. (c)The intent n[the Contract DOCUmentsiotoinclude all items necessary for the proper execution and completion ofthe Work by the Contractor. The Conti -act Documents are complementary, and what is required by one shall be as binding as if' required by all; perkrmuncu by the Contractor xbui he required only k>tile extent consistent with thc Coobmu| Dnuomneoby and reasonably inferable 0nnn tbenn as being necessary to produce the intended results. (d) Organbationn[0e Specifications into divisions, sections, and articles, and arrangement oFDrawings shall not control 1he Contractor in dividing tile Work unoong Subcontractors or in establishing the extent orWork to be performed by any trade. (c)Un|ess otherwise stated in the Contract Documents, words which have well-known k:ohnimd o, conxkuodon industry nnomoingm are used in the Contract DmounmonLo in accordance With Such recognized meanings, (A The Drawings and Specifications are intended toagree with one another, and Work ca||mj kxhy Drawings and not mentioned in Specifications, orvice vusu, yhu|| be hmmniyhodam i[md [hrLh by both. SpeoiDoatiooxobu|] govern materials, methods and qua|ityo[vvork. In the event o[ o conflict on the Drawings between acu|c and dimension, figured diomcnyionw xhuU govern over scale dimensions and large scale dnuv/io&y shall govern over omo|| auu|c drawings. Conflict heivveun two or nmo,c dimensions applying to u common point mhn|| he vuh:rrod to the ArohiLuoL/Knginccn1E'ngineur [hr Unu| udiuxtnmcni. |[diac|'upunoicx or conflicts occur within or between the Drawings and Specifications regarding the Work, or within o, between other Contract Documents, the Contractor shall not porh)nn muoh VVm'k without having obtained u duriRoubun Urmn the /\,ohitcoNFngincor and resolution by the ()vvncr. The Owner's decision as to the opp,np,iu$: resolution o[aconflict ordiscrepancy ahu|! be final. Should the Drawings or HM�Iffi the Specifications disagree within themselves or with each other; the Base Bid will be based on the most expensive combination ol"qUality and quantity of'Work indicated. (g) Deviations firorn Contract Documents shall be made only after written approval is obtained from Architect/Frigincer and Owner, as provided in Article 7. (h) The intention of the Contract DoCUn1CntS is to il)CILide all materials, labor, tools, equipment, utilities, appliances, accessories, services, transportation, and supervision reqUircd to completely perform the fabrication, erection and execution ofthe Work in its linal position. (i) The most recently iSSUcd Drawing or Specification takes precedence over previous iSSLICS of the SaInC Drawing or Specification. In the event ol'a conflict, the order of precedence of interpretation of the Contract DOCUments is as l'ollows: (1) Amendments (see Paragraph 7.2 for order of'preeedenee between Amendments); (2) tile 13LI I ld i rig Construction Services Agreement; (3) addenda, with those addenda of later date having precedence over those of' an earlier date; (4) the SUpplernentary General Conditions and Special Provisions, ifany; (5) the General Conditions for Building Construction; (6) the Specifications and Drawings. 1.3 OWNERSIU11111 AND USE OF ARCURTECT/ENGINEER'S DRAWINGS, SPECIFICATIONS AND o,ruER DOCUMENT'S All Drawings, Specifications, and copies thereof furnished by the Arch itect/Ungincer are and shall remain the property of the Owner and are, with the exception of the Contract set for each party, to be returned to the Owner upon request at the completion of the Work. 1.4 CAPITALIZATION Terms capitalized in these General Conditions include those which are: (1) specifically defined in these General Conditions (except the terms defined in Subparagraph 1.10), which terms are of common grammatical Usage and are not normally capitalized)- 5 (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs, and Clauses" (3) the titles of other documents published or used by the Owner as manuals or official policy statements; or- (4) proper 110Uns or other words required Linder standard grammatical rUICS to be capitalized. ARTICLE 2T1 ; OWNER 2.1 DEFINITION OF OWNER The Owner is the City ol"Denton, aTcxas Municipal corporation, and is identified as Such in the Building Construction Services Agreement, and is referred to thl'01-iohMit the Contract 0 C, DOCUlnents as if singular in number, The term "Owner" means the Owner or the Owner's authorized representatives. 2.2 INFORMATION AND SERVICES REQUI RED OFTHE OWNER (a) The Owner shall furnish the most recent survey describing the physical characteri sties, legal limits, utility locations, and a permanent benchmark for the site of the Pro ' ject. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INI,'ORMATION IS FURNISHED TO THE' CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE 01" THIS MATERIAL AND I,'OR NO OTHER PURPOSI!?- 13Y 1,URNISIIING THIS MATERIAL, 'HU" OWNER DOES NOT RI-PRESFINT, WARRANT, OR GUARAN-IT"U" ITS ACCURACY HITIIHIR, IN W110IT", IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTIIHR WAY, AND TI-111 OWNI-"R SHALL HAVENO LIABILITY I,'ORTIlIS MATERIAL. (b) Except for permits and fees which are provided for in Subparagraph 3,7(a), the Owner shall secure and pay for necessary approvals, casements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. (c) Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Contractor to identify, establish, and maintain a Current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Contractor as scheduled and Contractor is not prepared to accept or act oil such information or services, then Contractor shall reimburse Owner for all extra costs incurred of` holding, storage, or retention, including redeliveries by the Owner to comply with the CUrrcrit schcdUIC. (d) Unless otherwise provided in the Contract Documents, the Contractor will be I'Lirnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. ( - 'ontractor may obtain additional copies by paying the cost of additional printing or reproduction. (c) The obligations described above are in addition to other duties and responsibilities ofthe Owner enumerated in the Contract DoCUrnents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article I I (Insurance and Bonds), (1) The Owner shall forward all instructions to the Contractor through the Architect/Engineer, except lor the Owner's Notice to Procced and the Owner's decision to carry Out Work as described in Paragraph 2.4. (g) The Owner's employees, agents, and consultants may be present at tile Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/1"rigincer's duties and to verify the Contractors record of the number of Rl,'P 1/ 5563 workmen employed oil the Work, their Occupational classification, the turic each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of'Contractor's Applications for Payment. 2.3 OWNER'S RIGHT 'TO STOP THE WORK Il'the Contractor falls to correct any portion oil'the Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or reffises or fails to carry Out all or any part of the Work in accordance with the Contract Documents, the Owner, by written order, may order the Contractor to stop the Work, or any portion of the Work, until the cause for the order has been eliminated. The right of the Owner however, to stop the Work shall not create or imply a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, The rights of the Owner under this Paragraph 2.3 shall be in addition to, and not in restriction of, the Owner's rights under Paragraph 12.2. 2® OWNER'S RIGHTTO CARRY UT THE WORK if the Contractor fails or refuses to carry out the Work or perform any of the terms, covenants, or obligations of the Contract Documents, and rails or refuses to correct any failure or refusal with diligence and promptness within fourteen (14) days after receipt of notice from the Owner, the Owner may correct the Contractor's failure or refusal or cause such failure or refusal to be corrected, without affecting, superseding, or waiving any other contractual, legal, or equitable remedies the Owner has, including but not limited to the Owner's termination rights under Article 13. In that case, an appropriate Change Order will be issued deducting the Owner's cost of correction, including Architcet/l,rigincer's Compensation for additional services and expenses made necessary by the failure or refusal of the Contractor from payments then or thereafter due to the Contractor. The cost of correction is Subject to verification (but not approval) by the Architect/Engincer. If payments then or thereafter due the Contractor are not sufficient to cover the cost of correction, the Conti -actor shall pay the difference to the Owner. 2® NOTICE TO PROCEED After final execution of the Contract and receipt and approval of the required performance and payment bonds and evidence of'required insurance, the Owner will issue a written notice to proceed with the Work, including the designated Contract Time within which Substantial Completion of the Work must be achieved. If the Owner unreasonably delays issuance of a written notice to proceed through no fault of the Contractor, the Contractor shall be entitled only to an equitable adjustment of the Contract Time, if properly claimed pursuant to the requirements of Paragraph 4.3; but the Contractor shall not be entitled to any increase to the Contract Surn whatsoever for this reason. ARTICLE 3 THE CONTRACT OR 3.1 DEFINITION OF CONTRACTOR The Contractor is the person or business entity identified as Such in the Building Construction Services Agreement, and is referred to throughout the Contract Documents as if singular in number, The term "Contractor" means the Contractor or the Contractor's authorized employees or representatives. fflmmm� 3.2 REVIEW OF' CONTIRACT DOCUMENTS AND NELD CONDFFIONS RV (a)The Contractor shall mmru|lycheek, study, and compare the Contract DOCUmen&with each other and shall at once report to /\ruhib:u1 Fnginco, in writing any inconsistency, ambiguity, error, omiasion, onnDic1, or discrepancy the Contractor may discover. The Contractor shall also verily all dimensions, field measurements, and Do|J conditions be[hru laying out the Work. The Contractor will be held responsible for any ouhacquont error, omission, conflict, ordiscrepancy which might have been avoided by the above - described check, study, comparison, and reporting. In the event the Contractor continues to work on an ibxnn vvbcro an inconsistency, onobiAoity, urnu/, ornimoion, conflict, or discrepancy exists without obtaining ouoh clarification o, resolution or cmnumcnoeo on i1cnx u[ the Work Without giving written notice of on error, omission, 000OiuL, or discrepancy that might have been avoided by the check, study, and comparison required above, it uhm|| be dccmod that the Contractor bid and intended to execute the more stringent, higher quality, or otmden[1ho art requirement, or accepted the condition as is in the Contract {}ouumcnLo.Without any increase 10the C'onb`uut SumorConiroc1'[inou.The Contractor shall also be nempmomih|o to correct any hsi|unx of component poNx to coordinate or Ui properly into final position as a roxu|i o[ Contractor's failure in give notice n[ and obtain u clarification or resolution of any error, ummimainn, conflict, or discrepancy, without any right in any increase to the Coni[uu1 Sum orCon1,uo{'l`innm. (b)The Conti -actor shall the Work |naccordance with the Contract Documents and submittals approved pursuant &» Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES kJ The Contractor mhu|| oupervioo and direct the Work, using the Contractor's best skill and attention. The C'mn1nao1o, mho|| be ao|oty responsible Kx and have control over construction means, methods, techniques, sequences, and procedures and flor coordinating all portions of the Work, unless the Cunixuci Dncunncnis mot [hdh specific instructions concerning these matters. (b) The Contractor shall be responsible to the Owner for the acts and omissions of' the Contractor's employees, Subcontractors, Sub-ouboonUoo1om, and their ncnpeuiivn agents and employees, and any other pommnu por[boning portions n[ the Work under u muboonbuct with the CVotruoLn/' or with any Subcontractor, and all other persons or entities [brvvhioh the Contractor is legally responsible. All labor shall hopm1hnnod by mechanics that are trained and sN||od in their o:upeu|ivo kudoo. Standards n[ work required ihr0ugb0u1shu|| hrn[aquality that will bring only first class results. Mechanics whose work is unxubml'ao1o[y, or who are considered oure|uyn, incompetent, unaki||ed, or otherwise objectionable aho|| be dismissed promptly firom the Work and immediately rup|uood with unmpu(uni, ykiHed personnel. Any part ofthe Work adversely affected by the acts o,nmiyoionmo[|noompotun1, unskilled, careless, m'nhicohonob|cpersonnel xbu|\ be immediately corrected by the Contractor. (c) The Contractor shall not be relieved o[ikyob|igu(ion 1oper6nnn the Work in accordance with the Contract Documents ciiher by activities or duties of the /\vuhitcut/F,nginctr in the 800hihoo1[ inccr`a administration n[ the (�>n&rxcL or by tests, inspections, or approvals required or performed by persons other than the Contractor. (j)The Contractor shall he responsible lot- inspection o[podionso[YVorkalready performed undor1his Cnoirao1 k»determine that xuuh portions are in proper condition LV receive subsequent Work. The Cuo1ocio/x responsibility undcc this paragraph will not in any way u|imiouiu the &ruhiiod/|!ngioec/a responsibility to tho Owner undur the Ai-eliltect/["iigiticei-/Ownes- Agreement, (c) Any Contractor, Subcontractor, Sub-xuboonbuuimr, or separate contractor who omnooun000 Work over, in, orunder any Surface prepared hvtile Owner ur6v any other contractor, subcontractor, sub-SUbcontractor or separate contractor without the Contractor having given written notice to the Arobiteot/Flnginter of the existence of' ally faulty murhxcu or condition in the am,hzco that prevents achieving the quality o{vvorkrounmhip specified by the Contract |}ooumonix and without having obtained the prior approval o|` the /\mohiteot/|'ugincorand the Owner (nproceed imdomnod to have accepted tile Surface or condition in the surface as oatiyhauio/Y uL the conmnncnocmonL o<,Such Work. Any unsndxfaoiory Work mubxequonUy resulting f1rmn such u k\u|1y surface urcondition in the uur6xucthat was not pre -approved by the /\,chiiuo1/8ngiricer or the Owner after notice as provided above may be rejected and replacement required, without any increase to the Conti -act 8u/m urConi,uui]`imu. (A All grades, Uoca |ovo|a, and benchmarks shall be cn1ub}ixbcd and maintained on all ongoing basis by the Contractor. The Contractor is xu|o[y nompuumih|o {braoy ennm made in establishing or maintaining proper grades, lines, |oYdm, or benchmarks. Each Contractor for his nv/n Work shall vuriFv all grades, |inoa` levels, and dimensions as indicated on Drawings. |io uhu]| report any e|'ozro, onniayions, conflicts, or inconsistencies to Arch iLeot/|fnginoer bok>rc commencing any Work affected by these conditions, Conti -actor shall establish and safeguard benchmarks in at |cum1 two widely separated places and, as Work progresses, establish benchmarks a(each !cvc| and lay out partitions on oxugh Onnr in exact |ouo1iuna umguides 10 all bmdco. The Contractor shall, horn ihe po,nnmnooi benchmark provided by the (lvvnmr, establish and maintain udcquo1u horizontal and vertical control. 3.4DABOR AND MATERIALS hA llxocpi as is uthonvixc opcciOou||y provided in the Contract |)ooumun1y as being the responsibility of' the ()vvncr, the Contractor ohu|| provide and pay for labor, materials, oguipnocnL ion|o, 000»tn/oiion equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary [br proper execution and completion o[ the Work, whether b:nnpozury or permanent and svho1hor or not incoqpnnub:do,toboincorporated inthe Work. (Nlh: Contractor shall oufomu strict discipline and uood order among the (ontmdm,n onop|oycco and other persons carrying out the Coniruot. The Contractor xhu|| not p*nni( employment o[uuU| persons orpersons not skilled in tasks assigned 10 then. (c) The Contractor shall give preference, when qualified labor is available to perform the. Work to which the employment relates, to all labor hired for the Project in the following order: (1) to bona fide residents of the City of Denton, 'Texas; (2) to bona fide residents of the County or Denton,'rexas; (3 )) to bona. fide residents of the State of Texas; (4) to bona fide residents of the United States, 3.5 WAIMAN'ry (a) General Warranty, The Contractor warrants to the Owner that all Work shall be accomplished in a good and workmanlike manner and that all materials and equipment flurnished under the Contract will be of good quality, new (unless otherwise specified), and free from faults or defects, and that the Work will otherwise conform to the Contract Documents. Work not conforming to these requirements, including Substitutions not properly approved and authorized, will be considered defective or nonconforming. The Contractor's warranty excludes any remedy for damage or defect caused by abuse, modifications not CXCCLItcd by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Arch itect/En gincer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The commencement date, duration, and other conditions related to the scope of this general warranty are established in Subparagraphs 9.9 (a) and 12,2(b) or these General Conditions, THE' GENEIRAT, WARRANTY PROVIDED IN THIS SUBPARAGRAPH IS IN ADDITION TO AND DOES NOT LIMIT OR DISCLAIM ANY OTHER WARRANTY OR REMF'1DY REQUIRED OR PROVIDED BY LAW M THE CONTRACT DOCUMENTS AND SUCH WARRANTY SIIALL REQUIRE' 'fill," CONTRACTOR TO REPLACE, DEFECTIVE MATERIALS AND RE -EXECUTE DI FFCTIVE WORK TIIAT IS DISCLOSED 13Y THE OWNER TO TIIE CONTRACTOR WITHIN A PERIOD OF ONE (1) YEAR AFTER SUBSTANTIAL COMPLEITION OFTHE ENTIRE WORK OR, IF LATENT DETTCT, WITHIN ONE (1) YEAR AFTER DISCOVERY 13Y THE OWNER OFTHE LATEX[' DEFECT, (b) Special Warranties. The Contractor shall assign to the Owner in writing, as a condition precedent to Final payment, the terms and conditions of all special warranties required Under the Contract Documents, 3.6'rAXF,S The Owner qualifies for exemption frorn state and local sales and use taxes, pursuant to the provisions of Section 151.309 of the Texas Tax Code, as amended. Therefore, the Owner shall not be liable for, or pay the Contractor's cost of, such sales and use taxes which would otherwise be payable in connection with the purchase oftangible personal property flurnished and incorporated into the real property being improved Under the Contract Documents or the purchase of materials, Supplies and other tangible personal property, other than machinery or - equipment and its accessories and repair and replacement parts, necessary and essential for RVP 11 5563 performance u[ the Contract which is to be comp|cho|v oomoummj at the Job site. The Contractor shal I issue all exem ption certi licate ill I iCU of' the tax on Such purchases. 3.7 PERMITS, FFFS AND NOTICES kA Tho /\ruhikxJ/lnginuer will apply and unan�c for (he issuance o[City �Ly n[Dnnion Building Permit. The Contractor and 8ubunniruoLoo will apply and arrange [b, the ixmuuncoo[a|| other required pcnniio, and will not be required 10pay a (bo [uruny City o[ Denton permits required lo, the Pr JeoL The Owner will pay all service cu\cnaimn charges, illClUdino lap flees, assessed by the Water Utilities Department. (h) The Contractor and| onmp|y with and give uoboua required by |xvvu ordinances, rules, regulations, and lum/[u| orders n[ govennnuuo1u| entities or agencies applying to kJ {lxccp1mx provided in Subparagraph (J) below, it is not the Contractor's responsibility to ascertain that the Contract UVcunnonb are in accordance with oyp!iumhio laws, ordinances, cnndruc1ion codes, and rules and regulations. |(ovvovor, if' the Contractor observes that portions n[dheContruut Documents are etvariance with applicable laws, ordinances, construction codes, rules or regulations, the Contractor shall promptly notify the /\rohiteuL/|�nginum' and the Owner in writing, and necessary changes ohu|| be accomplished byappropriate Amendment. (d)ffthe Contractor pertiorms Work knowing it to be contrary to laws ordinances, construction codes, or rules and regulations without notifying the /\ruh)beot/Ongincorand the Owner, the Cnn1xocLnr mhu|| usmumme h/(| ruapnnaihi\ib/ thrLho Work and mhu|\ bear the attributable oomb of the correction of the Work and any other Work in place that may be adversely affected hythe corrective work. 3.8 ALLOWANCES bA The Contractor shall include in the Cnnioau1 Suou all uUnvvunuca stated in the Contract Documents. l(onma covered by u||nvvaooem whoJ| be supplied for the amounts identified in the Contract and 6vpersons m,entities as the {)v/ne, may direct, but the Cootxuo1nr ahoJ| not be required to employ persona or entities against which the Coniruo1u/ nlukua reasonable objection. (b) Unless otherwise provided in the Contract Documents: (l) materials and equipment under all allowance shall be selected promptly by the Owner to avoid delay ill the Work; (2) the amount of each allowance shall cover the cost to the Contractor ol'i-naterials and equipment delivered at the site less all exempted taxes and applicable trade discounts-, (J)Uhe amount of each allowance includes handling at the site, labor, installatiocontemplated for stated allowance Work; n RF11#5563 / the Cuntruob,,`o costs for unloading and costs, overhead, prolit, and other expenses (4)nhennver costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The arnOUnt ofthe Change Order shall reflect: (i) the difference between actual costs and the aflowances under CIaLISC (b) (2); and (i)changes inContractor's Costs Under Clause (h)(]); (5) the Owner retains the right to review and approve Subcontractors oe1ucicd by the Contractor to perl"orm work activities covered by allowances. 3.9 SUPERINTENDENT The Contractor ohuU employ ucompetent superintendent and necessary uymixbu)im who shall boinattendance o1[he Project ai1edudngpodbonunuuo[ihoWo,k.'{`huoupurinb:ndcntoha|[ represent the Contractor, and communications given {othe superintendent shall be as binding umi[givonk)the Contractor. Important oomrnuniom1inooshall boconfirmed inwriting. Other oomnruuniom1iunu ohu|| he similarly confirmed on written request in each case. The [}vvnur romurvco the right \o request that the Contractor |Cp|ucc its u|porinicndcn1 at any time and the Contractor will replace said Superintendent uithe Owner's direction. 3.10 S CSCHEDULES (a) The Conti -actor shall, immediately after award of tile Cmdmd and before xubmitta| of the fiod Application For Payment, p,opun: and mubnii Who construction schedule for the &rohkoct/|lnginoor'o and ()vvnm/m information, review, and approval in 0000m}oncu with the 1`61 lowing provisions: (|) Unless otherwise approved in writing by the Ovvncc the construction oohodWo ohu| not exceed the Contract Time lirnits currently in effect tinder the Contract Documents and shall provide for expeditious and practicable execution of the Work. C8 1lxe construction schedule mbaU include all shop drawing and SUbmittal data requhemoots,indicating for each: (i} the latest date to be Submitted hvthe Contractor; and (d) the latest date for approval by the Architect/Flngineer. (3) The construction schedule shall be in the form of' a critical path managerne schedule, and shall indicate each critical task (tile "predecessor") of all the maj constrLiCtion activities of' the Work in a logical and sequential order (the "proje network") which requires completion prior to commencement of the task ne l'ollowing (tile "SUccessor"). F"ach task shall be identified with: I (i) actual work time, CXCILISiVC of'slack time, for accornplishment.- (it) the latest start date', iii /) the |uk�� finish date-, ' (iv) tile arnount offloat associated with each task-, nv�� (v)the mnouoio[labor, material, and equipment associated with each task; and (vi) the percentage ofcornpletion as ofthe date OfthC Current schedule. (4} The construction schedule ehuU be revised and Updated munih|y(n roQccithe actual status OFIJIC Work and shall be submitted with each Application for Payment. (5) On orboKxo the first day o[ouoh month, following the date n[commencement n[tho Work unstated inthe notice 10 proceed,the Contractor shall prepare and Submit iothe /\rcb/(ooL/En&incer and the Owner on up-to-date status report o[tho progress n[ the various construction phases of' the Work in the [hnn of an updated commin|ci|on adhodu|o. This n1u1uy report shall mnnxix| OF u dnoe ecu|o drawing indicating oo1uo| progress o[thevarious phases o[the Work and the percentage o[completion o[ihu entire Work. The original construction schedule ohu|\ he updated or Changed to indicate any adjumbnonia in the ContractTime granted by the Owner.The updated xobodu|o mustbe mubmi1&:d with the Conti -actor's /\pp|ioaiim) 0or Payment. No application will be certified without a satisfactory update to the construction schedule. K0'|hCConstruction schedule will also borevised 1nshow the effect o[change orders and nd`c, ovcnko on Contract T1ouo. No request fhr an ino,uuoo in Contract Time will be cmua)dcncd un|omm it is accompanied by uechcdo|e revision demonstrating the umnun1 o[bmc related to the cause ofthe request. |fthe Contractor's status schedules ,oOec1 that the Contractor has {a||un behind the pace required to complete the Work within the Cnniruo1 Time, through no ku|k of the {)vvnur, the Contractor shall prepare n recovery schedule demonstrating how it intends to bring its p,o&,uos back within the Contract Time. '|`him recovery schedule shall he in a[orm acceptable to the Owner. 0 Costs incurred by the Contractor in preparing and maintaining the required construction schedule, any updated schedule, and any recovery schedule required by the Owner will not be paid as an additional nrextra cost and mbu|| be included in the Cnn1ruo1 Som. (8)The Contract Sum iVdmerned to be based upon uconstruction schedule requiring [lie full Contract Time. NOCLAIM FOR AQh0UNAi00MPKNS&?lON SU/\|.|. 88ALLOWED /\3 /\ RE'6UC[UyTHE CONTRACTOR BASING HIS BD}{}M AN K/\8)J/COMPLETION SCKUI)0[FL OR AS /\ llB60[[M' DB,AYS AND COSTS &1`[R/BU]ABT.R TO C{}MM.|�[|(}N |./\'[RK '[U/\N THE P|.&NNFIQ EARLY C{)k4P|JI[l()N DATL A` The Contractor uhu|| also prepare and kccn current, k»r the &ruhikec1/Flnginu:r s approval, u schedule o[ submittals which is onundinuke| with the Contractor's construction wchodo!u and u||owu the /\rchiLcd/|<nginoe, ,euxonub|u time to review Submittals. (c)The Contractor shall mnlonnto the most recent schedules approved as to fiorm by the /\rohikct/|,"nginucr and the Owner. Any subsequent revisions ou\do by the Contractor k/schedules in cDCuLxhu|l conform iothe provisions o[Subparagraph IMM�� (d) If the Work fal Is behind the approved construction schedule, the Contractor shall take such steps as may be necessary to improve his progress, and the Architect/Flngincer and the Owner may require him to increase the number or shifts, overtime operations, days ol'work, or the amount of construction plant, and to submit for approval revised schedules in the form required above in order to demonstrate the manner in which the agreed rate of'progress will be regained, all without additional cost to the Owner. 3.11 DOCUMEN r I'S AND SAMPLES ATT"E PIZOJECT SITE The Contractor shall maintain at the Prc�lcct site for the Owner one record copy of the Drawings, Specifications, addenda, and Amendments in good order and marked currently to record changes and selections made during construction, and in addition shall maintain at the Pro�lcct site approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be available to the architect/Engineer and shall be delivered to the architect/1 ngincer for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCTDATA AND SAMPLES (a) Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. (b) Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (c) Samples are physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged. ()Sap Drawings, Product Data, Samples, and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which Submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents, Review by the Architect/Engmccr IS Subject to the limitations of Paragraph 4.2. (e) The Contractor shall review, approve and submit to the architect/Engineer Shop Drawings, Product Data, Samples, and similar Submittals required by the Contract Documents with reasonable promptness and in Such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals made by the Conti -actor which are not required by the Contract Documents may be returned without action. (f) The Contractor shall perform no portion of the Work requiring submittal and review or Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been approved by the Architect/Flngincer. Work requiring this Submittal and review shall be in accordance with approved submittals and any identified exceptions noted by the Architect/ ngineer. (g) By approving and Submitting Shop Drawings, Product Data, Samples and similar Submittals, the Contractor represents that the Contractor has determined and verified materials, field luCaSUrernents, and related field construction criteria, or will do so, and has checked and coordinated the information contained within submittals with the requirements of the Work and of the Contract Documents. The Contractor's attention is R1,11 115563 directed to Paragraph 32 n[1huuoGonmn| Conditions and the requirements stated in that Paragraph. (h)llho Contractor shall not be relieved o[ responsibility [or deviations, uuhs6iudmos, changes, uddihon� deletions or omissions 0nm rcquiromcniso[the Contract DxxYmom(x by the /\/uhileui Fngincur'u approval o[ Shop Drawings, Product Data, Samples, or similar submittals unless the Contractor has specifically informed the Architect/Frigineer in writing o[Such euhodi1uiim)a, changes, additions, deletions, olniamiomm, or deviations involved in the mubmiUa| at the time o[uubmittu8 and the Arch itec1/Fln(-,inour mubjooL to u hxnnu| Change Order signed by the Owner, &rohih:ct/|!nginoorand Contractor, has given written approval iothe specific substitutions, obaoguu, additions, deletions, oo;immiono, or deviations. The Contractor shall not be relieved of responsibility {hr errors or unnimmions in Shop Drawings, |,rnduo( |]a<x, Samples, o, oinmi|u, auhn)i1to|o by the &rohi|cot/F"ngincer'o approval thereof. |rudh*r, noivvi(hstand iog any approval o[ u submittal by the /\robi1oct/Fogioeer,the Contractor shall be responsible for all osaooiuLud Project oomis` including costs of coordination's, modifications, or impacts, direct or iudireoLrcau|1ingOmnnunyandu||subdkuiinmn,ohungeu,uddidnnm`dc|ciioos,nmimuionx, o, deviations, vvhuihur or not apeoiUuu||y identified by the Contractor to ihe /\ruhi1cd/F.ngincur at the time of' the above -mentioned ouhnni1tds, including additional Consulting fees, if any, in any and all accommodations associated with such uubuLi1uiionx, changes, additions, deletions, orn issions, or deviations to the requirements of the Contract Documents. (i) The Contractor shall direct specific attention, in writing or on resubmitted Shop |)ru9vimgo, Product Data, Samples, or simmi|a, submittals, to additional revisions other than those requested by the &rohitod/Bogiocoron previous submittals. |uthe absence n[much vvri1k:n notice, the /\rchih:ct/Ungiuoer`mmppn>vu| o[aresubmission mbu|| not apply tu the additional revisions not requested. U) lnCbnnu1ionu| oubnuittulo upon Which the /\vobi(oc1/F'nginoor is not expected to take responsive action may heooidentified inthe Contract Documents. (k) When professional certification of per[bmnunoo criteria o[ nmudoda|m, mymbonmo, or equipment is required by the Contract Doounuoob, the Avuhitoo1/Dogiuuor mhu|| be entitled to rely upon the uoouruoy and completeness of' such cm|uu|atiVum and 3L030SE OFTHEPROJECTSITE, The Contractor mhu| confine operations at the P 'oci site to o,cua pennkkx] by |ovv ordinances, ponniiw, and the Conti -act Documents and shall not unreasonably encumber the Project site with rnatcrials or equipment. 2L14C0TTDNG AND PA.Tcn0NG' (a) The Contractor shall be responsible fbroLI8in�� 1iingorpatching required to completethe Work or to make its parts fit together properly. (b)The Contractor shall not damage mendanger aportion of' the Work orany fully m pudiu||y completed construction Of the Owner or xupmaio contractors by ouWng, patching, or o1hcmviou altering the construction, or by excavating. The Contractor mhu|| not uu< or otherwise alter the construction by the Owner oruseparate contractor except with the *ri(ton consent o[Uho Owner and o[1ho separate contractor; oonumd ohu|| not be Unreasonably withheld. The Contractor shall not unreasonably withhold rrorn the KPT#5563 Owner orxseparate contractor (lie CmnUnc(ur"aconsent ioouKingorotherwise altering [lie Work. (c) A|lot Work Permit must be obtained firomthe City n[0onkm`aFacilities Management DcnurbnunL 869 S. YVoodnnv Lane, Denton, Texas (940 349-7200) [hrany temporary operation involving open flames orproducing heat and/or sparks. This includes, but is not limited to: Brazing, Cutting, Grinding, Soldering, Torch Applied Rooting and Welding. 3,15 CLEANING UP' bA The Contractor shall keep the Project site arid Surrounding area firoc from uooumu}u1ioo of waste mo1ehuia or rubbish caused by operations under the Contract. Upon the unnup/ciiou o[(ho Work the Conti -actor shall remove from and about tile Project site all vvuaA: ouubc,iulx, and rubbish, and all of the Contractor's tools, construction equipment, machinery, and surplus materials. (b)K&oContractor tails toclean Lip asprovided inthe Contract Documents, the Owner may clean Lip and the Owner's cost n[c|mningLIP shall be charged tothe Contractor. 3.16 ACCESSl[O WORK The Contractor shall provide the Owner arid the /\nchiteot/Foginocraccess iothe Work in Preparation and progress wherever located during tile course of construction, 3.A7TESTS AND INSPECTIONS kA Tests, ioyncdioux and approvals or portions of the Work required by the Contract Documents or by |uvvm mo]imanocx, rules, regulations, n,orders o[governmental cn61iva or ag000iom having jurisdiction over the Work shall be nnodc at appropriate droen. Un|oau nihcmvimu provided, the Contractor shall make arrangements for such tests, inspections, arid approvals with un independent testing laboratory orentity acceptable Lmthe Owner or with the oppnupdubu governmental entity or agency, and the Contractor shall bear all related unyta of iomtu, inspections, arid approvals. The Com{ruuinr ahu|| give the /\rohi/uc1/|Iogincurtimely notice o[v/huo and vvhoru tests and inspections are to be made so the /\rdhi|eui/|lm&incecmay observe such procedures. The Owner ohu|| bear costs o[ icxia, iumpeuLinoo, orapprovals which become ,nquirmnouLo uDor bids orproposals are (b) l[the &ruhitcut/|b)&incur the Owner nrother Public authorities having jurisdiction over the Work du(cnninc that portions of the Work require additional testing, inspection or approval not included under Sohpuxognxph 3.17(u)" the /\nubihoc</|higinoor vvi||, upon written authorization Urom the Dvvnm', inmLn/oi the Contractor to make unuugumunim |b, Such additional testing, inspection or approval by an entity acceptable iothe Owner, and the Contractor shall give timely notice to the Avohihcct/F.ngiucoro[p/hcn and vvhonc 1ca|n arid inspections are to be made yn that ihc /\rchibeo{|,"nginoer may observe such procedures. The Owner mhu|| bear such costs except amprovided inSubparagraph 3.|7(u). (c)|[procedures kxtesting, inspection, orapproval Under SUbparagraphs3.l7(a) arid ). 17(b) reveal deliciencies or noncontlonnitics in the Work, the Conti -actor shall bear all costs made necessary to correct the deficien6cs or nonconflormides, including those of repeated procedures and cornpensaflon Ior the Architect/lkngineer's services and expenses, if any. The Contractor shall bear the costs of' any SUbseqUent testing, inspection, or approval ofthe corrected Work. (d) Required certificates oftesting, inspection or approval shall, wfless otherwise required by the Contract DOCUnients, be SCCUI-ed by the Contractor and promptly delivered to the Architect/l,"n&cer. (c) If the Arch i tect/U'Ingincer is to observe tests, inspections or approvals required by the Contract Documents, the Architect&'ngineer will do so promptly and, where practicable, at the normal place of testing or inspection. (1) r1jeStS 01° inspections condUcted pursuant to the Contract Documents shall be made promptly to avoid Unreasonable delay in the Work. 3.18 ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees, CONTRACTOR S1 IALIL COMI-11111, 1,11,111Y DEFEN 11), INDIHMNIFY AND I IOLD OWNFR AND AIIZCIII'1'11a,C'11'/lf'INGINII,"11,'R I11ARMLE'SS FROM ANY Ai®D ALL SUITS OR CLAIMS FOR INFRINGIFIVIL,"N rl, 01 �' PATE'NT IRIGI I'll'S, RUnARIDLESS OF W11 IETUI F"R OR NOT THU" OWNER OR TlllARC 11 IITE(,T/ENGINF1l,,11Z SPECHAUD A PARTICULAR DF'SIGN, PROCESS OR 1PR0j[)j1CrI IN THE' CONTRACT DOCUMENTS THAT MAY BE Tl IL' SUBJE-'CT OF A PATEXI' INFRINGEMVINT OR OTI IERWISE AC TIVFLY INDUCF,J) OR CONTRIBUTFI)TO THEI INFRINGII_ MFIN'11'. In the event the Contractor has reason to believe that a particular design, process or product specified infiringes a patent, the Contractor shall immediately notify the Owner and the Arch itect/En&cer of same. 3.19 INDEMNI[FICA'110N 11,,S (a) '111 IF" CONTAUFAGRE ROR DEIIHNI), INDHMNIFY AND 1101,D THIL,' OWNER, H'S 0 FFI C E' RS, ACC N'l AND F ,MPLOY11FE'S, AND Tl I U' HARMLEISS AGAIN Sr I' ANY AND ALL CLAIMS, LAWSUITS, JUDGMFNTS1, I INE'S, PIFNALTIES, COSTS AND L,1'XPF,NSF,'S FOR FIF."RSONAL INJURY (INCLUIANG DU'IATIJ), PROPERTY DAMAGU" OR OTHIFT HARM OR VIOLA'FI0NS FOR WHICH RF'COVHRY OF DAMAGFIS, FINIS, OR PHNAL'IFIFIS IS SOUGH'11', SUFFERED 13Y ANY PERSON OR PERSONS, '111IA'11' MAY ARISF, OUT OF OR BF, OCCASIONFID BY CONTRACTOR'S I13RFACH OF ANY OF Tl IF, TURMS OR PROVISIONS 01, TI I IS CON11'RAC711', VIOLATIONS 01F LAW, OR 13Y ANY NFGLIGENT, GROSSLY NEXAJIGFINT, INTIFNTIONAL, OR Srj,j[ZlC,I,j,y 01., rj,� 1�', LIABIJ,'ACTOR OMISSION I CONTRACTOR, ITS OFI ICERS, AGIHN'll'S, 1,MPLOYET'S, SUBCONTRACTORS, OR SUB -SUBCONTRACTORS AND '11111--"IR RIF'SP1117FIVIB OFFICERS, AGEINTS, OR REPIRESI,"NTATIVES, OR ANY OTHFIR PERSONS OR F'NTITIFS FOR WHICH THIF, CONTRACTOR IS LFGALILY RE'SPONSIBILF IN THE, I'll �'R FOR M A NCF (A THIS CON'FRACT-1 FXCEPT'I'l [A INJI)IF"MNITY PROVIDIA) FOR INTHIS PARA.GuRAP'll SHALL NOTAPT-TY '11'0 ANY LIABILITY R,FSULTING FROM THE SOLF. NFGLIGHINCU OR FAULT OF T1111' OWNER, ITS OFFICERS, AGENTS, FMPLOYFIFS OR SEPARATE, CONTRACTORS, OR OFTI IFARCI IlTFCT/I1N(;INF'F.R, AND INTI IF EVENT` OF JOINT AND CONCURRENT NF1GIJGFNC1; OR FAULT OF TllF CONTRACTOR, THE OWNFR,, AND THF. RFSPONSIBILITY AND INDEMNITY, IF ANY, SHALL 131." APPORTIONI�13 IN ACCORDANCE WITH TlIF1 LAW Of,' TJIH STATE, OF TFIXAS, WITHOUT, IIOWHVFR, WAIVING ANY GOVFRNMFNTAl, IMMUNITY AVAILABLI, TO TI-111, OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY D11,ITNSFS OF Till," PARTIHS UNDER TFXAS LAW. THF, PROVISIONS OF THIS PARAGRAPH ARE SOLEILY PARTIES 11FIREITO AND ARE NOT INTFNDEDTO CRUATE, OR GRANT ANY RIGHTS, CONTRACTUAL OR OTI lE'RWISF,TO ANY OTHFIR PERSON OR ENTITY, (b) In clairris against any person or entity indemnified under this Paragraph 3.19 by an employee ol'the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation Linder this paragraph 3.19 shall not be limited by a limitation on amount or type ol"darnages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers compensation acts, disability benefit acts or other employee benefit acts. (c) Indemnification Linder this Paragraph 3.19 shall include, but is not limited to, liability which could result to or be created for the Owner, its officers, agents, or employees, or the Architect/Engineer pursuant to State or Federal laws or regulations relating to pollution of the environment and State or Federal laws or regulations relating to the Occupational salbty and health of workers. The Conti -actor specifically agrees to cornply with the above -mentioned laws and regulations in the performance ol'the Work by the Contractor and that the obligations of the Owner, its officers, agents, and employees, and the Architect/Engineer under the above -mentioned laws and regulations are secondary to those of the Contractor. AIRTICLE 4 CONTIZACTADMINISTRATI[ON 41ATHE DESIGN PROFESSIONAL (ARCHITECT/ENCITNEEIR) (a) The design professional is the person lawfully licensed to practice architecture or engineering or a firing or other business entity lawfully practicing architecture/engineering identified as such in the formal Building Construction Services Agreement and is referred to throughout the Contract DOCUrnents as if singular in number. r Me term "Architect/Frigincer" rneans the Architect/Flngincer or the Architect/Engineer's authorized representative, The Owner may, at its option, designate a qualified Owner representative to serve as the Architect/U.'rigineer on the Project instead of'an outside firin or person, In such event, the references in these General Conditions that refer to the Architect/Engincer shall apply to the Owner -designated Architect/Engineer representative and the Owner -designated Architect/Engineer representative shall be accorded that sarric status by the Contractor. (b) In the event the Architect/Engineer is an Outside person or firm and the Architect/l,"rigineer's employment is terminated, the Owner may, at its option, contract with unew outside /\rchitecU1FngineorLarcp|aooUne[bnner,nrmuydosgnuteaquulif`iud (}vvncr representative to serve as iho /\robibeo1 |{ngiuoor. The rup|uccmomi /\nuhkcot/|{m�incc,, vvhuLh�ruu [)v/uorroprcxcn&8ivu, an in�cpond�nL/\roh�\��|�n�inuur orany other quu|ifiud person or entity, ohu|} be regarded as the /\»ohiioc1/Flngincer for all puqonauo uoder the Contract [)ooumcn(x and ahu|| be accorded that mumu o(utua by the Contractor. Any dispute in connection with such appointment ohu|| be reviewed and xe1Uud bythe Owner, whose decision ahu<| be 5nm| and bindin�. kJ [)vvnor rcmcrvum the hoh1 to appoint u roproaoniuih*e empowered to uoi for the {)wncx during the Construction Phase and to muno,acde the Arch ilect/Fn8inuur`x ConsbnuLkon Phase responsibility. Similarly, 0nun time koiiune tile Owner may expand orncduuc the ()vvner`o delegation o[povvcrx to the /\,uhik;ot/Fnginou,, with the ()vvoer notifying the Contractor of" any such changes, The /\oohi1out/Cngincordhu|| not be construed as u1hind party bencriciuryto the Cmn1roo1 and can in no vvoy object to any expansion or reduction of powers as mo1 forth in this Subparagraph (o). In no event, however, mhu|| the (]vvoer have oom1no| over charge o[ or be responsible (or, construction muonm` methods, techniques, xcquunouu, or procedures, or for safety precautions orprograms in connection with the Work since these are yn|oly the Contractor's responsibility. The Owner will not be responsible ;hr the Conbaoinr`m failure to carry out the Work in accordance with the Contract {)nou/nonb. The Owner will not have conbnl over orcharge n[und will not be responsible for uotu or omissions of Contractor, Subcontractors, o, their ogeuLe or employees, orn[any other persons performing pordonmn[Lhc Work. 4.2 ARC 0|ITECT/8%NGH IINEER°S RESPONSIBILITIES D0IZING CONSTRUCTION (a) The Architcct/ingimecr will administer the Conti -act as described in the Contract Documents and in accordance with the tonny of the /\rohibeo1/F.ogincc/o agreement with the Owner, where applicable, au6ieoi to the direction and approval of ihe L)vvncr. /[ requested bythe Contractor, the provisions of" the Ovvnu//\nchiieoi/Engioucr Agreement will homudoavailable tothe Contractor, (h) The &rohitoci Fxgincor ahuU provide, during perhnmmunuu of' the Work, adequate and competent periodic on -site umnabmo1inn observation, periodically visiting the Pruiooi site to the extent necessary iopersonally familiarize themselves with the progress and quality ofthe Work, and to determine it'die Work is proceeding in accordance with the Contract Documents. The /\xubiicoL/Foginunrshall not, however, borequired to make continuous on -site inspections 10check tile Work. Field roportoo|-uaoh visit shall be prepared by (lie /\,chitcd/Flngincuraod submi&od to the Owner. The Arch iioot/FlnOinecrshall employ all reasonable measures to safeguard the Owner against detects and n0000nh6rmi1iuo in the Work. The /\rchited/Elnginour nhoU not be responsible for the construction mouno` methods, techniques, xeqoououm of procedures, nor for the su[c\y precautions and pmngruouo employed in connection with ihe Work. The &ruhiLod/Flngincorvvi||, however, immediately in[bron the [)vvoer whenever defects or noncon(onniiics in 1ho Work are observed, or when any observed actions or ornissions are Undertaken by the Contractor or any Subcontractor which are not in the boai interests oil' tile Owner orthe Pro'uo1. (o) The /\ruhkeot/|bnginuo,and Uho Owner will not have oonbn| over or charge ofmnd will not be responsible for construction means, inethods, techniques, seqUences, or Ri/P05563 procedures, or [or safety precautions and programs in oonnoo1knn with d/e Wod«, since dhcau are solely the Contractor's responsibility as provided in Paragraph 4.3. The /\nchitec{/|"Inginoor and the [)vvmor will not be rcxpmnyih)o for the ConLruuio,`a |bi|u,c to carry out the Work in accordance with the Contract {)ooumoo1m. The /\,uhiLcot/Knginumr and the Owner will not have unn(rn| over or ohoq|o o[und will not he responsible kxuciu o,onniouiono of' the Cnniracioc Subcontractors, Sub-aubountructoro, or their respective agents oremployees, nro[unYother persons per[hrmiugportimna o[iho Work [hrv/hiuh the Contractor is responsible. (d) Except asotherwise provided inthe Contract Documents orwhen direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the 8,»hiLoct/1,ngincor. Connmuninu(inmx by and with the /\rohiAuo{ Bngincor`n consultants mbn|| he through the /\rchiLcot/|lnginuer. Communications by and with Subcontractors and onutedu} Suppliers shall be through the Contractor. Communications by and with separate contractors will be through [lie Owner. The Contractor shall provide vvri1b:o confirmation n[oorumunico1iunx rnudc directly with the Owner and provide Copies nFmuohuooUnnu1imnh/the /\nohi1eoi/|lngincm`. (e)Daued on the &mhitect/Engincer'm observations and evaluations of the Contractor's Applications for Payment, the Architect/Engineer will review and certify tile amountsdue the Contractor and will issue Certificates for Payment in such arnounts. /D The Architect/Frigincer and the {)vvnor will each have authority to reject Work which does not conform to the Contract Documents. Whenever the Aroh ueermonmiduro it n000moury or udvixmh|c lOr implementation o[Hho intent o[Uho Contract Documents, the /\rohiiuuiDnginour will have authority to require additional inspection or testing o[iho Work in accordance with Subparagraphs 3.|7(h)and 3.|7(o),whether mr not such VVn,k is /abdou1ud, indu||ud or nmnp|ehcd. |lovvovc,, neither this authority o[ the /\ruhi0oc1/Engincm'nor udecision rnodc in good [1ii1h either to exercise ornot Lnexercise auoh authority shall give rise ioany duty orresponsibility o[ihe/\rohitcoUBngincortothe ConbuoLn,, Subcontractors, material and equipment Suppliers, their agents oremployees, n,other persons performing portions n[the Work. k6 The /\rdhiteo1 Fnginec,vviU review and uppnn/u Or take other appropriate action upon the Contractor's yubmiUulm such as Shop Drawings, Product Dak/, and Samples, but only for the |innkod purpose o[ohcuking [hroun[hunanoe with in[brmoiion given and the design concept expressed in the Contract <)uounoun1a. The /\rohi\eot/Hngiocor`aaction will be taken with such voaamnah|o promptness as to not delay [lie Work o, the activities nftile Owner, Contractor, orseparate contractors. Review Of' Such xubmittu|m is not conducted for the purpose ofdo(u,miningthe accuracy and completeness o[other details xuch as dimensions and quantities, or [or ouhmioniiuhng iodmoiimum [hr installation or pe,[oouunou n[ equipment or systems, all o[ which romain ihc roapmmoihi|i(y o[ 1hu Contractor as required by the Contract {}uconuonLm. The /\rohi{cct/Flnginuor`m review o[ the Cnniruoin,`u Submittals mhm|| not relieve the Cm/buoYnr o[ any uh|iguLiona undor Parn�raphy 3.3, 3.5, and 3.12. The/\,ohi1ec�|'ngimucr^y review shall not ConmLik/iu oppnnvn| ofsukty precautions or, unless otherwise apooiOcu||y niu1cd in writing by the /\nchiied/FnDincer, of any construction nneuna, methods, techniques, sequences, o, �FP#5563 procedures. The Archilect/Frigincer`uapproval o[uxpecifioitem shall not indicate approval ofan assembly ofwhich the item is a component. (h) The /\ruhitect/Fngin:ervviU prepare Change ()rdon and may uuUhnrizo minor changes in the Work as provided in Paragraph 7.3). (U The /\rohitect/Fnginccr will conduct inspections to determine the date or dates of Substantial Completion and the duLc of' final completion, will receive and floxwurd to the Owner for the Owner's review and ,uunnjx vv,kien mmrrnniicw and ro|u1od documents required by the Contract and uamcnoh|od by the Contractor, arid will issue u Anu| CediUouhu k>r Puymcnt upon compliance with the ,uquivumcotx of the Contract Documents. 6\ If the Owner arid k,ohiteui/E'ngimuor agree, the /\rchitect/Kngbn:ur will provide one or more Project representatives to assist in carrying nui the Archi{cot/[�'ginom'`x roxpnnmibiHties at the site.The duties, responsibilities, and limitations m[mu1hori1yo[yuch Project ropron:nhuhvos ohu|| he as set Ibdh in an exhibit in be incorporated into the Cnn{ociDnuumonLu. (k)1ho Anhitect/Flnginmer will interpret and make recommendations to the Owner concerning performance Under and requirements o[the Cnn{naot[NuoummcniaUpon written n:guua1 of either the ()vvncx or Contractor. The /\pohitect/Dnginoer`a nooponmo to auob requests will be made with rouanouh|o pnnnmpLoumm arid within any time |imib agreed upon. The Arch iicd/Kngincer shall soCurc the [)vvner"o written approval before issuing instructions, ioiorprc1uLinnm, or judgments to the Contractor which change the scope o[ the Work or which modify nrchange the terms and conditions ofanyn[the Contract Documents. U\ Interpretations and decisions o[Ubo /\rcbikeot/bngincor will be consistent with the intent o[und rcunoo4h|y inferable hnno the Contract Documents and will be in writing or in the form or l)xuvvingm. When making such interpretations and dcoioinou, the Architect/Flngineer will endeavor to secure f�ithfiul performance by the Contractor. (m)'[hu/\rchiicut/Kng)ncer"s decisions on matters relating Loaesthetic effect will be final ([ consistent with the intent uxp,00ucd in the Contract Documents provided that 1be /\,uhitco1 Elnginoorhaophorvvdttonuppnnva| o[ibe()vvnur. 4.3 CLAIMS AND DISPUTES hA Definition; General Notice a[Omim Procedure. AS used inthese General Condi(ions,u "C/uim,means adernundnrassertion byone of" the parties to the Contract seeking an uJjuo{noerUm[ihe terms o[1boContract Documents, o[(huContract SUM, n[[huContract '[imc° or some oLbo, relief' in nmpoot to the torn`a of the Contract Documents. The term also includes all other disputes beivvoev the {)vvncr and the Contractor arising out of or relating to the ProJect or the Contract Uouumcnie, ino|uding but not limited to claims that work was outside the scope o[ihoContract Documents. The responsibility in aubmbuniiuto ihoC|uimundthcbunjono[donnonxioding000np|iancuvviihthimpnovbionahu||rcdYvidh the party making the Claim. Fxuopi vvhoro otherwise provided in the Cnniroui |}oCumon1x, uC|aioo bythe Contractor, vvho(h:r |loruddibonu| compensation, additional M�� hnnu, o/ other ro|ic[ including but not limited to o|oimm miming horn concealed conditions, MUST BE M/\D|< 13Y VVR[|T|gN NLY|lC[ TO '|`|UF &KC|\Ul��[/,"N(i|N|U,"R AND 1lU! [)VVN|{R YY[[||DN |OQR]'|U�N (14) DAYS /\|'D!N ()(CUR0INCE, OF 'HlF [V|�N'[ OR |!\/|<N[|`8 GIVING K\0F, TO '[|DE' PA;[[|CQ|./\R CLAIM. Pvcry Claim o[ the Contractor, whether kx additional compensation, additional time, orother odic[ induding but not limited bou|uinnsarising hnnn u000co|od conditions, shall be signed and sworn to by an authorized corporate o[riuor 6[ not a corporation, tbuu an official of the company mx|ihorbrd to bind the Contractor by his signature) of the Contractor, vo,i[ ing the truth and accuracy of the Claim. l]||," CON '[R/\C'[{)K S||/\[(. BF D|Ii"MFID TO i|&\/E VV/\|\/ED ANY Cl^\|M NOT M/\[@H' S'[D{C'[/.\' IN &CC()KD/\NC|3 W|'||| 1`\|R PR()C|O)DRF AND TIME, LIMITS SF.TOUT IN THIS PARAGRAPI I. (h) Rofenal to the /\nuhiteot/E,ngineoc Claims, disputes, and other muUuru in question between the Contractor and the ()vvuor relating 1ntile pu/gnmo nr execution n[1he Work or the interpretation o[ the Contract Dnoumenty mbo|| be roKoned to the A,chitoot/|Ingincur (br recommendation to the Owner, which recommendation the /\,chi|oct/Flo&iuuorvvi|| hm,niah in writing within ureasonable iim*, provided proper and adequate ouha(uu1iu1ion has been received. Foi|u,o o[ibu Contractor to aubnnii the C|4ion to the /\,ohiieob/|Ingiucor for rendering of n recommendation to the [)vvncr shall constitute uwaiver ofthe Claim. (c)Continuing Contract Performance. Pending final resolution ofaclaim the Contractor shall proceed diligently with yor[hrmunoeo[1bo Work and the Owner shall continue to make payments in accordance with the Contract Documents, AdlQuinoa lorConcea|od or Unknown Conditions. No nJiuobnoui in the Conti -act Suru or '[imoassociated with conmru|cJ or unknown conditions will normally be considered or u||o\vcd; provided, however, that iho Contract Suno o, '[inuo may he odiuoLod by Uho Owner inSuch ciroucnstances only i[ (|)uconcealed mubaurh/ccoondition is encountered in the Course o[performance o[the Work; (2)u concealed or unknown condition in an existing atruoknc is at variance with conditions indicated bvthe Contract Documents; or (3) an unknown physical condition is encountered below the surface o[ihe ground or in all existing Structure which iao[ao unusual nature and materially diUbrcntfrom those ordinarily encountered and gcno,u||y recognized as inherent in the character o{,the VYu,k^, and (4)u notice o[duino with proper and ndoquu10 euboLaniio\ion is pvoocn<cd pursuant to Subparagraph 4.3(m)o[thomoGeneral Conditions; and (5) the Owner and ibo /\rohitouKFngincerdetermine that: (i) prior to submitting its bid for the Work, the Contractor used reasonable diligence to Fully inspect the portion ol"the Proliect site where the condition was discovered; and (ii)the work caused orrequired by the concealed nrUnknown condition atissue can be considered extra work to the extent that additional new Drawings Must be prepared and issued and new construction beyond the scope of the Contract Documents is required. (e) Disclaimer of Warranties as to Reports, Drawings, and Specifications. PROJECT Sir I , I , 1, INFORMATION AND RITORTS (INCLUDING BUT NOT LIMITHID TO SOILS TFSTING Rl,"PORTS, GHOTFICHN [CAI, RETORTS. OR l,1'NVIRONMF1'NTAI, SITF, A S S FS S M FNTS) PROVIDI-1) 13Y THE, OWN F' R AN 1) 1,1111, IN THF, PROJFCT MANUAL OR 13Y OTHFIR MEANS SHALL BE' UTILIZFID 13Y 'fill," CONTRACTOR AT THF, CONTRACTOR'S OWN T RISK .1 OWNER AND THE ARCI-Il'i'll(I'['/I,N(.PlNia,,R DO NOT GUARANTF OR WARRANT ANY INFORMATION SHOWN IN TIIF PROJECT SITT' INFORMATION AND REPORTS. (f) Claims for Additional Cost, If the Contractor wishes to make a claim 11or an increase in the Conti -act Sum, written notice as provided in this Paragraph 4.3 shall be given before proceeding to execute the Work, prior notice is not required for claims relating to an emergency endangering life or property arising Linder Paragraph 10.3. In addition, the Contractor's request for an increase in the Contract SUM for any reason (other than work performed under emergency conditions) shall be made far enough in advance of` required work to allow the Owner and the Architect/lngincer a sufficient amount of time, without adversely affiecting the Construction schedule, to review the request, prepare and distribute such additional documents as may be necessary to obtain suitable estimates or proposals and to negotiate, execute and distribute a Change Order for the required work if the Contractor believes that additional cost is involved for reasons including but not limited to: (I) a written interpretation frorn the Architect/Engineer; (2) a written order for a minor change in the Work issued by the Arch itcei/Engi neer; (3 )) failure ofpayrnent by the Owner; (4) termination of the Contract by the Owner; (5) the Owner's temporary suspension of all or any portion of the Work where the Contractor was not at fault,' Or (6) other reasonable grounds, (g) Injury or Damage to Person or Property. If the Contractor sul1brs injury or damages to person or property because of.'an act or omission of the Owner, or ol'any of the Owner's officers, employees or agents, written, sworn -to notice ol'any claim for damages or injury shall be given as provided in Subparagraph 4.3(a). The notice shall provide sufficient detail to enable the Arch i [ect/1nginccr and the Owner to investigate the matter. (h) Subcontractor Kass -"Through Claims. In the event that any Subcontractor of the Contractor asserts a claim to the Contractor that the Contractor seeks to pass through to RFP 115563 the Owner tinder the Contract Documents, any entiflernent of the; Contractor to Submit and assert the claim against the Owner shal I be Subject to: (I) the requirements ot'Paragraph 4.3 ) of these General Conditions; and (2) the following additional three requirements listed below, all three of'which additional reqUircirients shall be conditions precedent to the entitlement of the Contractor to seek and assert Such claim against the Owner: (ii) The Contractor shall either (A) have direct legal liability as a matter of contract, common law, or statutory law to the Subcontractor for the claim that the Subcontractor is asserting or (13) the Contractor shall have entered into a written liquidating agreement with the Subcontractor, Linder which agreement tile Contractor has agreed to be legally responsible to the Subcontractor for pursing the assertion of Such claim against the Owner under the Contract and for paying to the Subcontractor any amount that may be recovered, less Contractor's included markup (subject to the limits in the Contract Documents for any markup), 'file liability or responsibilities shall be identified in writing by the Contractor to the Owner at the time Such clairn is SUbi-nitted to Owner, and a copy of any liquidating agreement shall be included by the Contractor in the claim submittal materials. (ii) The Contractor shall have reviewed the claim Of the Subcontractor prior to its submittal to Owner and shall have independently evaluated such claim in good faith to determine the extent to which the clairn is believed in good faith to be valid. 'The Contractor shall also certify, in writing and under oath to the Owner, at the time of the submittal of such claim, that the Contractor has made a review, evaluation, and determination that the claim is made in good I'luth and is believed to be valid. (iii) The Subcontractor making the clairn to the Contractor shall certify in writing and Under oath that it has compiled, reviewed and evaluated the merits OFSUCII claim and that the clairn is believed in good faith by the Subcontractor to be valid. A copy of tile certification by the Subcontractor shall be included by Contractor in the claim submittal materials. (3) Any failure of the Contractor to comply with any of the foregoing requirements and conditions precedent with regard to any such clairn shall constitute a waiver of any entitlement to submit or pursue Such clairn. (4) Receipt and review of a claim by the Owner Under this Subparagraph shall not be construed as a waiver of any defenses to tile claim available to the Owner Under the Contract Documents or law. (i) Owner's Right to Order Acceleration and to Deny Claimed and Appropriate 'lime Extensions, in Whole or in Part. The Contractor acknowledges and agrees that Substantial Completion of the Work by or before the Scheduled Completion Date is of'substantial importance to Owner, The following provisions, therefore, will apply: EMAMM (|) |[Uhc Contractor (aUx behind the approved uonotruuiion xdhu]u|c [br whatever reason, the Owner shall have the right, in the Owner's sole discretion, (oorder the Contractor to develop u moonvory schedule as doxo,ihod in Puxu�nuph 3.18 or in mccoloruiu its progress in such u manner as to achieve Substantial Completion on or belore (lie Contract Time completion date Or Such other date as the Owner may reasonably din:ui and, Upon nocoiVL (he Contractor shall inko all uoboo noouoxury to comply with the ordor. In such uvooL any possible right, i|' any, of the Contractor to additional compensation for any ucuo|uutinn mhu|| he ouhioui to the terms o[this Subparagraph (i). (Z) Ill the event that the Contractor iyotherwise entitled to an extension of Contract Time and has properly initiated uOukn For otime extension inaccordance with Subparagraph 4.3(o) above, the Owner shall have the right, in the ()vvmer`o sole discretion, indeny all, or any part, n[thoC|ain' for extension n[Contract Time by giving vvriLion notice to the Contractor provided within [burLocn (14) days u8o, receipt o[1he Contractor's C|uim. |[thc Owner denies the Contractor's o|uino fb, all ox1unuimo n[Coutrao1'|`inmo under this Clause (i)(2), ui1ho, in whole vrin part, the Contractor shall proceed to prosCcutC1hc Work in xuoh nmanner ou(o achieve Substantial Completion on or before the then existing Scheduled Completion (3) If the Contractor vvuuN have been entitled to u time extension for m ,uoaoo apouiUoul|y a||ovvod under the Contract Documents, [hroo umnuni o[timne that vvuu1d have justified approval by ihe Owner i{ not for the need and right to auoc|eo4o, the Contractor may initiate a C|oinn for uouoionUiun costs purmuuni to Subparagraph 4.3(o). Any resulting Claim ho,ucuoluru1ion comb properly initiated by the Contractor undur Subparagraph 4.3(o) above mhn|| be limited to those reasonable and documented direct costs of labor, materials, equipnount, and superviaion mo|o|y and directly attributable to the uo1uo| uuce|oru1ioo activity oeoomuory to bring the Work back within the then existing approved construction mdlcdu|c. '|`bumu direct costs include the premium portion u[ overtime pay, additional crew, shill, or equipment costs if requested in advance by the Contractor and approved in writing bythe Owner. & percentage markup [bribo prorated ouxt of premium on the existing per[hrmunoo and payment bonds and required insurance, not to exceed 596` will be allowed oothe claimed acceleration oomim. NO [)'[`HFR MARKUP FOR PRL(}Hl` OV\3F(|N�/\|} (|NC|.D|)|NG BUT NOT |.lK1l1`D[) TO H()M|I ()Fy|[8 {}VBK||F./\D\ OR ANY (7|lUER COSTS WILL BF &D(]lVFll(lN ANY /\CC|U.|![(0l()M CLAIM. The Owner shall not be liable [or any costs related to an acceleration claim other than those described in this Clause (i)(3). (i) Waiver n[Uoinus,-Final Payment.The making o[Dnu|payment shall constitute uwaiver of claims by the Owner except those arising from: (l) c|ujnoa, security interests, puqx)dec hens, or other u{kznokd encumbrances arising Out Ofthe Contract and remaining unsettled-, /2>defective ornonconforming Work appearinga8crSubstantial Completion' (3) latent defects, as defined in Subparagraph 12.2(d), appearing after Final Completion; Or (4) the terms of general and special warranties required by the Contract Documents or allowed or implied by law. (k) TI If," CONTRACTOR SI IALL NOT BEI ENTITH,"D TO Rl,"COVEIR MTORNE.Y'S 11,"E'S AS A PART 01,ANY CLAIM MADE UNDER THE CONTRACT DOCUMI_,NTS OR IN ANY SUI3SE-QUl,'NT LAWSUIT OR ArruRNATIVI," DISPUTE' RHISOLUTION PROCFEDING (1) No Waiver of Governmental Immunity. NOTHING IN THI, ' CONTT RAC DOCUMENTS SHALL 13F CONSTRUED TO WAIVE: THE,' OWNER'S G0VI11tNME,NTAI, IMMUNITY hROM LAWSUIT, WHICH IMMUNITY IS E1XPRHSSI,Y REITAIN1,1) TO THE EX'1'1,',N'I' IT IS NOT CIJ,ARLY AND UNAMBIGUOUSLY WAIVI,"D 13Y STATE; LAW, ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS OF SUBCONTRACTOR (a) A Subcontractor is person or entity who has a direct contract with the Contractor to perform a portion of the Work at the Project site or to supply materials or equipment to the Contractor by purchase or lease for use in performance of or incorporation into the Work. The term "Subcontractor" is referred to thr0Llgl10Ut the Contract Documents as if singular in number and means a Subcontractor or an authorized representative or the Subcontractor. The term "Subcontractor" does not include a separate contractor or Subcontractors of a separate contractor. (b) A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the Project site or to supply materials or equipment to the Subcontractor or another Sub -subcontractor by purchase or lease for use in performance of or incorporation into the Work. The term "Sub -subcontractor" is referred to throughout the Contract Documents as it' singular in number and means a Sub - subcontractor or an authorized representative of"the Sub -subcontractor, 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRAcrS FOR 1110RTIONS OF THE WORK (a) Immediately after the award of the Contract by the Owner, and before the Building Construction Set -vices Agreement is signed by the Contractor and the Owner, the Contractor shall furnish to the Architectffingincer in writing, for acceptance by the Owner and the Architect/Engineer, a list of the names, addresses, telephone numbers, M/WIT certification numbers (where applicable), and type of"work ofthe Subcontractors (including those who are to furnish materials or equipment fabricated to a special design), proposed for the principal portions of the Work, including furnishings when made a part of the Contract. The Conti -actor shall immediately notify the Owner In writing o['any changes in the <iy( as they occur. The Archiieot/Fnginuor will promptly reply to the {lm/brack/r in writing stating `vhoUho, or not the Owner or the /\rchitect/|<nginuor, uUmr due investigation, has reasonable objection in any suoh proposed person or entity, |/ui|ore n[ the Owner or &rchi|ed/Fnginoer to reply promptly xhu|| constitute notice o[ no reasonable objection. (NThe Contractor shall not contract with u proposed person orentity iowhomthe Owner m Architect/E'rigincer has made reasonable and tiniely objection. (c) /\rohikxct/Dnghnoer's and Owner's approval or or objection to any Gubom)Unu1ur or or particular pn>coum or mnu1criu| will not relieve the Contractor u[ his responsibility [h, per[brmanueo[VVnrku000||od8oruoder(huConicoutDooumcnLs,andsho||oniprovNeo basis for any u|oimo for additional time o,money oothe part o[thoContractor. Approval shall not be construed to orcab: any contractual relationship between tbo Subcontractor and either the Owner or Arohitoo1/Dogineer. In no event shall the Contract Sum be increased as a result orthe rejection ofany Subcontractor. (]) The Contractor ahuU not change u Subcontractor previously selected i[ the ()nwur o, Architect/Flngineer makes reasonable objection to such change. 5.3 SUBCON,rRACTUAL RELATIONS kJ By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the oxbeu| of' the Work to be performed by the Subcontractor, to be bound tVthe Contractor bythe terms u[the Conti -act Documents (including but not |immi1cd to iboso General Conditions), and to omuuomo toward the Contractor all the obligations and responsibilities vvh)oh the Contractor, by the Contract Documents, oumumuo toward the [}vvnor and the /\rohiiuc1/Fnginoor. Faoh subcontract u8rucmocni ahm|| preserve and protect the rights o[1hu Owner and the Arohib:oL/Buginuer Under the Contract Documents (including but not limited Lothese 0oaora! Conditions) with respect iothe Work to beper(oyniod by the Subcontractor snthat subcontracting will not prejudice the rights ofthe Owner and the /\rohi1cot/Fngiocuc Where appropriate, the Contractor mhu|| require each Subcontractor to enter into similar agreements with Suh- m/hunu1rmotom. The Contractor shall make uvai|uh|o to each proposed Subcontractor, prior tnthe execution o(`thuSubcontract agreement, copies n[Uhe Contract [}oCumMtyio which the Suhouniruo(o, is to be bound. Subcontractors shall airui|4,|y make copies of applicable portions o[ uuoh Documents available to their ,oupociiYe proposed Sub - Subcontractors. (h)llm Contractor is m)|dy ruxyonxjhh knnnuking payments properly to the Contractor's Suhcon(,uok)m on the P joo{. During yer[hnnunuu of' the Work, (lie Contractor shall comply with the following additional rules regarding Subcontractor payments: (]) The Contractor shall Submit, beginning with [lie Second Application and Certificate k)r Payment, u Subcontractor Payment Report (the "Report") with each /\pp|ioutimo and Certificate for Payment. The Report shall show all payments made to date by the Contractor (plus existing n:1uinu&c) to each Subcontractor involved in the Project. '|`hu Report mhu|| be made on a [bnn approved and supp|iud by the Owner. As un alternative to the Report, the Contractor may rurnish Arfidavits orPayrnent Received with the Application and Certificate for Payment, which affidavits shall be executed by each Subcontractor owed money and paid during the previous progress payment period for work or materials furnished on the Project. RFIC1;1 PT 13Y TI If," OWNER OF THE REPORT OR AUFIDAVITS Of, PAYME'NT RFCFIVF1D SHALL BF A CONDITION PRFICE'DFNTTO I"AYMENTON ANY APPIXATION, (2) If, for any reason, the Contractor is withholding payment to a Subcontractor due to a diSPLAC or other problem with performance, the Contractor shall note the amount withheld and that payment is in dispute, The Owner may require the Contractor to document and verify the dispute or other problem in question, (3) The Owner reserves the right in its sole discretion, to withhold payment to the Contractor pursuant to Paragraph 9.5(a) of the General Conditions, should it appear from the Report, statements of payment received or other information furnished to the Owner that: (i) the Report has not been properly completed; (ii) the Conti -actor has knowingly provided false information regarding payment of any Subcontractor; or (iii) the Contractor has otherwise flailed to make payments properly to any Subcontractor. (4) TI It," CONTRACTOR SHALL NOT I ]AVE' ANY RIGI rr TO MAKF' A CI,AIM FOR ADDITIONAL TIME OR ADDITIONAL COMPENSATION AS A RSULT OF THE OWNER'S OR ARCHITECT/EINGINEEWS ENFORCI_IMENT OF THIS SUBPARAGRAPH 53(b), NO PROVISION OF THIS SUBPARAGRAPH OR ANY OF TIIE CONTRACT DOCUMENTS SHALL BE' CONSTRUED TO CREATE A CONTRACTUAL RELATIONSHIP, EXPRESS OR IMPuFl), BUAW1.1.,'N ANY SUBCONTRACTOR AND EITHER TILL" OWNER OR 'fill," ARCIII'1'1,"C'I'/I-,',N(jiNEIIZ AND SHALL NOT 13E CON STRUL!"D TO MAKF' ANY SUBCONTRACTOR OR ANY OTI IFR PERSON OR ENTITY A TI [IRD PARTY BENEFICIARY Of,' TIIF CONTRACT 13ITWET,'N THE' OWNER AND Tlil' CONTRACTOR. 5.4 CON't'IN('NF',N'['.A,SSI(INMEN'I'OF SUBCONTRACTS In the event ol'a termination ofthis Contract by the Owner Linder Article 14, the Contractor shall, if'requested in writing by the Owner, within fifteen (15) days after the date notice of termination is sent, deliver and assign to Owner, or any person or entity acting on the Owner's behalf, any or all subcontracts made by Conti -actor in the performance of'the Work, and deliver to the Owner true and correct originals and copies of the Subcontract documents. In the event assignment is not requested by the Owner, Contractor shall terminate all subcontracts to the extent that Owner has not directed assignment of same and to the extent that they relate to the performance of Work terminated by the notice ofterinination. ARTICLE 6 CONSTRUCTION BY THE OWNFIRI SEIPAIIATE CONTRA.CTORS, RF11 115563 6.1 OWNER'S RIGHT TO 1"ERFOR M CONSTRUCTION AND TO AWARD SEP'ARATE CONTRACTS (a) The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the Project Site Linder Conditions of the Contract identical or substantially similar to these General Conditions, including those portions related to insurance and waiver of subrogation, 11"the Contractor claims that delay or additional cost is involved because of'such action by the Owner, the Contractor shall make a claim as provided elsewhere in and in accordance with the Contract DOCUIllents. (b) When separate contracts are awarded for different portions of the Project or other construction or operations on the Project site, the term "Contractor" ill the Contract Documents in each case shall mean the Contractor who executes each sepal -ate Building Construction Services Agreement with the Owner. (c) The Owner shall provide for coordination of the activities ofthe Owner's own forces and of each separate contractor with the Work of the Conti -actor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall, with the approval of the Owner, make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors, and the Owner until subsequently revised by mutual agreement or by written Change Order. If the Contractor believes it is entitled to an adjustment of the Contract Sum Linder the circumstances, the Contractor shall Submit a written proposal for a Change Order pursuant to Article 7 or the General Conditions. In the event the Contractor's Change Order proposal is denied by the Owner, the Contractor Must submit any Claim pursuant to Paragraph 4.3 of the General Conditions. (d) Unless otherwise provided in the Contract DOCUMClItS, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under these General Conditions, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY (a) The Contractor shall all'ord the Owner and separate contractors' reasonable opportunity for access to and storage of their materials and equipment and the performance of their activities and shall coordinate the Contractor's construction and operations with the separate contractors as required by the Contract Documents. (b) H' part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of' the Work, promptly report to the Architect/Engincer apparent discrepancies or defects in the other construction that Would render it unsuitable for proper execution and results. Failure Ol'the Contractor to so report shall COnStitUte an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, (c) The Owner shall not be liable to the Contractor for damages SLII'lered by the Contractor due to the laUlt or negligence of a separate contractor or through failure of a separate contractor to cars-), out the directions of'the Owner or the Architect/F'Ingineer. Should any interference occur between the Conti -actor and a separate contractor, the Architect/F'rigincer or the Owner may furnish the Conti -actor with written instructions designating priority of effort or change in methods, whereupon the Contractor shall immediately comply with such direction. In such event, the Contractor shall be entitled to an extension of the Contract rl,ime only for unavoidable delays verified by the Architect/Fngineer; no increase in the Contract SLIM, however, shall be due to the Contractor. (d) The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2(c). (c) Should the Contractor cause damage to the work or property of'any sepal -ate Contractor on the Project, the Conti -actor shall, upon due notice, settle with the separate contractor by agreement, if the separate contractor will so settle, lf'the separate contractor Sues the Owncr or Submits a claim on account ol'any damage alleged to have been SO Sustained, the Owner shall notify the Contractor who shall defend such proceedings, at the Contractor's expense, and if any judgment or award against the Owner arises from the separate contractor's claim, the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and costs which the Owner has incurred, (1) The Owner and each separate contractor shall have the same responsibilities For cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHTTO CLEAN UP It' a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility Linder their respective contracts for maintaining the Project site and Surrounding area fi-ce (horn waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect/Vngincer recommends to bcjList. ARTICLE 7 AMENDMENTS 7.1 CHANGE ORDERS (a) A Change Order is a written order to the Contractor, signed by the Owner and the Architect/Frigincer, issued after execution of the Contract, authorizing a change in the Work, all adjUSMICIlt in the Contract Sum,, or all adjustment to the Contract Time, consistent with other applicable provisions of this Contract. The Owner, without invalidating the Contract and without requiring notice of'any kind to the Sureties, May M�� order changes to the scope of Work Under the Contract by additions, deletions, or other revisions, the Contract Sunn and Contract l`imno to be adjusted consistent with other mpp|ioub|o provisions e[thia Contract. All Change [>n]om uhuU be oncuu1ud on u Change Order form approved by the Owner and the Owner's City Attorney. (b) In addition to [lie Owner and the /\ruhitect/|,"ng)oeor` the Contractor mho|| sign all Change Qn]em to verity and oonDnn the {enne and conditions established by Change ()rdcc hovvovcc should the Contractor refuse 10sign uChange Order, this shall not relieve him n[hiomb|igu1ion to perform the change directed hythe Owner and Lho/\rcbiteut/Fnginoor to the best n[hiu ability in accordance with the provisions of" this /\rdo|c 7. & Change Order signed bythe Conti -actor indicates his agreement with all u[thuchanges approved, including the mcUuatnnuni in the Cm)iruoi Sum or the CnnirooL Time. |<&C(} C||/\l�(�|{ USHALLK �R&�BF' SPECIFIC '[ ��D Pi��i��QPK|CD8/\Y40 EX'N�NSIONS Qy 1lMF", WITH NO R|.,SBRV&110NS OR0TU1-KPROVISIONS ALLOWING FOR PUTOKF ADD|TlK}N/\T. M(}ME`/ OR TIME /\S A RRSO|][ OF 'F|iD PARTICULAR [1l&NGJ8S |D|{N'|]H|(D AND yU|.|�Y C(>MM(NS/\TKD INTHE C||ANGK [>RQ|lR. '|`hoexccn1ion o[uChange Order by the Contractor shall unnmdtUdc Cnnduaive evidence o[LboContractor's agreement krthe ordered changes inthe Work. The Contractor R>,evu[ re|ommem any claim against the ()vvnoc [br additional time or compensation ter nnu1b:ra relating to or arising out o[orresulting hrnm the Work included vvi1bio oruD'ec\od by the executed Change Order. This release applies to claims related iothe cumulative impact of all Change Orders and to any claim ru|uiod to the effect a[echange nn n1bur Work. (c) Nnextra work under emergency conditions) m changes shall bemade nor shall any xubxti1utimnm, cbuogoo or additions to or oonimo\nna or deviations Uonn 1hu reqoi/CnuCmbn[the Drawings and Specifications be made un|cyo pursuant &>uwritten Change Order signed by the {)vvnor and the /\ruh(icoi/RnAincer, it being expressly understood that the Owner shall not be liable [b/ the cost n|' extra work or any aubyh1utiVn, change, uddiiion, nnniaoion or deviation From the requirements of the Drawings orSpecifications unless the same shall have been authorized in writing by the Owner and the Arch ibod/|b)giricer in mvvrit1en change order orother Amendment. The provimionmn[ibis Paragraph 7.1 shall control in the oveoLo[uny inconsistency bcivvoen auch provisions and the other provisions of this &d{do 7. See Subparagraph 10.3(u) of ihcGenurai Conditions For Change Orders tinder unmorgencyconditions. (d)The method of determining the cost orcredit to the Owner florany change inthe Work shall be one ofthe following: (l) mutual u000pkooe of n not -to -exceed |ump aum amount properly iion izod and Supported hvsufficient Substantiating data inponnit evaluation-, (2) unit prices stated inthe Contract ()ouumodoorouboeoucoUyagreed upon.- (3) 000L to be determined in a manner agreed upon by the pudiuo and u nou1uuUy u000piublo fixed orpercentage fe�o�or (4) the [6roe account method provided in Subparagraph 7.1(c) (c) I I" the parties cannot agree to one of the methods Of Calculating cost provided in Clauses (d) (1), (d) (2), or (d) (3), or ifthe parties agree to a method but cannot agree to a final dollar figure, or ifthe Contractor for whatever reason refuses to sign the Change Order in question, the Contractor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of the Work involved shall then be calculated on the basis of the reasonable jobsite expenditures and savings of those performing the Work attributable to the changes, including a reasonable allowance for overhead and profit, Such allowance in any case never to exceed 15'/(D. In such case, the Contractor shall keel) all Iternized accounting of the Work involved, on a daily basis, in such fora and with the appropriate Supporting data as the Architect/Engineer and Owner may prescribe. Sworn copies of the itemized accounting shall be delivered to the Architcct/Flnginecr each day during the performance offorec account work, with copies to the Owner. FAILURE Of, TlIF CONTRACTOR TO SUBMIT TIIF, SWORN -TO ITFIMIZED ACCOUNTING DAILY AS RFIQUIRED HFIRFIIN SHALL CONSTITUTE' A WAIVF,R. 13Y THE, CONTRACTOR OF ANY RIGHT TO DISPUFF� THP OWNFRIS DFTEIRMINATION OF 'fill," AMOUNT DUE TlIF CONTIZACTOIZ FOIZ FORCF, ACCOUNT WORK. Costs to be charged Under this Subparagraph for force account work are limited to the following: (1) costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; (2) costs of materials, supplies and equipment (but not to include off -site storage unless approved in writing by the Owner), whether incorporated or consumed; (3) rental costs of machinery and equipment, exclusive of hand tools, whether rented Crone the Contractor or others; (4) costs ofprerniUMS for all bonds and insurance related to the Work-, and (5) additional costs of supervision and field oil -ice personnel directly attributable to the changed Work. Pending final determination of cost to the Owner, payment of Undisputed amounts on force account shall be included on the Architect/Frigincer's Certificate of Payment as work is completed. (f) The amount of credit to be allowed to the Owner for any deletion of Work or any other change which results in a net decrease of the Contract Surn shall be the amount ol'actuai net cost confirmed by the Architect/1'ngincer plus the stated percentage for overhead and profit. When both additions and deletions or credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase or decrease with respect to that change. 7.2 SUPPLEMENTAL AGREEMENTS A written Supplemental Agreernent can also be used to implement changes in the Work instead of a Change Order form, including but not limited to Situations involving partial OCCLIpancy of the Work under Paragraph 9.8, a change made to the Drawings or the RFP // 5563 Specifications without un increase in the Contract Sun\ or special circumstances \vhoro it is necessary or more appropriate [or ibc Owner to use u Supp|onnunku| Amr*munL Written Supplemental /\grccmunLo shall have ustatus equal (othat o[ChangeOrders [hrpurposey of priority o/^Contract Dooumouia interpretation, oxoopi that in the extent of conflict, later 8upp|enueo1u| /\groomun|x in Limu control over cmr|icr 8mpp|cmeniu) /\grucmuni*, and the Ord er Agreement �rocmcni in time controls over oadiordated Change Orders and Suppiumcn{u| Agrumncn(a. '['he rules of' Subparagraphs 7.1(h) through (U shu|| also apply to the negotiation and execution Of'SUPPICLI'lCutal Agreements. 7.3MKNOR CHANGES8N'rIF1E WORK The /\vchitout/|lngineor, alter notifying the Owner, shall be authorized to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension o[tho Contract '|`imc and not inconsistent with the intent o[ the Conti -act Documents. Minor changes xhu|| be ufhc1od by written order, and ohu|| be binding on the Owner and Lho Contractor. The Contractor shall carry out such written orders promptly. These written orders s8u|| not be dou/nud to change or impact the Contract 3ona or the Contract Time. Contractor shall have no C|uinm for any nminu|' change ordered to the Work uoder this Paragraph 7.3 un(coo the Contractor submits its change proposal, prior to complying with the minor change ordered and in no event later than ten (|0)working days h'o/n the date the minor change was ordered, (othe Owner [brapproval. 7.41TIME.REQUIRED TO PROCESS AMENDMENTS (a) All or the Contractor's responses to proposal requests shall be accompanied by a oonnp|oke, itennizcd breakdown of uosts. Responses to proposal requests mhnU be mubonitted sufficiently in advance of the required work to u||uvv the (}vvnor and the /\rohi\ed/13ngincor u miuinmuno of thirty (30) ou|oodur days aAo, receipt by ibe /\ruhiiect/Fngincor to n:viovv the itemized breakdown and to prepare or distribute additional documents as may be neucaoury. All o[i&e Contractor's responses to p,upoao| roguum|a ubu|| include a statement that the cost described in Ulo rcmpunon rop,00*nie i|ne :onnp|ekr, tnLu| and Uou| cost and additional Contract Time uuunci41ed with Ulu extra work, change, addition to, omission, deviation, ouhutiiubno, or other grounds for seeking extra compensation under the Conti -act Documents, without reservation or k|rihcr (b)All Amendments require approval by either the City Council or, where authorized by the state law and City ordinance, bythe City Manager pursuant to Administrative Action. The approval process roqoin:e a minimuno o[ kntv-DYc (45) calendar days after submission in the ()vvoer in final Kx1n with all muppoding data. Receipt oFo submission by Owner does not constitute acceptance or approval or a proposal, nor does it constitute u vvurcuniy that the proposal will be authorized by City Cnunoi| Resolution or Administrative /\o(ioo. '[IUF' '|lNI|! K|IQl}|R|lD FOR THE APPK()V/\\. PR[>O<SS SHALL NOT 8R C{)N0[)kF<BD AD[L/\Y AND NO|I�'|BN8|[)N8 TO '[|U" CON'[[k/\C[ 11M|! OR |NCR|�A8F' IN THE, {I)N'|`K/\C[ SUM WILL BE CONS (0!RFD OR GRAN'DB0 AS & RFSU|�[ OF THIS PR{]CFI08. ["ending Uho approval doso,hoc above, (he Contractor will proceed with the work under 4pending Amendment only ii'directed in writing by [lie Owner. R F1 I#5563 ARTICLE 8 CONTRAC1['D`IME 8.1 DEFINUKONS (u) Un|oyo otherwise provided, [lie ContractTune is the period o[<inoc` including authorized odiuxbncnts,allotted inthe Contract Documents for Substantial Completion o[UnoWork. (b)1`he date n[cnnnnncnoonnen{o[Lhc Work isthe date established in the notice in proceed knm the Owner. The date o[communm:moot:shall not be postponed by the bui|uncn[iho Contractor, or or persons or om1iiics for vv[xxn the Contractor is responsible to act promptly tocommence the Work. |fthe Owner unreasonably delays the ioauuncoo[tho notice to pnm000d through no fault n(`ihoContractor, the Contractor shall be undi|od only to an equitable extension of the Contract '[iouo; the Contract Sunn shall rcmmuin unohonged. (e) The date of' Substantial Completion is the date certified by the A,ohitmut/Flogi000, in accordance with Paragraph V.7. (d) l'he term "day" as used in theComb'uc{ Documents shall nuouo acalendar day, beginning and ending at 12:00 midnight, unless otherwise opeui(iou[iydefined byspecial provision. 8-2 PROGRESS AND COMPLETION 6A Time |innibs stated in the Contract Documents are of the umosouc of tile Contract, By executing the Building Construction Services Agreement, the Contractor confirms that the ContractTime is a reasonable period for perflorming the Work, (b)The Contractor shall not knowingly, except by agreement with or instruction o[tile {}vvncr in vvddog, prematurely commence operations on the P 'cci site or e|sepvborc prior to the effective dab of' insurance to be furnished by the Cnnhmotn, as required by Article / |.1`hodoWcn[oonunnc000menio[1ho Work shall not be changed hytile effective date o{insurance required by /kdio|c 11. (c)Liquidated Carnages. The Contractor shall proceed expeditiously with adequate forces, materials, and equipment, and mhu|| achieve Substantial Completion within the Contract '[irno. }[ the Contractor fails or refuses bacomplete the Wnd« vvkbin the Contract Time as specified in the Bid Proposal [hnn, 1he Bui|dingConmLruo1iun Services Agreement, o, in any proper extension or the Contract 1`inmo granted by the ()vvoor, {ben 1ho Contractor agrees, as u part of the consideration for the awarding of' the Contract, to pay to the Owner the amount of liquidated damages (hereinafter called the "Stipulated Annou111'^) as x1ipu|o1od in the Bid Proposal (orm and iho Building Construction Services /\gromnen( for each calendar day that the Contractor has not Substantially Completed ihe Work uKu/ the expiration of the CnnLxud '|`imno provided. 1`hc Stipulated Amount is not to he considered ouupenalty, but shall be dcomod, taken, or treated as |�:uxonub|u liquidated dumagey, fixed and agreed upon by and ho\vveen the Contractor and the Owner because o[ibo impracticality and cxUnnedilTiculiy o[Dxiog and ascertaining the uo1uu| damages the {}vvnor vvou|d sustain in the event o[1hc Contractor's |u1t completion n[Lhu Project, and the stipulated mnouni is agreed to bcthe daily amount of' damages that the Owner aim�� would sustain. The Stipulated Amount, as it accrues, will be retained from any portion of the Contract Sum due or that may become due to the Contractor. In the event the portion of' the Conti -act SUIll retained by the Owner is insufficient to recover the Stipulated Amount, then the Contractor or the Contractor's Surety shall pay to the Owner any additional liquidated damages due that are in excess ol'the funds remaining unpaid in the Contract Surn. The Owner shall be the sole judge as to whether or not the Work has been Substantially Completed within the calendar clays allotted, which shall include the original ContractTirne and any proper extension of the Contract 'Time granted in writing by the Owner. Should the Contractor dispute the Owner's determination of liquidated damages due, however, or should the Conti -actor, or the Conti -actor's agents or assigns, institute any legal action against the Owner to enforce rights under the Contract Documents, then this Subparagraph 8.2(c) shall not be construed to prevent the Owner firorn seeking full recovery For any and all actual damages suffered by the Owner and attributable to the Contractor, as an alternative to all liquidated damages due. H®3 DELAYS AND EXTENSIONS OF TIME (a) If the Contractor is delayed at any time in the progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of all ernployce of either, or of" a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending a claim, or by other causes which the Arch itect/Engincer determines may justify delay, then the Contract Time shall be extended by Change Order for Such reasonable th-ne as the Architect/13ngineer and Owner may determine. (b) Claims relating to Contract Time and tirne extensions shall be made in accordance with the applicable provisions of Paragraph 4.3. (c) No Damages for Delay. NOTWITHSTANDING ANY OTIIF'1R PROVISIONS OF THE' CONTRACT DOCUMENTS, INCLUDING THE' GE,NERAL CONDITIONS, NO ADJUSTMENT SHALL 13E MADE, TO THE CONTRACT SUM AND TIK" CONTRACTOR SHALL NOT BE F,NTITLE'D TO CLAIM OR RECEIVF ANY ADDITIONAL COMPENSATION AS A RESULT Of, OR ARISING OUT 01, ANY DEILAY, HINDRANCE, DISRUPTION, FORCH, MAJI-ITRI,", IMPACT, OR INTE1RI_,'I.,'1RHNC1 , INTENTIONAL OR UNINTENTIONAL, FORESEEN OR UNFORFSEFIN, WHICH INCREASES THE' TIMH TO COMPLFTE, THE WORK, INCLUDING BUT NOT TO ANY DELAYS CAUSED IN WI IOLF OR IN PART 13Y THE ACTS, OMISSIONS, FAILURES, Nl,-(-,I,[(;ENCI.,,, OR FAULT OF TI IF OWNER, T] 1U, ARCI I ITEICT/F',N G IN EIE,R, OR THF, 0 W N FWS REIPRESENTATIVE, AN EXTENSION Of,' TFIF" CONTRACT TIMI' 1JNDER SUBPARAGRAPI I 8.3(a) BE'INGTI It," CONTRACTOR'S SOLF, RFIMFDY, (d) The Owner shall have the right to Occupy, without prejudice to the right of either party, any completed or largely completed portions of the structure or Work, notwithstanding the fact that the Conti -act Time for completing all or a portion of the Work may not have expired. Partial Occupancy and use shall not be deemed as an acceptance of the Work taken or used. M�� (c) The Contractor ahu|| pr01111)i|y nuxnox| the Work when either d10 Contractor or the Ovvnc, is ordered to do so by u coud onjo[ From aCourt having |uvvOu| jurisdiction, and the Contractor will not be entitled to additional compensation by vinuo of any ddoIo resulting hnm the Court order. '[hcContractor will also not be liable to Uho Owner for delay caused in (bothythe Work being Suspended byaonudorder. (0 The /\rchiLeot/|h'giocor, with the consent of the Owner, mhd| have the authority to suspend the Work, in vvhn|e or in part, [b, much period or periods as 1ho &rchiiuc1/Enginoor dcunoa noo:omury due to unusual or xcverc weather conditions as an: considered unIlavorab|o 1101' tile Suitable prosecution o[tho Work, or due to failure oil the part oil' the Contractor to correct conditions considered uoya[b for workmen or the general public. If it should become necessary to mimp the VVn,k fhr an indefinite period, ibo Contractor shall aiovc all nouhuria|x in such u manner that they will not obstruct or impede the public unnecessarily or become damaged in any way, and ohuU (uko every precaution to prevent dmnaguordeterioration n[the Work pu,[hmued. In cases o[uumponminno[tile Work tinder this Subparagraph, the Contractor ahu|| also provide Suitable drainage about the Work and erect 1onnpmnry a1mok|rem vvhcu: necessary. The Contractor mhu(| not suspend the Work in vvhu\e or in part without written authority hom the &nuhit*o1/Flnginoo,o,the Owner, and ebu|l resume the Work promptly when notified by the /\n:hiLeoi/F.nginccrorthe Owner Lnresume operations, (u) In the event m[ o delay that is the responsibility n[ the Contractor or any of Qxo Subcontractors, k/r which the Contractor is not entitled to n time extension tinder the provisions o[thiaConhuot, the Owner may direct that the Work be ucou|o,u1ed bymnum)x of overtime, uddikinou| crews n,additional shills, or remcguonoing.This acceleration uhu|| be at no onmi in the [)vvncr and will continue until the Contract l`irnc is restored. /n the event of delay for which the Contractor is entitled to n1imc extension, as determined by the Arch i\eot/Dngiricer, Owner may similarly direct u000|eru1iou and the Conti -actor ogrouo to pur('onn uume on the basis that the Contractor will be reimbursed only to the extent described in Subparagraph 4.3(i). THE CONTRACTOR FIX9RUSSl.Y W/\|YFS ANY (Y[||FB [()MP|INS0]{)N R|RSDL'[|N(] FROM /\CCKLBQA1l{}N` SUCH AS I,OSS Of,' LABOR PRODUCTIVITY OR F'FFICIF'NCY, ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACTSUM The Contract Suon is stated in the Building Construction Services Agreement and, including authorized odiuxtmonts, is the &)iul amount of compensation paxoh|u by tile Owner to the (�onbooLor/orthe performance ofLhcWork under the Contract Doounounix. 9.2 SCIIED0LE OF VALUES |7u[brc thu Dmi Application for Payment, the Contractor xhuJ| submit to the /\nuhib:d/Fnginoo,uschedule ofvalues u||oouied to various pndinouo[iho VVork, prepared in auoh K»nn and supported by such data to mbuimniiuio its uoouruuy as the /\rchiiuc1/|Ingincu' may require. This schedule, when approved by the /\rohi1cui/Fogincur and the Owner, ahu|| be used as huxim for the Contractor's Application [br Payment. The aohodu|c of values shall [hNovv the 1xudc division o|' (he Specifications. Cnn1ruuior'm Application Gxr Payment ahu|| be R|ud on the our,oni version of /\|/\ Form G702 RFP#55h3 (Application and Certificate tor Payment), as approved by the Owner, 9.3 APPLICATIONS F011 PAYMENT (a) At least ten (|N days before the date established f6r each progress payment, the Coniruo{n, xhu|| oubmi1 to the /\ouhi1ou&qFngincer an itemized Application for Payment [orWork completed inaccordance with the schedule o[vc|ucx.The Application oho|| be notarized, if required, and oupporiod by data oubaiuniiuLing the Contractor's right to payment as the Owner or /\nohitectJF'ngineor may require, including but not |irui1od to copies of requisitions /ioom Subcontractors and /nuiorW oupp|iom` and reflecting the applicable nniainugo as required in the Contract [}ocunncm1o. Contractor's Application for Payment shall also provide other muppuding documentation as the (]vvnor or the other applicable provisions o[iheContract Documents may require, (b) Am|ioatkmu kx Payment may not include requests for payment of umountS the Contractor does not intend (upay 10 u Subcontractor because o[o unnd faith dispute, un|oxm the Cnn{,uoin, complies with Clause 5.3/h\ (2) OF these General Conditions and the Contractor's Payment Bond Surety consents in writing to payment to the Contractor ofthe Nndmdocmed1nheindispute. (c) Unless otherwise provided in the Contract DOCUMC11tS, progress payments shall include payment for materials and equipment delivered and suitably stored at the Project site for Subsequent incorporation into the Work within thirty (30) days after delivery to the Project site. If approved in advance by the Owner, payment may similarly be made Ior materials and equipment suitably stored away frorn the Project site at a location agreed upon in writing. Payment for costs incurred in storage of materials or equipment away Rom the Project site will NOTbe made by Owner unless: (|) the Owner has given prior approval o[Such off -site storage buwriting; (2) the nocde,ia|s or egoip0000k are obnrcd in u bonded warehouse [noutud in Doubzn County and identified with the Project hor which they are stored, as evidenced by warehouse receipts and appropriate documents o[ii1|u;and (3) the materials orequipment stored o[[xi{cvvi|| be incorporated into the Work within thirty (30) days after de|ivory. S1Y)K/\(]R IN FACILITIES {)|r '[|||< MAN OP/\C'[U8kK OR '{ll8 C{}N'[R/\O{}l{ VV|1.|. NOT BK PKRM|1lllD OR P/\lU FOR, DNLRSS THE ()WNRK HAS kXPRB9Sl�Y GY\/FON PRIOR APPROVAL OF SUCI I STORAGF' IN WRITING. (d)The Contractor warrants that (it|cto al|Work covered hvunApplication for Payment will pass tothe Owner no later than the time o[poynnen1.The Contractor Omrthorwarrants that Upon muhnniUa| o[ an Application for PuvnucnL all Work k>r which CmtiUuu1ou hor Payment have been p,ovinux|y issued and payments received hnm the [)vvnmr xhu|| be firoo and o|our o[ liens, claims, security in(mrugm or onounobronoom in Oevnr of the Contractor, Subcontractors, nnuto,iu| uupp|iery` orother persons orentities making uc|aim by reason o[having provided labor, materials, and equipment relating inthe Work. h0 All nnukxiuJm orequipment delivered to the Project site earlier than thirty (]C) days phu« to an approved schedule lor delivery to the Project site shall be classified as ail "early delivery." All early delivery noaLoraUx or equipment nnuxi have the express vvritko) permission of' the Owner to be nb>rod on the Project site. IF ally unuu(hudzod ou,|y delivery occurs, CuoLruoLor sha|L at Contractor's expense or at the expense n[ the responsible Subcontractor o,Supplier, cause such early delivery to be removed from |hc ProJect site and stored off-mitc until required at the Project site. All uoaix of labor, bumopodu{ion and storage will he included uxpart o[1hoexpense. )[the Contractor [bi|y or refuses to vcmnvu unauthorized oudy delivery materials, the Owner may omuxc euoh nmuio,iu|a to be removed at the Cnn1,uoLn/y ao|u expense, and amounts may he withheld from the Contractor's Application for Payment to reimburse the Owner k/r any unubx incurred in removing unauthorized oudy delivery mm1e,iu|n. (}VYN|IR WILL N()l` RE, KF,Sy(}NSU}l.0 FOR THE PRLy[EIC'|`1{}N ()FUR RISK OF LOSS ON ANY D/\I�|.Y C>Cl.|\/DRY M/[[|lR|/\LS[}RR()U|PMDN'[NOR WU.[[)WNKR BE |.(/\Iy.k FOR ANY 13AYMKN7 FOR 'D|E' B/\[l\�y DELIVERY M4yi|lD0/\LS OR U(}0|PN4KN'[ Any materials or equipment classified as early delivery will not be approved For payment as stored nnu1oriuio prior to thirty (38) days bc[oo: the incorporation of the muiodu|m or equipment into the Work, uu|uua storage and payment at an earlier date is uxpcoux|y approved in writing bythe Owner. N |[the Contract SUM iaequal tomless than $25,000.O0and performance and payment bonds are not furnished by the Contractor, nopayment applied lor*i|| be payable undcr the Contract until tile Work has been Finally Completed and accepted. 9.4 CERTIFIC ATES F011 PAYMENT /aA The /\nchihd/Engioocr will, within ten (10) days o8or ,uuuipi of Lhe Contractor's Application for Puvmmcmt, either issue to the Owner CcdiOuu10 for Payment, with aoopy bothe Contractor, for such amouutua the &rohiiooLRngineerdoburmineo is propeflyduo, or no1/[v the Contractor and Owner in writing of the /\rohiLeoi/|{n8ince,,y n:umonm for withholding certification in whole or in part amprovided in (u) Ciiyo[Dunioo (]enoru| Conditions hmr Building Construction. (b) Subparagraph 9.5(u). The Cer1iDouio fhx Payment mhu|| be issued no the current version o[/\|/\ Form {}702 (Application and Certificate [or |`uInncnL) as approved by the Owner. (o) 'l`ho issuance of u Curb/ioufe for Payment will oonmtikde a representation by the /\robi1cut/Fogincer to the Owner, based on the /\,ohiLod/Kngineor`m observations at the site and the data comprising the Application [br Payment, that the Work has progressed to dle point indicated and that, to the best o[ the /\ruhiteot/Dnginoer"m knowledge, information and bo|io[ quality of the Work is in accordance with the Contract Documents. The foregoing rep ,esentskions are muNouiioon evaluation of the Work for unn[hrmanoo with the Contract Documents upon 8uhxiuniiu| and |/inu| Completion, in ,um|kx o[ subsequent iox(o and inspections, to noinnr deviations from the Cnnbooi Documents correctable prior to Mnu| Completion and 1nspecific guo|iDcaiionaexpressed by the /\rohi1eut/Flnginoor. The issuance of' u CcdiDcm10 For Payment will fudho, conmiiim10 u representation that the Cm)huuim^ is mnbL|cd to pnymuun( in the umuuni certified, sub ^eot1nthe (}p/no|'`xupprovaL The issuance o[u<�cr(i��oute for Payment im not ,opruson|u1ion that the /\nchiioot/Fn�incerbao: (|) nnmdo exhaustive or continuous uo-yiic inspections to check |hc guu|kv or quantity of the Work-, (2) reviewed Construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material Suppliers and other data requested by [lie Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract SLIM. ,'d) Whenever the Application for Payment for Work done since the last previous Applicati( I'or Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay percentage orthe Application, less applicable retainage, to [tie Contractor within thit (30) days following Owner's receipt and approval of the Certificate Ior Payment certifi by the Architect/Frigineer. The Application may include acceptable nonperishab materials delivered to the Work or stored as provided 1`6r in Paragraph 9.3(c) and t: payment will be allowed oil the net invoice value, less taxes and applicable retailla I (e) The City is required to withhold retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is typically applied by the City for all public works contracts in excess of $50,000. The City may require varying percentage withholding amounts,- however, the City typically requires live percent. For retainage percentages in excess of live percent, the City must deposit the retainage into an interest -bearing account and pay the interest earned to the contractor on completion of the contract. The retainage will be withheld by the Owner Frorn each progress payment until final completion or the Work by the Contractor, approval of final completion by the Architect/l,"ngincer, and filial acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract SUIll, and will not be affected in the event the original Contract SUITI is subsequently increased or decreased by Change Order. (I) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work. 9.5 DECISIONS TO WITH][101,11) CERTIFICATION (a) The Architect/Flngincer or the Owner may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owncr's interest, if in the Architect/Engincer's or Owner's opinion the representations to the Owner required by Subparagraph 9.4(b) cannot be made. If [lie Architect/Flngincer or the Owner is unable to certify payment in the allIOUnt of the Application, the Arch itect/Engincer or the Owner will notify the Contractor as provided in Subparagraph 9.4(a). If the Contractor and Architect/krigincer or the Owner cannot agree on a revised amount, the Architect/Flngincer will promptly issue a Certificate for Payment for the amount for which the Architect/FrIgincer is able to make the required representations to the Owner. The Architect/Engineer or the Owner may also decide not to certify payment or, because 01" subsequently discovered evidence or subsequent RFP If 5563 nbwcnubmos, may nuUif� the whole or u part o[u Certificate for Payment previously issued in such oxko'i as may he ncuexxm[y, in the /\rdhiiect/|{ngincor`e or {}wno,`m opinion, to protect the Owner From loss because Of'. (|)dcl'cu(ivoornonoonform ingWork riot ronlodicd| (2) third party u|uim* Mod or rouxnnuh|c evidence indicating probable filing of such (l) fiai|uron[the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance o[dm Contract SUrn; (5) damage tnthe Owner nranother oontrooio,.- (6) reasonable evidence that the Work will not be cornphted within the Contract Time, and that the unpaid bu|uo:u vvnu|d not be adequate to cover uoiuu| or liquidated damages for the anticipated delay; (7) pooimb:o1 failure to om,,y out the Work in accordance with the Contract Documents; or (8)mathematical orother errors that are discovered inthe Application for Payment. (b) When each o[thmabove reasons that existed For withholding certiDcationare removed m remedied, certification will be made for amounts previously withheld. (c) The Owner may, niits option, offisetany progress payment mfinal payment under tile Coo1,uc1 Documents againstany debt (including tusox |uvv8|l|y doe to the Owner from the Contractor, regund1cma ofwhether the amount duo uriacm pursuant to the terms of the Contract Documents or oibomviao and regu,d|:aa of' whether or not the debt due to the Owner has been reduced tojudgment byaonuri. 9.6 PROGRESS PAYMENTS (a) After the &rchitect/Fln^mcer has issued uCertificate loxPayment, the Owner shall make payment in the manner and within Who time provided in the Contract Documents, and abm|| xn notify the /\robiicut/Bngincor. The Owner uhu|l not be |ioh|c [hr interest on any late ordelayed progress payment or Unu| payment caused by any claim or dispute, any discrepancy in qunn1iiics, any failure to provide supporting dnoumcn1u1ion or other in(onnm1ion required with the Application for Puymou1ormmuprecondition to payment under the Contract Documents, or duo in any payment the Owner or the /\rchiteoi/F.ngincorhua uhghi to withhold or not oohi[v under the [nnkyoi |}oCunncntm. Notwithstanding the [orogoiog, the Owner may ruUuxo to make payment on any Certificate h»r Payment (including, Without limitation, the final CoriiAoaio 8)r Payment) f'or any default Under the Contract Documents, including but not limited to those defhUltS MMMAIM mdkmth inSubparagraph 9.5(a)C|uuuCm(|){br000h(7).ThcK}wncrxhul| not bodeemed in dukm|i by reason u[ withholding payment while any Contractor default ruo)uinx (b)The Contractor shall promptly pay each Subcontractor, upon receipt o[paymmnt From the (}v/nCr, oui o[ \ho omoun| paid to the Cmn(ruok`r on uocouni o[ each Subcontractor's portion o[ (lie Work, (he amount to which said Subcontractor is entitled, reflecting percentages uok|a||y vc{uinod Unnm puyn}omia to the Contractor on uocoun1 o[ auch Subcontractors portion o[tho Work. '[hoContractor shall, byuppropriuie agreement with each Subcontractor, require each Subcontractor to rnukn payments to Sub-xuhcon1|actors in similar manner. (c) The /\vchkoot/Flnginmo, will, on request, hunnioh to y Subcontractor, i[ prouticnble, in8onnu1inn regarding percentages of completion nr amounts applied for by ibe Contractor and uo|ioo taken ihorcnn by the /\rohituct/|!nginccxand the ()wne, on account n[porbnuamfthe Work done bySuch Subcontractor. N\Neither the Owner nor the &nchitect/Fln'meer shall have umobligation to pay miosee to the payment of" money touSubcontractor except uumay otherwise berequired bylaw. That obligation belongs to the Contractor or, in the event of the Coniruu<nr`m [ni|umo to pay uSub000tractor, to the Surety onthe Payment Bond as required under Paragraph (c) Payment tomaterial suppliers shall be treated in a manner similar to that provided in 0A CcrliOcatekxPaymmt,upruresspaynmt,mpartialormtireumcoroccupumcyo[ the Project by the (}vvnur aha|l not constitute ocuopinnoe of Work not mmfbunod in accordance with the Conti -act DOCUmcnts. 9.7 SUBSTANTIAL COMPLIKNON (a) The Date o[Submbomia[ Completion of the Wnrk or designated portion n[iho Work, is tile date certified by the Anzhiicut/Bn8inoer when construction is ouODCioni|y completed in accordance with the City OrDenton General Conditions For Building Construction. (a) the Conti -act DOCmnCntSSuch that the Owner may benericial|yoccupy and use the Work, or designated portions of the Work, k>r the Purposes for which it is intended and only trivial and insignificant items remain which du not affect tile Work as uvvbo|e. (b) When the Contractor considers that the Work, or the portion Of' the Work which the Owner ug,uuu to ouuup( uupurn{o|y, is Substantially Conop|u1o, the Contractor shall prepare and Submit to the /\rohi1oot/Enginonrucomprehensive list o[rnnuuinimg i<unno to be completed or corrected. The CVnbmoin|' ahu!| p,nuoud pmnopi|y in on/np|cie and correct items oil the list (h:rohnu&orcalled thc^^punoh |iot`,). i/oi|oro1u include an i{cml on the punch |iu< does not alter the roapomxihi|iiyV[the Contractor to complete all Work in aouun]unue with ihc Com{rooi Documents. Upon receipt o[ the Punch |ioL the /\,ohik:ct/Flngiucorvvi|| make an inspection to determine whether the Work, or designated portion n[(he Work, is Substantially C'mnp|eic. If the /\rchibcd/i"n�inccr-o ixopcu1lnn 0/P#5563 discloses any item, whether nrnot included on the punch list, which is not in uooVrdunue with the requirements n[(lie Contract |)o:unnontsund which renders the Work inspected not 8uhaiuu1ia||y Connp|o\u the Cnni,ock>r ah4|l, be6xnr issuance u[ the Certificate o[ Suhoiun(iu| Completion, complete or u0ncoi the item upon notification by the /\nchiiod/Engimcor. The Contractor shall then submit rcquCut for another inspection by the /\rohitout/Unginuer to determine Substantial Completion. When the Work or designated portion of the Work is Substantially Complete, Uhe /\nohi{coi F.ngioocr will prepare u CudiDouio of" Substantial Completion which xhu|| oyiub|ixh khc date or Substantial Completion, shall establish responsibilities o[<he K}vvnur and the Cnu{,uc<or [hr security, maintenance, heat, utilities, dmnuguinthe Work and insurance, and shall Ds the time within which the Contractor mhu|{ finish all items on the punch |iai accompanying the CortiDou(c. kJ The Certificate of Substantial Completion shall be submitted to the Owner and Lhe Contractor (br their written acceptance of responsibilities assigned to them in the Certificate. k80pom Substantial CmnoJodcm of the Work or designated portion thereof' and upon application bythe Contractor and certification kvthe /\vohi1uoi Fln 'muer, the Owner shall make payment, reflecting adjustment in rotuinuge, i[omy, for the Work, or portion o[tho Work, amprovided inthe Contract Documents. 9.8 PARTIAL OCCUPANCY OR USE (a) 'DeOwner may occupy oruse any completed mpartially completed portion n[the Work at any stage when such portion is designated by aqporotc Supplemental Aurc:nmcn1 with the Contractor, provided Such Occupancy or use is consented to by the insurer as required under Subparagraph ||.2(u) and authorized bypublic authorities having jurisdiction over the Work. Such partial occupancy Or use may commence whether nrnot |bc portion is Substantially Complete, provided the Owner and Contractor have accepted in writing tile responsibilities assigned to each of them for payments, m{oinage i[ any, oeouriiy` maintenance, huu1, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction a[ the Work and commencement o[ vvu,raoLioa required bythe Contract Documents. When the Contractor considers upor{ion Substantially Complete, the Cnni,uo\nr ohu|\ prepare and auhnni( o list to (he /\,ohite(t/F.ogincerux provided under Subparagraph 9.7(b). Conooniu[iho Contractor to partial occupancy Or use shall not be unreasonably withheld, The stage of the (u) pmg,exan[{hc VVu,k shall be determined by written ugozmnenL between the Owner and Contractor or, 1 I'no agreement is reached, by decision of the Arch itect/Flngincer. (N\mmm]iubly prior to mudh partial occupancy Or use, [lie Owner, Contractor,and &nchibeot/Knginoor shall jointly inspect the area to be ncuupicd or portion o[ihu Work to he uaod in order to do(unninc and record the condition o[ihu Work. (c) On|eoa otherwise uu,ued upon, nudia| oouupunoy or use o[u portion or portions n[ihu Work shall not constitute acceptance m[Worknot complying with the rcquircmCn(sn[ihc Contract DOCUrnCrItS. �P�// 5563 9.9 FINAL COMPLETION AND FINAL PAYMENT (a) Upon reooipLo[written notice that the Work is ready kn [nu| inspection and acceptance and upon receipt o[ m Rnu| Application [b, PnvmcoL the &vchiiout/Fnginoer, accompanied by the [)vvne,`s ropncuoniu1ivc, will promptly make final inspection and, when the /\rublLcoi/|lnginocr finds the Work uuoepiuh|e under the Contract Documents and the Contract Documents b/||y pmr[h,n'cd^ the /\rohiicut/Fnginoorw/i|l pm|npk|y issue u Unu| Cc«iiAooLo for Payment stating that in the bum{ of the /\nchkcd/kngincc,`a knowledge, information and bo|io[ and nu the basis u/^ the Arch i1oot/Flngin ccr`n observations and iumpuuiiuna, Uxo Work has been completed inaccordance with terms and conditions of the Contract \}ncumon|x and that the entire bu|uooe Found to be due the Contractor and noted in said final CudiUou10 is du: and payable. The Arcbitcc1/|Inginour`o Uou| CerdUoo1u for Payment will Constitute Fbrificrn:prcaontadion that conditions iixiod in Subparagraph 9.9(b) as a condition precedent to the Cunt,00k),"m being onii(|ud to Dnu| payment have been fulU||od. {}vvuer will nnnnu||y make final payment within thirty (30)clays after Owner's receipt and approval o[tbo(inu|Co|'iiriooNe for Payment. VVa,onnLiea required by the Contract T)nuu/neo1m xhu|| commence on the date n[BubsiVniia] Completion o[1h: Work, Unless otherwise provided byseparate agreement between the Owner and the Contractor. (b) Neither Unal payment nor any remaining retained percentage yhuU beonnlu due until 1ho Contractor submits to the Architect/F'rigineer: /|\un uOiduvkthat payrolls, bills kxmmatcdu|o and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or 000umhnrcd /luom announ|a withheld by [}vvou6 have been paid or otherwise satisfied; , (l) ocertificate evidencing that iouunsnuc required by the Contract Documents to remain in force after Unu| payment is currently in o[lecLund will not bmcancelled or allowed to expire until at |umyt thirty (30) days prior written notice has been given to the Owner; (3) o written wiu(onnen1 that the Contractor koovvm o[ no substantial |nuaon that the insurance will not be ronovvub|o in cover the period required by the Cun1ruoi l}oua/nou|a� , /4\ aounmenL o[aunty to Uou| payment; and (5) if required by the (}vvnu,, other data uaiuh|ixhing payment or suiixfuctiun u[ obligations, such as ,000ipb, rc|euxua and waivers of liens, claims, security interests or encumbrances urioio�out m[ihe<�oo|ruci, iothe extent and in Such form as may be designated hythe Owner. (o) As u precondition to final payment hvthe Owner under this Contract, the Contractor's affidavit under C<uum: (h)(|) abu|| state that the Contractor has paid each o[ his suhcnui,uo1oo` |ohoocrs or mekxiulnouo in hui| for all labor and nmaiuriu|a provided to him for iho Work undo, this Contract. In the event {he Contractor has not paid each o[him muhonntrmoiom` laborers n,moAc,iu|nmen in h/|i the Contractor shall xkube in the affidavit the amount owed and the name o[euoh subcontractor, laborer or nmobcriu|men to whono such payment is owed. IN ANY F.VFNT, TIIH CONTRACTOR SHALL BF, N/P#556J IZI,'Q(JlIzl;1I) 'ro 1,'Xl;'Cun�', OWM,"R'S STANDARD AIUIDAVIT 01� I,'INAL PAYMHNT AND AS A PRI,"CONDITION TO Rl,"Cl"IPT Of,' l,'INAI, PAYMI,'NT. (d) 11" afar Substantial Completion of the Work, final completion of"the Work is materially delayed through 110 fault of the Contractor or by issuance of Change Orders affecting final completion and the Architect/Engineer confirms the delay, the Owner Shall, upon application by the Contractor and certification by the Architect/Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the rernaming balance For Work not fully completed or corrected is less than relarnage stipulated in the Contract Documents, and i I` bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be Submitted by the Contractor to the Arebitect/Frigineer prior to certification of payrrient. Payment shall be made Linder terms and conditions governing final payment, except that it shall not Constitute a waiver of'claims. (e) The acceptance by the Contractor of the final payment shall operate as and shall be complete release of' the Owner from all clairns or liabilities Under the Contract, anything done or fin-nished or relating to the Work or the Project, or lOr any act or negle ofthe Owner relating to or connected with the Work or the Project. ARTICLE 10 SAFETY, SECURITY AND UTILITY PROVISIONS; ENVIRONMENTAL COMPLIANCE 10. 1 SAFETY PRECAUTIONS AND PROGRAMS The Conti -actor shall be responsible for initiating, maintaining and Supervising all safety precautions and programs in connection with the pe6ormance of the Conti -act, and will comply with all applicable City, County, State and 1,'cdcral health and safety regulations. 10.2 SAFETY OF PERSONS AND PROPERTY (a) The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work. and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein, whether in storage on Or off the Site, Linder care, Custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontractors, and (3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in (lie course of construction. W 111/ 5563 (F) The (omtruo1o, xhuU give notices and comply with applicable |uvvx nu]inonoou rules, regulations and lawful orders of' public authorities bearing on safety of' persons or property nrtheir protection from damage, injury 01- loss. kJ'|lm (}oohook/r shall erect and maintain, as required by ovid\n� conditions and perlonlnunoe of the (�xdruoL ocuuonnb|c safeguards [br yolc(v and protection, including posting danger signs and other warnings against hazards, prornUlgating safety regulations arid notifying owners and users ofadjacent sites and utilities. k0 When use mstorage o[explosives orother hazardous materials n,equipment or unusual nnct|odu are ncuoeeu,y for execution uftbe Work` the CnnknoLVr aho1| excvoiuo utmost care arid carry on such activities Linder supervision ol7properly qualified personnel. (e)QSkOF BXP[081V['S 'C|.Al[NS AND TOTAL INDEMNIFICATION. 'file Owner mhu|| have the r|cbi to pre -approve the use of any explosives on the P,oiuoi; the Contractor shall not assume in its bid that permission to use explosives will he granted. The Owner shall NOT be liuh|o hurany claim for additional time orcompensation as ruyu|L of the Owner's denial o[pccnoixxinn to use explosives. VVhorc use of explosives is permitted by Lhc Owner, the Cnuiruck/, |l%PRBSSl.`/ /\(]RHEIS TO l3|I S(}L.U|.Y RP"8P00NS1131.1, hz, the determination as to whether explosives ohu|i auLuu||y be used, and for any ,oeu|L Urnnm the use, handling o, mincagu of cxy|uoivoo, and shall |Y4DkMN||/Y, DBTTN|} AND HOLD C{}MP\.F,TF.Y ||/\RM\.KSS the {)vvour, its officers, agents and onnp|oycoo, and the Arch itect/Rngincc,against any and all oiuinnm, |uvvmui1m, judgments, costs or expenses {hr personal injury (including death), property damage orother harm [brvvhioh recovery of damages is xoughL suffered by any person or persons, as the rMi|t of the use, handling or storage of the :zp|nsivom by dlu Contractor o/' any Subcontractor, RKGA}(l)[.�SS OF Wl||I'|l{|Ik SAID \/S\{` HANDLING OR S'[{}RAQ[ WAS ME'U}.\O0N'[ QK NOT, AND RDQARDl.BSS OF W|lE1l|DQL 'C|UE' D/\M/\(JF" OR INJURY WAS CON'{`B|Bl)]`8D TO IN ANY VV&`/ 8Y ]]}|I N|%]i|(}FIN CE' OR FAULT OF Tf IF' (]Wy4K}l, ITS (}9P]CEKS, AGHNl`8, BMP|/]YYBS` OR RDPkDSENTA1l\/}lS, OR /\KCl{[[6C'[8FIMOlNI R AND ITS Uy;)CFRS, A.Gl�N'[S, EMPLOYEES, OR RL8PRFSFK[A'[|\/PS. In the event of conflict with any other indemnity paragraph in this Contract, this paragraph controls.This indemnity paragraph is intended solely fior the benefit ofthe parties to this Contract and is not intended to orou10 o/ ()ran[ any rights, contractual or otherwise, to or for any n1ho, person or entity. '[he Contractor shall furnish the Owner and the Arch itoot/F.nginourwith cvidomuo of insurance au[Doiun1 to cover pnyyib|o damage or i�jury, Which insurance ahu|| either include the Owner and the /k,ohi1Co(/�lnginour as additional insureds or be sufficiently broad in coverage as in Fo||y protect the Owner and the /\ncbi(oo{/l,"ngincor. All explosives shall be stored in aau[band aoouro manner, Under the care ofacompetent vvu1chnmuo at all iimom` and all ainr4go places mhu|| be marked o|om/|y "|}/\NGFRO0S- E%T»l.OS|\/ES.''The mothndo[sto,ingand handling explosives arid highly flammable mu(uriu{m ohu|| cook)rm to Federal and 3icdn |uvvy, City o[ (}oninn ordinances, and ihn City n[ Denton |lro Dopodmcn( rcAu|uiione. The Contractor ybu|| nnb[v any telecommunications and public ud|iiyuompmny arid any private property owners having xbuotu»um in the proximity of |hc P 'od Site of the Contractor's intention to use explosives, and auoh notice abu|| be given sufficiently in advance to unuh|o the telecommunications and public utility companies and private property owners to take R|/P1/ 5563 sudh dopo as they may deem necessary to protect their property from injury. The notice mha|| not relieve the Contractor of' any nuypunmihi|ih/ [hr damage resulting Unm any blasting operations. (0 The (�m6ruck>r mhdi promptly rernedy dmnlugo and |ooa (other than damage or loss inaurod undor property insurance required by the Contract D0uumu111m) to property ru[brrod to in Clauses 10.2(u)(2) and 10.2(u)(3) caused in vvho|o or in part by the Contractor, u Subcontractor, uranyone directly or indirectly employed byany o[\hon,nr by anyone [hrwhose acts they may be liable and for which the Conkrauim' is roeponxib\e under C|uuaco 10.2(u)(2) and )0.2(o)(3), except damage or |uya uiihbuioh|c to mo1a or omissions of the Owner ur/\,o&iieot/Unginecrur anyone directly or indirectly employed by either of' them, or by anyone for vvhoxc ucio either o[ihum may be liable, and not o1bibu(ub|u to the fault or negligence o[1be Contractor or any n[i1a Subcontractors, The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.19. To the extent that any such damage or |omo may be covered by property insurance or other insurance required by the Contract l}ooumunta, the Owner and the Contractor shall exercise their bua1 o[Thdo to make u claim and obtain recovery from the insurers to provide For the 000L in whole or in pod, u[<ho repair vvn,k or to provide for reimbursement (or such dmnugonr loss. (g) The Contractor shall designate uresponsible member ofthe Contractor's organization at the site pduzmo duty shall be the prevention of' accidents. This person shall be the Cmmtruc1nr`o yuporiobcudoat unless otherwise designated by the Contractor in writing to the Owner and Architect/F"rigineer. (h)lhe Contractor shall not load or permit any pad of' the Work or the Project site to be loaded xu ma1oendanger its xafieiy. 10.3 EMERGENCIES In an emergency al'Ibeting safety, health, or security of'persons or property, the Contractor mhu|| act, at the Cuobacinr`m discretion, to prevent threatened dmnuge, injury, or )nmm. /\ddiduoa| compensation or extension oftime claimed by [tic Contractor on auuounio[un emergency shall be determined as provided in Paragraph 4.3 and Article 7. 10.4 PUBLIC CONVENIENCE AND SAFETY (a) The Contractor shall place materials stored about the Work and shall conduct the Work at all dmcm in u nnmncr that cuomom no greater obstruction to the public than is considered necessary hvthe Owner, Sidovvo|km or streets abu|| not be obstructed, except by special permission o[ihu ()vvoor. The materials cauuvu(cd and the ooVsiruuiimu materials orplant used in the performance o[1hc Work shall be placed in u manner that duoe not endanger the Work or prevent Uro access to all On: hydrants, vvaLur mains and appurtenances, water valves, gas valves, munhn|uo for the telephone, telegraph signal or c|m:bic conduits, vvox(ovvak:r rnuina and appurtenances, and fire a|oon or police oa|| boxes in the vicinity. (HThe Owner reserves the right to remedy any neglect onthe part o[the [bntmdmin regard to public convenience and safety which muycome (othe Owner's attention, after ivvon1y-1`61.11-(24) hnom notice in writing to the Contractor. In oaaoofan cnooq}cncy, the Owner shall have the right to innmodiaiu|y runnudy any neglect without notice. In ddho, case, the cost o[uny work done bythe Owner to remedy thuCon1rVc1or`a ne�|eu|mhu|| be deducted Unm the Contract Sum. The Contractor shuH notify the City 1`nuOio Control |)upndnnCn1 when any street is to be closed o,obstructed. The notice shall, in the case o[major thorouDh[bnomu,xivcci upon which transit lines operate, be |bdy-oight (48) houn in advance. The Owner reserves the right inpostpone orprohibit any closure or obstruction o[any streets o,thoroughfares to the extent necessary [br the amfb1y and buueUi of the traveling public. The Coninxo|ur ahu||, when directed by the /kmhii:ut/Engincer or the {)vvuor, kuqr any xio:ot or atvuota in condition For unobstructed use by City departments. When the Contractor iurequired to Construct temporary bridges o, make nHho|' unnngmnonim 11or crossing over diiubon or around sio/uh/,ua, the Coubmokor"a responsibility |or accidents shall include the roadway eppruuohox as well as the crossing x\,uotu,ea. 18.5 BARRICADES,LIGHTSAND WATCHMEN |f|he Work is carried on or adjacent to any street, u]|uy or ooh|io p|uoo the Contractor oho|i at the Contractor's own cost and expense, flunnioh, o,eu\ and maintain eufficicn1 barricades, [oouoo, |iub1m and danger signals, mbu|| provide sufficient watchmen, and abu|| take such other precautionary onoumuros as are necessary |b, the protection of" persons or property and of the Work. All barricades ahu|| be painted in a un|n, that will he visible at night, shall indicate in bold |ctico thereon the Contractor's nuono and xhu|| be i||unuioaiod by lights from sunset to ounrioC. '/`hc1crno '"|ighto,",uo used in this Paragraph, shall oneuo Ourcm, flashers, or other illuminated devices. /\ mufQoioni number of barricades with adequate markings and directional devices shall also bem'eutod (okeep vehicles finm being driven on urinto any Work Under construction. The Contractor will be bo|d responsible [br al dunnage to the Work duuin failure o[barricades, signs, |ightm and watchmen to protect the Work. Whenever evidence is [bund OF such damage, 1beA,chiieot/Buginccr may order the damaged portion immediately removed and replaced hythe Contractor u1Contractor's cost and expense. The Coniruo1or'aresponsibility for maintenance o[buoicmdem, signs, and lights, and fb, providing vvubhmoo, ahu|| not cease until the Project has been |ioV||y accepted by the (}vvuor. 10.6 P0BLIC0TILI-riES AND OTHFIZ PROPERTIES TO 13E CHANGED In ouac it is nuuoamu,y to change or move the property of the ()vvnor or o[ any hc|euVnonounioationm or public utility, nuuh property uhu|| not be removed or inier6rcd with un(i| on|ovud to do so by the /\o:hiioct/Fugioour. The right is reserved to the owner of any public or private utilities to cmLor upon the Project site (or the purpome of' making such changes or oopuira n[ihoir property that may become oeccyum,y during Lho por[brmunou u[ the Work. The ()vvnor rumorvco the right of entry upon the Project site For any pu,pooC, including repairing or relaying aovvcr and vvu1er lines and appurtenances, repairing yhuoiunow, and For making other repairs, changes, or extensions to any of the [)vvncr'y property. The ()vvno,'x actions xhu|| conform to the Contractor's current and approved mohedo|o [hr the performance o[\hc Work, provided that proper notification of' schedule M�� requirements has been given to the Owner by the Contractor. 10.7TEMPORARV STORM SEWER AND DRAIN CONNECTIONS When existing storm sewers or drains have to be taken up or removed, the Contractor shall at his own expense provide arid maintain temporary outlets arid connections kxu|( public and private yb/nn oevvem and drains, The Contractor xhui| also take care o[ all u\nrno u:vvugo and drainage which will be received from ihoao a\ornu drains arid oovvom; K7rtbim Purpose, the ("ontrau1or ahu|| provide and maintain, at the Contractor's own expense, adoQuu(u pumping [boi|i1iva and temporary ouiloim or diversions. The Contractor shall, at the Contractor's own expense, construct muoh troughs, pipes, or other mbuck|rcx n000aaury and mho|| bnprepared uiall 1i/nem Lndispose n[oiorm drainage and sewage received 0ronm these temporary connections until such time umthe permanent connections are built and in service. The existing storm sewers and connections shall be kept in service arid maintained undcr the CunbuoL except where specified or ordered to be abandoned by the &ruhiiect/Foginooc /\|| donn vvok:, and sewage xhu|| he disposed of in u euiiu|bo1nry manner so that no nuisance is o,eu1od and that the Work undo, cnnoin|o1iom will be adequately protected. 10,8 AR�N�ME�AND ��W��R�R��ED�v n�OWNER; ELECTRICITY FOR THE PROJECT (a) When the Contractor desires to use the Owner's water in connection with the Work, the Contractor shall make complete arid satisfactory arrangements with the Denton Water Utilities Department and ahu|| be n:apwnnib|c k)rthc cost oFthe water the Contractor ommm. VVhe[c meters are used, the charge will bcu1the regular established |vde| where no meters are used, the charge will be as prescribed by City ordinance, or where no ordinance applies, payment shall be based on ombomaios made by the |)ooioo Water Utilities Department. (b) The Contractor shall make complete mW satisffictory arrangements for electricity and metered u|uokioa| onnmeo1immm with the Owner nr with [>mnk>o Municipal U|octrio in tile event that separately metered electrical uunnooduno are required for the Project. The Contractor shall pay for all electricity used in the porfhrmunuo o[ the Work through separate metered electrical connections obtained hythe Contractor through the City of' Denton. 10.90SE OF FIRE HYDRANTS The Contractor, SubourUrooino, and any other person working on the Pujooi mhu|| not Open, turn o[[ inkcr[en:wkh, uUuoh any pipe urhosoto, nrconnect anything with any Uno hydrant, ok/p Yu|vo, or y1np cock, or tap any vvoLor main belonging to the (}vvnor, on|oao duly authorized to do on by the Denton VVaic, Utilities Department in uconn]anoe with the Denton City Code. RpT8556] 10.10 ENVII]RONMENTAL COM13LIANCE (a) The Contractor and its Subcontractors are deemed to have made themselves fiarnifiar with and at all times shall comply with all applicable federal, state or local laws, rules, regulations, ordinances, and rules orcornmon law now in effect (including any amendments now in effect), relating to the environment, I lazardous Substances or exposure to I lazardous Substances, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of' 1980, 42 U.S.C.A§§ 9601, ct seq.; the I lazardous Materials Transportation Act, 49 U.S.C.A. §§ 1801, et seq.; the Resource Conservation and Recovery Act of 1976, 42 UXC.A. §§ 6901, et seq.; the Federal Water Pollution Control Act, 3_3 ) U.S.C.A §§ 1201, et scq.; the Toxic Substances Control Act, 15 U.S.C.A� §§ 2601, et seq.; the (,']can Air Act, 42 U.S.C.A §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.SE.A. §§ 3808, et seq., and any current judicial or administrative interpretation of" these laws, rules, regulations, ordinances, or rules or common law, including but not limited to any judicial or administrative order, consent decree, or judgment affecting the Project. (b) In the event the Contractor encounters on the site materials reasonably believed to be a I lazardous Substance that have not been rendered harmless, and removal Of' Such materials is not a part of the scope of Work required under the Contract DOCLIMents, the Contractor shall immediately stop Work in the affected area and report in writing the facts Of Such encounter to the Arch itect/Engincer and the Owner. Work in the affected area shall not thereafter be resurned except by written order of the Owner unless and until the material is determined not to be a Hazardous Substance or the I lazardous Substance is remediated. The Owner may choose to remediate the Hazardous Substance with a separate contractor or through a Change Order with the Contractor. If the Owner determines that the Hazardous Substance exists in the affected area due to the fault or negligence of the Conti -actor or any or its Subcontractors, the Contractor shall be responsible for remediating the condition at the sole expense of the Contractor in accordance with the Contractor's Al.' P R OY I "I I .. .... .. ... .... ..... Spill Remediation Plan. An extension of the Contract Time for any delay in the progress schedule caused as a result orthe discovery and rernediation of a I lazardOLIS Substance may be granted by the Owner only if all remaining Work on the Project must be suspended and the delay cannot be made LIP elsewhere in the progress schedule. Any request for an extension or the Contract Time related to the discovery and remediation of a Hazardous Substance is subject to the provisions of Paragraph 4.3 and Article 8. (c) The Contractor shall be responsible for identification, abatement,, cleanup, control, removal, rernediation, and disposal of any Hazardous Substance brought into or upon the site by the Contractor or any Subcontractor or Supplier, The Contractor shall obtain any and all permits necessary for the legal and proper handling, transportation, and disposal of the Hazardous Substance and shall, prior to undertaking ally abatement, cleanup, control, removal, remcchation, and disposal, notify the Owner and the Architect/Engineer so that they iriay observe the activities; provided, however, that it shall be the Contractor's sole responsibility to comply with all applicable laws, rules, regulations, or ordinances governing the activities. RrT 115563 kA Spill Prevention Plan, At |cmxi seventy-two (72) hours prior to uonlmcnoin& performance n[anyu[1he Work at the Pn!^coisite, the Contruckxshall auhmiL to the Owner |hroovio�vand approval nSpill Pnovoudonand Response Plan (SPRP)onouLing the requirements o[ hbdunx| and duto |uvv, rules, and regulations. The SPDP shall be mpcoiu||y designed 6»rLho Contractor's planned work methods and procedures. The SPRPahai| be designed iocomplement all applicable safety standards, fire prevention regulations, and Pollution prevention policies and poncuduncw.'file SPkPshall include oaiirnu(oa o[ the quantity and ruic o[ Dovv Should cquipnucn( [uiL and detail containment or diversionary structures in prevent spills 0mnm leaving the site or migrating into adjacent properties or navigable vvu1cm. The SPRP shall include onc<hndo of recovery of spilled ma1o,iu|m and all applicable bmon1y-fhur (24) hour emergency phone numbers, including ;vi1huui |i(ni\uiioo that of' the Uv/oer"o Project Manager m^other designated representative. The Contractor ohu|| not commence any field work prior to approval Of Such plan by the {}vvuc,. The [h||ovviug additional n||eo ohui| apply with respect to spills ouuacd by the Contractor oruSubcontractor: (|) The Contractor shall immediately report any spill nrrelease at the Project site, whether or not it is associated with this Contract, to the ()vvncr`m project K4mougur o, other designated representative. 1`bcruuUer` within two (2) working days a8er the occurrence of such event, the Contractor mba|| submit u written ,oymd describing such event in ndogreon[do<ui| reasonably acceptable io the Owner, /2\ The Contractor shall innrnuliatck/ respond in 0000rduooe with the SPKP in the event of a spill. (3)The Contractor shall dispose o[spilled materials in accordance with |PAmnd Texas Commission :n 8nvironmuntal Oua|ity(�|,Q) regulations and any other applicable federal, state, or local iuwo, rules, or regulations. In connection with such disposals, the Contractor shall use only those transporters and disposal facilities that are approved in udvmooc in writing by the Owner. /\ copy of all bommyod ouomi[emiu for the spilled ma\edu|a shall be obtained and nduined in the Con{,uo1or`a ,000n]s for reference purposes, to be provided upon request of the Arch itoo1/Fngincmr, the ()vvnor, o, any governmental regulatory agency with jurisdiction over the mutter. ALL C0S1-S OF CQ[L|�C1][)N, C()YV'[/\{NK4KN'|`, AND D|SP{)S/\1. OF SP|i[|%} M/\'[8R|/\|.S S>|/\|.(. BE THE S[)1.8 NA For purposes n[ this Subparagraph (c) the 1enn °xniU" includes any kind of environmental discharge or release. (c) Qeoo Air Mkmugenon1 Plan. The Contractor mhuU comply with iho Clean Air Management Plan submitted to and approved bythe Owner during the contractor oc|ouiion process. The Owner reserves the right, at the Contractor's sole expense, in reqUirc the removal or retrofitting ol'any equipment used in the Course of`conStrUCtiOFI that does not comply with the Plan Submitted inand approved bythe Owner, /0 The Contractor shall deposit surplus or waste excavation or other materials removed as part of' the Work at a legal disposal site in accordance with all applicable state, federal, and local laws, rules, regulations, and ordinances. The Contractor shall Submit to the Owner for review and approval all planned disposal sites or proposed uses for the surplus Or waste excavation or other materials prior to removal of any excavation or other material From the Project site. A copy of all transport manifests for surplus or waste excavation or other materials shall be obtained and retained in the Contractor's records for reference purposes, to be provided upon request to the Architect/Filgineer, the Owner, or any governmental regulatory agency with ,jurisdiction over the matter. (g) The Contractor is responsible for obtaining all TXPDVIS Storm Water Permits firorn TC11,Q for construction ofthe Project under regulations contained in 40 CFR Part 122, as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. These regulations require the filing or a notice of intent to obtain and abide by the general storm water permit for construction activities promulgated by EPA, including but not limited to cleaning, grading, and excavation that disturb the applicable amount of total land area. In addition, the Contractor shall comply with all regulations of the Owner relating to storm water and storm water runoff management at the Project site Pursuant to Chapter 19, Article IX, Denton City Code, as amended. (h) The Contractor shall not install any materials in the performance of" the Work that contain asbestos or asbestos -related material such as hydrated mineral silicate, including chrysolite, arnosite, crocidolite, trernolitc, amhophylite or actinolite, whether friable or non-firiable. (i)The Owner reserves the right in its sole option to exercise the l"ollowing remedies (without waiving the right to pursue the imposition of any civil or criminal fines or penalties that may be imposed under state, federal, or local laws or ordinances), at no additional cost to the Owner and Without an extension of the Contract Time, in tile event the Contractor fails or refluses aller seven (7) days advance written notice from the Owner to comply with the provisions of this Paragraph 10.10, the terms ofthe SPRI-1, the terms of the Clean Air Management Plan, any storm water permit or other environmental permit issued in connection with the Work, or any applicable env iron mental law, rule, regulation, or ordinance: (1) suspend all or any portion of the Work until the noncompliance is corrected, or until a detailed plan to achieve compliance within a reasonably prompt period of time is prepared by the Contractor and approved by the Owner; (2) if the Contractor fails to property address the noncompliance within the tune stipulated by the Owner, perform the necessary remccliation or correction work and backcharge the Contractor fior the cost of the reniediation or correction; or (3) terminate the Contract for cause as provided in Article 13. ARTICLE I I INSURANCE, AND BONDS 11. 1 CONTRACTOR'S INSURANCE RFP // 5563 Contractors shall refer to Fxhiblt F' for all City ol'Denton uISUrance reqUircrnentS. 11.2D�ROPERTY INSURANCE Contractors ohu||vck;riuExhibit F for a||City o[lJuntoninsurance ,cqoiremcmb. 11.3 'UMBRELLA' LIABILITY INSURANCE Contractors shall refer to |�xhibit F for all O1yo[DemLon iDxumncs requirements. 11^4POLICY ENDORSEMENTS AND SPECIAL CONDITIONS Contractors shall refer ioExhibit [ for all City o[Denion'insurance requirements. 11,6 PERFORMANCF AND PAYMENTBONDS (a) Subject to the provisions Of Subparagraph ||3(b) the Contractor shall, with tile execution and delivery o[1heConstruction Services Agreement, 0mnnixh and file with the {)vvn*r in the amounts required in this Paragraph, the oux:iy bonds described in C|uuxee (a)(|)and (u)/2\below, which Surety bonds shall be in accordance with the Charter oil 'tile City of Denton and the provisions of Chapter 2253, '[ezam Government Codc, as amended-, each bond shall be signed by the Contractor, as Principal, and by an established bonding company, as surety, meeting the requirements of Subparagraph ( 1.3(c) and approved by the [>vvn*r. The auroiy bonds ohu|\ he uou000punicd by an appropriate Power -of -Attorney clearly establishing the extent and limitations of. 'the authority of each signer to so sign - (|) Performance Bond. &good and sufficient bond inan arnouotcqualN|00%n[the total Contract Sum, guaranteeing the ho|| and faiihGu| execution of' the Work and por[hnnuooe of' the Cnobaoi in accordance with Plans, SpedDuai\nno and all other Contract l)oounnoots, including any /\moeodnmunb thereof', For the protection of' the {}vvnur. This bond xhm|| also provide for the repair and maintenance ofall deflects due to [yuiiy noaLeriu|a and workmanship that appear within upuriod o[1vvo (2) year from the do10 of final completion and ouuepiooce o[Lho improvements by the Owner or lesser or longer periods as may be otherwise designated in the Contract Documents. (2) Pavnooni Bond. /\ good and sufficient bond in an ul,nourtoquu| to |00Y6o[dhetotal Contract SUM, guaranteeing the [u|| and prompt payment o[all claimants aupp|ying labor or materials in the pnoScCuLion of the Work provided for in the Contract Documents and any &muodrnonb thereto, and [or the use and protection of' each ([) IF the Cmniruo( Sum, including ()vvn u|{ornutos and aNn\Yunoum i[ any, is greater than $100,080, Performance in |OD% of the Contract Sum are mandatory and ohu|| be provided by the Contractor, If the Contract Sum is gnou(ur than $50,000 but |*ya than or equal to $100`000, only a Puynnun| Bond in 180Y6 of the Contract amount is rnuodu1ury; provided, however, that the Contractor may elect to [brnish a 9crk,rmonuo Bond iuthe same amount i[UhcContractor eochooses. |[ihcContract Sum is |oym than or equal to $25,000, the Contractor may elect not toprovide Per6ormunceand Payment Bonds; provided that in such event, no money vviU be paid to the Contractor until Unu completion and acceptance o[ all work by (}vvnor. If' the (lxd,ucor u|ouLe to provide per[hnnunoound Payment Bonds |O0%o[thutotal Coni,uoi Gum, progress payments in accordance with these General Conditions shall hedisbursed. (c) No surety will be uoocoiod hvthe Owner who is now in default ovdelinquent mn any bonds nrwho ixuparty to any litigation against the Owner. All bonds shall bemadcand oxoco\ud nnthe Owner's standard forms, aho!| be approved bythe Owner, and obo|| be executed by not |ooa than one corporate xu,o1y that is authorized and admitted to do business in the Sin1oo['[oxus, is licensed by the SiuLo o[]`exauto issue surety bonds, in listed in the most current United States Department o[ihcTreasury List of" Acceptable Sureties, and imotherwise acceptable io the Owner. E.moh bond shall be executed by the Contractor and the surety, and Vhu|| opeciFvthui legal venue 6or onhn,uom:n|o[each bond ohu|| lie exclusively in i}cuinn County, Texas. Fuuh surety shall designate un agent resident in Denton County, l`cxon to whom any requisite aiak|1ory nu(iuou may be delivered and on whom service of' process may be had in matters arising out of the suretyship. () The person or persons, partnership, company, firm, ljnmdud Liability Company, momooio\inn, corporation, or other business entity to vvbom thoCnn(cuct is awarded uhu|L within ten (10) days u8or such award, sign the required Cnninzci with the [)v/nor and provide the necessary muru(y bonds and evidence of insurance as required under the Conti -act Documents. No Contract ahail be binding on the ()vvnor until it has been approved as to Form by the City /\i(nrncy" ozooutod for the Owner by the City Manager, the por[hrnouncc and payment bonds and evidence ofinaoruo:c have been Durniahed as required by the Contract Documents, and the k/||y executed contract has been delivered Lothe Contractor. (e) The failure o[dhn Contractor to oxcuuLo the Contract or deliver the required statutory bonds and evidence of insurance within ten (10) days aller the Contract is awarded or as soon dheroa0or as the [)vvnur can mamocnh|c and deliver the Cnn1rao| shall constitute u mnluriu| bncuuh ofthe Contractor's bid proposal and the Owner may rescind the Contract award and collect nrretain the prncecdxu[1hu bid security. By reason Of the uncertainty V{(ho market prices or nou1oriu!u and labor, and it being impracticable and di[5ou!i to determine accurately the amount o[damugem oocurrinQ to the {}p/ncr by rcuaoo o[iho Cun1rmzimr'u hui|uro to czocu<o and hurnimh the statutory bonds and to sign the Contract within ten (10) clays, the fi<\ngnfa bid proposal with the accompanying bid security will be considered as on acceptance of' this Subparagraph ||3(c). In the event the 0vvnor should re -advertise k>r bids, the defaulting Contractor shall not hceligible (obid, and the |uvvoy| responsible bid obtained in the ,e-udvcdiaemuntohu|| be the bid rc|6rred to in this Paragraph. ARTICLE 12 DEFECTIVE AND NONCONFORMING WORK 12.10NCOVERING OF WORK M/U"85563 (a) If portion of the Work is covered contrary to the Architect/Hilginecr's request or to requirements specifically expressed in the Contract Documents, the Work must, il' required in writing by the A re h i t ee I/ Ill g i n cer, be uncovered for the Archilect/Engincer's observation and be replaced at the Contractor's CXIMISC Without change in the ContractTinic, (b) If a portion of the Work has been covered which the Architect/l,'Algincer has not specifically requested to observe prior to it being covered, the Architect/Prigincer may request to See Such Work and it shall be uncovered by the Contractor. If Such Work is in accordance with the Contract DOGUnients, Costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. 11 any Work is not in accordance with the Contract Documents, the Contractor shall pay the costs of uncovering, repair, replacement unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK (a) The Conti -actor shall promptly correct Work rejected by the Architect/l,"rigineer as failing to conform to the requirements of the Conti -act Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. rl,l,, Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Arch itect/Ungincer's services and expenses made necessary thereby. (b) 1'any of the Work is found to be detective or nonconforming with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Architect/Engineer or the Owner to do so unless the Owner has previously given the Contractor a written acceptance or waiver of the delbet or nonconformity. The Contractor's obligation to correct detective or nonconforming Work remains in effect for: (1) one year after the date ot'Substantial Completion of the Work or designated portion of the Work-, (2) one year after the date for cornmencernent ol'warrantics established by agreement in connection with partial Occupancy tinder Subparagraph 9.8(a); or (3) the Stipulated duration of any applicable special warranty required by the Contract DOCUments. (c) The one-year period described in Clauses (b)(1) and (b)(2) shall be extended with respect to portions of the Work performed, repaired, or corrected after Substantial Completion by the period of time between Substantial Completion and the actual completion of the Work. (d) The obligations of" the Contractor under this Paragraph 12.2 shall Survive filial acceptance ol'the Work and termination of this Contract. The Owner shall give notice to the Contractor promptly after discovery of'a deflective or nonconforming condition in the Work. The one-year period stated in Clauses (b)(1) and (b)(2) does not firnit the ability of the Owner to require the Contractor to correct latent detects or noncon form i ties in the Work, which defects or noncon forin i ties could not have been discovered through reasonable diligence by the Owner or the Architect/I - 'ngincer at the time the Work was performed or at the time of inspection for certification of Substantial Completion or final Cornpiction. The one year period also does not relieve the Contractor from liability for any defects or deficiencies in the Work that may be discovered after the expiration of the one year correction period. (c) The Contractor shall remove from the Project site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. If the Contractor fails to correct defective or nonconforming Work within a reasonable time after notice from the Owner or the Architect/Frigincer, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of defective or nonconforming Work within a reasonable time fixed by written notice from the Architect/Engineer, the Owner may rernove or replace the defective or nonconforming Work and store the salvageable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of rernoval and storage within ten days after written notice, the Owner may, upon ten (10) additional days written notice, sell the materials and equipment at auction or at private sale and shall account forte proceeds after deducting costs and damages that should have been borne by the Contractor, including compensation for the Arch itect/Engineer's services and expenses made necessary as a result of the sale, 14" the proceeds of sale do not cover costs which the Contractor should have borne, the Contract SUM shall be reduced by the deficiency. If payrncnts due to the Contractor then or thereafter are not sufficient to cover the deficiency, the Contractor shall pay the difference to the Owner. (g) The Contractor shall bear the cost oil' correcting destroyed or damaged construction of the Owner or separate contractors, whether the construction is completed or partially completed, that is caused by the Contractor's correction or removal of' Work which is not in accordance with the requirements of the Contract Documents. (h) Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have Under the Contract Documents. ["stablishrrient of the one-year time period as described in Subparagraph 12,2(b) relates only to the specific obligation of the Conti -actor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be crif'orecd, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. (i) Any Work repaired or replaced pursuant to this Article 12 shall be Subject to the provisions ofArticle 12 to the same extent as Work originally performed or installed. 12.3 ACCEPTANCE OF NONCONFORMING WORK SIMON= The Owner may, in the Owner's sole discretion, accept Work which is not in accordance with the requirements of the Conti -act Documents instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. The adjustment will be accomplished whether or not final payment has been made. ARTICLE 13 COMPLETION oFTHE CON'1'1!A(,"l';'I'I?RMINA'rION; ,rEmi3Ol�AIZY SIJS13ENSION 13.1 FINAL COMPLETION OF CONTRACT The Contract will be considered completed, except as provided in any warranty or maintenance stipulations, bond, or by law, when all the Work has been filially completed, the Final inspection is made by the Architect/Frigincer, and final acceptance and final payment is made by the Owner. 13.2 WARRANTY FULFILLMENT Prior to the expiration of the specified warranty period provided for in the Contract Documents, the Arch itect/Engi neer will make a detailed inspection of the Work and will advise the Contractor and the Contractor's Surety of the iterns that require correction. The Architect/Engineer will make a subsequent inspection and if the corrections have been properly performed, the Architect/E'rigincer will issue a letter of release on the maintenance stipulations to the Contractor and the Surety. If for any reason the Contractor has not made the required corrections before the expiration of the warranty period, the warranty provisions as provided for in the Contract Documents shall remain in effect until the corrections have been properly performed and a letter of release issued. 133TERMINATION BY THE OWNER FOR CAUSE (a) Notwithstanding any other provision of these General Conditions, the Work or any portion of the Work. may be terminated immediately by the Owner for any good cause after giving seven (7) days advance written notice and opportunity to Care to the Contractor, including but not limited to the following causes: I ) Failure or refusal of the Contractor to start the Work within ten (10) days after the date ofwriften notice by the Owner to commence the Work, (2) A reasonable belief that the progress of the Work being made by the Contractor is insufficient to complete the Work within the specified time. (3) Failure or refusal of the Contractor to provide Sufficient and proper equipment or construction forces to properly CXCCLite the Work in a timely manner, (4) A reasonable belief that the Contractor has abandoned the Work. (5) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise financially unable to carry on the Work. [ZF'P 1/ 5563 (6) Failure or refusal on the part of" the Contractor to observe any requirements ofthe Conti -act Documents or to comply with any written orders given by the Architect/Frigincer or the Owner as provided for in the Contract Documents. (7) Failure or refusal ol'the Contractor to promptly make good any detects in materials or workmanship, or any detects of any nature, the correction of which has been directed in writing by the architect/Engineer. (8) A reasonable belief by the Owner that Collusion exists or has occurred for the purpose of' illegally procuring the Conti -act or a Subcontractor, or that a ImUd is being perpetrated on the Owner in connection with the construction of Work under the Contract. (9) Repeated and flagrant violation of sa1b working procedures. (I 0)The filing by the Contractor of litigation against the Owner prior to completion of the Work-. (b) When the Work or any portion of the Work is terminated for any of the causes itemized above or for any other cause except termination for convenience pursuant to Subparagraph 13,3(e), the Contractor shall, as of the date specified by the Owner, discontinue the Work or portion orthe Work as the Owner shall designate, whereupon the Surety shall, within fifteen (15) days after the written notice of termination for cause has been served upon the Contractor and the surety or its authorized agents, assume the obligations of the Contractor 'for the Work or that portion of the Work which the Owner has ordered the Contractor to discontinue and may: (1) perform the Work with forces employed by the surety; (2) with the written consent of the Owner, tender a replacement contractor to take over and perform the Work, in which event tile surety shall be responsible -for and pay the amount of any costs required to be incurred for the completion orthe Work that are in excess of the amount ol'Funds remaining Linder the Contract as of the time of the termination; or (3) with the written consent ol'the Owner, tender and pay to the Owner in settlement the amount of money necessary to finish the balance of uncompleted Work under the Conti -act, correct existing deflective or nonconforming Work, and compensate the Owner for any other loss sustained as a result of Contractor's default. In the event of termination for cause involving Clause (b)(1) or (b)(2), the Surety shall assume the Conti -actor's place in all respects., and tile amount of (rinds remaining unpaid Under the Contract shall be paid by the Owner for all Work performed by the Surety or the replacement contractor in accordance with the terms ofthe Contract Documents, Subject to any rights of -the Owner to deduct any costs, damages, or liquidated or actual damages that the Owner may have incurred, including but not limited to additional fees and expenses ol'the architect/Engineer and attorneys fees, as a result of such termination. (c) 'file balance o[UheContract 8unn remaining u1the bmncofUx:Contractor's default and o[{ho icnninabnn ohu|| become due and puvuhio to the surely as the Work progresses, subJuc1inall o[1hctunnx, covenants, and uoudiUonso[ihe Contract Documents. |[ihu surety does not, within the time apm:i5cd in 8mhpu:uQruph 13.3(b), uxoroiyo its obligation to uoa/ooc the obligations of the Contract, or that portion of the Contract vvb)ch the Owner has ordered the Contractor iodiscontinue, then the Owner shall have the power to complete the Work bycontract orotherwise, as it muydoecn necessary. The Contractor agrees that the Owner shall have the right botake possession Of Or use any urall o[1he muioriu|m, plant, tools, equipment, aupp|ioa, and property o[ovorykind provided by the Cnniruu1nr For the purpose Of' the Work, and to procure other tools, equipment, labor, and materials lorthe completion o[ihe Work, and to charge to ibe account of' the Contractor the ouponyua of completion and labor, rouduriulo` {nnlx, equipment, and incidental expenses. The expenses incurred bythe Owner to complete the Work xhu|| be deducted by the Owner out of' the hn|unco o[the Contract Sum remaining unpuid to or unearned by the Contractor. '['lie Contractor and the surety shall be |iub|o to the Owner k>r any uoa1a incurred in cxccxu of the balance of' the Contract Sucn [br the completion and correction u[1ho Work, and 6or any other costs, damages, expenses (including but not limited to additional (cex o[ Ulo ArohiLosi/Fngincerand uUorney`a /cca), and liquidated or actual durnagea incurred as result o[|hctermination. (d)'file Owner shall not be required to obtain the lowest bid for the Work o[cornp|di the Contract osdescribed in Subparagraph 13.3(c), but the expenses io be deducted hnm the Contract Sum mho|| be the w:iuu| cost of' such VVork, In case the (lvvoer,m expense is less than dlo xu/n which vvou|d have been Rmyub|u under the Contract, if tile same had been completed by the Contractor, dxou the Owner may pay to the Contractor (or the Surety, in the event o[ o unmp|uio termination for ouuxe) the diNb,eoce in the cost, provided that the Contractor (or the Surety) mbui| not be entitled to any o|aimn for damages orfor loss m[anticipated profits. In case such expenses for completion shall exceed the m/nouo( vvhiob vvuu|d have been payable under the Contract ill' (lie aunne had been cnmnpio1od by the Contractor, then the Contractor and himSun:besshu||puy1bcunnnuniu[thcoxousxio1boOvvncronnotiocA'om1hoQvvner [hr oxoomy due. When only o particular part of' the Work is being carried on by the Owner by onntrmo( or otherwise undor the provisions of this Subparagraph, the Contractor mhu|| continue the remainder o/'the Work in cnn[brmi(y with the b:rnmm of the Contract, and in muob manner as not to hinder or interfere with the performance of' Workmen employed and provided by the Owner. (c) The right to terminate this Conti -act [b, the convenience n[Ubc (}voxr (including but not limited to nooupprnpvio1iom of" funding) is expressly retained by (lie Owner, In the event o[\unnina1inn for convenience, the Owner shall deliver at least tell (10) days advance written notice of' termination [br convenience to the Contractor. Upon |hu Cm8,ac{or`o receipt o[muobwritten notice, [lie Contractor shall cease the pedbnnanoo o[{ho Work and sbu|| take reasonable and appropriate action AoSecure and protect the Work in p|uuu. The Contractor shall then be reimbursed bythe Owner in uouordomco with the ienna and provisions or the Contract Documents, not to exceed uoiuu| labor costs incurred, materials stored at the Pro�lcct site or away firom the Project site as approved by the Owner but not yet paid for, Plus actual, reasonable, and documented termination charges,, if any, paid by the Contractor in connection with the Work in place which is completed and in conl'on-nance with the Contract Documents to the date oftcrinination for convenience. No amount shall ever be due to the Contractor for lost or anticipated profits. 13ATEMPO12ARY SUSPENSION OF rj,j IE WORK (a) The Work or any portion of the Work may be temporarily suspended by the Owner inninediately upon written notice to the Contractor for any reason, including but not limited to: (I) the causes described in Clauses 1 3 ). I (a)(] ) through (a)(] 0) above; (2) where other provisions in the Contract Documents require or permit temporary Suspension of the Work; (3) Situations where the Work is threatened by, contribLuCS to, or causes an inirnediate threat to Public health, safety, or security; or (4) other unforeseen conditions or circumstances. (b) The Contractor shall immediately resume the temporarily suspended Work when ordered in writing by the Owner to do so. The Owner shall not under any circumstances be liable for any clairn of" the Contractor arising from a ternporary suspension due to a cause described in Clause (a)(1) above; provided, however, that in the case of a temporary suspension for any of the reasons described under Clauses (a)(2) through (a)(4), where the Contractor is not a contributing Cause Of the Suspension under one of those Clauses or where the provision of the Contract DOCUMCIAS in question specifically provides that the Suspension is at no cost to the Owner, the Owner will make an equitable adjustment for the following items, provided that a clairn is property made by the Contractor Under Subparagraph 4.3 of these General Conditions: (1) an equitable extension of the Contract Time, not to exceed the actual delay caused by the temporary suspension as determined by the Arehitect/1rigincer and the Owner, (2) an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable costs of' properly protecting any Work that is finished or partially finished during the period of the ternporary Suspension (no profit and overhead shall be allowed on top ofthese costs); and (3) if it becomes necessary to move equipment from the Project site and then return it to the ['reject site when the Work is ordered to be resumed, an equitable adjustment to the Contract SUrn for the actual, necessary, and reasonable cost of these moves; provided, however, that no adjustment shall be clue if the equipment is moved to another Project site of the Owner. RTT /15563 ARTICLE 14 MISCELLANEOUS PROVISIONS 14®1 COVE RNING LAW; COMPLIANCE W11.11 LAWS AND RECrULATIONS (a) This Contract shall be governed by the laws and case decisions of the State or Texas, without regard to conflict of law or choice of law principles of Texas or of any other state. (b) This Conti -act is entered into Subject to and controlled by the Charter and ordinances of the City of'Denton and all applicable laws, rules, and regulations of the State of Texas and the Government of the United States of America. The Contractor shall, during the performance of the Work, comply with all applicable City codes and ordinances, as amended, and all applicable State and Federal laws, rules and regulations, as amended. 14®2 SUCCESSORS AND ASSIGNS 'file Owner and the Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the promises, covenants, terms, conditions, and obligations contained in the Contract DOCUments, The Contractor shall not assign, transfer, or convey its interest or rights in the Contract, in part or as a whole, without written consent of the Owner. If the Contractor attempts to make an assignment, transfer, or conveyance without the Owner's written consent, the Contractor shall nevertheless remain legally responsible for all obligations under the Contract Documents. The Owner shall not assign any portion of the Contract SUm due Or to become due under this Contract without the written consent of the Contractor, except where assignment is compelled or allowed by court order, the terms of the Contract Documents, or other operation of law. 14.3 WRITTEN NOTICE Except as otherwise provided in Article 16, any notice, payrnent, statement, or demand required or permitted to be given under this Contract by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid to the Project Manager or Superintendent or either party, or to an officer, partner, or other designated representative oreither party. Mailed notices shall be addressed to the parties at an address designated by each party, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as orthree (3) days after mailing, 14.4 RIGIYrS AND REMEDIES; NO WAIVER OF RIGHTS BY OWNER (a) The duties and obligations imposed on the Contractor by the Contract Documents and the rights and remedies available to the Owner under the Contract Documents shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or made available by law. (b) No action or failure to act by the Owner shall constitute a waiver of right afforded the RFP It 5563 OwmxUnder (lie Contract Documents, nor dial|any action orfailure toact by the Owner Constitute apprMai o[oracquiescence ioubreach o[dmContract by Contractor,except as may be specifically agreed in writing by Change Order or Supplemental Agreement. 14.5 INTEREST The Owner shall not be |labk: for interest on any progress or final payment to be made under the Contract |}uoumcnbn, except as may be provided by the app}iumh|o provisions of' the ynnnupL Payment /\oL Chapter 2251° '[oxao 0ovonomoni Code, as amended, auhioo1 to Paragraph 9.6(a) ol'these General Conditions. 14.6 OFFICERS OR EMPLOYEES OF THE OWNER NOT TO HAVE, FINANCIAL INTERESTIN ANV �ONTRACTOF,r&m. OWNER Noofficer orump|oyoeo[LhoOwner shall have ufinancial inioroaL direct orindirect, in any Conti -act with the Owner, or be UuanniO||y interested, directly or indirectly, in the sale to the Orvooro[uny land, nooduriulo, muppOca or services, except on bohu|[n[1ho Owner umun officer vremployee. Any violation o[thiourLio|e nhu|| oonoiiiuio mu|houxunue in n[Doe` and an), officer or employee ofOwner guilty thereof shall thereby florlbit his office or position. Any violation of this section, with the knowledge, express o, implied, n[ the person, persons, partnership, company, firm, association or corporation contracting with the Owner shal I render the Contract involved voidable by the Owner's City Manager or City Counci L 14.7VENU)Q This Contract is deonlcd to be po;[brrnud in [looLoo County, Texas, and if legal uodmn is necessary to enforce this Conti -act, exclusive venue shall lie in Denton County, r 1'exas. 14.8 INI)Ei'oENI)EN'I' In porkxlniog the Work uodcx this Conti -act, the relationship between the (}vvnur and the Contractor is that o[un independent cnnbaoio,. The Contractor obu|| exercise independent 'udgnoon1 in performing the Work and is xo|u|y roupoomihh for setting working hours, scheduling o, prioritizing the Work Dovv and determining the means and muu|hudx o[ perSonning the VVn,k, Subject only 1othe requirements n[{hcContract Documents. No term or provision n[Lhia Contract uhu|| be construed as making the Contractor an agent, um'vmmt, or employee of the ()vvner` m'making the Contractor orany o/'ihoConboctor"m employees, 0goo|o, nrservants eligible for the fringe benefits, muoh as retirement, insurance and worker's compensation, which the Owner provides to its employees. 14.9 NONDISCRIMINATION As u condition of' this K}nnLruoL the Contractor covenants that he will take all ncocmyu[y uoiiuno to innurc(hmk, in connection with any work Linder this Contract, the Contractor and its Subunokuctumvvi!| not discriminate in the treatment oremployment o[uny individual or groups of individuals on the grounds of' race, color, no|iginn` national origin, age, sex, or handicap unn:|uiod to job performance, either directly, indirectly or through uoo(ruoiuu| or other arrangements. The Contractor ohu|| also comply with all mpp|ioub|c rcquirCnnon{m o[ the Americans with Disabilities Act, 42 U.S.C.A. §§12101-1221'), as amended. In this regard, the Contractor shall keep, retain and safeguard all records relating to his Contract or ZD Work performed thereunder for a rninirnUrn period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the Owner, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 14.10 GIFTS TO PUBLIC SERVANTS (a) The Owner may terminate this Contract immediately if the Contractor has offered, com[brred, or agreed to confer any benefit on a City of Denton employee or official that the City of Denton employee or official is prohibited by law Fron-1 accepting. (b) For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. (c) Notwithstanding any other legal rernedics, the Owner may require the Contractor to remove any employee of the Contractor from the protect who has violated the restrictions of this Article or any similar State or Federal law, and obtain reimbursement for any expenditures rnade to the Contractor as a result of the improper offer, agreement to confer, or conferring of a benefit to a City of Denton employee or official. ARTICLE 15 RIGHT TO AUDIT CONTRACTOWSRECORDS By execution of the Building Construction Services Agreement, the Conti -actor grants the Owner the right to audit, at the Owner's election, all of the Contractor's records and billings relating to the performance of the Work tinder the Contract Documents, The Contractor agrees to retain its Project records for a minimum of five (5) years following completion of the Work. The Owner agrees that it will exercise the right to audit only at reasonable hours. City may review any and all of the services performed by Contractor under this Contract, Any payment, settlement, satisfaction, or release made or provided during the Course of performance of this Conti -act shall be subject to City's rights as may be disclosed by an audit under this section. ARTICLE 16 NOTICE OF CONTRACT CLAIM This Contract is subject to the provisions oil' the Denton City Code, as amended, relating to requirements for filing a notice of a breach of contract claim against City. Contractor shall comply with the requirements of this ordinance as a precondition of any litigation relating to this Contract, in addition to all other requirements in this Contract related to claims and notice of clairns. Should a conflict arise betw......... een the PO, REP doCU.MCIA., StInInfier terms. or contract. the terms . . . ............ . . . --------- --- . . and conditions set ... fort!i in.thc --- ..... . RFP 115563 EXIIIBIIIIII'D PERFORMANCE 13OND STA'UT'01,'U`UD{AS 8 CO0M'8Y 0F0l�N`U'0M G KN{)YV ALL MEIN 0Y l`(UF8FI PR|!S|lN[|`S.- '|1ho1 Company, LLC whose address is 5002 Hi0way 380, Princeton, TX 75407 hereinafter called Principal, and _ _______ a corporation organized and existing Linder the |uvvso[ihe Sto1eo[ and K|l|yuu(horizod to transact business in the State o['|`oxum,omSurcty, are held and firmly bound Unto the City of' Denton, u municipal corporation organized arid existing Linder the |up/ao[ihu Siu10 of Texas, hereinafter called Owner, in the penal sum of thousand —six -hundred and seven l)OLl./\88 in lawful money o[iho United States, to be paid in Denton C'nuniy, '|`uxax, [hr the payment of which sum well and truly to be made, we huvchy hind ourau|vuu, Our heirs, executors, administrators, ou000xmorx` and assigns, jointly and severally, firmly bythese presents. '|`hix Bond shall uubnmu1iou|\y be increased by the amount o[ any Change Order or Supplemental Agreement, which increases the Contract price, but in no event ahu|| a Change Order or Supp|mnonLo| /\gnuomun{, vvhid) reduces the Contract price, decrease the penal ounm o[thisBnud. ]](k {}8l.KOA1 |{}N TO PAy SA MFI is conditioned as h7|lows: V/hcrcax the Principal entered into u certain Contract, identified by with the City of Denton, the dated the 5th day ol'AUgust A.D. 2014, fcr RFI - 185563 Pre -cast ..... ..... Concrete an d.l....Anda, McNalf Animal Care Center. Y4K)W, I'll 8RDF[}R[� if the Principal mhu}| well, truly and haidhhoUy porknm and 8uUl|| all of the undertakings, covenants, ionmo, conditions and agreements n[ said Contract in ucoonjunoc with the Plans, Specifications and Contract Documents during the original term thereof and any extension thurco[p/hioh may be granted bythe Owner, with Vrwithout notice to the Surety, and during the life o[xny guaranty n,warranty required Linder this Contract, and mhu|| also well and truly pur[hrnu and Fulfill all (ho undertakings, covenants, tcrnno, conditions and agreements of'anyand all du\yauthodzcd noodiDou1ionxoFauid Contract that muyhereafter bo made, notice of' which nmndifiou1innato [lie Surety being hereby waived; and, if the Principal xhu|| repair and/or replace all defects due to b\u|iy rnu1orio|s and workmanship that appear within uporiod of two (2) yuno From the date o[final completion and Unu| uocup1onoo o[ibc Work by the Owner; and, i|'1he Principal shall k/||y indemnify and save harmless the Owner Unmu|| costs and damages which Owner may SuDer by ncusnn o[Failure iu au perk>nn heroin and ohu|| Uu||y reimburse and repay Owner all ou(|uy and expense vvhioll the Owner may incur in making good any dok/u|t or deficiency, then this obligation dlu|| be void-, nLhm'vvixo, it nhu|| remain in R/|| force and eflect. No1p/i1hm{unding any provisions in the contract and/or this bond to the mnuUory, the Surety's liability for any and all guarantees or vmrsudiom o[thu contractor under the contract ohu|| extend fhr u period n[(vvo (2} years from the date n[hnu| completion. /\Dcr that date, the Sunrh/ ahu|| R I P#5563 have no liability for the extended guarantees and or warranties as identified in RFP 5563, Exhibit 2, Section IX or in this Contract, exhibit C, Section 3.5. PROVIDFD FURTI IFIR, that ifany legal action be filed upon this Bond, exclusive Venue shall lie in Denton County, State ofTexas. rl,l 11,, R, that AND PROVIDHD FUR the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension Of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes Of the State ofTexas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whore any requisite notices may be delivered and on whorn service of process may be had in matters arising Out 01" Such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of" Texas, IN WITNESS WI IF'REDF, this instillment is executed in three copies, each one of which shall be deemed an original, this the day of AT'IFFST: PRINCIPAL .. . ............... BY: SECRETARY BY: MMIMMMMM MTF S'11': SWRETY M M MTORNFY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: EMM STRET'TADDRFSS° (NOTE.- Date of '11qfbrmanee Bond nuist be date q 'Contract. tf Resident Ag'ent is not a corporation, !f give a persons name°) M�� EXH1131T 1) PAYMENTBOND S8ATDOF''U'llQXAS COQNDX OFD|DN'UUN KN(}VV /\iL K4KN 8Y THESE' PNFI0DN1S: Thck Company, LLC nscadd/oym is ,hur�ou�c,md�d Principal, and oomrporakion organized and cuiudug undC,tho |mwx of the State o[ _ and Fully authorized to iraoono1 business in the State o['|`czux, as Surety, are bu|d and fino|y bound unto the City of Denton, a munici9o| corporation organized and existing under the |avva ofthc S1o10 o{'[esau, hereinafter cu|/od Owner, and unto all persons, Drnlm, and corporations who may furnish materials for, or por[brm labor upon, the building or improvements heocinurterro(erred to, inthe penal aunn Of |hmndrec[-�[�t}z�^ hLdo�lsaMc[ �ia hundred _nod_scveI_ 8[)|.|./\RS in |uvv[bl nnoneyn[Uhe United States, to be paid in Denton, County, Texas, [hrthe payment o[vvbioh yumo well and truly to be nnudc, we hereby bind ourselves, our heirs, executors, administrators, moocoounrx" and umyi&ox, 'uimUy and muvcru||y, firmly by these presents. '['his Bond shall uctnnnu1iou|\y be increased by the amount of' any Change Order or Supplemental Agreement which inurcuyoo the Contract price, but in no uYcni mhu|i o Cbumgo Order or Supplemental Agreement which reduces the Conti -act price decrease the penal oumnofthis Bond. TI8OBLKOATION TO PAY SAMUimconditioned as [Ol|ows: Whereas, the Principal entered into a certain Contract, identified by with 1he City of' Denton, tho Owner, dated the 51bday ofAugust /\]). 2014,k)r Securitv/Screenina Fence Construction Services al Pocknis and McKinnev Flectric Substations N{)W,T|UFIK8y[}K|I, if the Principal xhu]| well, truly and hai1hhuUyper6mnx its duties and make prompt payment to all persons, firms, suboonkucLoo� oo,pno1iuno and claimants supplying labor and/or material in the pn)xeou(im/ o[(hc Work provided [br in said Contract and any and all duly authorized modifications n('aaid Contract that may hereafter be made, notice of which modifications to the Surety being hereby cxp|nmm|y vvuivcd` 1Aon this obligation uhd| be void-, otherwise it shall remain in flull force and effect. PR[V|QFD PUR|1|RR, that )[any legal action be filed on this Bond, exclusive venue shall lie in Denton County,Tcxas. AND PR(}V{DRU yU6CDUIFL that the said 8uroiy, 6or value received, borhy ubpu!u1oy and agrees that nochange, extension oil' time, alteration Vraddition tothe \ormxo[dbuContract, or to the Work to be por6xrmed ihercundo� or to the Plans, Specifications, Qruvvingm` eb:, accompanying the nunnc, abu|| in anywise affect its oh|i�adon on this Bond, and it does hereby waive notice u[any such change, extension of time, alteration or addition inthe terms o[the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, c1o. RF11 1/ 5563 This Bond is given pursuant to the provisions ofChapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State ofTexas. The undersigned and designated agent is hereby designated by die Surety herein as'the Resident Agent in Denton County to whom any reqUisite notices rnay be delivered and on whorn service ofprocess may be had in matters arising OLIIt Of Such surrety, as provided by Article 7. ➢ 9-1 of the Insurance Code, Vernon's Annotated Civil Statutes ofthe State ofTexas.. N WHNESS W11L.RL"OF, this instrument is executed in three copies, each one of'which shafl be deemed an original, this the _ day of Al'nl's'r: PRINC11PAL BY. ..................... . ... SFI'CR.F'TARY BY: PRESUDENT AYFEST: SURFIN MM BN ATTORNEY-M.-FACT The Resident Agent of the Surety in Denton County, Texas -for delivery of notice and service of the process is: I STRE1.11'r ADDRFSS; (NOTE,Date cif Pqymeni Bond musl be dale qj' Conlract. If Resident Agent is nol a corj)oralion, give a person's name.) RFP It 5563 INSURANCE REQUIREMENTS AN]) WORKERS" COMPENSENTA"TION REQUIREMENTS Qpon coalroel execuflon, all insurance req�..dremenls shall beeome conlracival obligations, mMic,h the succes.,wfi4,1 confracl.or shah'hm,e a dulY to mainkrin, throzq;hoza the course of thin conlracl. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of'the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, (Apner, the minimum insurance coverage as indicated hereinafter. Contractor shall file ivith the Purchasing Department satisfactory cerlzficates ref insurance including aiki) applicable addendum or endorsements, containing the contract number and title of the project. Contractor mqj�, upon written request to the purchasing Department, ask for clarification of'any insurance requirements at any time; however, Contractor shall not commence any work or deliver aft)) material until he or she receives notification that the contract has, been accepted, approved, and signed by the City ty"Denton. .All insurance policies proposed or obtained fit satisfaction of'these requirements shall comply with the ,following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of'the Contract, or longer, �fso noted. Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VU or better. Any deductibles or self -insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses, a Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of' Benton, its Officials, Agents, I'Anployces and voluntecrs, fm, That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered Linder the policy and that this insurance applies separately to each fiISUred against whorn claim is made Or Suit is brought The inclusion or more than one insured shall not operate to increase the insurer's firnit of liability. Cancellation: 0& requires 30 dqv wriffen notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date, Should any of the required insurance be provided Under a claims rnade form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. RT? 8 5563 Should any of' the required insurance be provided Under a form of coverage that includes a general annual aggregate firnit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either dOUb1c the occurrence limits or obtain Owners and Contractors Protective Liability 111SUrance. Should any required insurance lapse during the contract term, reqUOSIS for payments originating after such lapse shall not be processed Until the City receives satisfiactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. IfinSUrancc is not reinstated, City may, at its sole option, terminate this agreement effective on the date ofthe lapse. SPECIFIC AI} wi-IONAL ]INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of'this Contract shall athlifionaltp compij with the folic win g marked spec i/i.cations, and shall be maintainetl in compliance with these a(hfitional specifications throughout the duration cif the Contract., or longer, if'so noletk JXJ A. General Liability Insurance: General Liability insurance with combined single limits; of not less than $,[ �O00 (�)0000 shall be provided and maintained by the Contractor, The policy shall be written on an occurrence basis either in a single policy or in a combination of Underlying and Umbrella or excess policies, Ifthe Commercial General Liability form (ISO Form CG 0001 current edition) is Used: Coverage A shall inclUde premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad fonn property darnage coverage. 0 Coverage B shall include personal injury. ® Coverage C, medical payments, is not required. 3 If the Comprehensive General Liability form (ISO Form (it, 0002 Current Edition and ISO Dorm G1. 0404) is Used, it shall include at least: Bodily injury and property Damage Liability for promises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse Or Underground (XC U) exposures, Broad form contractual liability (preferably by endorsement) covering this contract, personal injLiry liability and broad Form property damage liability. J X J Antomobile Liability Insurance: Contractor shall provide Commercial AUtOnlObflC Liability insurance with Combined Single Limits (CSI) of'not less than $50_0,000 either in a single policy or in a combination ol'basic and Umbrella or excess policies. The policy Will include bodily injury and property damage liability arising out of the operation, maintenance and Use of all automobiles and mobile cqUiprncnt Used in conjt.mction with this contract. Sudx6acionoF{hoahovomguircnnniahu||buin(hokvmo[uooioycodormemon(lbr� • any auto, or • all owned hired and non -owned autos. JXJ Workers' Compensation Insurance Contractor xhuJ| pmrohuxc and maintain VYorkom` [}nnpcnmHion insurance which, in addition to mceLin& the minimum ntatukory requircmnNs for issuance Of am:h insurance, has Employer's Liability |imi1s of at |cuo1 $100,080 for each accident, $100,008 per each employee, and u $500,000 policy hmi1 [6r000upu1iona| diaouyo. The City need not be named as an "Additional hmurcd" but the insurer shall agree 1owaive all rights o[subrogation against the City, its oDinim|a, nguNa, omp|oymca and volunteers for any work porOormed for the City by the Named insured. For building or construction prqjects, the Contractor oho|| comply with the provisions of Attachment l inaccordance with §406.096 o[the Texas Labor Code and rule 287AC l|O,|}Oo[ I I Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all Gnnes during the prosecution of the work under this contract, anOwner's and Contractor's Protective Liability insurance policy naming the City as insured for property dumngeand bodily injury which may arise inthe prosecution o[iho work or Contractor's operations under this contract. Coverage shall be on an ^`uuourvcn*c" hmoix and the policy shall be issued by the omno insurance company that carries the Contractor's liability insurance, Policy |imks will be at |coa1 $500�008.00� combined bodily injury and property dumugoper occurrence with u��{#Xk/X}0J}0oggrog�e. I I Fire Damage Legal Liability Insurance Coverage is required if Broad form Oonua| Liability is not provided or is onmai|uh|o to the contmotoro,i[acontractor ]cases orrents uportion o[uCity building. Limits o[no(less than --- _ eauh ououromuou,crrquinod. I \ Professional Liability Insurance Professional liability |nxu,uocc with |imi(y not less than $1W000 000.00 porc|aim with respect to negligent acts, errors ormnivaiona in connection with professional services is required under this JXJ Builders' Ilisk Insurance Builders' Risk Insurance, onunAll-Risk OnnnDn 100%o[Uvccompleted value shall be provided. Such policy shall include as "Nuxed Insured" the City of' Denton and all auhconmu(om amthen- interests muyuppcm. I I Commercial Crime Provides coverage for the 1hu0 or disappearance of' cash or checks, robbery insidC/nUtSldo file premises, burglary o[the premises, andompoy*oUdo|ity. The cmp|oyocUdcfiiyportion o[Uh|x covom�Cobou|d be written on m"^b|uokct` basis \ocover all emp|oIooa, inc|udingncw hires. '['his \ypC insumnoeahou|d be required i[(ho contractor has access ioCity funds. Limits o[nui luya R I/"#5 5 63 � 1I Additionally Insurance Other unsauu°ance may be requir•e::N on an arrdMd uaa� basis flor extra hazahr"dOUS contracts and specific service agreeunen s. off' sar.eh addi ua nau insurance is rey.rired for a specific contract, that r°equi rerrnr, it wflA be dosedbed h-u flw "Spcc,,'ofie Condudons" off the contract specifications., ATTACHMENTI JXJ Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities FAMUM EMM Certificate of' coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-inSUrc issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statUtOI-Y workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration ofthe project. Duration of the project - includes the time frown the beginning of the work on the project until the contractor's/person's work on the pr(�jcct has been Completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, Without limitation, independent contractors, subcontractors, leasing companies, rnotor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services oil the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, Such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 13. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and riling of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 40 1.011(44) For all employees ol'the Contractor providing services on the project, for the duration of the project. C— The Contractor MUSt provide a certificate oil' coverage to the governmental entity prior to being awarded the contract, 1). 1 fthe coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended, F'. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity, I . a certificate of'coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and R FT fl 5 563 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of -coverage, if the coverage period shown oil the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of.'tllc project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of'coverage of any person providing services on the project. 1-1. The contractor shall post on each proJect site a notice, in the text, Form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may ven fy coverage and report lack of coverage. L 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 agreements, which meets the statutory requirements of 'texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work- on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the preject, for the duration ol"the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension or coverage, if the coverage period shown on the current certificate of'coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage., prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage oil file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, RFP /15563 within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whorn it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be providcd to the person for whom they are providing services. fly signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self Insuurance Regulation., Providing false or misleading inb'ormation may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt ofnotice of breach fi-om the governmental entity. ffi�� I NOR 11- CIVII'v OF Dilk,111111TU4lil OF PRE4ASTUMICHETESWURMY IlI ATPOCKRI[Pi Allfll) I VWX III I IGIFOF III "IIII IIC ..'IIV ..I..G[JES]l K)NNATFiE FWT vmWor or Wkvr pvna" dWng hoshesm vVith local gimerninimilal vnlhy Ibis qmWkwulde rencrils changes made to the law by 11JI. 1491, Stith Ix ., Regubir SessJinn, Ws iq=Mionnirc is being lied in awwAnm wbh Wpm 176 or A houl GovernrnwA (Ube by as jwmon Who btriiines's idladionship as Mined by Secthn WiT001(ho) %vhh a knizal govennnowal cnlhy end the PUMM unuds roclubixancnis We;, Section 1761060). I By Ww Tis questhmmin num be 54d with Ow mew& WWnldlirator "On hwa] Wnumnent wility nW Witcr 'than the 701 hushwss day alto the, claic ilho pe'lisorr beconnes wivriirc of fects that nequire the serrtannent to be I Sue Seciioir p 76,006, Local qua' vernun ent Codc, A pason COMiTnts an dFano Wthc pawn kwtvingy vWNWs Soc,fioin 1176.006, Local Govcminent Codc, A.n onnse under did sed On is a Chum C Wnwanor, N-mnic oirperson who has a hiuswnms relatiionshilp wvkh hicat govcir°nillmcnhiill ellitilay. N/A �2 1 (Amck I% hn iYou am HUM m"phk N as pwilmy HW HN3 N1 C I Q 4YPI:10-', USk OWY Win RmiAnd ('Me Nw rNuks Ow ym: 5k = ij~ mm~qnwAmWw wM Me "W"dwe Mhg WWI and Wu Mm to P Wmm d" Au Ric ¢Imu the m l""In"Ifly flied ho'coines irlicoilnjjflvlc� or Whom fifor hns nn cinplloynwrk or birsnw&wkalonship,, N IMA Nmw 0010wr I% wichan, (ilarn 3 taxing subparts 11, H, C & IQ, amst be completed for ewh Wer, with whorn the fife r has an ennooyment or other bushess refallon0hp as delhined by SecUan 176-001 (1 a), L.ocaGovernment Coda Attach addMonal pages to this Foam CIQ as necessary. A, Kthe Nara l govermnent officer named in t1s sedion recelving or lull d$ W mcWc WvNe hisomq ollhuManimmWil Acmajims Te ow d U W qWS BMW? � Ye's No B, is the dWr of to quesdoinnaiiiie, maceNliing or Wy W rec,kre Ax0le kicorne, other than investment linconle, fronn oir ap rhe diitectJon of the oca� governirnent officer narned In thils secfion AND ke Jambb hconne 4 ink mmlvml froirn Ilene" local) goverruripintal cmfilty? � Yr,",,, 'mo G N the hier cA Us rimshormMim minoyeAl as cmminaWn or ohm bmhms mAY mMh mqxuh 5 wh4h We WcW pownwimn, OW, IsCirvill's HIS aiiii olfwcior drw(.#(gr, or hin,Ws, an rroiininjl,;,Jrijl) a)tt 10 0V I ves I , III D Dosci[ ilbo each C)il ma Haw Hatt persan ah* q SmAms At Um Iwo imminn ill cAlry We 161' 0563 AqW 120 oF Kh V U 55T) zoom= R VP #5563 Pricing Sheet for Pre -cast Substation Security/Sereeming Fmce IIIlockurus and McKinney Substations and Linda McNatt Animal Care Ccnter sF,uriON 11 . Pockrus Substation Fence ....... . ... ... 111temi Coitisfiruction Unit Estimated Quantity Unit. or Measure Unit Price Extended Price . ....... .. ... . ........ ..... ------ - - W'Sectmity/screening ,, wall material, pier desigm, — - - -- --------- ----- - l atid complae emstruction iricludirig sto(,,,.kpflfing, 11,644 Id" 219D0 $ 360,036 cleanup, regrading and compact4ig 2 mow suip construcilion 1,644 IY $ 11.00 1 $ 18,0841 3 Rock excavation (tbir evaluation, asminic Teach on 50 100 VII $ . ................ . . 54.00 $ . . ..... 5,400 . piers) — — — .......... 4 AdcfitionaI flor integrated wall/gate; co�umn that undo 4 1 ,A 450M $ 1,800 --------- Unils Mal ivill apply as needed to aqjusI.j6r geolechnical conditions and.for drainagesdrainage $ 5 1 increase pier depih (fior evalmationmn , asse Textensions 260 VII, $ 10.00 $ 2,600 on...130 Piers) __ ............. --,- 6 Decrease pier depth (for evaluation, assume I'decrease 130 V F $ - $ 0t I 130 P iers) 7 Increase in price Jbr 24" diameter pier 100 FA $ 60.00 $ .. . . ..................... 6,000 _- . . . ........... . . Provide 2' draina#,,e gal) in rnow strip. ;0 ii I'T__ $ 25M $ 1,250 m 9 Paent and Perforrnance Bonds for Proiect VA $ 1 1,840M $ 11,840 POCKRUS SUBSTATION SUBTOTAL mmm MONO= l i$ 407,010 MCK,inn.ey Substation Fence Item Construction Unit Estimated Unit of Unit Price Extended Price # a Quntity' Measure 10' Sec uri ty/screct i ing wal I mateti al, pier des i g 15 and comp�ete conislrucflm inektdhig stockpiling, 1,752 II.IF $179.00 $ 313,608 ceatjjjp, regrading, and compacting 16 Mow strip constrinWon 11,752 LF ILOO $ 19,272 ............................ ]Rock excavation (t6jr cva�uaflon,assurne 2'each on 50 17 WO ............... . - VII, $ 54M $ 5,400 piers) .......... ............ .... ... ..... ----------- — ------ . "."_ . ........ .. . .. . . ............... . ... ................ . . . 8 Addftional 6or intclra(cd Wcdi/ga(C COILimin that indudes �A 4 1 -"A $ 450.00 $ 1,800 p,atc post instaflafioll Unils thal will aj)131y as needed to adrest /br gvolechnical condilions ...; . . . .. ................................. — ------ and�/br drainage, . . . ........... . . $ . . . . . ............ . . .... . ..... - -- ---- 19 increase plier depth (O'or cvaluation,assume 2'extensions 260 VII, $ 10.00 $ 2,600 on � 30 p�ers) ------------------ ............ __...___. ..... . . .... 1111".. . ...... ........... - . . . . . ... . . . . .................... 210 Decrease p ier dep th (For ev a l uatio in 1, assu im c V decrease, 130 VF $ on � 30 piers) . ...... . . ..... . .......... .. ...... . ........ ..... 21 Increase in price fioir24"cfiamctcrpicr 11 1 111111"t-1111111 . . . WO ----- I I 'A - -------- ...... .. . $ . . . .............. 6000 $ 6,000 22 Provide Tdrainage gap in rnow stHp. ............. ........................... -- - - --------------- 0 .... ..... 25.00 1 $ 1,250 IMI", Wi63 F11' #5563 Pricing Sheet for Pre -east Substation Security/Scrcening Feanee Pockruas and McKinney Substations and Linda Mc watt Animal Care Center .,.,,,,.,,_ .. _.__-....,..,-. .......... .......... .......,,,,�...,,,, 9,.,.,..,..,._._.....__..,. 2 1�aayrnennt annd Performance Bonds for l'nope._ct � 11A $ ..... l � 220000 $ 10"220 MCKINNEY'SUBS'll'ATION St.J13TOTAIL 360,150 CSII AII D TC>TAL (POC"1f RUS & I C,11ClENNEY) S 767,160 ➢1,,C. rl,,lO [ _.....,,...............- Linda MeNatt Animal Service . — ---- - 1-Linda 1cNatt Animal Service W�a0l as described 2�4 1 LS 96,633 96,633 in Attachment Z 25 Payment and performance Bonds for 1pnoiect 1 1_,S 4,814 $ 4,814 ...._.�..... A MAW A SERVICES ERVI ES FENCE SUBTOTAL $ 101,447 SECTION _ It ..., HourlyRates fog~ .A.dditional Service s tteann "IIEy.pae..op Service or Eaganitament 26 S1 DSTIFE'R WITH OP IRA.')I`011Z29 LABOR SECTION IO III ,,,, Delivery Timeframe Estimated time between notice to proceed for as 36 ----project until work. begins (calendar days) ..._........—.__._-_._._... .. complete h. ........ .................. � Normal tunmto ie p7 ypn 1 project as depicted in the plans and on the pricing Sheet 37 (calendar days) ........... Total ..._Completion ...of" protect ..........._.._ .. _........................ Expected naaxir naunn nnnnm'nber of p roject,s that; conuld be completed annnnaaally assuming the average above for one substation (Based on required 38 bonding), Expected of uprojects that could be of.........................._..........................................................................._.......... ,undertaken slnmuultanCOUsly or that could have 39 overlapping times . ..— --------- _ .......,.. Number of sinnnilar wall cannnstreactnannn projects 40 connnprleted during the past 36 months Total length of wall construction completed to 41 date ra thereanyexceptions to the s.paecificationn 42 (attach explanation)? Quantity Unit Unit Price Extended Price 20 ➢ lour $120.00 $2,4 00 20 1lour $165.00 $3,300 20 1lour $50.00 $1,000 20 1lou.ur $25.00 $500 $ 7,200 14 60 4 4 2 ----------------------- 45 230,0001,1,' NO I x1hilbit G, 5115002 �I, fiOyu hway, 380 T'(�!xas 75d,,Ill�tP Rrqolosa�� for IRIII III' #5ill 63 ff ? C, cl, �r R��RPI' FOR OF: Y' RE:� N � P4G ll� lzll]"YCIr, ..f .. . . . . . . ... ATPOCKIRIUS N,Sfll[) VIVICMINNEY 91 fDI :: RTI,i,(°,,� C,I), Y "N"I'VTON FU 113 5,563 MMMMM PocJk,,,,.irtis, arii�(J� Su6stnUons III nstMaHani RFP 85563 Scope of Waiirk Iarovk WH nwnWW%mv and ingall 1,644 LF of VIRITTAPAV InNOM conaNc vi"all. ]"he mawdal WE he suppKI Rvvn exising Rely pahi WYMOtT AwMed at OUI:' 110hy hn Prinzcuon, Texam. llawk)= pour pkTq OWN cohmnns and panck En NMI as a inaw Mp. I he jAwN WH be &WHed and pmral Mx I TRA WARM PLANN Wpwd and stampal by a W enonwr lhmnsul in the Was, 4d I Sm. TO prcjo,t is I s all. /�, 111 HAwk (InMnala),r)i Va"�i]l TYNiriuddeture =3 install I a52LV screc,rd,ng rrllal(.,rflai vvill hc mqTHed lava, exisong ion papd ir'vvcnt(ar',,ay ocr'aated W fou'r theRy in Mceton,'Was. Hawk NJ Vnntall arld pRinets,, a"", vyefl aSl I, a110vv sLra� � l), 11,11(" Pic,)'s IN! n he WaHed and lxnwcd per I MUMAUM P CA NS ded gwd and all rnpul by a W cnWnwa Mm"I 0 Me Win Mixas. VAN paywA is IOOTS GhTerAnnMOT, exceWUmms am mad in a0achnvent D, LIN M C", CAITV 0l", 10101411),T111"I FFTRW AT I I H W R US AND 14 MNN Wrf EINCIRIC MIMSTATHMS S 0 1 1 1 C, 1 1, 1, " 11r,11III 1,111, MI6 NY WT 8 556,"'� fiihe, ("it 1148, H'Ill 1W1 TON OW PUMAXT CONCWAV SEGMUTY Fm",5vr NUTTUR ANII) stjjll""a,r A11R)i:, 1, 2C),14, at Narne, "and W,,lWs I hwk Cknshwfon 5002 Qhway 3so Phmmvq rmms 754M: cordwy Jon M Q I Axpayer V W0 40 16iD 1090 F�Ihorre972-547 6652 Van M 021201 Walk johnOlhamAywacastcomi 1 S"utol"Ird onno (1) r)riq[nhj1 arc,� fl,)rec l3lJ as r,d1 81 i�brrry� tau� X 2, u tv"in it or i e ( r',) copy L�y en"'i al l k) X 3, Rm aH ExWbq I to 4 Su'rrrnlall Ccmteirt Ser,,Viori 111)) l�"',eviiavv all X Ensure your MY rruects afl,,,,Natoc� mlnlr1"'W1q1 x iirrn;hucicci sup�tcrling d"jo, ev�,,i1iirallorii (,,.rl1eraa X, Ccid"IlPairly Infoj"J"nation x X * Addc,,ndur,,)(y,,;/ Rc,,v!(med and rehurn X * Alaaknerl A, Review X Altac,htrrc,!jfl 1�3, 1 ievicvi( X Attadunwo C, ReAmM cornrjk,��te, ancf rel,,urn Y Mtw,,ohrrieint c,,,ornplete:, ainc� return X Altachmerd, C, and rf,,,,turri X AtlacJ �,indl rr,,?�lurn Aft@d,1r1'v,"1'lr1 (3, Rmhw, rmmmv% amovum 'X, AJi,,,-A,r;hrnerl 1°1, Owns mod W q amhmm x Atuidnrr1 l,,,ri1, h, Fieview, do rat return X Altad'iirrerl t,), 1Rnvicm, cornpleh,e, arcl return X ExWbH I Sl-iaE?,t, nmdew, and return X 5.&WR Proposal by (unaH, courier, W& dchery or rnaH X Nyc 2 of RNI 0 51M mmmimm IAMRG 0TV UW WWNTO 1111111 [I'll, LX,1,110N OF PRB CA RV (MCIM 10 SM LEI V F EM 30 M MHAMIG AND NUXINN11.1fir' FIA&MYSIMMUMS HININKSS ("o, "C"', I AdArm 04bicipt 11mcc al'Husiness� 5002, 1 figfi,,�vicy 3SO PKncuUmj'!bxas7S407 3 Dmn you cmnpmy hmm an mWMANQ ptWal pinsena, in the Rwo oPhou, m lk (1, of 5, Thuad Ackbess of Wwry snAmlohn R hawk pmcwTum rt Addrc�"is", T 11dophone: 972-547-6612 of IWAS54102M 9, 01hel lLoc,,oicnls: f"'VA, (7olqpol'ittion y 31, 20,03 2, F'orinn r N/A "), c4: Dis,,s(,,,fij6orr 1,,,,VA 14, Stibsofiaxy cf 1.�, Pk) I AMAPA an,"'J Pvtfcwnl,,;,1°11 I "'s, I (", J) , 11 e I I 10V ","t I , In d 11 1[ i s 1, 1 ""1 to r 1111c,"Isc, c"k,"ta'A ibiht,,s vid"I'll ific', 3,114,1YUK", of cad,11 k"c"y lie INEMMMMO (sry OF DRAMW (I"NIV I R IT PNOV PR It I I ST ( ill OA3nTVMQMIII' H1( MACK AT APMIIIUN AND MCKMNEV P3 1141 1? 1 i 14� 1kcNdllc,16 111111 \/""1I'I"qpl 'illi 1! ic Y H I 11i1; /''( l)tw! ut�). ( )�'hci Ill I ) M I I [ � R i", v 1, a F)li M lcq cd S"A+c; awl Nhtrkc[ht"� i8 1Qitmbcii nF 'MA"NMIA by � �lsiaphu� (Ifslid�9 V II ACCU ()11- G 11 0 9led 1' ky Ualn� 4 R'u,a4larlg tv'aVs Wisc AM! YOW'AndkrsWNkcs PS)Vhkd two do pam isq"2) y=b 0/1h"I've ri"otifled Surcen fcir Dr-n'Wn ''Auia4:�pld 0 Hmver PVL�und am! nurnenx, 11:tir bousn nakkaWfl alid pn)pc11Jc's nudull�ing Tlr�,vii'j,; �llcclidc and Ow,'or IIvcl6� Dcu4fl tlocuin'cnd puMm hmm I (3i prcjccls Oil flh�c dxns'pw�) (12 Ffiescavo11flh11('1J an C� P)CASO d�J�I�I JIWSCSCyliacc's'; Ov, llahnc 4V,G'flllu scl "c'cs pmvilk'�d, Iald 'hc scupc c114 J'lc flic far 1vh�ich dlc� scirJcc��i pruv4kd� h", tt� the "d14 hc d1cpi, MWC11 jertc, lit 1�r M p lic" 'Q'O VO Ill c' il Oly 1'hc�w airc t:nItlfinled 111l Almichim'Itil C' Mis cuinimny WA tw dry, un inincyl in nny Upinkc KyWing ymn cumpuy and 011i Owur on a cmlarlc'IJ06n IN"', ic:vhvc yilmrs untAVA, "YOUT, U101wild curiy)tdlly HIMM, 01 ')[HY hwnf'l houi11 ivlv�)h'cd 6111 �uy pnwJdf' "11M ("I''t Jlwc rcfl lknccs nIrd WdWiflifl,"s, hic'ludl' cf�110aicf u"Ict"hll+�nc nwlfl'-)c'!r �ucatAh rck'lclhcc hicd Si'/c P;qv I Ox uI` RI P WMARHMM INAM G CATV OF DENUHN OVPIAE CA,O1 I kllll! Ail' 111,0)(AJU,,S EJ MINIC SNKSTAMNS, Q I Iwo: squ; fkAwnhcd cji or fadcd �c), colnlq)ico,, �t com"racl qlndcj ),fi!)W uAlilcnJ ol,mqpohnrim' Do I oh,(H i01r); I 1lrf I in ii!Uucl1, 1; f In vc yao cvcr hmA acwTod sAmQUA 11 Ow (ho in? NoM M MY AnII 24 —1 Iwo y(q a �vinpvny WpUncund an A Mkqev A Ah and Saki y Mp2m at ydbin mW I 'At (TR HAO "Tinviml May sumdank" Miiidhi�a C'FR 1()2,oh Gim�ral Cnllsouc6on SWMANK, my Wy apmy to vou I AnqMny I n xkmwoy 'WHY A S? As doc, 25, lqca,, indicale Tv IM Himilon A p"Ocos your Hirin hoas 4`'ik,111611n J)c Llvfilove, ymy? 95 16 Ins unmD2 Inhnnatk,w ol histnarD; Anjui SM AM hmmwwc (Ymqum,o /ol, if drc s� of A,gl �c�y� �� I not U olAo cs 1, (1P nr dl, I1vfiXhmcy, Tcxlls c, 111incY)c kninbc" 6 4 54,1 -123D A JAMH Whys of /ol, vo,,11 ]A blid p,�m 100 0 g4 oil I")X01)i LHd all avhoilii respomkol, cohnaws WHAM 15% uT mom olf Tu umilaol: I`4/A, Wm Hamm. Sod pcii forinlinig, Pf�,s 11 RC�,,lf k�,T'A 3 k dci� I : TvxMls 11Jo,00l,',7rmlcoM i I',�om irc,sJd(,'.w -,116ddcl;,, Ti.xjs, prohiib4s cIfio, and miJs hurn awadMg comwas v) a irmi ivsUrnt Wn unless lhc mllvoinfl oV Roil,i,ch l h4l k),111,10 lhani IIhic, �011APGM Nd bo ol lhe aniouffl IN! 1,11 xas IrC idcnl� ovoidd he ko vnidcwbd b1) In"Jdclis, SoUc�, �n oldcr n-lall c Ihus pleasc: pin'i'dide, the ��]quc� ,�Jjircs�, Floplo)",k)g hilins prill6pi4 5M I lohway 380 In KmTHvqQxas 7540 Con1p,my"s mqjol6,,y Oliv,1110! p1"dn6,dc 5002 Ifighway 180 � Hthilalt Pan"m SCHU I IQQMVMY 380 I 0Q, r d lld 1 P P ?RHO 5583 Y ichilt)H G, CONSTRMION OF PREMARF UNSCR E"G NECI MHT MCE AT NAXRUS A IND MCKMNEV III PC FC� IRVI ]Plo,�ase ldliy,A:all three (3) of the mnst mcent pix4ech, youiii fur,iinin, c"oti'llipleted", Dfxdon khwhipl Rho He I %Ter C"M kdudaihn RFPS195 phov � MyAm"KN RAhAmy Dmym DwWq MIUng I QwIngs D6 :'("'lulw]Ms uim (YmMskm hQuAm (NaNewr sohadshm I chnimcm noom w pmcmd pwrftna „Nv" V"I/ork' c)f Cb'mplr'Ocln of llk,asc dfciad Onc projccc, Mr, www"Mmmuml Anuu, muXuacq fw1mmil pnoloms and MHOMS m1mumcmd, "Alc providc"d phr'. wd Ow hMjUWn M KAI IWO kv; d 10 JAM hQh VON"NZ IMM MOM Mwukl�l around thc� of Um mlMadm.Al cncumuc�lcd 11c, of '"J'dh 9'his jp�p"'cxct, 171h�N f�iojcci vvas lvalucicl a1 V31 "),0001,00, llaf;ls J III of k Fln U It 105563 1whIR G CITY IMMUT114 CmRa"ll(WIl� OP, JIRII"� C01,11"'CRETIn RE(IjRrry A'l'V()ClC R IIUS A]",,,,' I) 11' I I EC" I F 11"It I C SIA 1 11 �j1"All" 10 ll"� S 14 nj wq 42 Name of Napo: Mshn or WoodbUge Sachssnnw� Pesyn Hums I !Stw)//Amdy�, Di'w'ving I )rIct'llincil'It", Fov Con'di'ackful'), lk'c'ccM" Cc)w llcd'1cc lo �ih occ'cx� �Collllsfi oov0c"v ItIl"amJ I I j 9viifial Si(c W(o lk, of L�clo�j�irrjcvt' S"']bsotvA4d ("Onq'0cskm M1*0 (.rmlyllcllkon 0 Colsso-i,v,',6on, Pfqlc"cf ivid 1(lls13(x,Jon Rny knowncunkscilml Aw, innaeses, cirl"r)(cin(W t"n-IoWorvw and w)kjtkllnj,"r nljcw'vte'lrind ��Vo jnmallcd 1,2'45 Nor 20 l"Iccaw crocwz wmwhy mid wwd MMMOT kwAg MMY PWUV hMM&y M, a, mt0o� �ontily d,,,x.4,ijjrncm to ��cxvxo'l 'iomv" "I"iflf ilw afitag"'c ud-6r'ln foricr'y dc"layed inswkai"�'olrl' co'ordolm'Jollrl w�On �''Ia iic dv. il1 Jilagc jssuw cwvw*A wK wo wwWwad Ic WE,& wWww mW Nolwhm=& Th AWWWwn wa"cm0ewd phi W Ow sdwdukl i oilrfli:.flvn prqjc("i ww" "'sOocd at Wr"j'000 00 I l I of RPT" 0 ",),�563 Rl P 5563 18MMERMS1 CWANTRUMUM M it N(A N KC Sl MSIJ I%M� s'nmwN41WM MW 1,,O(', IDOUUMCUQ, ka Conic"urfr,r ooOx, to ptoccorl, lrjn�i skc Sulls(wI6�fl Cal�j1ple[ion llu'd 111tojed Walk [lh�iou,��h, �",l id jr, my wwwn uquoral poNem; and soMongunaxv,Nwd wv PwAk, nwalk am MAN"n If 1xv IV to 8 hs Rol M 0a; hCOM (Mme KMAJ RM WMAMljj, ncccn rtmudua,JO p,r),pelyu mid cmmmuM Vqnq dmdymus We ommmmo pNmu Mks Abu Hm a!Q"wrl(, ri4 ilu,., 'and \/vxizout "Ohilc lhey coocuticx] the k,uc- 1,ho :ontr,tal, vallu,,> for flhu,s '�vns SA4100 K flaw u)l NIT H MP hN3 I AMR C3 CITV OF DPAQ Ili UN (ONSTWUMON (W PRECAMAMCRKNOOTURMY VEM10 KV NHWRUS AND MCXV"E),' FA X(AWHI SLINT AMNS VM, " 4 10000901>� SOJEHMIC COMPLUMC11 FOWN/l qjclai�ll duve of die nmml riment Prqjcts youw 11rin has compldvd,,,, Kimi P)r Naml,e of" ftojp°fo P"'11,11,529's (Amilm Amurd Mv, 12-MI2013 /W wd (IM rud k ImphWon Devi 3 IWO 4 Wj*ml CmilinwHRophip id bmqhqKn M: X30-201d show phom Daic" cil Cwnjpl��lioc 4 H2O dM fil ci�chcdullc M im "Amyi ,, Pvchn'limury U uicugqyp lwayin 'A"clildrig Dli�llwi�ys "WWWO"m PNM; Wuc )cicl,lilfw10."" R, uVo (",cram' u(w ,mfiu k;Aollis ( u,u uurri Acir nit 1� lci;o,,w pyo, cr J �: ll lin"arliew mm illhilli'sCi h"m sw Flmfl lliolll Pvqix['vVk Illough to lmsjpc�,'6olll P,u�c I I � ifl Z�Mmmm � mmmm I[ C,110N, OIWIPFIF .,('A C0,11,4TRIV SE( TRITY PEN CY W RICK R US AMU MCKMNEY W.FC11tH 1 HIJHQA'nK)R',i pnym R2 Name iW Rojum HmMam C,cminlfink(q A w, first 111"aile", fovvivilo'cr ,Ii� 20L� �11,dufi,d Cor�(racf Omir"'piefkin L�fx�,�5,2 20 W jRcqni1'od ( an'bliflIvOinji IOaJc6 1,14, ),fill rf Ccmqdc,(inil (V u�)r , diff n IVTsWM% pww ka 10 ( Mlwse� TWO Sol Ws k, Hmij I'l-qjccL VvAlk Ownugh and hry f",A:c[�nvl f f �d of' OF1 1 8 '5:'`r03 RFP 5563 mmmm 13TV OF 1111UMIN CONS11U)CI I I Hq()F INRF- CA s'r(WYN( 14FTIO SEA I JRTTV PMUM AT IV CKR US AAD W(XJNNF"v PAWL114W S1CJRS1 A WWN,",�' 1' 11 oj oc t N,'l Amp oF Pmpm: Py ohdmA fUnQ- 75 and MOW HHHbolTil Contract Av-ajrd Dafw�� INI" 2411,3, Ach'all UorlilraO ll`hnfej[ul,,�,� 19, 213 (Alhul Comml ReWhml CwnpleWwn !hoc ; AmgnW,201,"4 (Llll�,slglrll, fl o I:) ys F I I I I' i) u Nowhal wwxvll^ SmuQ4AuayWs pmudwv D(.1 uM) 5'rwz,OVINWAa Pljaes jou KOM S k Wark, ol, h 'iqurp a" b"mom llagc J f.') ['I k, lfl I f,, S5,66 lu P M3 CITY OMMENTON CONS'1l'RUCT1K)N 011k'llllllllllF-(.'AS'I'('ONCIRIFe'I'�, SECURITY FENCT, AT POCKRUS AND MCKINNEY PROPOSAI., EXCEPTIONS .Any exceptions taken to this RIT must be fisted on the fincs below, If there are no exceptions, please sign where indicMedat die boftoni ofibe page, hern It Description In the event that ground water is encountered during, pier drifling, dewatering an(.,i caissons maY be required,Tids is excludcd fronii our proposal. We will negodale additional costs based on the exteM of the required serOces if this Occurs� 2 Yllydro-vacuuiru excavalion by others, H'required. 3 Grounding, if'rquired, lby oChcrs 4 Shielding or Power Shutdown, if'required, by odhers 5 Gates to be nUlnUfactured and installed by olbcrs 6 Any temporary and porirnanent fience rernoval Illy DMLforces 7 'T'he pier dcpth for this proposal is based on 1311, as imir Starnl::wd Engineered Drawings included in this package., thus, bid iten-ii Y6 and bid item 420 for decrease in pier depth are WOO 8 DME to locate and expose undeirgrowid utifitks prior to piev excavatlon 9 The fallowing language rnust be finicluded in the boind form for the boinid to N, valid: "Notwithstanding any provisions hi the Contract and/or this Iffond to dw confirary, the Surety shall have no liability (br- the extended guarantees and/or warranties,The Suirety's Iliaabifify for any and all guarantees or wairirantics ofthe CoOrac(oir undcr the Contract shall extend for a period of two (2) years ft,01T) [lie date of final complefion." If at the flnie of awaird Walsh's I lawk. Construction is awardcd this prqject and the Oily woutd 11-athe.ramend the contract, or Ilimit the Surety warranty in anotho- way, the Surely cornpany is iinore thimi willing ao work. with the City of' Denton tO HCCOT11)PhSh thiS g0al. j Signatur (Iwnralr,yDaU, Page 1116 ofRF111 115563 RIFIP 5563 I Asm G ( 111()V OIX O'El "1, 111,011 ""1 i wx , uix i wat (w PR v4s sr (AMIZE111 SE(KIR H Y F lil Rli, A"(F It j,t,,, fli ";,U,11 III "',,C UN M W IN KHHKFATIRKV� XJ111qx311k111'(*1 Xillxxx SAMOM F I () 'A' I R Sic (I Y Nil law I OAKS I Nvad ON I11 thl I glinInq I A SWUH) 29 UTHS Q I W W al (W)WIVI no H "CA KW iuld i'oIn,,,JdcI flit, ()�,°;",lllrw ollinlno� )lit)1(j l tildhlighi 11; oil 11 hwuutw (,) 81 p I I ("I � 2�, (J�j c) � 2"hc I i�)� i; I �o vt p I �n I, � till ( ) it k" [ � ( � [ C, o I D, �-) I o I I 1�'l,s �ol( �pi c( � ( I w � o v 1 ,,� v/ l'i I � "! I'l {sr i I I I ,4IL ll, 1 it C i ;1 I �yl icc 1 lr,ll r, 1:", ric C o 1 11) t n i rip ,11,( It n (, („aIlI " dd�P }7l icti ;11 r )jyt k I Ir I ) i ds of "v 'U"M010 I� Fdl' ife'Vildro I iijid cciicl-i IY 1:cjI dcwinIvinlit", Ihc�, if.".( cil d oill it lin Ht,i� "ol ihls I'orppiftci t 11 lduffl hi"`. Thv Uflv of, 1111tonlor, shuflll collw"i'der flic sMy tHmid or Mv bhWas fil ASYMMY to IMMMMHAH"ll Hionnh 'III w (Ty rimy onvidu any KIM* k"Whig worker tuddy or uky"if Ow eWms WAM, Orly W—Denton, he H troLlOcel f,'Atsvd llryrInnhInukA opoWNW, mycrOMmi or awy odwr enwe or MW lysecMeMin Hle (Q r;jpmnrABq ammvgoldwr WQp,,,, I MMOMIS U% or kino Oahlgal 00A 11, TV (hu,"unmWd „Iwo, y AHd 10001 cofulnjs; ,Iitm d1ro hlidi-rcl, jin viol"Ini"')ns of vvi(hill ilfv,,rx'o"i I lyt,'liakorrs (,oi lvhni,d hcItli"v) ircon all" I\p'icncy dichincill hiclov"t, fit"I vrlktfiowM1 ',4,,IOhi4"i Ow llvc, l)) �,vIals Flltq,1I-I1lfl1nIr!IiUd itllislid c, h1w '11c IirA Ilililcl] io, flit", I ",und ViltddlfVi'! sinrillice R,N(Towi Agawy on flic" Tc,,XaS "401WIDd RCSOUPICf, i,:'Icinsol ()IIMlT1kSii1)1I Ow T(N d4c 11,cIN"u'; (d Hc,,ihh ('V OM, 11],11r,"III�viln lo " VItIflid'hill", Lieparwtii"llni (TPVVD1u, rfic stlulmotrII Fc,°V Gitritiol Boald ..wgcncllcs id '�ou'tid lespow:JhIle l'cPii culbl6li1g oil lvotk�ln Nclillhnl "hrtvcir lug"IthilJolits, and siinlikll lo",x01ktonly 1 co !I wr :1 a V cs or 1'' h 'Ll I od c V j C", 11 1 cti 11 1 I l UdCDo I rs Id v Bk, OI£oV IF I�cc�� I f", l) [l ) � � �� 47174 111 t, Iq 111 1 r�! �� 10 1 11 � c,,v )<%,ii ii ic, � s I o I kraal I ice [I )d �c s )1' rc p i sil w �,,, It i ls, I i rt lic s MMWW" pzdh,,S', cnimiimfl pillholinlirnis o� convlc6on,!l, III k1 I aCkc w6,,ls, dtrt1d9 odcis hillaI ordICAN, airlidl judrciap ilwI 1'ojri�icJowi clfit crl£nhwd udfcnsl. "'vilhil) Ole p,'W cl), lH))d1`atal whichl r>ldicd hill hIlinil �q A. o)y nlhrichwicid rimrki 0,�+nnllcd dr! (),; ('+Ililwfl lo N", pit dkih�ltvnll6lip ihic (d "Ill" haklcl wid O'i oI hipf YIthil4i,y �o pInk"'i-M lhW W11 in llnx'ds rcql�ircd bit dw hid doorinclitI 'i L^11v41rplillcw, hlclili iclrrlka ,,,MkC71S WhI nJwi, onjplu,'vcs ci klfliifc� .ltlld Hw: cl�6zcw, i,,l lk (�Izy Ill (icIlitloill In )rdcr o Nik6ll plopci inifirlit"IdTor fIopr so lhpl ('aIy u� I rfil"p; COUSddct Ikc iccc""nk, of ynrc;rI(r,"Id covfllticnrs PNU to p"Winky; ON on (TY I udwn fly W Wokul Ruvilmn rAMN Who in slisiply, olko"vnip, tht-c„',, ; .1 and pltrtl44 ihvrY"vith hjlAr Inds, Pulp I I) all PHIP rl RHD hS63 I mak C; I TUY (WAD51 WN CONSTNUCTHM OP I AV (A WMEWRETE A A I M IVY WN(T Wr MOM I N A IdO AM X MIA' 1AIRTNT 0 W11 lhi'• dtc I),Y lhth4ddcl' nk. 11)10111C loop ku MAI WIq "WPWW&W pm MWAQ"M vmhuho" VATavid ckiiotll; ➢ol y � to) X H HW hwow KN WKS011 ATS Wr gwon MMIU-MW Axw" HW WAS nmal PIOV540 81 fit, 14 ucnv)n it"; Hw IiWcvvelo� ltdcli ow6cli� "'i oi,"spcd h'ti urch ��Iucfi 61,116oru cO 0 1 crisc, tnca� lo I � o I, osmlhl ish1w,ol b A 1 ctill jlxy t"T llid f cjl�! c, I A rld ffi pa ) "'i t ctjil 0 lb k ! "xc, "111 'k and ptrNlIty it! 12MUN TICI 1his Ow 1AW4 or the 15nn coqimsbo", psul"oshlIq ur WHAWn reptolmindefl by We IThh, Or ffUI)'0HC" acdlilg fiu, mwh Hnq cwVwvHwt pw0wrsHp or Whirthniq irwAW c1dons Wr vidkdhis d c1min"Inwidul PTWIxth"I Jaws 4"veMWadonq d any kkd or qpk vviltldn the PM1 Pvc YNI"? (WhHP,: WhWe WNW AUK, WK (114'sCute or, hvwrlscsor rrgiolnihm 111in1 ay1.,PwM4 Pnowc erlwkaI or iw&r% chM onkrq Rml mAm s, anii jjtmlkia� It bw hiiddktD hat, hl)r (111it""sliolli ruillihol l"No akuv"�' the 1114W'01 WILed, 'Irw"'Idc,w Gvvc+ I'vith lls hkl !filc kiHo"vitil"Y' 4ihlrii'lla6�cio 'viiflii ic'sq"cd: if) I such cl irivic6 lit) III,; of 0HUMC Uy 11)covvherc tfll4.'IIISIC 'I( st Id II I h 11 Iy ; tJ if),I[ I, j'y;l[ I I w I s I tr w'i I l(,, I t�,k..'nl r(�i fl[ u, V l'o, . pt�l 4 tc 11 "/ctrs l� t rtnd o'd [c nsc" ""m I k rvn tlu �1 cm I � III scl cii rs ri! )� I I-), or do'oll PC 0 h; War Ims I P k a my 1 0 A I'm qw, k m i ui n"hor Oh"u-nAmn Out 16W I mat PW v n 4 in C my of I vnnm� %t)Wl lk hid iuh)6Joui lhiut i cmnvwtiorl� jkllw clF I liilc1661it vvhcuc !IwO dkpclliicn o. 'uml , 4, riscI� lw")" "old gunhy W.CSYS M�NSHNMIN EAW G 1111 "V v'J1 P11k,Al''01i N CONMUCTUM OF PRKUAST MWTUTE 94T11NT FEMT Ad'qfl) [,,, C 11 A "11p fl 1 " '~ k I PKI',A11 ONS' Man the City ol Thason who enn me Q dw WmWy ONO Am yom MY PC% cmmnwm AT"War Not and Nung Or silk to Udn pnipoM RflklkRl EN(A�� (IMP N,Ahfl,,� Town (A f4c)vvan Nkmm� Ahvcvbonc� THIJU41014F NUMBFM: 8 17-230-881 SCOIV'F 111,V1,0RKhi",lall CDNTRACT PER KW,; Nnvcmb(c;'Xl I Augi,e,0M2 11OCXH ON � M ano, Tcxas C0NTAC1'PV'JZS(.)N ANIM1111 Lmy SCIRb? PH SMAU prqjeck mapmgc� . ........... SMSKUMORK NO" Sm=nWgn -December2011 1,4/13VCily A )CA1101Q."Ind ],"I ah h� ,1 xas 11 IAJ 111 pO IN,l U V1 I 11 13.° "JCS' 13 7 8,091 PVV I WO fI1 it 5 M'1, 0O( I TY 1121v 11) 111,� 0,14,'! SR 11� CASI ( (;,j,,j(wlb, j EVA I WriT REM it kr IFS "AMIN AND M(XV0W'V I 11IIIS 1111, 10 V "A P114"III "A, G 111) BUSINESS u"JILIZA,110"'i, hu, 0y o1i I I, 1f I r' di ,I I r, It I; dI�A pn I c I IrSc! , ,; qpphji�:s �w�,c6cs oo,"t4cItrqfl vi,lHi A i o, "d (k"N wwo I ASK 252jp 11 & 11 r' Iulml U) coal lol i1i ( qd�hrt,d,wr)lr 'VI R',nict-pi (DBI A I to (My "A! Nowc JIM od Immumumu 19116 V'19R1'do11„I 7f,1°C; wild Ict, 01t, & the Qy, wd is =wmis AH hocummAd hu condumd & an 'Men aNd Rjr uUmmm WWI UWA oppooli,RAty jwc,,,,,6dcjJ for Mquitildifuc"d 14 1knuml WW PMNWV 11TIMUNW% ?" 1poi, 460 hj lwc am� ,;mtH crdcq:wkcsIII dC,olp:`fllf� f iJndI,::I,uJRzcd ;mcl (Ty oF Immon emwumgm M! ammLA Qnwhaos w sul qudMmohm As 8It 0311 "'mid/cri itihxc DBF,t; is ,�Jrh vducsre W rrcI ON, ncvcsr,}H iniono "'d 1110 now onco"mgm! on 1.045pmr; At Ow CAI A INMmn's vskimm Kilt 101mmd lannK, w"I Furdim; expAcia0Dail of pmammso PRNNIAWS 1W ld= DM?h Wk) tv(picQ l L iIlnmt ORH vompmom AmIdd Akwdy dwadv" is Ail,wh amhmbmh a cq)y 14, dw Tho, ('11[y iwcoqnl zcs 01"', cd fli,<- Sty lcd"hl �I f,4,y1'i [1901ljhnp md 111c,"0-01crinew 11","ctnuSsirm HLHi I'lolumn. YNH C10HPUnK mcc1h, inkamwho, fAmum"Al, DBk C(',OIF�C,AdtM 110C �O C1i,1""A0, Twou 14 "Texas 1 11,H3 Pvogrww TPAS,r,� P0 Hox i WlJl, 187 C"2) 40 1872 oi N98) 863 5481 or yqVqqaNj if pm, u*"qmny is Apvoy coodjoU rtullnwh a myy of your milkwhon hi lhk 16nn and rclur,1111 ri1'o0h [1c, H yols, �,� oritpwity is vici, ofivsdy cc,�ficd, wi[d coWd x� con")0c"Insd ��,s Iqw��,JrIp, rc(pJIcriwIrls, ph,,,v,c jwt� Hw, w s!m h, H, lwc, subil6t6np, I rcspoww ]Ind fdNH 10 Uq% 1AHN IS SUh.VlrUIVWrS, Am use dio kma hckmv a; KWA Ow SAWO Hm! QW& fllc: Hi-]Ji Mi 6 JAMPP01Y NAN110 WSW, 1hwk (hpom'Jon N� 1 1,11 P i r,S;i 1111, i "011)") I 3 ti 1111 fildicafi, �Aft apply: ou- ", ROAX OR) AUTOV WNI) PIqw i "IR uPIT 1l I,! oj d cIp'p,,,iu" iplidtro4lxiht�p(':8 °IIII'tu' ,' OF V'IVtV',-('. '^ r Ct;tNCR:II+,°IIII E SIlhOMM"'IN' �`U6+;II'��":"III(. ,�i"IIN' Ill�w��K�;��:'.II� ��'.�.�N��n foul°„4llf) 1i 14iC, 1111Pa�,llk"'�4K m cM,�:". �� I��`D.ma;p�� S ��u:•�°III' II"die; aanudlr rs,a_jwd �n+�rcas this tAu��orp o,;ad beco es Uhc pr-onp erl.ryr anf Vlhc t:"ity o f lllyc�n: owar aaR(.,l. dic a ffilcoaap aap�ra unan�s;,. The lorndc;mowd 1n4'pGr`MS he Us Cha ih—au-irnd huarasclf w'ith le spno;a,ituaa:utuarua, c9mvviirug;,s and ari.lnaarr e,Ho:ro:;aurancnn4.w; thre: V0C,'d onuadikonans uno,l¢,r w>4r'ptlic;h tllaa; wvonu°k os tca be V'rcrp'anrorruad; sahskd hiraWV`onl`Illnc a;amdWinrns ar(`da;IlNmy, haurndVorng nix osu.era.ago, of uaaaaVa,!rlk nand a;cpulupruano°oW aurnap lulu o.attaCr inaali(U.s lh44 WOr dno, rr„aparorLd foil, V.hc, woo Vra;faaraa saagnoxuiiubg;, as psMl;aaMA Vera sa.ulPruanWi n,g as pnranya;.,aall We ooaaoporsig;aar:^d V"unirkm uura&rstauua k IM Ow work rs,olAWd is to dnrorvkie coost,roidioln o i, 4.hc pna°orVcl Umt (aunOuoruns as dmcu ii and in lhic spccifie ntuonan. 'Me a runahayla d uuandcrstauind.s that ad req uie"canna;aats or me uacaansir•auctmn may not be dlcso;r bed in every detail and -agrees to provide labor, Vaonlirw, a anaa:t.cr'ial and a,Clruoprma;iro4. anaao,re;sa ry ton co.naanpnksta:, ail carnnmroucVion tar u'rrrou ke to ti,sae tiuioau.°auananaal as described in tlhespnedticaat'uenan anted o,mwvurap pneV'oam suobarauttuong as pnvpomfl 'no aunwimsip;roo d aapcuq WthN prarp7orsaall is aacccgnWd, to p"rm&h mq and A utcunnOsavkcs aulaanaa w>,tlh.'uch prices are Wa:reou, al dw p'ricc(s) and upon Me teams and a aanraduV.ioauns caruuflraiiu W in the ;spa o;uVocaatoonun.. °V'6ac pua'hd fa a ac%o,pahme OF ih'us Propo %d wwruV'N be ninety (duty) eaapa°ndaar days unless'a otifferrerA Igc:riodl us noted. IS unundo;aAg med aall'V nnns d.pm they am duty aarathrtnu-ir. d ton nasem this cowuntu-anct, that tutus UT has not been prcpa la°asd uun co th,.arnuaarn WHIllt ally o ffie ° Proposer, nor aaray carnnpnhyCc or Me t_"'il or p'yora on, and that the contents, offllnis kr? Ilaaave not U.nccan to any other proposer, or ton aail o i,111, City oT Denton nton Prim to the anflkc4d arpe,anuang; (0,01is h iidl,. Respanandew thereby assigns to (he City any aauno..t A o;lrnuMs Porn° a nvesrch".trg;a s associated ww 4h d us cooratrad Which a dse u.uaader the ain4.utirma Jaws anflhe United Statrv,.s, 15 igSCA `Wctuonua I el je%, and whlieh aaruti;o; rxatder A aaoatliVruust Gawrds og he ;"St"r c or `V exas., `V'e„ r,,. Illaus,. & d°anunn. Code, rc;e:diolm p5,0 p , ale, seg. 'Me uiurnaua,r:,uguned aV°fleu°raws Want. d.laa;y haarc road and loot uuuadeu°s mul tuna, spnrsa;pVicaatucr is and my atta ehrancruts counbduned in this RFV pKuag;e, rha, auraaflcrs g;uncop aag,u o;n; to dw RFP pawd on the wwAaso'4.e arc the oaV'p'pchl sped HeW ions and Shalt not apter the e;ledirorde capry orthe spec Ficaado ns aaun N- pnrriichgr d wct 05111h 0, wwritpnc O o;Va; My iide ntip;yuruo a,.Unanurg:as. y 1 gr y o f l�aruatoaan p'uaua;haasuung; �/ebsiitc, W: d"lao, uuunoVor;a;ua��ina,d uiono.po,rs�taronall, ipac �u1p pro, rasnornn�•;aprlle. p�¢nu�� aaneain�u4on�a��uan., iFnr:, a"dt toa carsr.uawe thoy We douwvantoodesd mnd Agraned A addcndaaano) p.�n /yw!L,�t.�dwr +,ut.,y°grCcienguanur cgrry_i'ig7gp .. u-col,aaur-a;n.V RW sa.ullW d.sSucana Wish tllCh— parauh0S'L. V cart ly [hat 11 have made no wviillll4" d uiiaur,ra;pc^ omaaHo n,s uuu time g"mpand Wnnussuo n unoa0<aw V waiitpnp eld htt.ra-unnaat'uanon kii my Mantarranasanis° am! aaniswona°.s to aliaaonal.uoaunw.. V aim awvaav iha➢.t UI'ra; unkaunaaa4u«nrn given by irune uau this pnropnonsaP w'itl be, iiraw/c, lli�g u(cd, with irony fuullp j)LAIninVY,oi0 n, r.ntlnd thldu.. any urn''osrr;,pnrc euataa4:uonrus or o n ,,ssionun, may cause only p ro powsrnV toa be ra:.ppa;cta d, Aek norww lcr: grc rc.ccpet or p'o no wiiong aadcpmdaa to the prroqnouaa<all°. Wa^urataaonu No V DMNI Nuun2Q 2 pip AddoNmndaum No 2 Gbantr d Addendum No 3 N7med NARID+ AND lra.iNDRK SS ()U7 Q..,OlM IIA NV- WW fap.bh''s p Ilaawwls.. ('0flSll.a UCfi0fl 5002 a h hww<ay 380 V'u iraaao;taran, `II'a °wau,s 7=7 p°:ouha.aiip. �aw�uoa(ei?Ouaaw•vloµam��;�arst'.o;a7unn Received June 26,, 20 pip Received Reeeiwd p'an; o i3o or IIiFP U 5563 ApJ"III'lllpMl' YlV V,ty14 IVt,p°IVip;cVist"ug, ""tarty;: D as l � t� � „�� J L) " Nm nex: Johan WaaW: Gutll�: �.danaiiaaiilsh°�0arr IFa.;w N'o:a, 97 ....`v41 020'1l F'Offid () 4, 7 4 a to t* itct t 5 War Structure and Worllkmanship/20 Year Finish Date: Efficefive upon completion of the Iprfject Castomm City of Lkn(on/Detiton Muni6pal Electriie Project:: I'mkrus and McKigmey Substations Regarding: Wirti C'retc Semen Wall I lawk Corisiruction I warrants dic Vca-CiI IPre Cast Fence l'or tlje project referenced above shaU be installed in strict accordance with the drawnngs and specificadons as III by die enginecr ofiI '11'he work installed wHIl h0fill the reqUireryiI of I I COMWILOC6011S SUbcontract agrecincid and conttract documents, agafinst product defeck for a pedod of five yems Croiin thic completion date of fencc installatlon. 'II finish wma-anty is for a period of 20 years. Upon written notification, 1-Nwk Constrii.jiction will repahr at our e\pensc, or have the appropriate s u bconti, actor repair the proven defective materials wiafln the Wall-allaty perkyd III Warvainty does frot include any repair work for onalcrials improperly rnairriained, abused, neglected, darnaged or due fiom normal wear and tear. I lawk Constructilonshall ner be held respowisible l'or any dairnages and or Ilcaanirng of the Vcrti C'rete prodLIC(S caused by shiffinig and or rlsing soil.. At ino three shEdl any water be permitted an,d orailowed tam pond ncar the fence locatiork which may came the l7encc to Move, Any service work, wldch is not covered under tlniis wai-rairty will be billed to dme Owner and i.s I at Ille Brine ofcafl' Iliac the everd: of a claims conmi if Construction at flic nrunber provided atiove and Howk to onsOrnctiiorl shall respoind within as fimely onafter. aiaba.rnra sly, " ioZki Wa 1! J P111 111, 5563 ExIN10 G I'EN.,kS S,4,F'S A,N'D 'U`lld�F` ]F"kX PER)"Ill, 11 J11, 1, 1 �� mit �,� ?I o� 1 1, a and fh�5 3�ld�l must be prominnnfl)", chs,151�1 �.' c�f bpi 5ines"", py rihrmraafsxims,sfr^� o r ev , rqj Ho, r r o I i 'wx) rr Y imlY h 0, ir,,,pwm bti fix kA U Ivs S ]I v,0,1 ( o", (") "/(,"r pB a r, tir �ffi ( , , , ., r )'I {i I}G I NAIIA', FILS'fllflS�, 1-0GATKII'l NAIVs 1 0 A WALSH'S HAWK CONSTRUCTION CO LLC HAWK CONSTRUCTION 5002 E HIGHWAY 380 75407 PRINCETON TX -2582 NAICS CODE: 212319 DESCRIPTION ON NEXT LINE: tither crushed and Broken Stone min-Ing and Quarrying WL SHOW THIS BUSINESS IN THE FOLLOWING LOCAL SALES TAX AUTHORITIES: I T Y : PRINCETON EFF: 06/01/2005 `(oj Pmysf r,)bftimA S A I E S A Ll S E TAX I--42-1601090-1 00001 06/o,i/2005 CAROLE KEETON STRAYHORN Corriptrollor ot Pub4c Account* � E,9 M,"P)y � LI",C TA,� � �4 P Gj, T F1 X VU OIX 0A3 A u K M- 8 0,7,rl,r : M )ft � ON (0P 0q IF OF VU'�1NESS )I,-,i I ll�lv, ^ al ally, qlmsfi 01'1 S i otyv i,r pa 3, i,� r" ci>l I t, oc I v ShAn ("'01 P plil C:N)l ", fiod I I V, kv �, jtyo" I I I I, c4N ,l I rill 1 80(,� 5b . Wl I i uaficm mid o II, n 4 1 A i i I NNIMIM rA;A c p 1) sew n697 AwWN Tam MV I IM' 4"Jif tltt'�� of Stafe CERI"IFICA"u, WAISITS MA"O�,)'K Ckovyi 1I S�, Scveu',�xy Thc�, ar� of Su. w of Twaq 'heireby ccrifles Oiant Art;(,),,Iv� (S Orgar6,mi6on for ft� fxbovc bc,n fvcc�uVcd gTl lh�is cvj`,ficc, ay"Ir',i b'rvn fhunc,", lo cc'u)A'61 n"11 to SWMAY Mu, �,vi,rlu'c, �,ni'dwyri�,y vr✓4el Yn 11,c fiw%V,,,, hemby i";Guja"'s, flhis IC!", IIIJ fi� w I i!;"tJt i o n, �al'z ruz of,of'Or,! iniz,,,mior not Pubdan So to of a name in I& swe in WWII (I A don of wMar uder the Mail grad eauak.Ad oil 1946, dic Axas Uadanark to%,, dic,; AR,,,un,,TjaA Bumness or Ito fhSk'tr,,,,J of dhc ""'x,nnrn1"'m Irr"," MY QW3 1 QN3 MOW OWMIC01, v j,"AA VP% 1 "a Y y 1� I' S u'a 1! c Ltmc APmmt M WIMMMAOTbAs" MMIT NMNKI 12) 401555 PAX(I M) 463 5709 NowW hr MIU Apq(� RH"8563 Ca. Xg Me /i� !(�r��//��/////III, III �lllll� �1 �(� 9�l(l��r wll��// �Il/w, D( APPL,� ......... Purchasing Department 901-B Texas St. Denton,'TX 76209 (940) 30 11,001 www.dentonpurchasing.com R..FP It 5563 RFP F: OR CONSTRUCTION L OF PRE-CASTCONCIZETE SECURITY 111PIENCT AlTPOCKRUS ALN-1.) MCKINNEY 1 LEC"11RIC SUBSTATIONS F'ORL,rl-I.E CITY OF DEN,rON Issue Date. June 26� 201.4 RLC'SPollise due Date and l7inie (Central TiMLe): ,'ruesday,JUj.)7, 1, 2014, 2:00 pm. MENEM Addendum #1 to be ir iiriin ii Ih Proposal The f6llowng are changes to the Ip edifp tp ire n A — Page 4, 1. General, Section F additional informatiio�n shall �lbe McKinney Substation wiH requirethe fence contractorto work in the vpcinity of energized fines,, Direct safety supervislion wM be provided y DME. Page 9, Il. Construction, Section A, Item 3 additional inforrinatiori isIlhall Ilbe added: Page 9, 11. Construction, Section A additional ifformation shall Ilbe added: . ,,,1,,, emporary chalin Rink °fence may be t imp r rppy removedto facHit te construction of permanent fainPhe ctiain Rink fence must be replUaced at the conclusllon of every workday, See attached sligned addendum d cerne n. II "T I 1ER CHANGES A..F THE TIME, Thivfiorm should be signed and r tunied with yourproposah RIFP 5563 MEMEM Arame: 'Nignature: UE-/ C"oniptill Date: . ........ .. .... .. - ... .. . ........... ... mm� HAWK CONSTRUCTION VERTI - CRETE PRII GAS 13f,"M 11 IN W/1,11 I'S D11 U1,1111 lid I I. HAWK CONSTRUCTION VERT1 - METE Ins QS PMCMI A E6b' I AX SO% I N VVAII 11 S D11 Mll S I,� I i � I; 1�1 LPIT, I, [!!,� TT jj mw A1 ondail way 1 J u,gill!" a 1 :01 saw 1 1 Mi Fqr it Vol jymq�ys HAWK CONSTRUCTION VEFRI I - CTRETE 0 as PIRIFGAS 11 J, IN IIN111 S EXHIBIT D PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON Bond #6641388 KNOW ALL MEN BY THESE PRESENTS: That Walsh's Hawk Construction Com an 1..1:,C:" ,whose address is � 14i hwa 380 Princeton "T'V '75411� ,hereinafter called Principal, and Ohio Casualty insurance ompany , a corporation organized and existing under the laws of the State of New HanipsNre - , , and fully authorized to transact business in the State of Texas, as .M urety, ke held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon; the building or improvements hereinafter referred to, in the penal sum of Eight Hundred, sixty-eight thousand, six hundred and seven DOLLARS 868 607 in lawful money of the United States, to be'paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by RFP # 5563 with the City of Denton, the Owner, dated the 5th day of August A.D. 2014, for �RFP 45563. Pre�cact Concrete Securit /Screenin Fence Construction Services at Pocknis and McKinney Electric Substations and Linda McNatt Animal Care Center. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, .that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. RFP # 5563 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code; Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this the S fiL- day of A 1,4t ,s � , ao it I . ATTEST: PRINCIPAL BY: A'( 00, /Vl�nr(-1 n� a�t;tdi �1 SURETY BY: 1lrrORNEY-IN-FAC"1' The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: � STREET ADDRESS: 110 (NOTE. Date of Payment Bond corporation, give a person Is name) C—P RFP # 5563 Jci'ot must be date of Contract. If Resident Agent is not a 14 U&I"o-'-Al/D DORA ACEVEDO w Notary Public ' STATE OF TEXAS, " My Comm. Exp. December(1, 2015 EXHIBIT D PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON Bond #6641388 KNOW ALL MEN BY THESE PRESENTS: That Walsh's Hawk Construction Company., LLC whose address is 5002 [Ji shwa 380 Prij icetop TX 75407 hereinafter called Principal, and Ohio casuaity Insurance Company , a corporation organized and full authorized to transact business in to , tate c bare �' and existingunder the laws Or the Mate (� New Hampshire y � . . c�as, as .Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Eight Hundred, six -eight thousand, six hundred and seven DOLLARS ( 868,607) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a. certain Contract, identified by RFP # 5563 with the City of Denton; the Owner, dated the 5th day of August A.D. 2014, for RFP #5563 _ ,... - Pre -cast Concrete ,uritv/ci enin l sues Construction Services at Pockrus and McKim Electric Substations and Linda McNatt Animal Care Center. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. Notwithstanding any provisions in the contract and/or this bond to the contrary, the Surety's liability for any and all guarantees or warranties of the contractor under the contract shall extend for a period of two (2) years from the date of final completion. After that date, the Surety shall RFP # 5563 have no liability for the extended guarantees and or warranties as identified in RFP 5563, Exhibit 2, Section IX or in this Contract, exhibit C, Section 3.5. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and. any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN g y executed in three copies, each one of which .shall be deemed an WITNESS � WHEREOF,thisinstrument�ayofA �I . 2 c, ),-I ._�. ATTEST: BY: ATTEST: BY: � PRINCIPAL BY c.,►.� l,�isL SURETY J BY: � � 21 ATTORNEY-IN-F,A,C11 The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE. Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's nmre.) RFP # 5563" r A � w.�r "" � � DORA ACEVEDO », Notary Public Or TEXAS �^STATE My Comm, Exp Docembei 31.2015 u.,404 DATE tMMaDF"aNYYY) ACORDM CERTIFICATE OF LIABILITY INSURANCE os/1moorym THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; It the ceditcate holder is an ADDITIONAL INSURED, tare policy(les) must he endorsed, if SUBROGATION IS WAIVED, subject; to the terms and conditions of the policy, certain policies may, require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER t�AME Ron Gant Ronn�eGant KGant I 214 544 72TAX _ --- A aR ss. 30 .�. N�) i214)544 723A Group C No Extr: ...�„.....m ...__ �.._......._., __ INSURER(S) AFFORDING ...______ 1807 West Street „w __.... COVERAGE NAIC i YINSURER State Aut.. . rTsclrsur McKinney, TX 75069 o Insurance Compariies 251.27 INSURED i s -- Ha4 „ t1 �r'uct Glr1 LLC INS w.....� _ ._ URERB: Texas Mutual Ins Com 22945 - - -- ....... ........ . m.. _ DBA Hawk Construction INSURERc: 5002 Highway 380 INSURER D ; Princeton, TX 75407 wsuRERE..... NSURER F : COVERAGES CERTIFICATE NUMBER: 2013-14 COIs REVISION NUMBER: THIS IS TO CERTIFY n iAT THE POLICIES OF INSURANCE LISTEN BELOW HAVE: BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOL. IREMENT, TERM OR CONDITION OF ANY CONTRACTOR O"THER DOCLIMEN't WITH RESPECT TO WHICH '8 HIS CERTIFICATE MAYBE ISSUED Oil MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ _._ ......�_____ ....,,....._-. m„._. - I.�.R L"YL wt�R u...-P-ts�cv�EF ....rYttt:t�F�r� L7R TYPE OF INSURANCE INSR WVD POLICYNUMBER (MMIDDNYYY) (MMrDDNYYYI uMrrs GENERAL LIABILITY. PBP25728810 10/01/2013 10101/2014 EACHOCCURRENCE $ 1,000,00 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occuvr i $ 10O 000 __ --..._ L....... , .... CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 A X CG 2010 (11/85) X X BLANKET CONTRACTUAL PERSONAL BADVINJURY $ 1,000,000 attached LIABILITY GENERAL AGGREGATE $ 2,000,00 GEC PJ'I. AG V l ATE LIMI1 APPLIES PER: PROD.,.ucrs - COMP/OP ACG $ 2 ,000 , 00. 0 0 LOG ICCI IV;'YC'a.It.'Y ItwJl.#h"Y' I.PkYrt I're:(.�r�rti $ X" _ AUTOMOBILE �unBlurY PBP2369685 i010'112013 10/0112014 Eaeccidsntl $ 1,000,000 ..." BODILY INJURY (. A AL.L clvw:D, Slwlal �I� n r'I X `��'I .., M,1108 at1uTO Perm------- - I t . _ NON CWV ,old 1:.1 TRr}P'ERTI" t �' L... _ .._._..._..._. ... . _. X H40FdFC"a AlrTt„k X AUTOS(PGrsodderd) _ $ $ — p, X E)CrrSSLlm.BAs X �L I .( wl.. X X PBP25728810010/01/2013 10101120'14 AGGREG TERRENCE $ 5.000,000' FORM WORKERS � _ - ---- F00001L6$898 U5/18l2014 05118!'2't815 rcX �o r Y Llai s 1 E" ®COMPENSATION e PENSAiLm $ YIN p gg $ 5,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE F.L. EACH ACCIDENT $ 1 , 00Q B OFFICERNEMBER EXCLUDED? �. ;__ J NIA X _ 0Q a (Mandatory In NH) -- WAIVER OF SUBROGATIO �E,L.DISEASE -EA EMPLOYEE $ 1,000,000 D es, describe under E L DISEASE POLICY LIMIT DESCRIPTION OF OPERATIONS below-..µ MIT $ 1,000,000 ...._. ..�..._...... ..„..... .......... DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ifmore space Is required) 'r^oject: Pre -Cast Concrete Security/Screening Fence Construction Services :'ity of Denton, its Officials, Agents, Employees and volunteers are listed as an Additional Insured and a Waiver of Subrogation in favor of the certificate holder. 30 day notice of cancellation to the certificate holder CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Denton AUTHORIZED REPRESENTATIVE -e�'➢ 901-B Texas Street Denton, TX 76209 Ron Gant/BRIDGE —..... ......... ......... _ ©1^388ry2010 ACORD CORPORATION, rights reserved, ACORD 25 (2010l05) The ACORD name and logo are registered marks of ACORD Walsh's Hawk Construction LL.0 Hawk DBA HaConstruction POLICY NUMBER: PBP wk HJOO COMMERCIAL GENERAL LIABILITY LG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR: ORGANIZATION - a MMUMMIMMERM Name of Person or Organization: Per _ written contract (if no entry appee!s above-, information regwred to complete. thka endorsement vaitl bo zhown ire: the Deal.arWions as applicable to this endorsement ) A. Section II — Who Is An Insured is arnended to (1) All work, including materials, parts rr include as an insured the person or organization equipment furnished in ccninertim) With shown in the Schedule., but only with respect to i- such work, on the project (other than ability arising nut of your ongoing operations per- service, rnaintenancee or repairs) to be formed for That insured performed by or on behalf of the addi- B. With respect to the +nsurance afforded to these tional insured(s) at the s'de of the raw erect operations has been completed; or additional insureds, the following exclusion is added. (2) That portion of "your work" out of which 2, Exclusions the injury or dbrnage arises has bei rn prat to its intended use by any v-ersen or This insurance does not apply to "bodily injury" organization other than another or "property damage" occurring after contractor or subcontractor engaged in perfors;ning operations for a principal as a part ofthe sarne protect CG 20 10 10 01 CO ISO Properties, Inc., 2000 Page 1 of 1 Walsh's Hawk Construction LLC DBA Hawk Construction POLICY NUMBER, COMMERCIAL GENERAL LIABILITY PBP236968500 CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement mom les insurance provided kinder the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization,, Per written contract Location And Description of Completed Operations: AddiLivrial Pithllioiin: (11' no entry appears. above, information required to complete this endorsement will be shown in the- DeCieiratlUlls as applicable to this endorseroent! zzfcneuule(DUT Only VAIR gk�t�pt;:";k -.0 ilaflljly 611t>1119 out lul juliv ZT01 A 17 ine QUEM 10T5 ;schedule of:this endorsement performed for that insured and inchided in the �'products-corppleted oper2tiOns haz- are". CG 20 37 10 01 ISO Properties, Inc., 2000 Page 1 of 1 ,-% TexmMutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001168898 20140518 of the Texas Mutual Insurance Company Issuedto WALSH'S HAWK CONTRUCTION CO LLC DBA : HAWK CONSTRUCTION Endorsement No. Premium $ ._..._.........._........_.. Authorize d ..................�-.�_ ..0 Representative WC420304A (ED. 1-01-2000) AGENT'S COPY QUSER 5-16-2014 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6641388 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute pp Gant and appoint, RgnnrP all of the city of MCKINNEY state of,TX __......._ each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of July , 2014 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Uberty Mutual Insurance Company WestAmericarl Insurance Company By David M. Carey, Assistant Secretary On this 14th day of July m w 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto sub ribed my mane and affixed my notarial seal al Plymouth I eting,`Pemrsylvenla, on the "day aand� year first above written. Bya Teresa Pastella , Notary Public This Power of Attorney is made and executed pur uanttoand by authority of the following By-laws and Authorizations of American Fire and Casualty Company„ The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power ofAttomey. Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman orthe President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. -fh 2�1- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of ....m-„- „ �; ,, -. W 72 By. Gregory W. Davenport, Assistant Secretary LMS 12e73 122013 1 of 100