2013-265ORDINANCE NO. 2013-265
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC
WORKS CONTRACT FOR PARKING LOT AND INFRASTRUCTURE IMPROVEMENTS FOR
THE CITY OF DENTON SOLID WASTE OPERATIONS BUILDING; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
5222-AWARDED TO CALIBER CONSTRUCTION 1NC.1N AN AMOUNT NOT-TO-EXCEED
$359,198).
WHEREAS, the City has solicited, received and tabulated competitive proposals for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described proposal is the highest scored proposal for the construction of the public works
or improvements described in the Request for Proposal (RFP) document and plans and specifications
therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive proposal for the construction of public works or
improvements, as described in the "Request for Proposals" or plans and specifications on file in the
Ofiice of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby
accepted and approved:
RFP
NUMBER CC�� [ 9�1�( 1(�R AMOUNT
5222 Caliber Construction, Inc. $359,198
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal for construction of
such public works or improvements herein accepted and approved, until such person shall comply
with all requirements specified in the Notice to Proposers including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the proposals accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein.
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 RFP 5222 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive proposals and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved proposals and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
�
,��� ,��;��tl"�������°� , 2013.
PASSED AND APPROVED this the ��w��m_ day of ��� �„_ww .r � �,,,
�, � �'��°�
yw f,'�f �,�`M1'rq; ., 8. �.. �y
; n
h». „ ,,,' � � „ i �
M �, .—�.� � �� 1��� MAYO._.....,n
ARK � l�� l ���t�U.. ....,.._— ... R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
��,� �
,�
M
n� � �
��
" "" �_� ;��
B Y��� � ������ ���. � _. ..
� �� �,��..,��
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
� �� ����
� � � � �� �
� � �� � , „� �, �` � �,� �,
BY:,�.. ��:�:..�"�� ��� �' _...._.... ,
�.��a��� � szzz ���w����� . �...
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND CALIBER CONSTRUCTION, INC,
(RFP 5222)
THIS CONTRACT is made and entered into this 1 day of October 2013, by and between
Caliber Construction, Inc. a corporation, whose address is 504 Chambers St, Denton. TX 76205,
hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas Municipal
Corporation and Home-Rule City, hereinafter referred to as "City," to be effective 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 of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide construction services in accordance with the City's RFP/#5222-
�c��a��r=Gac:tic��i t��''���li�i i�i�'x�st�: ���a�r�tit�t�� E���il�irat� �'�rl�:��t�� It�°����•c��°�.�r��i�l_s, a copy of which is on
file at the office of Purchasing Agent and incorporated herein for all purposes as "Exhibit B".
The Contract consists of this written agreement and the following items which are attached
hereto and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit "A");
(b) City of Denton Request for Proposal # 5222 (Exhibit "B")
(c) City of Denton Standard Terms and Conditions (Exhibit 66�99�9
(d) Payment and Performance Bonds (Exhibit "D");
(e) Insurance Requirements (Exhibit 66T99)9
L
(� Form CIQ — Conflict of Interest Questionnaire (Exhibit "F");
(g) Contractor's Proposal. (E�a l�'bit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an 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 WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
66CONTRACTOR99
� � � i _�... CG �� �o i� 1 ��e �
By: �� �°�'� � � �� ��1� � � .��..
AUTHORIZED SIGNATURE
TYPED NAME: � ` � � � �
TITLE; C�-� � � �°� i1
��� � ������7 �"
� PHONE NUMBER
�� �1�; � � �-=� t`� i��-u°. � t� h (' � �,�� ����"ige.� ��� �t� . C o
E-MAIL ADDRESS
ATTEST: ���
..�� `� � �
*�� �
BY: ��" ��.� ��.. ._.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
„� �.
� ��
�� ,�
By � �������-� ' �e �
: i� e... �,�. �t ,� .�,�.....
G���RGE C. C'�"��1�1��;].a�;.�
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
��� ��
�4�� �
BY� " "� :� � �`��''l��"' ��
��'1?1� �;i� AS �� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� � . ����
BY� '�`°`"�`�� �.�..,- _�,. ��°.
_ - � �'''�... �� � �
��°
EXHIBIT A
SPECIAL TERMS AND CONDITIONS
None
EXHIBIT C
CITY OF DENTON STANDARD TERMS AND CONDITIONS
ARTICLE 1 GENERAL PROVISIONS
GENERAL DEFINITIONS
1.1 The following definitions apply throughout these General Conditions and to
the other Contract Documents:
a) THE CONTRACT DOCUMENTS
The Contract Documents consist of the formal 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 execution of the Contract, other
documents listed in the Contract, and Amendments issued after execution of the
Contract. For purposes of these General Conditions, an Amendment is:
(1) a written Supplemental Agreement to the Contract signed by authorized
representatives of both parties;
(2) a Change Order, including Change Orders signed only by the Owner as
described in Subparagraph 7.1(b) and Subparagraph 7.1(e); or
(3) a written order for a minor change in the Work issued by the
Architect/Engineer as described in Paragraph 7.3.
The Contract Documents also include bid documents such as the Owner's
Instructions to Bidders, sample forms, the Contractor's Bid Proposal and portions
of addenda relating to any of these documents, and any other documents,
exhibits or attachments specifically enumerated in the Building Construction
Services Agreement, but specifically exclude geotechnical and subsurface
reports that the Owner may have provided to the Contractor.
b) THE CONTRACT
The Contract Documents, as defined in Paragraph 1.1, are expressly
incorporated into and made a part of the formal Building Construction Services
Agreement between the Owner and the Contractor by reference in this
Paragraph and Paragraph 1.1 (which documents are sometimes also referred to
collectively in these General Conditions as the "Contract"). The Contract
Documents represent the entire and integrated agreement between the Owner
and the Contractor and supersede all prior negotiations, representations or
agreements, either written or oral. The terms and conditions of the Contract
Documents may be changed only by an Amendment. The Contract Documents
shall not be construed to create a contractual relationship of any kind:
(1) between the Architect/Engineer and Contractor;
(2) between the Owner and a Subcontractor or Sub-subcontractor; or
(3) between any persons or entities other than the Owner and Contractor.
The Architect/Engineer shall, however, be entitled to performance and
enforcement of obligations under the Contract Documents intended to facilitate
performance of the Architect/Engineer's duties.
c) THE WORK
The term "Work" means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all labor,
materials, equipment, and services provided or to be provided by the Contractor,
or any Subcontractors, Sub-subcontractors, material suppliers, or any other entity
for whom the Contractor is responsible, to fulfill the Contractor's obligations. The
Work may constitute the whole or a part of the Project.
d) THE PROJECT
The Project is the total construction more particularly described in the Building
Construction Services Agreement, of which the Work performed under the
Contract Documents may be the whole or a part of the Project and which may
include construction by the Owner or by separate contractors. All references in
these General Conditions to or concerning the Work or the site of the Work will
use the term "Project," notwithstanding that the Work may only be a part of the
Project.
e) THE DRAWINGS
The Drawings (also known as the "Plans") are the graphic and pictorial portions
of the Contract Documents, wherever located and whenever issued, showing the
design, location and dimensions of the Work, generally including plans,
elevations, sections, details, schedules, and diagrams.
f) THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the
written requirements for materials, equipment, construction systems, standards,
and workmanship for the Work, performance of related services, and other
technical requirements.
g) THE PROJECT MANUAL
The Project Manual is the volume or volumes which contain the bidding
requirements, sample forms, General Conditions for Building Construction,
special provisions, and Specifications. The Project Manual may be modified by
written addendums issued by the Owner during bidding, in which case the written
addendums become a part of the Project Manual upon their issuance, unless
otherwise indicated by the Owner in writing.
h) ALTERNATE
An Alternate is a variation in the Work on which the Owner requires a price
separate from the City Building General Conditions Base Bid. If an Alternate is
accepted by the Owner, the variation will become a part of the Contract through
the execution of a change order or amendment to the Contract and the Base Bid
will be adjusted to include the amount quoted. If an alternate is accepted by the
Owner, and later deleted prior to any Work under the alternate being performed
or materials delivered to the Project site, the Owner will be entitled to a credit in
the full value of the alternate as priced in the Contractor's Bid.
i) BASE BID
The Base Bid is the price quoted for the Work before Alternates are considered,
j) HAZARDOUS SUBSTANCE
The term Hazardous Substance is defined to include the following:
(1) any asbestos or any material which contains any hydrated mineral silicate,
including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite,
whether friable or non-friable;
(2) any polychlorinated biphenyls ("PCBs"), or PCB-containing materials, or
fluids;
(3) radon;
(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 thereof, 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 of release could have a significant effect on human
health, the environment, or natural resources;
(6) any substance that, whether by its nature or its use, is subject to regulation or
requires environmental investigation, monitoring, or remediation under 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)(I)
(including those defined by Section 9001(1) of the 1984 Hazardous and Solid
Waste Amendments to the Resource 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 under any
federal, state, or local environmental laws, rules, or regulations.
k) OTHER DEFINITIONS
As used in the Contract Documents, the following additional terms have the
following meanings:
(1) "provide" means to furnish, install, fabricate, 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 of the party to which reference is being made is
mandatory;
(3) "as required" means as prescribed in the Contract Documents; and
(4) "as necessary" means all action essential or needed to complete the work in
accordance with the Contract Documents and applicable laws, ordinances,
construction codes, and regulations.
1.2 EXECUTION, CORRELATION AND INTENT
(a) The Building Construction Services Agreement shall be signed by duly
authorized representatives of the Owner and Contractor as provided in the
Agreement.
(b) Execution of the Building Construction Services Agreement by the Contractor is a
representation that the Contractor has visited the site, become familiar with local
conditions, including but not limited to subsurface conditions, under which the
Work is to be perFormed and correlated personal observations with requirements
of the Contract Documents.
(c) The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the Work by the Contractor. The Contract
Documents are complementary, and what is required by one shall be as binding
as if required by all; performance by the Contractor shall be required only to the
extent consistent with the Contract Documents and reasonably inferable from
them as being necessary to produce the intended results.
(d) Organization of the Specifications into divisions, sections, and articles, and
arrangement of Drawings shall not control the Contractor in dividing the Work
among Subcontractors or in establishing the extent of Work to be performed by
any trade.
(e) Unless otherwise stated in the Contract Documents, words which have well-
known technical or construction industry meanings are used in the Contract
Documents in accordance with such recognized meanings.
(f) The Drawings and Specifications are intended to agree with one another, and
Work called for by Drawings and not mentioned in Specifications, or vice versa,
shall be furnished as if set forth by both. Specifications shall govern materials,
methods and quality of work. In the event of a conflict on the Drawings between
scale and dimension, figured dimensions shall govern over scale dimensions and
large scale drawings shall govern over small scale drawings. Conflict between
two or more dimensions applying to a common point shall be referred to the
Architect/Engineer/Engineer for final adjustment. If discrepancies or conflicts
occur within or between the Drawings and Specifications regarding the Work, or
within or between other Contract Documents, the Contractor shall not perForm
such Work without having obtained a clarification from the Architect/Engineer and
resolution by the Owner. The Owner's decision as to the appropriate resolution of
a conflict or discrepancy shall be final. Should the Drawings or the Specifications
disagree within themselves or with each other; the Base Bid will be based on the
most expensive combination of quality and quantity of Work indicated.
(g) Deviations from Contract Documents shall be made only after written
approval is obtained from Architect/Engineer and Owner, as provided in
Article 7.
(h) The intention of the Contract Documents is to include all materials, labor,
tools, equipment, utilities, appliances, accessories, services, transportation,
and supervision required to completely perForm the fabrication, erection and
execution of the Work in its final position.
(i) The most recently issued Drawing or Specification takes precedence over
previous issues of the same Drawing or Specification. In the event of a
conflict, the order of precedence of interpretation of the Contract Documents
is as follows:
(1) Amendments (see Paragraph 7.2 for order of precedence between
Amendments);
(2) the Building Construction Services Agreement;
(3) addenda, with those addenda of later date having precedence over those
of an earlier date;
(4) the Supplementary General Conditions and Special Provisions, if any;
(5) the General Conditions for Building Construction;
(6) the Specifications and Drawings.
1.3 OWNERSHIP AND USE OF ARCHITECT/ENGINEER'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
All Drawings, Specifications, and copies thereof furnished by the Architect/Engineer
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 1.1 Q), which terms are of common grammatical usage and are not
normally capitalized);
(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 nouns or other words required under standard grammatical rules to be
capitalized.
ARTICLE 2 THE OWNER
2.1 DEFINITION OF OWNER
The Owner is the City of Denton, a Texas municipal corporation, and is identified as
such in the Building Construction Services Agreement, and is referred to throughout
the Contract Documents as if singular in number. The term "Owner" means the
Owner or the Owner's authorized representatives.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
(a) The Owner shall furnish the most recent survey describing the physical
characteristics, legal limits, utility locations, and a permanent benchmark for the
site of the Project. 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 INFORMATION IS
FURNISHED TO THE CONTRACTOR ONLY IN ORDER TO MAKE
DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY
FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT,
WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART,
IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER
SHALL HAVE NO LIABILITY FOR THIS 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, easements, 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 on 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 current
schedule.
(d) Unless otherwise provided in the Contract Documents, the Contractor will be
furnished electronic copies of the Drawings and Specifications for bid purposes
and one hard copy approved by Building Inspections upon execution of the
Contract. Contractor may obtain additional copies by paying the cost of additional
printing or reproduction.
(e) The obligations described above are in addition to other duties and
responsibilities of the Owner enumerated in the Contract Documents and
especially those in respect to Article 6(Construction by Owner or by Separate
Contractors), Article 9(Payments and Completion), and Article 11 (Insurance and
Bonds).
(f) The Owner shall forward all instructions to the Contractor through the
Architect/Engineer, except for the Owner's Notice to Proceed 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 the Project
site during performance of the Work to assist the Architect/Engineer in the
perFormance of the Architect/Engineer's duties and to verify the Contractor's
record of the number of workmen employed on the Work, their occupational
classification, the time 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
If the Contractor fails to correct any portion of the Work which is not in accordance
with the requirements of the Contract Documents as required by Paragraph 12.2 or
refuses 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.
2.4 OWNER'S RIGHT TO CARRY OUT 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 fails 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 Architect/Engineer'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/Engineer. If payments then
or thereafter due the Contractor are not sufficient to cover the cost of correction, the
Contractor shall pay the difference to the Owner.
2.5 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 Sum
whatsoever for this reason.
ARTICLE 3 THE CONTRACTOR
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.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
(a) The Contractor shall carefully check, study, and compare the Contract
Documents with each other and shall at once report to the Architect/Engineer in
writing any inconsistency, ambiguity, error, omission, conflict, or discrepancy the
Contractor may discover. The Contractor shall also verify all dimensions, field
measurements, and field conditions before laying out the Work. The Contractor
will be held responsible for any subsequent error, omission, conflict, or
discrepancy which might have been avoided by the above-described check,
study, comparison, and reporting. In the event the Contractor continues to work
on an item where an inconsistency, ambiguity, error, omission, conflict, or
discrepancy exists without obtaining such clarification or resolution or
commences an item of the Work without giving written notice of an error,
omission, conflict, or discrepancy that might have been avoided by the check,
study, and comparison required above, it shall be deemed that the Contractor bid
and intended to execute the more stringent, higher quality, or state of the art
requirement, or accepted the condition as is in the Contract Documents, without
any increase to the Contract Sum or Contract Time. The Contractor shall also be
responsible to correct any failure of component parts to coordinate or fit properly
into final position as a result of Contractor's failure to give notice of and obtain a
clarification or resolution of any error, omission, conflict, or discrepancy, without
any right to any increase to the Contract Sum or Contract Time.
(b) The Contractor shall perForm the Work in accordance with the Contract
Documents and submittals approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
(a) The Contractor shall supervise and direct the Work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have
control over construction means, methods, techniques, sequences, and
procedures and for coordinating all portions of the Work, unless the Contract
Documents set forth 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-subcontractors, and their
respective agents and employees, and any other persons perForming portions of
the Work under a subcontract with the Contractor or with any Subcontractor, and
all other persons or entities for which the Contractor is legally responsible. All
labor shall be perFormed by mechanics that are trained and skilled in their
respective trades. Standards of work required throughout shall be of a quality
that will bring only first class results. Mechanics whose work is unsatisfactory, or
who are considered careless, incompetent, unskilled, or otherwise objectionable
shall be dismissed promptly from the Work and immediately replaced with
competent, skilled personnel. Any part of the Work adversely affected by the acts
or omissions of incompetent, unskilled, careless, or objectionable personnel shall
be immediately corrected by the Contractor.
(c) The Contractor shall not be relieved of its obligation to perform the Work in
accordance with the Contract Documents either by activities or duties of the
Architect/Engineer in the Architect/Engineer's administration of the Contract, or
by tests, inspections, or approvals required or performed by persons other than
the Contractor.
(d) The Contractor shall be responsible for inspection of portions of Work already
performed under this Contract to determine that such portions are in proper
condition to receive subsequent Work. The Contractor's responsibility under this
paragraph will not in any way eliminate the Architect/Engineer's responsibility to
the Owner under the Architect/Engineer/Owner Agreement.
(e) Any Contractor, Subcontractor, Sub-subcontractor, or separate contractor who
commences Work over, in, or under any surFace prepared by the Owner or by
any other contractor, subcontractor, sub-subcontractor or separate contractor
without the Contractor having given written notice to the Architect/Engineer of the
existence of any faulty surFace or condition in the surface that prevents achieving
the quality of workmanship specified by the Contract Documents and without
having obtained the prior approval of the Architect/Engineer and the Owner to
proceed is deemed to have accepted the surface or condition in the surface as
satisfactory at the commencement of such Work. Any unsatisfactory Work
subsequently resulting from such a faulty surface or condition in the surface that
was not pre-approved by the Architect/Engineer or the Owner after notice as
provided above may be rejected and replacement required, without any increase
to the Contract Sum or Contract Time.
(f) All grades, lines, levels, and benchmarks shall be established and maintained on
an ongoing basis by the Contractor. The Contractor is solely responsible for any
errors made in establishing or maintaining proper grades, lines, levels, or
benchmarks. Each Contractor for his own Work shall verify all grades, lines,
levels, and dimensions as indicated on Drawings. He shall report any errors,
omissions, conflicts, or inconsistencies to Architect/Engineer before commencing
any Work affected by these conditions. Contractor shall establish and safeguard
benchmarks in at least two widely separated places and, as Work progresses,
establish benchmarks at each level and lay out partitions on rough floor in exact
locations as guides to all trades. The Contractor shall, from the permanent
benchmark provided by the Owner, establish and maintain adequate horizontal
and vertical control.
3.4 LABOR AND MATERIALS
(a) Except as is otherwise specifically provided in the Contract Documents as being
the responsibility of the Owner, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper
execution and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
(b) The Contractor shall enforce strict discipline and good order among the
Contractor's employees and other persons carrying out the Contract. The
Contractor shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them.
(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 of Denton, Texas;
(3) to bona fide residents of the State of Texas;
(4) to bona fide residents of the United States.
3.5 WARRANTY
(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 furnished 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 executed
by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by the Architect/Engineer,
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) of these General Conditions. THE GENERAL
WARRANTY PROVIDED IN THIS SUBPARAGRAPH IS IN ADDITION TO AND
DOES NOT LIMIT OR DISCLAIM ANY OTHER WARRANTY OR REMEDY
REQUIRED OR PROVIDED BY LAW OR THE CONTRACT DOCUMENTS AND
SUCH WARRANTY SHALL REQUIRE THE CONTRACTOR TO REPLACE
DEFECTIVE MATERIALS AND RE-EXECUTE DEFECTIVE WORK THAT IS
DISCLOSED BY THE OWNER TO THE CONTRACTOR WITHIN A PERIOD OF
ONE (1) YEAR AFTER SUBSTANTIAL COMPLETION OF THE ENTIRE WORK
OR, IF A LATENT DEFECT, WITHIN ONE (1) YEAR AFTER DISCOVERY BY
THE OWNER OF THE LATENT 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 TAXES
The Owner qualifies for exemption from 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 of tangible personal property furnished 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 perFormance of the Contract which is to be completely consumed at the
job site. The Contractor shall issue an exemption certificate in lieu of the tax on such
purchases.
3.7 PERMITS, FEES AND NOTICES
(a) The Architect/Engineer will apply and arrange for the issuance of the City of
Denton Building Permit. The Contractor and Subcontractors will apply and
arrange for the issuance of all other required permits, and will not be required to
pay a fee for any City of Denton permits required for the Project. The Owner will
pay all service extension charges, including tap fees, assessed by the Water
Utilities Department.
(b) The Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations, and lawful orders of governmental entities or agencies
applying to pertormance of the Work.
(c) Except as provided in Subparagraph (d) below, it is not the Contractor's
responsibility to ascertain that the Contract Documents are in accordance with
applicable laws, ordinances, construction codes, and rules and regulations.
However, if the Contractor observes that portions of the Contract Documents are
at variance with applicable laws, ordinances, construction codes, rules or
regulations, the Contractor shall promptly notify the Architect/Engineer and the
Owner in writing, and necessary changes shall be accomplished by appropriate
Amendment.
(d) If the Contractor performs Work knowing it to be contrary to laws, ordinances,
construction codes, or rules and regulations without notifying the
Architect/Engineer and the Owner, the Contractor shall assume full responsibility
for the Work and shall bear the attributable costs of the correction of the Work
and any other Work in place that may be adversely affected by the corrective
work.
3.8 ALLOWANCES
(a) The Contractor shall include in the Contract Sum all allowances stated in the
Contract Documents. Items covered by allowances shall be supplied for the
amounts identified in the Contract and by persons or entities as the Owner may
direct, but the Contractor shall not be required to employ persons or entities
against which the Contractor makes reasonable objection.
(b) Unless otherwise provided in the Contract Documents:
(1) materials and equipment under an allowance shall be selected promptly by
the Owner to avoid delay in the Work;
(2) the amount of each allowance shall cover the cost to the Contractor of
materials and equipment delivered at the site less all exempted taxes and
applicable trade discounts;
(3) the amount of each allowance includes the Contractor's costs for unloading
and handling at the site, labor, installation costs, overhead, profit, and other
expenses contemplated for stated allowance Work;
(4) whenever costs are more than or less than allowances, the Contract Sum
shall be adjusted accordingly by Change Order. The amount of the Change
Order shall reflect:
(i) the difference between actual costs and the allowances under Clause (b)
(2); and
(ii) changes in Contractor's costs under Clause (b) (3);
(5) the Owner retains the right to review and approve Subcontractors selected by
the Contractor to perForm work activities covered by allowances.
3.9 SUPERINTENDENT
The Contractor shall employ a competent superintendent and necessary assistants
who shall be in attendance at the Project site during perFormance of the Work. The
superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be
similarly confirmed on written request in each case. The Owner reserves the right to
request that the Contractor replace its superintendent at any time and the Contractor
will replace said superintendent at the Owner's direction.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
(a) The Contractor shall, immediately after award of the Contract and before
submittal of the first Application for Payment, prepare and submit the
construction schedule for the Architect/Engineer's and Owner's information,
review, and approval in accordance with the following provisions:
(1) Unless otherwise approved in writing by the Owner, the construction schedule
shall not exceed the Contract Time limits currently in effect under the Contract
Documents and shall provide for expeditious and practicable execution of the
Work.
(2) The construction schedule shall include all shop drawing and submittal data
requirements, indicating for each:
(i) the latest date to be submitted by the Contractor; and
(ii) the latest date for approval by the Architect/Engineer.
(3) The construction schedule shall be in the form of a critical path management
schedule, and shall indicate each critical task (the "predecessor") of all the
major construction activities of the Work in a logical and sequential order (the
"project network") which requires completion prior to commencement of the
task next following (the "successor"). Each task shall be identified with:
(i) actual work time, exclusive of slack time, for accomplishment;
(ii) the latest start date;
(iii) the latest finish date;
(iv) the amount of float associated with each task;
(v) the amount of labor, material, and equipment associated with each task;
and
(vi) the percentage of completion as of the date of the current schedule.
(4) The construction schedule shall be revised and updated monthly to reflect the
actual status of the Work and shall be submitted with each Application for
Payment.
(5) On or before the first day of each month, following the date of
commencement of the Work as stated in the notice to proceed, the Contractor
shall prepare and submit to the Architect/Engineer and the Owner an up-to-
date status report of the progress of the various construction phases of the
Work in the form of an updated construction schedule. This status report shall
consist of a time scale drawing indicating actual progress of the various
phases of the Work and the percentage of completion of the entire Work. The
original construction schedule shall be updated or changed to indicate any
adjustments to the Contract Time granted by the Owner. The updated
schedule must be submitted with the Contractor's Application for Payment.
No application will be certified without a satisfactory update to the
construction schedule.
(6) The construction schedule will also be revised to show the effect of change
orders and other events on Contract Time. No request for an increase in
Contract Time will be considered unless it is accompanied by a schedule
revision demonstrating the amount of time related to the cause of the request.
If the Contractor's status schedules reflect that the Contractor has fallen
behind the pace required to complete the Work within the Contract Time,
through no fault of the Owner, the Contractor shall prepare a recovery
schedule demonstrating how it intends to bring its progress back within the
Contract Time. This recovery schedule shall be in a form acceptable to the
Owner.
(7) 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 or extra cost and shall
be included in the Contract Sum.
(8) The Contract Sum is deemed to be based upon a construction schedule
requiring the full Contract Time. NO CLAIM FOR ADDITIONAL
COMPENSATION SHALL BE ALLOWED AS A RESULT OF THE
CONTRACTOR BASING HIS BID ON AN EARLY COMPLETION
SCHEDULE, OR AS A RESULT OF DELAYS AND COSTS ATTRIBUTABLE
TO COMPLETION LATER THAN THE PLANNED EARLY COMPLETION
DATE.
(b) The Contractor shall also prepare and keep current, for the
Architect/Engineer's approval, a schedule of submittals which is
coordinated with the Contractor's construction schedule and allows the
Architect/Engineer reasonable time to review submittals.
(c) The Contractor shall conform to the most recent schedules approved as to
form by the Architect/Engineer and the Owner. Any subsequent revisions
made by the Contractor to schedules in effect shall conform to the
provisions of Subparagraph 3.10(a)
(d) If the Work falls behind the approved construction schedule, the
Contractor shall take such steps as may be necessary to improve his
progress, and the Architect/Engineer and the Owner may require him to
increase the number of shifts, overtime operations, days of 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 DOCUMENTS AND SAMPLES AT THE PROJECT SITE
The Contractor shall maintain at the Project 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 Project 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/Engineer for submittal to
the Owner upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA 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.
(d) Shop 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/Engineer 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 Contractor 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 of Shop Drawings, Product Data, Samples, or similar submittals until the
respective submittal has been approved by the Architect/Engineer. Work
requiring this submittal and review shall be in accordance with approved
submittals and any identified exceptions noted by the Architect/Engineer.
(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 measurements, 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 directed to Paragraph 3.2 of these General
Conditions and the requirements stated in that Paragraph.
(h) The Contractor shall not be relieved of responsibility for deviations, substitutions,
changes, additions, deletions or omissions from requirements of the Contract
Documents by the Architect/Engineer's approval of Shop Drawings, Product
Data, Samples, or similar submittals unless the Contractor has specifically
informed the Architect/Engineer in writing of such substitutions, changes,
additions, deletions, omissions, or deviations involved in the submittal at the time
of submittal and the Architect/Engineer, subject to a formal Change Order signed
by the Owner, Architect/Engineer and Contractor, has given written approval to
the specific substitutions, changes, additions, deletions, omissions, or deviations.
The Contractor shall not be relieved of responsibility for errors or omissions in
Shop Drawings, Product Data, Samples, or similar submittals by the
Architect/Engineer's approval thereof. Further, notwithstanding any approval of a
submittal by the Architect/Engineer, the Contractor shall be responsible for all
associated Project costs, including costs of coordination's, modifications, or
impacts, direct or indirect, resulting from any and all substitutions, changes,
additions, deletions, omissions, or deviations, whether or not specifically
identified by the Contractor to the Architect/Engineer at the time of the above-
mentioned submittals, including additional consulting fees, if any, in any and all
accommodations associated with such substitutions, changes, additions,
deletions, omissions, or deviations to the requirements of the Contract
Documents.
(i) The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples, or similar submittals, to additional revisions
other than those requested by the Architect/Engineer on previous submittals. In
the absence of such written notice, the Architect/Engineer's approval of a
resubmission shall not apply to the additional revisions not requested.
Q) Informational submittals upon which the Architect/Engineer is not expected to
take responsive action may be so identified in the Contract Documents.
(k) When professional certification of performance criteria of materials, systems, or
equipment is required by the Contract Documents, the Architect/Engineer shall
be entitled to rely upon the accuracy and completeness of such calculations and
certifications.
3.13 USE OF THE PROJECT SITE
The Contractor shall confine operations at the Project site to areas permitted by
law, ordinances, permits, and the Contract Documents and shall not unreasonably
encumber the Project site with materials or equipment.
3.14 CUTTING AND PATCHING
(a) The Contractor shall be responsible for cutting, fitting or patching required to
complete the Work or to make its parts fit together properly.
(b) The Contractor shall not damage or endanger a portion of the Work or any fully
or partially completed construction of the Owner or separate contractors by
cutting, patching, or otherwise altering the construction, or by excavating. The
Contractor shall not cut or otherwise alter the construction by the Owner or a
separate contractor except with the written consent of the Owner and of the
separate contractor; consent shall not be unreasonably withheld. The
Contractor shall not unreasonably withhold from the Owner or a separate
contractor the Contractor's consent to cutting or otherwise altering the Work.
(c) A Hot Work Permit must be obtained from the City of Denton's Facilities
Management Department, 869 S. Woodrow Lane, Denton, Texas (940 349-
7200) for any temporary operation involving open flames or producing heat
and/or sparks. This includes, but is not limited to: Brazing, Cutting, Grinding,
Soldering, Torch Applied Roofing and Welding.
3.15 CLEANING UP
(a) The Contractor shall keep the Project site and surrounding area free from
accumulation of waste materials or rubbish caused by operations under the
Contract. Upon the completion of the Work the Contractor shall remove from
and about the Project site all waste materials, and rubbish, and all of the
Contractor's tools, construction equipment, machinery, and surplus materials..
(b) If the Contractor fails to clean up as provided in the Contract Documents, the
Owner may clean up and the Owner's cost of cleaning up shall be charged to
the Contractor.
3.16 ACCESS TO WORK
The Contractor shall provide the Owner and the Architect/Engineer access to the
Work in preparation and progress wherever located during the course of
construction.
3.17 TESTS AND INSPECTIONS
(a) Tests, inspections, and approvals of portions of the Work required by the
Contract Documents or by laws, ordinances, rules, regulations, or orders of
governmental entities or agencies having jurisdiction over the Work shall be
made at appropriate times. Unless otherwise provided, the Contractor shall make
arrangements for such tests, inspections, and approvals with an independent
testing laboratory or entity acceptable to the Owner or with the appropriate
governmental entity or agency, and the Contractor shall bear all related costs of
tests, inspections, and approvals. The Contractor shall give the
Architect/Engineer timely notice of when and where tests and inspections are to
be made so the Architect/Engineer may observe such procedures. The Owner
shall bear costs of tests, inspections, or approvals which become requirements
after bids or proposals are received.
(b) If the Architect/Engineer, the Owner or other public authorities having jurisdiction
over the Work determine that portions of the Work require additional testing,
inspection or approval not included under Subparagraph 3.17(a), the
Architect/Engineer will, upon written authorization from the Owner, instruct the
Contractor to make arrangements for such additional testing, inspection or
approval by an entity acceptable to the Owner, and the Contractor shall give
timely notice to the Architect/Engineer of when and where tests and inspections
are to be made so that the Architect/Engineer may observe such procedures.
The Owner shall bear such costs except as provided in Subparagraph 3.17(c).
(c) If procedures for testing, inspection, or approval under Subparagraphs 3.17(a)
and 3.17(b) reveal deficiencies or nonconformities in the Work, the Contractor
shall bear all costs made necessary to correct the deficiencies or
nonconformities, including those of repeated procedures and compensation for
the Architect/Engineer's services and expenses, if any. The Contractor shall bear
the costs of any subsequent testing, inspection, or approval of the corrected
Work.
(d) Required certificates of testing, inspection or approval shall, unless otherwise
required by the Contract Documents, be secured by the Contractor and promptly
delivered to the Architect/Engineer.
(e) If the Architect/Engineer is to observe tests, inspections or approvals required by
the Contract Documents, the Architect/Engineer will do so promptly and, where
practicable, at the normal place of testing or inspection.
(f) Tests or 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 SHALL
COMPLETELY DEFEND, INDEMNIFY AND HOLD OWNER AND
ARCHITECT/ENGINEER HARMLESS FROM ANY AND ALL SUITS OR CLAIMS
FOR INFRINGEMENT OF PATENT RIGHTS, REGARDLESS OF WHETHER OR
NOT THE OWNER OR THE ARCHITECT/ENGINEER SPECIFIED A
PARTICULAR DESIGN, PROCESS OR PRODUCT IN THE CONTRACT
DOCUMENTS THAT MAY BE THE SUBJECT OF A PATENT INFRINGEMENT
OR OTHERWISE ACTIVELY INDUCED OR CONTRIBUTED TO THE
INFRINGEMENT. In the event the Contractor has reason to believe that a
particular design, process or product specified infringes a patent, the Contractor
shall immediately notify the Owner and the Architect/Engineer of same.
3.19 INDEMNIFICATION
(a) THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE
OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES, AND THE
ARCHITECT/ENGINEER, HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR
PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER
HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR
PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT
MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF
ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS
OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL,
OR STRICTLY LIABLE ACT OR OMISSION OF THE CONTRACTOR, ITS
OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, OR SUB-
SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR
REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH
THE CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF
THIS CONTRACT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE
SOLE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS,
EMPLOYEES OR SEPARATE CONTRACTORS, OR OF THE
ARCHITECT/ENGINEER, AND IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OR FAULT OF THE CONTRACTOR, THE OWNER, AND THE
ARCHITECT/ENGINEER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL
BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF
TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY
AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING
ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS
OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES
HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
(b) In claims against any person or entity indemnified under this Paragraph 3.19 by
an employee of the Contractor, a Subcontractor, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, the
indemnification obligation under this Paragraph 3.19 shall not be limited by a
limitation on amount or type of damages, compensation or benefits payable by or
for the Contractor or a Subcontractor under workers compensation acts, disability
benefit acts or other employee benefit acts.
(c) Indemnification under 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 safety and health of workers. The
Contractor specifically agrees to comply with the above-mentioned laws and
regulations in the performance of 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.
ARTICLE 4 CONTRACT ADMINISTRATION
4.1 THE DESIGN PROFESSIONAL (ARCHITECT/ENGINEER)
(a) The design professional is the person lawfully licensed to practice architecture or
engineering or a firm 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 Documents as if
singular in number. The term "Architect/Engineer" means the Architect/Engineer
or the Architect/Engineer's authorized representative. The Owner may, at its
option, designate a qualified Owner representative to serve as the
Architect/Engineer on the Project instead of an outside firm or person. In such
event, the references in these General Conditions that refer to the
Architect/Engineer shall apply to the Owner-designated Architect/Engineer
representative and the Owner-designated Architect/Engineer representative shall
be accorded that same status by the Contractor.
(b) In the event the Architect/Engineer is an outside person or firm and the
Architect/Engineer's employment is terminated, the Owner may, at its option,
contract with a new outside Architect/Engineer to replace the former, or may
designate a qualified Owner representative to serve as the Architect/Engineer.
The replacement Architect/Engineer, whether an Owner representative, an
independent Architect/Engineer or any other qualified person or entity, shall be
regarded as the Architect/Engineer for all purposes under the Contract
Documents and shall be accorded that same status by the Contractor. Any
dispute in connection with such appointment shall be reviewed and settled by the
Owner, whose decision shall be final and binding.
(c) Owner reserves the right to appoint a representative empowered to act for the
Owner during the Construction Phase and to supersede the Architect/Engineer's
Construction Phase responsibility. Similarly, from time to time the Owner may
expand or reduce the Owner's delegation of powers to the Architect/Engineer,
with the Owner notifying the Contractor of any such changes. The
Architect/Engineer shall not be construed as a third party beneficiary to the
Contract and can in no way object to any expansion or reduction of powers as
set forth in this Subparagraph (c). In no event, however, shall the Owner have
control over charge of, or be responsible for, construction means, methods,
techniques, sequences, or procedures, or for safety precautions or programs in
connection with the Work since these are solely the Contractor's responsibility.
The Owner will not be responsible for the Contractor's failure to carry out the
Work in accordance with the Contract Documents. The Owner will not have
control over or charge of and will not be responsible for acts or omissions of
Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work.
4.2 ARCHITECT/ENGINEER'S RESPONSIBILITIES DURING CONSTRUCTION
(a) The Architect/Engineer will administer the Contract as described in the Contract
Documents and in accordance with the terms of the Architect/Engineer's
agreement with the Owner, where applicable, subject to the direction and
approval of the Owner. If requested by the Contractor, the provisions of the
Owner/Architect/Engineer Agreement will be made available to the Contractor.
(b) The Architect/Engineer shall provide, during performance of the Work, adequate
and competent periodic on-site construction observation, periodically visiting the
Project site to the extent necessary to personally familiarize themselves with the
progress and quality of the Work, and to determine if the Work is proceeding in
accordance with the Contract Documents. The Architect/Engineer shall not,
however, be required to make continuous on-site inspections to check the Work.
Field reports of each visit shall be prepared by the Architect/Engineer and
submitted to the Owner. The Architect/Engineer shall employ all reasonable
measures to safeguard the Owner against defects and nonconformities in the
Work. The Architect/Engineer shall not be responsible for the construction
means, methods, techniques, sequences of procedures, nor for the safety
precautions and programs employed in connection with the Work. The
Architect/Engineer will, however, immediately inform the Owner whenever
defects or nonconformities in the Work are observed, or when any observed
actions or omissions are undertaken by the Contractor or any Subcontractor
which are not in the best interests of the Owner or the Project.
(c) The Architect/Engineer and the Owner will not have control over or charge of and
will not be responsible for construction means, methods, techniques, sequences,
or procedures, or for safety precautions and programs in connection with the
Work, since these are solely the Contractor's responsibility as provided in
Paragraph 4.3. The Architect/Engineer and the Owner will not be responsible for
the Contractor's failure to carry out the Work in accordance with the Contract
Documents. The Architect/Engineer and the Owner will not have control over or
charge of and will not be responsible for acts or omissions of the Contractor,
Subcontractors, Sub-subcontractors, or their respective agents or employees, or
of any other persons performing portions of the Work for which the Contractor is
responsible.
(d) Except as otherwise provided in the Contract Documents or when direct
communications have been specially authorized, the Owner and Contractor shall
endeavor to communicate through the Architect/Engineer. Communications by
and with the Architect/Engineer's consultants shall be through the
Architect/Engineer. Communications by and with Subcontractors and material
suppliers shall be through the Contractor. Communications by and with separate
contractors will be through the Owner. The Contractor shall provide written
confirmation of communications made directly with the Owner and provide copies
of such confirmation to the Architect/Engineer.
(e) Based on the Architect/Engineer's observations and evaluations of the
Contractor's Applications for Payment, the Architect/Engineer will review and
certify the amounts due the Contractor and will issue Certificates for Payment in
such amounts.
(f) The Architect/Engineer and the Owner will each have authority to reject Work
which does not conform to the Contract Documents. Whenever the
Architect/Engineer considers it necessary or advisable for implementation of the
intent of the Contract Documents, the Architect/Engineer will have authority to
require additional inspection or testing of the Work in accordance with
Subparagraphs 3.17(b) and 3.17(c), whether or not such Work is fabricated,
installed or completed. However, neither this authority of the Architect/Engineer
nor a decision made in good faith either to exercise or not to exercise such
authority shall give rise to any duty or responsibility of the Architect/Engineer to
the Contractor, Subcontractors, material and equipment suppliers, their agents or
employees, or other persons performing portions of the Work.
(g) The Architect/Engineer will review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data, and
Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
The Architect/Engineer's action will be taken with such reasonable promptness
as to not delay the Work or the activities of the Owner, Contractor, or separate
contractors. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of pther details such as dimensions
and quantities, or for substantiating instructions for installation or perFormance of
equipment or systems, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect/Engineer's review of the
Contractor's submittals shall not relieve the Contractor of any obligations under
Paragraphs 3.3, 3.5, and 3.12. The Architect/Engineer's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated
in writing by the Architect/Engineer, of any construction means, methods,
techniques, sequences, or procedures. The Architect/Engineer's approval of a
specific item shall not indicate approval of an assembly of which the item is a
component.
(h) The Architect/Engineer will prepare Change Orders and may authorize minor
changes in the Work as provided in Paragraph 7.3.
(i) The Architect/Engineer will conduct inspections to determine the date or dates of
Substantial Completion and the date of final completion, will receive and forward
to the Owner for the Owner's review and records written warranties and related
documents required by the Contract and assembled by the Contractor, and will
issue a final Certificate for Payment upon compliance with the requirements of
the Contract Documents.
(j) If the Owner and Architect/Engineer agree, the Architect/Engineer will provide
one or more Project representatives to assist in carrying out the
Architect/Engineer's responsibilities at the site. The duties, responsibilities, and
limitations of authority of such Project representatives shall be as set forth in an
exhibit to be incorporated into the Contract Documents.
(k) The Architect/Engineer will interpret and make recommendations to the Owner
concerning performance under and requirements of the Contract Documents
upon written request of either the Owner or Contractor. The Architect/Engineer's
response to such requests will be made with reasonable promptness and within
any time limits agreed upon. The Architect/Engineer shall secure the Owner's
written approval before issuing instructions, interpretations, or judgments to the
Contractor which change the scope of the Work or which modify or change the
terms and conditions of any of the Contract Documents.
(I) Interpretations and decisions of the ArchitecUEngineer will be consistent with the
intent of and reasonably inferable from the Contract Documents and will be in
writing or in the form of Drawings. When making such interpretations and
decisions, the Architect/Engineer will endeavor to secure faithful performance by
the Contractor.
(m)The Architect/Engineer's decisions on matters relating to aesthetic effect will be
final if consistent with the intent expressed in the Contract Documents provided
that the Architect/Engineer has prior written approval of the Owner.
4.3 CLAIMS AND DISPUTES
(a) Definition; General Notice of Claim Procedure. As used in these General
Conditions, a"Claim" means a demand or assertion by one of the parties to the
Contract seeking an adjustment of the terms of the Contract Documents, of the
Contract Sum, of the Contract Time, or some other relief in respect to the terms
of the Contract Documents. The term also includes all other disputes between
the Owner and the Contractor arising out of or relating to the Project or the
Contract Documents, including but not limited to claims that work was outside the
scope of the Contract Documents. The responsibility to substantiate the Claim
and the burden of demonstrating compliance with this provision shall rest with the
party making the Claim. Except where otherwise provided in the Contract
Documents, a Claim by the Contractor, whether for additional compensation,
additional time, or other relief, including but not limited to claims arising from
concealed conditions, MUST BE MADE BY WRITTEN NOTICE TO THE
ARCHITECT/ENGINEER AND THE OWNER WITHIN FOURTEEN (14) DAYS
AFTER OCCURRENCE OF THE EVENT OR EVENTS GIVING RISE TO THE
PARTICULAR CLAIM. Every Claim of the Contractor, whether for additional
compensation, additional time, or other relief, including but not limited to claims
arising from concealed conditions, shall be signed and sworn to by an authorized
corporate officer (if not a corporation, then an official of the company authorized
to bind the Contractor by his signature) of the Contractor, verifying the truth and
accuracy of the Claim. THE CONTRACTOR SHALL BE DEEMED TO HAVE
WAIVED ANY CLAIM NOT MADE STRICTLY IN ACCORDANCE WITH THE
PROCEDURE AND TIME LIMITS SET OUT IN THIS PARAGRAPH.
(b) Referral to the Architect/Engineer. Claims, disputes, and other matters in
question between the Contractor and the Owner relating to the progress or
execution of the Work or the interpretation of the Contract Documents shall be
referred to the Architect/Engineer for recommendation to the Owner, which
recommendation the Architect/Engineer will furnish in writing within a reasonable
time, provided proper and adequate substantiation has been received. Failure of
the Contractor to submit the Claim to the Architect/Engineer for rendering of a
recommendation to the Owner shall constitute a waiver of the Claim.
(c) Continuing Contract Performance. Pending final resolution of a claim the
Contractor shall proceed diligently with performance of the Work and the Owner
shall continue to make payments in accordance with the Contract Documents.
(d) Claims for Concealed or Unknown Conditions. No adjustment in the Contract
Sum or Time associated with concealed or unknown conditions will normally be
considered or allowed; provided, however, that the Contract Sum or Time may be
adjusted by the Owner in such circumstances only if:
(1) a concealed subsurface condition is encountered in the course of
performance of the Work;
(2) a concealed or unknown condition in an existing structure is at variance with
conditions indicated by the Contract Documents; or
(3) an unknown physical condition is encountered below the surface of the
ground or in an existing structure which is of an unusual nature and materially
different from those ordinarily encountered and generally recognized as
inherent in the character of the Work; and
(4) a notice of claim with proper and adequate substantiation is presented
pursuant to Subparagraph 4.3(a) of these General Conditions; and
(5) the Owner and the Architect/Engineer determine that:
(i) prior to submitting its
diligence to fully inspect
was discovered; and
bid for the Work, the Contractor used reasonable
the portion of the Project site where the condition
(ii) the work caused or required by the concealed or unknown condition at
issue 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 SITE INFORMATION AND REPORTS (INCLUDING BUT NOT
LIMITED TO SOILS TESTING REPORTS, GEOTECHNICAL REPORTS, OR
ENVIRONMENTAL SITE ASSESSMENTS) PROVIDED BY THE OWNER AND
THE ARCHITECT/ENGINEER IN THE PROJECT MANUAL OR BY OTHER
MEANS SHALL BE UTILIZED BY THE CONTRACTOR AT THE
CONTRACTOR'S OWN RISK. THE OWNER AND THE
ARCHITECT/ENGINEER DO NOT GUARANTEE OR WARRANT ANY
INFORMATION SHOWN IN THE PROJECT SITE INFORMATION AND
REPORTS.
(f) Claims for Additional Cost. If the Contractor wishes to make a claim for an
increase in the Contract 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 under
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/Engineer a sufficient amount of time, without adversely
affecting 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:
(1) a written interpretation from the ArchitectlEngineer;
(2) a written order for a minor change in the Work issued by the
Architect/Engineer;
(3) failure of payment 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 suffers injury or
damages to person or property because of an act or omission of the Owner, or of
any of the Owner's officers, employees or agents, written, sworn-to notice of 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 Architect/Engineer and the
Owner to investigate the matter.
(h) Subcontractor Pass-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 the Owner under the Contract Documents, any entitlement of the
Contractor to submit and assert the claim against the Owner shall be subject to:
(1) the requirements of Paragraph 4.3 of these General Conditions; and
(2) the following additional three requirements listed below, all three of which
additional requirements 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 (B) the Contractor shall have entered into a
written liquidating agreement with the Subcontractor, under which agreement
the 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). The liability or responsibilities shall be identified in writing by
the Contractor to the Owner at the time such claim is submitted 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 claim 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
faith and is believed to be valid.
(iii) The Subcontractor making the claim to the Contractor shall certify in
writing and under oath that it has compiled, reviewed and evaluated the
merits of such claim and that the claim is believed in good faith by the
Subcontractor to be valid. A copy of the 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 claim shall constitute a
waiver of any entitlement to submit or pursue such claim.
(4) Receipt and review of a claim by the Owner under this Subparagraph shall
not be construed as a waiver of any defenses to the claim available to the
Owner under the Contract Documents or law.
(i) Owner's Right to Order Acceleration and to Deny Claimed and Appropriate
Time 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:
(1) If the Contractor falls behind the approved construction schedule for
whatever reason, the Owner shall have the right, in the Owner's sole
discretion, to order the Contractor to develop a recovery schedule as
described in Paragraph 3.10 or to accelerate its progress in such a
manner as to achieve Substantial Completion on or before the Contract
Time completion date or such other date as the Owner may reasonably
direct and, upon receipt, the Contractor shall take all action necessary to
comply with the order. In such event, any possible right, if any, of the
Contractor to additional compensation for any acceleration shall be
subject to the terms of this Subparagraph (i).
(2) In the event that the Contractor is otherwise entitled to an extension of
Contract Time and has properly initiated a Claim for a time extension in
accordance with Subparagraph 4.3(a) above, the Owner shall have the
right, in the Owner's sole discretion, to deny all, or any part, of the Claim
for extension of Contract Time by giving written notice to the Contractor
provided within fourteen (14) days after receipt of the Contractor's Claim. If
the Owner denies the Contractor's claim for an extension of Contract Time
under this Clause (i)(2), either in whole or in part, the Contractor shall
proceed to prosecute the Work in such a manner as to achieve
Substantial Completion on or before the then existing Scheduled
Completion Date.
(3) If the Contractor would have been entitled to a time extension for a reason
specifically allowed under the Contract Documents, for an amount of time
that would have justified approval by the Owner if not for the need and
right to accelerate, the Contractor may initiate a Claim for acceleration
costs pursuant to Subparagraph 4.3(a). Any resulting Claim for
acceleration costs properly initiated by the Contractor under
Subparagraph 4.3(a) above shall be limited to those reasonable and
documented direct costs of labor, materials, equipment, and supervision
solely and directly attributable to the actual acceleration activity necessary
to bring the Work back within the then existing approved construction
schedule. These direct costs include the premium portion of overtime pay,
additional crew, shift, or equipment costs if requested in advance by the
Contractor and approved in writing by the Owner. A percentage markup
for the prorated cost of premium on the existing performance and payment
bonds and required insurance, not to exceed 5%, will be allowed on the
claimed acceleration costs. NO OTHER MARKUP FOR PROFIT,
OVERHEAD (INCLUDING BUT NOT LIMITED TO HOME OFFICE
OVERHEAD) OR ANY OTHER COSTS WILL BE ALLOWED ON ANY
ACCELERATION CLAIM. The Owner shall not be liable for any costs
related to an acceleration claim other than those described in this Clause
(i)(3).
(i) Waiver of Claims; Final Payment. The making of final payment shall constitute a
waiver of claims by the Owner except those arising from:
(1) claims, security interests, purported liens, or other attempted encumbrances
arising out of the Contract and remaining unsettled;
(2) defective or nonconforming Work appearing after Substantial 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) THE CONTRACTOR SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S
FEES AS A PART OF ANY CLAIM MADE UNDER THE CONTRACT
DOCUMENTS OR IN ANY SUBSEQUENT LAWSUIT OR ALTERNATIVE
DISPUTE RESOLUTION PROCEEDING.
(I) No Waiver of Governmental Immunity. NOTHING IN THE CONTRACT
DOCUMENTS SHALL BE CONSTRUED TO WAIVE THE OWNER'S
GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS
EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND
UNAMBIGUOUSLY WAIVED BY 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 throughout
the Contract Documents as if singular in number and means a Subcontractor or
an authorized representative of the Subcontractor. The term "Subcontractor"
does not include a separate contractor or 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 if singular in number and means a Sub-subcontractor or an authorized
representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
THE WORK
(a) Immediately after the award of the Contract by the Owner, and before the
Building Construction Services Agreement is signed by the Contractor and the
Owner, the Contractor shall furnish to the Architect/Engineer in writing, for
acceptance by the Owner and the Architect/Engineer, a list of the names,
addresses, telephone numbers, M/WBE certification numbers (where applicable),
and type of work of the 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
Contractor shall immediately notify the Owner in writing of any changes in the list
as they occur. The Architect/Engineer will promptly reply to the Contractor in
writing stating whether or not the Owner or the Architect/Engineer, after due
investigation, has reasonable objection to any such proposed person or entity.
Failure of the Owner or Architect/Engineer to reply promptly shall constitute
notice of no reasonable objection.
(b) The Contractor shall not contract with a proposed person or entity to whom the
Owner or Architect/Engineer has made reasonable and timely objection.
(c) Architect/Engineer's and Owner's approval of or objection to any Subcontractor
or of a particular process or material will not relieve the Contractor of his
responsibility for performance of Work as called for under the Contract
Documents, and shall not provide a basis for any claim for additional time or
money on the part of the Contractor. Approval shall not be construed to create
any contractual relationship between the Subcontractor and either the Owner or
Architect/Engineer. In no event shall the Contract Sum be increased as a result
of the rejection of any Subcontractor.
(d) The Contractor shall not change a Subcontractor previously selected if the
Owner or Architect/Engineer makes reasonable objection to such change.
5.3 SUBCONTRACTUAL RELATIONS
(a) By appropriate agreement, written where legally required for validity, the
Contractor shall require each Subcontractor, to the extent of the Work to be
performed by the Subcontractor, to be bound to the Contractor by the terms of
the Contract Documents (including but not limited to these General Conditions),
and to assume toward the Contractor all the obligations and responsibilities
which the Contractor, by the Contract Documents, assumes toward the Owner
and the Architect/Engineer. Each subcontract agreement shall preserve and
protect the rights of the Owner and the Architect/Engineer under the Contract
Documents (including but not limited to these General Conditions) with respect to
the Work to be perFormed by the Subcontractor so that subcontracting will not
prejudice the rights of the Owner and the Architect/Engineer. Where appropriate,
the Contractor shall require each Subcontractor to enter into similar agreements
with Sub-subcontractors. The Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract agreement, copies of the
Contract Documents to which the Subcontractor is to be bound. Subcontractors
shall similarly make copies of applicable portions of such Documents available to
their respective proposed Sub-subcontractors.
(b) The Contractor is solely responsible for making payments properly to the
Contractor's Subcontractors on the Project. During performance of the Work, the
Contractor shall comply with the following additional rules regarding
Subcontractor payments:
(1) The Contractor shall submit, beginning with the Second Application and
Certificate for Payment, a Subcontractor Payment Report (the "Report") with
each Application and Certificate for Payment. The Report shall show all
payments made to date by the Contractor (plus existing retainage) to each
Subcontractor involved in the Project. The Report shall be made on a form
approved and supplied by the Owner. As an alternative to the Report, the
Contractor may furnish Affidavits of Payment 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. RECEIPT BY THE
OWNER OF THE REPORT OR AFFIDAVITS OF PAYMENT RECEIVED
SHALL BE A CONDITION PRECEDENT TO PAYMENT ON ANY
APPLICATION.
(2) If, for any reason, the Contractor is withholding payment to a Subcontractor
due to a dispute 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 Contractor has knowingly provided false information regarding
payment of any Subcontractor; or
(iii) the Contractor has otherwise failed to make payments properly to any
Subcontractor.
(4) THE CONTRACTOR SHALL NOT HAVE ANY RIGHT TO MAKE A CLAIM
FOR ADDITIONAL TIME OR ADDITIONAL COMPENSATION AS A RESULT
OF THE OWNER'S OR ARCHITECT/ENGINEER'S ENFORCEMENT OF
THIS SUBPARAGRAPH 5.3(b). NO PROVISION OF THIS
SUBPARAGRAPH OR ANY OF THE CONTRACT DOCUMENTS SHALL BE
CONSTRUED TO CREATE A CONTRACTUAL RELATIONSHIP, EXPRESS
OR IMPLIED, BETWEEN ANY SUBCONTRACTOR AND EITHER THE
OWNER OR THE ARCHITECT/ENGINEER AND SHALL NOT BE
CONSTRUED TO MAKE ANY SUBCONTRACTOR OR ANY OTHER
PERSON OR ENTITY A THIRD PARTY BENEFICIARY OF THE CONTRACT
BETWEEN THE OWNER AND THE CONTRACTOR.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
In the event of a termination of this Contract by the Owner under 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 Contractor 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 of termination.
ARTICLE 6 CONSTRUCTION BY THE OWNER/ SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARATE 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 under Conditions of the Contract identical or substantially
similar to these General Conditions, including those portions related to insurance
and waiver of subrogation. If 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 Documents.
(b) When separate contracts are awarded for different portions of the Project or
other construction or operations on the Project site, the term "Contractor" in the
Contract Documents in each case shall mean the Contractor who executes each
separate Building Construction Services Agreement with the Owner.
(c) The Owner shall provide for coordination of the activities of the Owner's own
forces and of each separate contractor with the Work of the Contractor, who shall
cooperate with them. The Contractor shall participate with 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 under
the circumstances, the Contractor shall submit a written proposal for a Change
Order pursuant to Article 7 of 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 Documents, 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 afford 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) If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner or a separate contractor, the Contractor
shall, prior to proceeding with that portion of the Work, promptly report to the
Architect/Engineer apparent discrepancies or defects in the other construction
that would render it unsuitable for proper execution and results. Failure of 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 suffered by the
Contractor due to the fault or negligence of a separate contractor or through
failure of a separate contractor to carry out the directions of the Owner or the
Architect/Engineer. Should any interference occur between the Contractor and a
separate contractor, the Architect/Engineer or the Owner may furnish the
Contractor 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 Time only for unavoidable delays verified by the Architect/Engineer; no
increase in the Contract Sum, 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(e).
(e) Should the Contractor cause damage to the work or property of any separate
contractor on the Project, the Contractor shall, upon due notice, settle with the
separate contractor by agreement, if the separate contractor will so settle. If the
separate contractor sues the Owner or submits a claim on account of 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.
(f) 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 RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to
the responsibility under their respective contracts for maintaining the Project site and
surrounding area free from 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/Engineer recommends to be just.
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/Engineer, issued after execution of the Contract, authorizing a
change in the Work, an adjustment in the Contract Sum, or an 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 order changes to the scope of Work under the Contract by
additions, deletions, or other revisions, the Contract Sum and Contract Time to
be adjusted consistent with other applicable provisions of this Contract. All
Change Orders shall be executed on a Change Order form approved by the
Owner and the Owner's City Attorney.
(b) In addition to the Owner and the Architect/Engineer, the Contractor shall sign all
Change Orders to verify and confirm the terms and conditions established by
Change Order; however, should the Contractor refuse to sign a Change Order,
this shall not relieve him of his obligation to perForm the change directed by the
Owner and the Architect/Engineer to the best of his ability in accordance with the
provisions of this Article 7. A Change Order signed by the Contractor indicates
his agreement with all of the changes approved, including the adjustment in the
Contract Sum or the Contract Time. EACH CHANGE ORDER SHALL BE
SPECIFIC AND FINAL AS TO PRICES AND EXTENSIONS OF TIME, WITH NO
RESERVATIONS OR OTHER PROVISIONS ALLOWING FOR FUTURE
ADDITIONAL MONEY OR TIME AS A RESULT OF THE PARTICULAR
CHANGES IDENTIFIED AND FULLY COMPENSATED IN THE CHANGE
ORDER. The execution of a Change Order by the Contractor shall constitute
conclusive evidence of the Contractor's agreement to the ordered changes in the
Work. The Contractor forever releases any claim against the Owner for additional
time or compensation for matters relating to or arising out of or resulting from the
Work included within or affected by the executed Change Order. This release
applies to claims related to the cumulative impact of all Change Orders and to
any claim related to the effect of a change on other Work.
(c) No extra work (except under emergency conditions) or changes shall be made
nor shall any substitutions, changes or additions to or omissions or deviations
from the requirements of the Drawings and Specifications be made unless
pursuant to a written Change Order signed by the Owner and the
Architect/Engineer, it being expressly understood that the Owner shall not be
liable for the cost of extra work or any substitution, change, addition, omission or
deviation from the requirements of the Drawings or Specifications unless the
same shall have been authorized in writing by the Owner and the
Architect/Engineer in a written change order or other Amendment. The provisions
of this Paragraph 7.1 shall control in the event of any inconsistency between
such provisions and the other provisions of this Article 7. See Subparagraph
10.3(a) of the General Conditions for Change Orders under emergency
conditions.
(d) The method of determining the cost or credit to the Owner for any change in the
Work shall be one of the following:
(1) mutual acceptance of a not-to-exceed lump sum amount properly itemized
and supported by sufficient substantiating data to permit evaluation;
(2) unit prices stated in the Contract Documents or subsequently agreed upon;
(3) cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee; or
(4) the force account method provided in Subparagraph 7.1(e)
(e) If the parties cannot agree to one of the methods of calculating cost provided in
Clauses (d) (1), (d) (2), or (d) (3), or if the parties agree to a method but cannot
agree to a final dollar figure, or if the 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%. In such case, the Contractor shall
keep an itemized accounting of the Work involved, on a daily basis, in such form
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
Architect/Engineer each day during the performance of force account work, with
copies to the Owner.
FAILURE OF THE CONTRACTOR TO SUBMIT THE SWORN-TO ITEMIZED
ACCOUNTING DAILY AS REQUIRED HEREIN SHALL CONSTITUTE A
WAIVER BY THE CONTRACTOR OF ANY RIGHT TO DISPUTE THE
OWNER'S DETERMINATION OF THE AMOUNT DUE THE CONTRACTOR
FOR FORCE 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 from the Contractor or others;
(4) costs of premiums for all bonds and insurance related to the Work; and
(5) additional costs of supervision and field office 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/Engineer'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 Sum shall be the
amount of actual net cost confirmed by the Architect/Engineer 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 Agreement can also be used to implement changes in the
Work instead of a Change Order form, including but not limited to situations involving
partial occupancy of the Work under Paragraph 9.8, a change made to the Drawings
or the Specifications without an increase in the Contract Sum, or special
circumstances where it is necessary or more appropriate for the Owner to use a
Supplemental Agreement. Written Supplemental Agreements shall have a status
equal to that of Change Orders for purposes of priority of Contract Documents
interpretation, except that to the extent of a conflict, later Supplemental Agreements
in time control over earlier Supplemental Agreements, and the latest Change Order
or Supplemental Agreement in time controls over earlier dated Change Orders and
Supplemental Agreements. The rules of Subparagraphs 7.1(b) through (f) shall also
apply to the negotiation and execution of Supplemental Agreements.
7.3 MINOR CHANGES IN THE WORK
The Architect/Engineer, after notifying the Owner, shall be authorized to order minor
changes in the Work not involving an adjustment in the Contract Sum or an
extension of the Contract Time and not inconsistent with the intent of the Contract
Documents. Minor changes shall be effected by written order, and shall be binding
on the Owner and the Contractor. The Contractor shall carry out such written orders
promptly. These written orders shall not be deemed to change or impact the
Contract Sum or the Contract Time. Contractor shall have no Claim for any minor
change ordered to the Work under this Paragraph 7.3 unless the Contractor submits
its change proposal, prior to complying with the minor change ordered and in no
event later than ten (10) working days from the date the minor change was ordered,
to the Owner for approval.
7.4 TIME REQUIRED TO PROCESS AMENDMENTS
(a) All of the Contractor's responses to proposal requests shall be accompanied by a
complete, itemized breakdown of costs. Responses to proposal requests shall be
submitted sufficiently in advance of the required work to allow the Owner and the
Architect/Engineer a minimum of thirty (30) calendar days after receipt by the
Architect/Engineer to review the itemized breakdown and to prepare or distribute
additional documents as may be necessary. All of the Contractor's responses to
proposal requests shall include a statement that the cost described in the
response represents the complete, total and final cost and additional Contract
Time associated with the extra work, change, addition to, omission, deviation,
substitution, or other grounds for seeking extra compensation under the Contract
Documents, without reservation or further recourse.
(b) All Amendments require approval by either the City Council or, where authorized
by the state law and City ordinance, by the City Manager pursuant to
Administrative Action. The approval process requires a minimum of forty-five (45)
calendar days after submission to the Owner in final form with all supporting
data. Receipt of a submission by Owner does not constitute acceptance or
approval of a proposal, nor does it constitute a warranty that the proposal will be
authorized by City Council Resolution or Administrative Action. THE TIME
REQUIRED FOR THE APPROVAL PROCESS SHALL NOT BE CONSIDERED
A DELAY AND NO EXTENSIONS TO THE CONTRACT TIME OR INCREASE
IN THE CONTRACT SUM WILL BE CONSIDERED OR GRANTED AS A
RESULT OF THIS PROCESS. Pending the approval described above, the
Contractor will proceed with the work under a pending Amendment only if
directed in writing by the Owner.
ARTICLE 8 CONTRACT TIME
8.1 DEFINITIONS
(a) Unless otherwise provided, the Contract Time is the period of time, including
authorized adjustments, allotted in the Contract Documents for Substantial
Completion of the Work.
(b) The date of commencement of the Work is the date established in the notice to
proceed from the Owner. The date of commencement shall not be postponed by
the failure of the Contractor, or of persons or entities for whom the Contractor is
responsible to act promptly to commence the Work. If the Owner unreasonably
delays the issuance of the notice to proceed through no fault of the Contractor,
the Contractor shall be entitled only to an equitable extension of the Contract
Time; the Contract Sum shall remain unchanged.
(c) The date of Substantial Completion is the date certified by the Architect/Engineer
in accordance with Paragraph 9.7.
(d) The term "day" as used in the Contract Documents shall mean a calendar day,
beginning and ending at 12:00 midnight, unless otherwise specifically defined by
special provision.
8.2 PROGRESS AND COMPLETION
(a) Time limits stated in the Contract Documents are of the essence of the Contract.
By executing the Building Construction Services Agreement, the Contractor
confirms that the Contract Time is a reasonable period for performing the Work.
(b) The Contractor shall not knowingly, except by agreement with or instruction of
the Owner in writing, prematurely commence operations on the Project site or
elsewhere prior to the effective date of insurance to be furnished by the
Contractor as required by Article 11. The date of commencement of the Work
shall not be changed by the effective date of insurance required by Article 11.
(c) Liquidated Damages. The Contractor shall proceed expeditiously with adequate
forces, materials, and equipment, and shall achieve Substantial Completion
within the Contract Time. If the Contractor fails or refuses to complete the Work
within the Contract Time as specified in the Bid Proposal form, the Building
Construction Services Agreement, or in any proper extension of the Contract
Time granted by the Owner, then the Contractor agrees, as a part of the
consideration for the awarding of the Contract, to pay to the Owner the amount of
liquidated damages (hereinafter called the "Stipulated Amount") as stipulated in
the Bid Proposal form and the Building Construction Services Agreement for
each calendar day that the Contractor has not Substantially Completed the Work
after the expiration of the Contract Time provided. The Stipulated Amount is not
to be considered as a penalty, but shall be deemed, taken, or treated as
reasonable liquidated damages, fixed and agreed upon by and between the
Contractor and the Owner because of the impracticality and extreme difficulty of
fixing and ascertaining the actual damages the Owner would sustain in the event
of the Contractor's late completion of the Project, and the stipulated amount is
agreed to be the daily amount of damages that the Owner 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 Contract Sum 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 of the funds remaining
unpaid in the Contract Sum. The Owner shall be the sole judge as to whether or
not the Work has been Substantially Completed within the calendar days allotted,
which shall include the original Contract Time 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
Contractor, or the Contractor'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 from 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.
8.3 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 an employee 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 Architect/Engineer
determines may justify delay, then the Contract Time shall be extended by
Change Order for such reasonable time as the Architect/Engineer and Owner
may determine.
(b) Claims relating to Contract Time and time extensions shall be made in
accordance with the applicable provisions of Paragraph 4.3.
(c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF
THE CONTRACT DOCUMENTS, INCLUDING THE GENERAL CONDITIONS,
NO ADJUSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE
CONTRACTOR SHALL NOT BE ENTITLED TO CLAIM OR RECEIVE ANY
ADDITIONAL COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY
DELAY, HINDRANCE, DISRUPTION, FORCE MAJEURE, IMPACT, OR
INTERFERENCE, INTENTIONAL OR UNINTENTIONAL, FORESEEN OR
UNFORESEEN, WHICH INCREASES THE TIME TO COMPLETE THE WORK,
INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED IN WHOLE OR IN
PART BY THE ACTS, OMISSIONS, FAILURES, NEGLIGENCE, OR FAULT OF
THE OWNER, THE ARCHITECT/ENGINEER, OR THE OWNER'S
REPRESENTATIVE, AN EXTENSION OF THE CONTRACT TIME UNDER
SUBPARAGRAPH 8.3(a) BEING THE CONTRACTOR'S SOLE REMEDY.
(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 Contract 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.
(e) The Contractor shall promptly suspend the Work when either the Contractor or
the Owner is ordered to do so by a court order from a court having lawful
jurisdiction, and the Contractor will not be entitled to additional compensation by
virtue of any delays resulting from the court order. The Contractor will also not be
liable to the Owner for a delay caused in fact by the Work being suspended by a
court order.
(f) The Architect/Engineer, with the consent of the Owner, shall have the authority to
suspend the Work, in whole or in part, for such period or periods as the
Architect/Engineer deems necessary due to unusual or severe weather
conditions as are considered unfavorable for the suitable prosecution of the
Work, or due to failure on the part of the Contractor to correct conditions
considered unsafe for workmen or the general public. If it should become
necessary to stop the Work for an indefinite period, the Contractor shall store all
materials in such a manner that they will not obstruct or impede the public
unnecessarily or become damaged in any way, and shall take every precaution
to prevent damage or deterioration of the Work performed. In cases of
suspension of the Work under this Subparagraph, the Contractor shall also
provide suitable drainage about the Work and erect temporary structures where
necessary. The Contractor shall not suspend the Work in whole or in part without
written authority from the Architect/Engineer or the Owner, and shall resume the
Work promptly when notified by the Architect/Engineer or the Owner to resume
operations.
(g) In the event of a delay that is the responsibility of the Contractor or any of the
Subcontractors, for which the Contractor is not entitled to a time extension under
the provisions of this Contract, the Owner may direct that the Work be
accelerated by means of overtime, additional crews or additional shifts, or
resequencing. This acceleration shall be at no cost to the Owner and will
continue until the Contract Time is restored. In the event of a delay for which the
Contractor is entitled to a time extension, as determined by the
Architect/Engineer, Owner may similarly direct acceleration and the Contractor
agrees to perform same on the basis that the Contractor will be reimbursed only
to the extent described in Subparagraph 4.3(i). THE CONTRACTOR
EXPRESSLY WAIVES ANY OTHER COMPENSATION RESULTING FROM
ACCELERATION, SUCH AS LOSS OF LABOR PRODUCTIVITY OR
EFFICIENCY.
ARTICLE 9 PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Contract Sum is stated in the Building Construction Services Agreement and,
including authorized adjustments, is the total amount of compensation payable by
the Owner to the Contractor for the performance of the Work under the Contract
Documents.
9.2 SCHEDULE OF VALUES
Before the first Application for Payment, the Contractor shall submit to the
Architect/Engineer a schedule of values allocated to various portions of the Work,
prepared in such form and supported by such data to substantiate its accuracy as
the Architect/Engineer may require. This schedule, when approved by the
Architect/Engineer and the Owner, shall be used as a basis for the Contractor's
Application for Payment. The schedule of values shall follow the trade division of the
Specifications. Contractor's Application for Payment shall be filed on the current
version of AIA Form G702 (Application and Certificate for Payment), as approved by
the Owner.
9.3 APPLICATIONS FOR PAYMENT
(a) At least ten (10) days before the date established for each progress payment, the
Contractor shall submit to the Architect/Engineer an itemized Application for
Payment for Work completed in accordance with the schedule of values. The
Application shall be notarized, if required, and supported by data substantiating
the Contractor's right to payment as the Owner or Architect/Engineer may
require, including but not limited to copies of requisitions from Subcontractors
and material suppliers, and reflecting the applicable retainage as required in the
Contract Documents. Contractor's Application for Payment shall also provide
other supporting documentation as the Owner or the other applicable provisions
of the Contract Documents may require.
(b) Applications for Payment may not include requests for payment of amounts the
Contractor does not intend to pay to a Subcontractor because of a good faith
dispute, unless the Contractor complies with Clause 5.3(b) (2) of these General
Conditions and the Contractor's Payment Bond Surety consents in writing to
payment to the Contractor of the funds deemed to be in dispute.
(c) Unless otherwise provided in the Contract Documents, 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 for materials and equipment suitably stored away from the
Project site at a location agreed upon in writing. Payment for costs incurred in
storage of materials or equipment away from the Project site will NOT be made
by Owner unless:
(1) the Owner has given prior approval of such off-site storage in writing;
(2) the materials or equipment are stored in a bonded warehouse located in
Denton County and identified with the Project for which they are stored, as
evidenced by warehouse receipts and appropriate documents of title; and
(3) the materials or equipment stored off-site will be incorporated into the Work
within thirty (30) days after delivery. STORAGE IN FACILITIES OF THE
MANUFACTURER OR THE CONTRACTOR WILL NOT BE PERMITTED
OR PAID FOR, UNLESS THE OWNER HAS EXPRESSLY GIVEN PRIOR
APPROVAL OF SUCH STORAGE IN WRITING.
(d) The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the Owner no later than the time of payment. The
Contractor further warrants that upon submittal of an Application for Payment all
Work for which Certificates for Payment have been previously issued and
payments received from the Owner shall be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors,
material suppliers, or other persons or entities making a claim by reason of
having provided labor, materials, and equipment relating to the Work.
(e) All materials or equipment delivered to the Project site earlier than thirty (30)
days prior to an approved schedule for delivery to the Project site shall be
classified as an "early delivery." All early delivery materials or equipment must
have the express written permission of the Owner to be stored on the Project
site. If any unauthorized early delivery occurs, Contractor shall, at Contractor's
expense or at the expense of the responsible Subcontractor or Supplier, cause
such early delivery to be removed from the Project site and stored off-site until
required at the Project site. All costs of labor, transportation and storage will be
included as part of the expense. If the Contractor fails or refuses to remove
unauthorized early delivery materials, the Owner may cause such materials to be
removed at the Contractor's sole expense, and amounts may be withheld from
the Contractor's Application for Payment to reimburse the Owner for any costs
incurred in removing unauthorized early delivery materials. OWNER WILL NOT
BE RESPONSIBLE FOR THE PROTECTION OF OR RISK OF LOSS ON ANY
EARLY DELIVERY MATERIALS OR EQUIPMENT, NOR WILL OWNER BE
LIABLE FOR ANY PAYMENT FOR THE EARLY DELIVERY MATERIALS OR
EQUIPMENT. Any materials or equipment classified as early delivery will not be
approved for payment as stored materials prior to thirty (30) days before the
incorporation of the materials or equipment into the Work, unless storage and
payment at an earlier date is expressly approved in writing by the Owner.
(f) If the Contract Sum is equal to or less than $25,000.00 and performance and
payment bonds are not furnished by the Contractor, no payment applied for will
be payable under the Contract until the Work has been Finally Completed and
accepted.
9.4 CERTIFICATES FOR PAYMENT
(a) The Architect/Engineer will, within ten (10) days after receipt of the Contractor's
Application for Payment, either issue to the Owner a Certificate for Payment, with
a copy to the Contractor, for such amount as the Architect/Engineer determines
is properly due, or notify the Contractor and Owner in writing of the
Architect/Engineer's reasons for withholding certification in whole or in part as
provided in
(a) City of Denton General Conditions for Building Construction.
(b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current
version of AIA Form G702 (Application and Certificate for Payment) as approved
by the Owner.
(c) The issuance of a Certificate for Payment will constitute a representation by the
Architect/Engineer to the Owner, based on the Architect/Engineer's observations
at the site and the data comprising the Application for Payment, that the Work
has progressed to the point indicated and that, to the best of the
Architect/Engineer's knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing representations are
subject to an evaluation of the Work for conformance with the Contract
Documents upon Substantial and Final Completion, to results of subsequent
tests and inspections, to minor deviations from the Contract Documents
correctable prior to Final Completion and to specific qualifications expressed by
the Architect/Engineer. The issuance of a Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the
amount certified, subject to the Owner's approval. The issuance of a Certificate
for Payment is not a representation that the Architect/Engineer has:
(1) made exhaustive or continuous on-site inspections to check the quality or
quantity of the Work;
(2) reviewed construction means, methods, techniques, sequences or
procedures;
(3) reviewed copies of requisitions received from Subcontractors and material
suppliers and other data requested by the Owner to substantiate the
Contractor's right to payment; or
(4) made examination to ascertain how or for what purpose the Contractor has
used money previously paid on account of the Contract Sum.
(d) Whenever the Application for Payment for Work done since the last previous
Application for Payment exceeds one hundred dollars ($100.00) in amount,
Owner will pay a percentage of the Application, less applicable retainage, to the
Contractor within thirty (30) days following Owner's receipt and approval of the
Certificate for Payment certified by the Architect/Engineer. The Application may
include acceptable nonperishable materials delivered to the Work or stored as
provided for in Paragraph 9.3(c) and the payment will be allowed on the net
invoice value, less taxes and applicable retainage.
(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 five percent. For
retainage percentages in excess of five 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 from each progress payment until final completion of the Work by the
Contractor, approval of final completion by the Architect/Engineer, and final
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
Sum, and will not be affected in the event the original Contract Sum is
subsequently increased or decreased by Change Order.
(f) 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 WITHHOLD CERTIFICATION
(a) The Architect/Engineer 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 Owner's interest, if in the ArchitectlEngineer's or
Owner's opinion the representations to the Owner required by Subparagraph
9.4(b) cannot be made. If the Architect/Engineer or the Owner is unable to certify
payment in the amount of the Application, the Architect/Engineer or the Owner
will notify the Contractor as provided in Subparagraph 9.4(a). If the Contractor
and Architect/Engineer or the Owner cannot agree on a revised amount, the
Architect/Engineer will promptly issue a Certificate for Payment for the amount
for which the Architect/Engineer 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 of subsequently discovered evidence or subsequent
observations, may nullify the whole or a part of a Certificate for Payment
previously issued to such extent as may be necessary, in the
Architect/Engineer's or Owner's opinion, to protect the Owner from loss because
of:
(1) defective or nonconforming Work not remedied;
(2) third party claims filed or reasonable evidence indicating probable filing of
such claims;
(3) failure of 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 of the Contract Sum;
(5) damage to the Owner or another contractor;
(6) reasonable evidence that the Work will not be completed within the Contract
Time, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay;
(7) persistent failure to carry out the Work in accordance with the Contract
Documents; or
(8) mathematical or other errors that are discovered in the Application for
Payment.
(b) When each of the above reasons that existed for withholding certification are
removed or remedied, certification will be made for amounts previously withheld.
(c) The Owner may, at its option, offset any progress payment or final payment
under the Contract Documents against any debt (including taxes) lawfully due to
the Owner from the Contractor, regardless of whether the amount due arises
pursuant to the terms of the Contract Documents or otherwise and regardless of
whether or not the debt due to the Owner has been reduced to judgment by a
court.
9.6 PROGRESS PAYMENTS
(a) After the Architect/Engineer has issued a Certificate for Payment, the Owner
shall make payment in the manner and within the time provided in the Contract
Documents, and shall so notify the Architect/Engineer. The Owner shall not be
liable for interest on any late or delayed progress payment or final payment
caused by any claim or dispute, any discrepancy in quantities, any failure to
provide supporting documentation or other information required with the
Application for Payment or as a precondition to payment under the Contract
Documents, or due to any payment the Owner or the Architect/Engineer has a
right to withhold or not certify under the Contract Documents. Notwithstanding
the foregoing, the Owner may refuse to make payment on any Certificate for
Payment (including, without limitation, the final Certificate for Payment) for any
default under the Contract Documents, including but not limited to those defaults
set forth in Subparagraph 9.5(a), Clauses (1) through (7). The Owner shall not be
deemed in default by reason of withholding payment while any Contractor default
remains uncured.
(b) The Contractor shall promptly pay each Subcontractor, upon receipt of payment
from the Owner, out of the amount paid to the Contractor on account of each
Subcontractor's portion of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments to the Contractor
on account of such Subcontractors portion of the Work. The Contractor shall, by
appropriate agreement with each Subcontractor, require each Subcontractor to
make payments to Sub-subcontractors in similar manner.
(c) The Architect/Engineer will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the
Contractor and action taken thereon by the Architect/Engineer and the Owner on
account of portions of the Work done by such Subcontractor.
(d) Neither the Owner nor the Architect/Engineer shall have an obligation to pay or to
see to the payment of money to a Subcontractor except as may otherwise be
required by law. That obligation belongs to the Contractor or, in the event of the
Contractor's failure to pay a Subcontractor, to the Surety on the Payment Bond
as required under Paragraph 11.3.
(e) Payment to material suppliers shall be treated in a manner similar to that
provided in Subparagraphs 9.6(b), (c), and (d).
(f) A Certificate for Payment, a progress payment, or partial or entire use or
occupancy of the Project by the Owner shall not constitute acceptance of Work
not performed in accordance with the Contract Documents.
9.7 SUBSTANTIAL COMPLETION
(a) The Date of Substantial Completion of the Work, or designated portion of the Work,
is the date certified by the Architect/Engineer when construction is sufficiently
completed in accordance with the City Of Denton General Conditions For Building
Construction.
(a) the Contract Documents such that the Owner may beneficially occupy and use
the Work, or designated portions of the Work, for the purposes for which it is
intended and only trivial and insignificant items remain which do not affect the
Work as a whole.
(b) When the Contractor considers that the Work, or the portion of the Work which
the Owner agrees to accept separately, is Substantially Complete, the Contractor
shall prepare and submit to the Architect/Engineer a comprehensive list of
remaining items to be completed or corrected. The Contractor shall proceed
promptly to complete and correct items on the list (hereinafter called the "punch
list"). Failure to include an item on the punch list does not alter the responsibility
of the Contractor to complete all Work in accordance with the Contract
Documents. Upon receipt of the punch list, the Architect/Engineer will make an
inspection to determine whether the Work, or designated portion of the Work, is
Substantially Complete. If the Architect/Engineer's inspection discloses any item,
whether or not included on the punch list, which is not in accordance with the
requirements of the Contract Documents and which renders the Work inspected
not Substantially Complete the Contractor shall, before issuance of the
Certificate of Substantial Completion, complete or correct the item upon
notification by the Architect/Engineer. The Contractor shall then submit a request
for another inspection by the Architect/Engineer to determine Substantial
Completion. When the Work or designated portion of the Work is Substantially
Complete, the Architect/Engineer will prepare a Certificate of Substantial
Completion which shall establish the date of Substantial Completion, shall
establish responsibilities of the Owner and the Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and shall fix the
time within which the Contractor shall finish all items on the punch list
accompanying the Certificate.
(c) The Certificate of Substantial Completion shall be submitted to the Owner and
the Contractor for their written acceptance of responsibilities assigned to them in
the Certificate.
(d) Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by the Architect/Engineer, the
Owner shall make payment, reflecting adjustment in retainage, if any, for the
Work, or portion of the Work, as provided in the Contract Documents.
9.8 PARTIAL OCCUPANCY OR USE
(a) The Owner may occupy or use any completed or partially completed portion of
the Work at any stage when such portion is designated by separate
Supplemental Agreement with the Contractor, provided such occupancy or use is
consented to by the insurer as required under Subparagraph 11.2(e) and
authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is Substantially
Complete, provided the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments, retainage if any, security,
maintenance, heat, utilities, damage to the Work and insurance, and have
agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the
Contractor considers a portion Substantially Complete, the Contractor shall
prepare and submit a list to the Architect/Engineer as provided under
Subparagraph 9.7(b). Consent of the Contractor to partial occupancy or use shall
not be unreasonably withheld. The stage of the
(a) progress of the Work shall be determined by written agreement befinreen the
Owner and Contractor or, if no agreement is reached, by decision of the
Architect/Engineer.
(b) Immediately prior to such partial occupancy or use, the Owner, Contractor, and
Architect/Engineer shall jointly inspect the area to be occupied or portion of the
Work to be used in order to determine and record the condition of the Work.
(c) Unless otherwise agreed upon, partial occupancy or use of a portion or portions
of the Work shall not constitute acceptance of Work not complying with the
requirements of the Contract Documents.
9.9 FINAL COMPLETION AND FINAL PAYMENT
(a) Upon receipt of written notice that the Work is ready for final inspection and
acceptance and upon receipt of a final Application for Payment, the
Architect/Engineer, accompanied by the Owner's representative, will promptly
make final inspection and, when the Architect/Engineer finds the Work
acceptable under the Contract Documents and the Contract Documents fully
performed, the Architect/Engineer will promptly issue a final Certificate for
Payment stating that to the best of the Architect/Engineer's knowledge,
information and belief, and on the basis of the Architect/Engineer's observations
and inspections, the Work has been completed in accordance with terms and
conditions of the Contract Documents and that the entire balance found to be
due the Contractor and noted in said final Certificate is due and payable. The
Architect/Engineer's final Certificate for Payment will constitute a further
representation that conditions listed in Subparagraph 9.9(b) as a condition
precedent to the Contractor's being entitled to final payment have been fulfilled.
Owner will normally make final payment within thirty (30) days after Owner's
receipt and approval of the final Certificate for Payment. Warranties required by
the Contract Documents shall commence on the date of Substantial Completion
of the Work, unless otherwise provided by separate agreement between the
Owner and the Contractor.
(b) Neither final payment nor any remaining retained percentage shall become due
until the Contractor submits to the Architect/Engineer:
(1) an affidavit that payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the Owner or the Owner's
property might be responsible or encumbered (less amounts withheld by
Owner) have been paid or otherwise satisfied;
(2) a certificate evidencing that insurance required by the Contract Documents to
remain in force after final payment is currently in effect and will not be
cancelled or allowed to expire until at least thirty (30) days prior written notice
has been given to the Owner;
(3) a written statement that the Contractor knows of no substantial reason that
the insurance will not be renewable to cover the period required by the
Contract Documents;
(4) a consent of surety to final payment; and
(5) if required by the Owner, other data establishing payment or satisfaction of
obligations, such as receipts, releases and waivers of liens, claims, security
interests or encumbrances arising out of the Contract, to the extent and in
such form as may be designated by the Owner.
(c) As a precondition to final payment by the Owner under this Contract, the
Contractor's affidavit under Clause (b)(1) shall state that the Contractor has paid
each of his subcontractors, laborers or materialmen in full for all labor and
materials provided to him for the Work under this Contract. In the event the
Contractor has not paid each of his subcontractors, laborers or materialmen in
full, the Contractor shall state in the affidavit the amount owed and the name of
each subcontractor, laborer or materialmen to whom such payment is owed. IN
ANY EVENT, THE CONTRACTOR SHALL BE REQUIRED TO EXECUTE THE
OWNER'S STANDARD AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A
PRECONDITION TO RECEIPT OF FINAL PAYMENT.
(d) If, after Substantial Completion of the Work, final completion of the Work is
materially delayed through no 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
remaining balance for Work not fully completed or corrected is less than
retainage stipulated in the Contract Documents, and if bonds have been
furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Architect/Engineer prior to certification of payment. Payment
shall be made under 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 a complete release of the Owner from all claims or liabilities under the
Contract, for anything done or furnished or relating to the Work or the Project, or
for any act or neglect of the 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 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the perFormance of the
Contract, and will comply with all applicable City, County, State and Federal 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, under 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 the course of construction.
(b) The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of
persons or property or their protection from damage, injury or loss.
(c) The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection,
including posting danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent sites and utilities.
(d) When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall
exercise utmost care and carry on such activities under supervision of properly
qualified personnel.
(e) USE OF EXPLOSIVES - CLAIMS AND TOTAL INDEMNIFICATION. The Owner
shall have the right to pre-approve the use of any explosives on the Project; the
Contractor shall not assume in its bid that permission to use explosives will be
granted. The Owner shall NOT be liable for any claim for additional time or
compensation as a result of the Owner's denial of permission to use explosives.
Where use of explosives is permitted by the Owner, the Contractor EXPRESSLY
AGREES TO BE SOLELY RESPONSIBLE for the determination as to whether
explosives shall actually be used, and for any result from the use, handling or
storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD
COMPLETELY HARMLESS the Owner, its officers, agents and employees, and
the Architect/Engineer against any and all claims, lawsuits, judgments, costs or
expenses for personal injury (including death), property damage or other harm
for which recovery of damages is sought, suffered by any person or persons, as
the result of the use, handling or storage of the explosives by the Contractor or
any Subcontractor, REGARDLESS OF WHETHER SAID USE, HANDLING OR
STORAGE WAS NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER
THE DAMAGE OR INJURY WAS CONTRIBUTED TO IN ANY WAY BY THE
NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS,
EMPLOYEES, OR REPRESENTATIVES, OR THE ARCHITECT/ENGINEER
AND ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES. In the
event of conflict with any other indemnity paragraph in this Contract, this
paragraph controls. This indemnity paragraph is intended solely for the benefit of
the parties to this Contract and is not intended to create or grant any rights,
contractual or otherwise, to or for any other person or entity. The Contractor shall
furnish the Owner and the Architect/Engineer with evidence of insurance
sufficient to cover possible damage or injury, which insurance shall either include
the Owner and the Architect/Engineer as additional insureds or be sufficiently
broad in coverage as to fully protect the Owner and the Architect/Engineer. All
explosives shall be stored in a safe and secure manner, under the care of a
competent watchman at all times, and all storage places shall be marked clearly
"DANGEROUS-EXPLOSIVES." The method of storing and handling explosives
and highly flammable materials shall conform to Federal and State laws, City of
Denton ordinances, and the City of Denton Fire Department regulations. The
Contractor shall notify any telecommunications and public utility company and
any private property owners having structures in the proximity of the Project Site
of the Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the telecommunications and public utility
companies and private property owners to take such steps as they may deem
necessary to protect their property from injury. The notice shall not relieve the
Contractor of any responsibility for damage resulting from any blasting
operations.
(f) The Contractor shall promptly remedy damage and loss (other than damage or
loss insured under property insurance required by the Contract Documents) to
property referred to in Clauses 10.2(a)(2) and 10.2(a)(3) caused in whole or in
part by the Contractor, a Subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be liable and for which the
Contractor is responsible under Clauses 10.2(a)(2) and 10.2(a)(3), except
damage or loss attributable to acts or omissions of the Owner or
Architect/Engineer or anyone directly or indirectly employed by either of them, or
by anyone for whose acts either of them may be liable, and not attributable to the
fault or negligence of the Contractor or any of its 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 loss may be covered by
property insurance or other insurance required by the Contract Documents, the
Owner and the Contractor shall exercise their best efforts to make a claim and
obtain recovery from the insurers to provide for the cost, in whole or in part, of
the repair work or to provide for reimbursement for such damage or loss.
(g) The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This
person shall be the Contractor's superintendent unless otherwise designated by
the Contractor in writing to the Owner and ArchitecUEngineer.
(h) The Contractor shall not load or permit any part of the Work or the Project site to
be loaded so as to endanger its safety.
10.3 EMERGENCIES
In an emergency affecting safety, health, or security of persons or property, the
Contractor shall act, at the Contractor's discretion, to prevent threatened damage,
injury, or loss. Additional compensation or extension of time claimed by the
Contractor on account of an emergency shall be determined as provided in
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 times in a manner that causes no greater obstruction to the
public than is considered necessary by the Owner. Sidewalks or streets shall
not be obstructed, except by special permission of the Owner. The materials
excavated and the construction materials or plant used in the performance of
the Work shall be placed in a manner that does not endanger the Work or
prevent free access to all fire hydrants, water mains and appurtenances, water
valves, gas valves, manholes for the telephone, telegraph signal or electric
conduits, wastewater mains and appurtenances, and fire alarm or police call
boxes in the vicinity.
(b) The Owner reserves the right to remedy any neglect on the part of the
Contractor in regard to public convenience and safety which may come to the
Owner's attention, after twenty-four (24) hours notice in writing to the
Contractor. In case of an emergency, the Owner shall have the right to
immediately remedy any neglect without notice. In either case, the cost of any
work done by the Owner to remedy the Contractor's neglect shall be deducted
from the Contract Sum. The Contractor shall notify the City Traffic Control
Department when any street is to be closed or obstructed. The notice shall, in
the case of major thoroughfares or street upon which transit lines operate, be
forty-eight (48) hours in advance. The Owner reserves the right to postpone or
prohibit any closure or obstruction of any streets or thoroughfares to the extent
necessary for the safety and benefit of the traveling public. The Contractor
shall, when directed by the Architect/Engineer or the Owner, keep any street or
streets in condition for unobstructed use by City departments. When the
Contractor is required to construct temporary bridges or make other
arrangements for crossing over ditches or around structures, the Contractor's
responsibility for accidents shall include the roadway approaches as well as the
crossing structures.
10.5 BARRICADES, LIGHTS AND WATCHMEN
If the Work is carried on or adjacent to any street, alley or public place, the
Contractor shall, at the Contractor's own cost and expense, furnish, erect and
maintain sufficient barricades, fences, lights and danger signals, shall provide
sufficient watchmen, and shall take such other precautionary measures as are
necessary for the protection of persons or property and of the Work. All barricades
shall be painted in a color that will be visible at night, shall indicate in bold letters
thereon the Contractor's name and shall be illuminated by lights from sunset to
sunrise. The term "lights," as used in this Paragraph, shall mean flares, flashers, or
other illuminated devices. A sufficient number of barricades with adequate
markings and directional devices shall also be erected to keep vehicles from being
driven on or into any Work under construction. The Contractor will be held
responsible for all damage to the Work due to failure of barricades, signs, lights
and watchmen to protect the Work. Whenever evidence is found of such damage,
the Architect/Engineer may order the damaged portion immediately removed and
replaced by the Contractor at Contractor's cost and expense. The Contractor's
responsibility for maintenance of barricades, signs, and lights, and for providing
watchmen, shall not cease until the Project has been finally accepted by the
Owner.
10.6 PUBLIC UTILITIES AND OTHER PROPERTIES TO BE CHANGED
In case it is necessary to change or move the property of the Owner or of any
telecommunications or public utility, such property shall not be removed or
interfered with until ordered to do so by the Architect/Engineer. The right is
reserved to the owner of any public or private utilities to enter upon the Project site
for the purpose of making such changes or repairs of their property that may
become necessary during the performance of the Work. The Owner reserves the
right of entry upon the Project site for any purpose, including repairing or relaying
sewer and water lines and appurtenances, repairing structures, and for making
other repairs, changes, or extensions to any of the Owner's property. The Owner's
actions shall conform to the Contractor's current and approved schedule for the
performance of the Work, provided that proper notification of schedule
requirements has been given to the Owner by the Contractor.
10.7 TEMPORARY 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 and maintain temporary outlets and
connections for all public and private storm sewers and drains. The Contractor
shall also take care of all storm sewage and drainage which will be received from
these storm drains and sewers; for this purpose, the Contractor shall provide and
maintain, at the Contractor's own expense, adequate pumping facilities and
temporary outlets or diversions. The Contractor shall, at the Contractor's own
expense, construct such troughs, pipes, or other structures necessary and shall be
prepared at all times to dispose of storm drainage and sewage received from these
temporary connections until such time as the permanent connections are built and
in service. The existing storm sewers and connections shall be kept in service and
maintained under the Contract, except where specified or ordered to be
abandoned by the Architect/Engineer. All storm water and sewage shall be
disposed of in a satisfactory manner so that no nuisance is created and that the
Work under construction will be adequately protected.
10.8 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BY THE 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 and satisfactory arrangements with
the Denton Water Utilities Department and shall be responsible for the cost of the
water the Contractor uses. Where meters are used, the charge will be at the
regular established rate; where no meters are used, the charge will be as
prescribed by City ordinance, or where no ordinance applies, payment shall be
based on estimates made by the Denton Water Utilities Department.
(b) The Contractor shall make complete and satisfactory arrangements for electricity
and metered electrical connections with the Owner or with Denton Municipal
Electric in the event that separately metered electrical connections are required
for the Project. The Contractor shall pay for all electricity used in the performance
of the Work through separate metered electrical connections obtained by the
Contractor through the City of Denton.
10.9 USE OF FIRE HYDRANTS
The Contractor, Subcontractors, and any other person working on the Project shall
not open, turn off, interFere with, attach any pipe or hose to, or connect anything
with any fire hydrant, stop valve, or stop cock, or tap any water main belonging to
the Owner, unless duly authorized to do so by the Denton Water Utilities
Department in accordance with the Denton City Code.
10.10 ENVIRONMENTAL COMPLIANCE
(a) The Contractor and its Subcontractors are deemed to have made themselves
familiar with and at all times shall comply with all applicable federal, state or
local laws, rules, regulations, ordinances, and rules of common law now in
effect (including any amendments now in effect), relating to the environment,
Hazardous Substances or exposure to Hazardous Substances, including but
not limited to the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C.A. §§ 9601, et seq.; the Hazardous
Materials Transportation Act, 49 U.S.C.A. §§ 1801, et seq.; the Resource
Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et seq.; the
Federal Water Pollution Control Act, 33 U.S.C.A §§ 1201, et seq.; the Toxic
Substances Control Act, 15 U.S.C.A. §§ 2601, et seq.; the Clean Air Act, 42
U.S.C.A. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C.A. §§ 3808,
et seq., and any current judicial or administrative interpretation of these laws,
rules, regulations, ordinances, or rules of 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 Hazardous 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 Documents, the Contractor shall immediately
stop Work in the affected area and report in writing the facts of such
encounter to the Architect/Engineer and the Owner. Work in the affected area
shall not thereafter be resumed except by written order of the Owner unless
and until the material is determined not to be a Hazardous Substance or the
Hazardous 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
Contractor or any of its Subcontractors, the Contractor shall be responsible
for remediating the condition at the sole expense of the Contractor in
accordance with the Contractor's APPROVED Spill Remediation Plan. An
extension of the Contract Time for any delay in the progress schedule caused
as a result of the discovery and remediation of a Hazardous Substance may
be granted by the Owner only if all remaining Work on the Project must be
suspended and the delay cannot be made up elsewhere in the progress
schedule. Any request for an extension of 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, remediation, 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 any abatement, cleanup, control,
removal, remediation, and disposal, notify the Owner and the
Architect/Engineer so that they may 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.
(d) Spill Prevention Plan. At least seventy-two (72) hours prior to commencing
perFormance of any of the Work at the Project site, the Contractor shall submit
to the Owner for review and approval a Spill Prevention and Response Plan
(SPRP) meeting the requirements of federal and state law, rules, and
regulations. The SPRP shall be specially designed for the Contractor's
planned work methods and procedures. The SPRP shall be designed to
complement all applicable safety standards, fire prevention regulations, and
pollution prevention policies and procedures. The SPRP shall include
estimates of the quantity and rate of flow should equipment fail, and detail
containment or diversionary structures to prevent spills from leaving the site
or migrating into adjacent properties or navigable waters. The SPRP shall
include methods of recovery of spilled materials and all applicable finrenty-four
(24) hour emergency phone numbers, including without limitation that of the
Owner's Project Manager or other designated representative. The Contractor
shall not commence any field work prior to approval of such plan by the
Owner. The following additional rules shall apply with respect to spills caused
by the Contractor or a Subcontractor:
(1) The Contractor shall immediately report any spill or release at the Project
site, whether or not it is associated with this Contract, to the Owner's
Project Manager or other designated representative. Thereafter, within finro
(2) working days after the occurrence of such event, the Contractor shall
submit a written report describing such event in a degree of detail
reasonably acceptable to the Owner.
(2) The Contractor shall immediately respond in accordance with the SPRP in
the event of a spill.
(3) The Contractor shall dispose of spilled materials in accordance with EPA
and Texas Commission on Environmental Quality (TCEQ) regulations and
any other applicable federal, state, or local laws, rules, or regulations. In
connection with such disposals, the Contractor shall use only those
transporters and disposal facilities that are approved in advance in writing
by the Owner. A copy of all transport manifests for the spilled materials
shall be obtained and retained in the Contractor's records for reference
purposes, to be provided upon request of the Architect/Engineer, the
Owner, or any governmental regulatory agency with jurisdiction over the
matter. ALL COSTS OF COLLECTION, CONTAINMENT, AND
DISPOSAL OF SPILLED MATERIALS SHALL BE THE SOLE
RESPONSIBILITY OF THE CONTRACTOR.
(4) For purposes of this Subparagraph (e), the term "spill" includes any kind of
environmental discharge or release.
(e) Clean Air Management Plan. The Contractor shall comply with the Clean Air
Management Plan submitted to and approved by the Owner during the
contractor selection process. The Owner reserves the right, at the
Contractor's sole expense, to require the removal or retrofitting of any
equipment used in the course of construction that does not comply with the
Plan submitted to and approved by the Owner.
(f) 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/Engineer,
the Owner, or any governmental regulatory agency with jurisdiction over the
matter.
(g) The Contractor is responsible for obtaining all TXPDES Storm Water Permits
from TCEQ for construction of the 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 of 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, amosite, crocidolite, tremolite, anthophylite or
actinolite, whether friable or non-friable.
(i) The Owner reserves the right in its sole option to exercise the following
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 the event the Contractor fails or refuses
after seven (7) days advance written notice from the Owner to comply with
the provisions of this Paragraph 10.10, the terms of the SPRP, 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
environmental 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 properly address the noncompliance within the
time stipulated by the Owner, perForm the necessary remediation or
correction work and backcharge the Contractor for the cost of the
remediation or correction; or
(3) terminate the Contract for cause as provided in Article 13.
ARTICLE 11 INSURANCE AND BONDS
11.1 CONTRACTOR'S INSURANCE
Contractors shall refer to Attachment A for all City of Denton insurance
requirements.
11.2 PROPERTY INSURANCE
Contractors shall refer to Attachment A for all City of Denton insurance
requirements.
11.3 `UMBRELLA' LIABILITY INSURANCE
Contractors shall refer to Attachment A for all City of Denton insurance
requirements.
11.4 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS
Contractors shall refer to Attachment A for all City of Denton insurance
requirements.
11.6 PERFORMANCE AND PAYMENT BONDS
(a) Subject to the provisions of Subparagraph 11.3(b), the Contractor shall, with the
execution and delivery of the Construction Services Agreement, furnish and file
with the Owner in the amounts required in this Paragraph, the surety bonds
described in Clauses (a)(1) and (a)(2) below, which surety bonds shall be in
accordance with the Charter of the City of Denton and the provisions of Chapter
2253, Texas Government Code, 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 11.3(c) and approved by the Owner.
The surety bonds shall be accompanied by an appropriate Power-of-Attorney
clearly establishing the extent and limitations of the authority of each signer to so
sign:
(1) PerFormance Bond. A good and sufficient bond in an amount equal to 100%
of the total Contract Sum, guaranteeing the full and faithful execution of the
Work and performance of the Contract in accordance with Plans,
Specifications and all other Contract Documents, including any Amendments
thereof, for the protection of the Owner. This bond shall also provide for the
repair and maintenance of all defects due to faulty materials and
workmanship that appear within a period of two (2) year from the date of final
completion and acceptance of the improvements by the Owner or lesser or
longer periods as may be otherwise designated in the Contract Documents.
(2) Payment Bond. A good and sufficient bond in an amount equal to 100°/o of
the total Contract Sum, guaranteeing the full and prompt payment of all
claimants supplying labor or materials in the prosecution of the Work provided
for in the Contract Documents and any Amendments thereto, and for the use
and protection of each claimant.
(b) If the Contract Sum, including Owner-accepted alternates and allowances, if any,
is greater than $100,000, Performance in 100°/a of the Contract Sum are
mandatory and shall be provided by the Contractor. If the Contract Sum is
greater than $50,000 but less than or equal to $100,000, only a Payment Bond in
100% of the Contract amount is mandatory; provided, however, that the
Contractor may elect to furnish a Performance Bond in the same amount if the
Contractor so chooses. If the Contract Sum is less than or equal to $25,000, the
Contractor may elect not to provide Performance and Payment Bonds; provided
that in such event, no money will be paid to the Contractor until final completion
and acceptance of all work by Owner. If the Contractor elects to provide
Performance and Payment Bonds 100% of the total Contract Sum, progress
payments in accordance with these General Conditions shall be disbursed.
(c) No surety will be accepted by the Owner who is now in default or delinquent on
any bonds or who is a party to any litigation against the Owner. All bonds shall be
made and executed on the Owner's standard forms, shall be approved by the
Owner, and shall be executed by not less than one corporate surety that is
authorized and admitted to do business in the State of Texas, is licensed by the
State of Texas to issue surety bonds, is listed in the most current United States
Department of the Treasury List of Acceptable Sureties, and is otherwise
acceptable to the Owner. Each bond shall be executed by the Contractor and the
surety, and shall specify that legal venue for enforcement of each bond shall lie
exclusively in Denton County, Texas. Each surety shall designate an agent
resident in Denton County, Texas to whom any requisite statutory notices may be
delivered and on whom service of process may be had in matters arising out of
the suretyship.
(d) The person or persons, partnership, company, firm, Limited Liability Company,
association, corporation, or other business entity to whom the Contract is
awarded shall, within ten (10) days after such award, sign the required Contract
with the Owner and provide the necessary surety bonds and evidence of
insurance as required under the Contract Documents. No Contract shall be
binding on the Owner until it has been approved as to form by the City Attorney,
executed for the Owner by the City Manager, the performance and payment
bonds and evidence of insurance have been furnished as required by the
Contract Documents, and the fully executed contract has been delivered to the
Contractor.
(e) The failure of the Contractor to execute the Contract or deliver the required
statutory bonds and evidence of insurance within ten (10) days after the Contract
is awarded or as soon thereafter as the Owner can assemble and deliver the
Contract shall constitute a material breach of the Contractor's bid proposal and
the Owner may rescind the Contract award and collect or retain the proceeds of
the bid security. By reason of the uncertainty of the market prices or materials
and labor, and it being impracticable and difficult to determine accurately the
amount of damages occurring to the Owner by reason of the Contractor's failure
to execute and furnish the statutory bonds and to sign the Contract within ten
(10) days, the filing of a bid proposal with the accompanying bid security will be
considered as an acceptance of this Subparagraph 11.3(e). In the event the
Owner should re-advertise for bids, the defaulting Contractor shall not be eligible
to bid, and the lowest responsible bid obtained in the re-advertisement shall be
the bid referred to in this Paragraph.
ARTICLE 12 DEFECTIVE AND NONCONFORMING WORK
12.1 UNCOVERING OF WORK
(a) If a portion of the Work is covered contrary to the Architect/Engineer's request
or to requirements specifically expressed in the Contract Documents, the Work
must, if required in writing by the Architect/Engineer, be uncovered for the
Architect/Engineer's observation and be replaced at the Contractor's expense
without change in the Contract Time.
(b) If a portion of the Work has been covered which the Architect/Engineer has not
specifically requested to observe prior to it being covered, the
Architect/Engineer may request to see such Work and it shall be uncovered by
the Contractor. If such Work is in accordance with the Contract Documents,
costs of uncovering and replacement shall, by appropriate Change Order, be
charged to the Owner. If 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 Contractor shall promptly correct Work rejected by the Architect/Engineer
as failing to conform to the requirements of the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated,
installed or completed. The Contractor shall bear costs of correcting such
rejected Work, including additional testing and inspections and compensation
for the Architect/Engineer's services and expenses made necessary thereby.
(b) If any of the Work is found to be defective 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 defect or nonconformity. The Contractor's
obligation to correct defective or nonconforming Work remains in effect for:
(1) one year after the date of Substantial Completion of the Work or designated
portion of the Work;
(2) one year after the date for commencement of warranties established by
agreement in connection with partial occupancy under 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 final
acceptance of the Work and termination of this Contract. The Owner shall give
notice to the Contractor promptly after discovery of a defective or
nonconforming condition in the Work. The one-year period stated in Clauses
(b)(1) and (b)(2) does not limit the ability of the Owner to require the Contractor
to correct latent defects or nonconformities in the Work, which defects or
nonconformities could not have been discovered through reasonable diligence
by the Owner or the Architect/Engineer at the time the Work was performed or
at the time of inspection for certification of Substantial Completion or Final
Completion. 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.
(e) 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.
(f) If the Contractor fails to correct defective or nonconforming Work within a
reasonable time after notice from the Owner or the Architect/Engineer, 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 remove 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 removal 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 for
the proceeds after deducting costs and damages that should have been borne
by the Contractor, including compensation for the Architect/Engineer's services
and expenses made necessary as a result of the sale. If the proceeds of sale
do not cover costs which the Contractor should have borne, the Contract Sum
shall be reduced by the deficiency. If payments 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 of 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. Establishment of the one-year time period
as described in Subparagraph 12.2(b) relates only to the specific obligation of
the Contractor to correct the Work, and has no relationship to the time within
which the obligation to comply with the Contract Documents may be sought to
be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations
other than specifically to correct the Work.
(i) Any Work repaired or replaced pursuant to this Article 12 shall be subject to the
provisions of Article 12 to the same extent as Work originally performed or
installed.
12.3 ACCEPTANCE OF NONCONFORMING WORK
The Owner may, in the Owner's sole discretion, accept Work which is not in
accordance with the requirements of the Contract 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 OF THE CONTRACT; TERMINATION; TEMPORARY
SUSPENSION
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 finally
completed, the final inspection is made by the Architect/Engineer, 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 Architect/Engineer will make a detailed inspection of the Work and
will advise the Contractor and the Contractor's Surety of the items that require
correction. The Architect/Engineer will make a subsequent inspection and if the
corrections have been properly performed, the Architect/Engineer 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.
13.3 TERMINATION 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 cure to the Contractor, including but not limited to the following causes:
(1) Failure or refusal of the Contractor to start the Work within ten (10) days
after the date of written 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 execute 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.
(6) Failure or refusal on the part of the Contractor to observe any requirements
of the Contract Documents or to comply with any written orders given by
the Architect/Engineer or the Owner as provided for in the Contract
Documents.
(7) Failure or refusal of the Contractor to promptly make good any defects in
materials or workmanship, or any defects 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 Contract or a Subcontractor, or that a
fraud is being perpetrated on the Owner in connection with the construction
of Work under the Contract.
(9) Repeated and flagrant violation of safe working procedures.
(10)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 of the 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 the surety shall be
responsible for and pay the amount of any costs required to be incurred for
the completion of the Work that are in excess of the amount of funds
remaining under the Contract as of the time of the termination; or
(3) with the written consent of the Owner, tender and pay to the Owner in
settlement the amount of money necessary to finish the balance of
uncompleted Work under the Contract, correct existing defective 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 Contractor's place in all respects, and the amount
of funds 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 of the 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 of the Architect/Engineer and attorneys fees,
as a result of such termination.
(c) The balance of the Contract Sum remaining at the time of the Contractor's
default and of the termination shall become due and payable to the surety as
the Work progresses, subject to all of the terms, covenants, and conditions of
the Contract Documents. If the surety does not, within the time specified in
Subparagraph 13.3(b), exercise its obligation to assume the obligations of the
Contract, or that portion of the Contract which the Owner has ordered the
Contractor to discontinue, then the Owner shall have the power to complete
the Work by contract or otherwise, as it may deem necessary. The Contractor
agrees that the Owner shall have the right to take possession of or use any or
all of the materials, plant, tools, equipment, supplies, and property of every
kind provided by the Contractor for the purpose of the Work, and to procure
other tools, equipment, labor, and materials for the completion of the Work,
and to charge to the account of the Contractor the expenses of completion and
labor, materials, tools, equipment, and incidental expenses. The expenses
incurred by the Owner to complete the Work shall be deducted by the Owner
out of the balance of the Contract Sum remaining unpaid to or unearned by the
Contractor. The Contractor and the surety shall be liable to the Owner for any
costs incurred in excess of the balance of the Contract Sum for the completion
and correction of the Work, and for any other costs, damages, expenses
(including but not limited to additional fees of the Architect/Engineer and
attorney's fees), and liquidated or actual damages incurred as a result of the
termination.
(d) The Owner shall not be required to obtain the lowest bid for the Work of
completing the Contract as described in Subparagraph 13.3(c), but the
expenses to be deducted from the Contract Sum shall be the actual cost of
such Work. In case the Owner's expense is less than the sum which would
have been payable under the Contract, if the same had been completed by the
Contractor, then the Owner may pay to the Contractor (or the Surety, in the
event of a complete termination for cause) the difference in the cost, provided
that the Contractor (or the Surety) shall not be entitled to any claim for
damages or for loss of anticipated profits. In case such expenses for
completion shall exceed the amount which would have been payable under
the Contract if the same had been completed by the Contractor, then the
Contractor and his Sureties shall pay the amount of the excess to the Owner
on notice from the Owner for excess due. When only a particular part of the
Work is being carried on by the Owner by contract or otherwise under the
provisions of this Subparagraph, the Contractor shall continue the remainder
of the Work in conformity with the terms of the Contract, and in such manner
as not to hinder or interfere with the performance of workmen employed and
provided by the Owner.
(e) The right to terminate this Contract for the convenience of the Owner
(including but not limited to nonappropriation of funding) is expressly retained
by the Owner. In the event of termination for convenience, the Owner shall
deliver at least ten (10) days advance written notice of termination for
convenience to the Contractor. Upon the Contractor's receipt of such written
notice, the Contractor shall cease the perFormance of the Work and shall take
reasonable and appropriate action to secure and protect the Work in place.
The Contractor shall then be reimbursed by the Owner in accordance with the
terms and provisions of the Contract Documents, not to exceed actual labor
costs incurred, materials stored at the Project site or away from 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 conformance with the
Contract Documents to the date of termination for convenience. No amount
shall ever be due to the Contractor for lost or anticipated profits.
13.4 TEMPORARY SUSPENSION OF THE WORK
(a) The Work or any portion of the Work may be temporarily suspended by the
Owner immediately upon written notice to the Contractor for any reason,
including but not limited to:
(1) the causes described in Clauses 13.1(a)(1) through (a)(10) 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, contributes to, or causes an
immediate 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 claim of the Contractor arising from a
temporary 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 Documents 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 claim is
properly 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
Architect/Engineer 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 temporary suspension (no profit
and overhead shall be allowed on top of these costs); and
(3) if it becomes necessary to move equipment from the Project site and then
return it to the Project site when the Work is ordered to be resumed, an
equitable adjustment to the Contract Sum for the actual, necessary, and
reasonable cost of these moves; provided, however, that no adjustment
shall be due if the equipment is moved to another Project site of the
Owner.
ARTICLE 14 MISCELLANEOUS PROVISIONS
14.1 GOVERNING LAW; COMPLIANCE WITH LAWS AND REGULATIONS
(a) This Contract shall be governed by the laws and case decisions of the State of
Texas, without regard to conflict of law or choice of law principles of Texas or
of any other state.
(b) This Contract 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
The 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, payment, 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 of either party, or to an officer, partner, or
other designated representative of either 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 of three (3) days after mailing.
14.4 RIGHTS 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 a right
afforded the Owner under the Contract Documents, nor shall any action or failure to
act by the Owner constitute approval of or acquiescence in a breach of the Contract
by Contractor, except as may be specifically agreed in writing by Change Order or
Supplemental Agreement.
14.5 INTEREST
The Owner shall not be liable for interest on any progress or final payment to be
made under the Contract Documents, except as may be provided by the applicable
provisions of the Prompt Payment Act, Chapter 2251, Texas Government Code, as
amended, subject to Paragraph 9.6(a) of these General Conditions.
14.6 OFFICERS OR EMPLOYEES OF THE OWNER NOT TO HAVE FINANCIAL
INTEREST IN ANY CONTRACT OF THE OWNER
No officer or employee of the Owner shall have a financial interest, direct or
indirect, in any Contract with the Owner, or be financially interested, directly or
indirectly, in the sale to the Owner of any land, materials, supplies or services,
except on behalf of the Owner as an officer or employee. Any violation of this article
shall constitute malfeasance in office, and any officer or employee of Owner guilty
thereof shall thereby forfeit his office or position. Any violation of this section, with
the knowledge, express or implied, of the person, persons, partnership, company,
firm, association or corporation contracting with the Owner shall render the Contract
involved voidable by the Owner's City Manager or City Council.
14.7 VENUE
This Contract is deemed to be performed in Denton County, Texas, and if legal
action is necessary to enforce this Contract, exclusive venue shall lie in Denton
County, Texas.
14.8 INDEPENDENT CONTRACTOR
In performing the Work under this Contract, the relationship between the Owner
and the Contractor is that of an independent contractor. The Contractor shall
exercise independent judgment in perForming the Work and is solely responsible for
setting working hours, scheduling or prioritizing the Work flow and determining the
means and methods of performing the Work, subject only to the requirements of the
Contract Documents. No term or provision of this Contract shall be construed as
making the Contractor an agent, servant, or employee of the Owner, or making the
Contractor or any of the Contractor's employees, agents, or servants eligible for the
fringe benefits, such as retirement, insurance and worker's compensation, which
the Owner provides to its employees.
14.9 NONDISCRIMINATION
As a condition of this Contract, the Contractor covenants that he will take all
necessary actions to insure that, in connection with any work under this Contract,
the Contractor and its Subcontractors will not discriminate in the treatment or
employment of any individual or groups of individuals on the grounds of race, color,
religion, national origin, age, sex, or handicap unrelated to job performance, either
directly, indirectly or through contractual or other arrangements. The Contractor
shall also comply with all applicable requirements of the Americans with Disabilities
Act, 42 U.S.C.A. §§12101-12213, as amended. In this regard, the Contractor shall
keep, retain and safeguard all records relating to his Contract or Work perFormed
thereunder for a minimum 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, conferred, 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 from 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 remedies, the Owner may require the
Contractor to remove any employee of the Contractor from the Project who
has violated the restrictions of this Article or any similar State or Federal law,
and obtain reimbursement for any expenditures made 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 CONTRACTOR'S RECORDS
By execution of the Building Construction Services Agreement, the Contractor 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 under 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 Contract 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 of 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 claims.
Should a conflict arise befiween the PO, RFP document, supplier terms, or contract;
the terms and conditions set forth in the neaotiated contract shall prevail.
i� .
.
.. . � . . �
�• . � . . � . � .
Upon contract execution, all insurance requirements shall become contractual obligations, which the
successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and mainPain until ehe contracted work has been completed and accepted by the City of
DenPon, Owner, the minimum insurance coverage as indicaPed hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificaPes of insurance including
any applicable addendum or endorsements, containing the contracP number ared title of ehe project.
ConPractor may, upon written requesP Po the Purchasing Department, ask for clarification of any
insurance requirements aP any time; however, ConPractor shall not commence any work or deliver any
material until he or she receives notificaPion that Phe contrace has been accepPed, approved, and signed
by the City of DenPon.
All insurance policies proposed or obtained in satisfaction of these requirements shall corrtply with the
following general specifications, and shall be maintained in compliance with these general
specificalions throughout the duration of Phe ConPracP, or longer, if so 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- VII 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.
• Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and
volunteers.
■ That such insurance is primary to any other insurance available to the Additional Insured
with respect to claims covered under the policy and that this insurance applies separately
to each insured against whom claim is made or suit is brought. The inclusion of more
than one insured shall not operate to increase the insurer's limit of liability.
• CartcellaPiore: City requires 30 day wriPlen rtotice should any of Phe policies described on the
certificaPe be cancelled or materially changed before the expiration daPe.
• Should any of the required insurance be provided under a claims made 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.
File # 5222
• Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to be
included in the general annual aggregate limit, the Contractor shall either double the occurrence
limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments originating
after such lapse shall not be processed until the City receives satisfactory evidence of reinstated
coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated,
City may, at its sole option, terminate this agreement effective on the date of the lapse.
� � � �, � . . � .
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be rnaintained in compliance wiih these additional
specifications throughout the duration of Phe Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00 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.
If the 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 form
property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this contract,
personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of 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 equipment used
in conjunction with this contract.
File # 5222
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease. The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials,
agents, employees and volunteers for any work performed for the City by the Named Insured.
For building or construction projects, the Contractor shall comply with the provisions of
Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of
the Texas Workers' Compensation Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the
City as insured for property damage and bodily injury which may arise in the prosecution of the
work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis
and the policy shall be issued by the same insurance company that carries the Contractor's
liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and
property damage per occurrence with a$1,000,000.00 aggregate.
[] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than _
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under this
Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided.
Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their
interests may appear.
File # 5222
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the
premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this
coverage should be written on a"blanket" basis to cover all employees, including new hires. This
type insurance should be required if the contractor has access to City funds. Limits of not less
than � each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and specifc
service agreements. If such additional insurance is required for a specific contract, that
requirement will be described in the "Specific Conditions" of the contract specifications.
File # 5222
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:.
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classiiication
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
File # 5222
2. no later than seven days after receipt by the contractor, a new certiiicate of
coverage showing extension of coverage, if the coverage period shown on 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 the
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.
H. 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 verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
File # 5222
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) -(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
By 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-Insurance
Regulation. Providing false or misleading information 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
contract by the contractor which entitles the governmental entity
contract void if the contractor does not remedy the breach within
receipt of notice of breach from the governmental entity.
File # 5222
is a breach of
to declare the
ten days after
EXHIBIT F
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE
USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
person who has a business relationship as defined by Section 176.001(1-a) with a local governmental ';�ate Received
entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
� Name of person who has a business relationship with local governmental entity.
2
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or
inaccurate.)
. ------- _
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach
additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than
investment income, from the filer of the questionnaire?
� Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from
or at the direction of the local government officer named in this section AND the taxable income is not received
from the local governmental entity?
� Yes � No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the
local government officer serves as an officer or director, or holds an ownership of 10 percent or more?
� Yes � No
D. Describe each affiliation or business relationship.
4 �.�.�.��_��.�
e�e.��ee �,ne���mee... �. - ..�.�
Signature of person doing business with the governmental Date
��t°s�y
File # 5222
Exhibit G - Proposal
RFP 5222 - Prlcfng Sheet for Consteuctlon of Solld Waste Qperatlons Bulfding Parkfn� Improvements
ihe respondent shall complete the following section, which direcPly corresponds to the specifications. 'fhe contractor shat! noP make changes Po Phis farmaP.
.1. .R?soondent's Name: Callber Constructlon
Respondent is a Corporation, Partnership, sole Proprietorship, Individual7
2 '�Corporatlon
�'� Total working days (Monday - Friday/5aturday) aher Notice to Proceed is
g issued by City for substantial completion: 1z0
Total working days (Monday - Friday(Saturday) after Notice to Proceed is
q issued by City for project start: Sd ���.
proposal PAcInQ: ��
5 Base Bid amount to construct oroiect oersoecifications: S 343,198.00 ���.
_. _______ _ .___--
.. Written total of base bid orice:
���7hree Hundred Fortv Three Thousand One hundred Nlnri Eleht Dollars
q�2�3dett PrYePrfigt
��. Item q QN UOM Produc[ Descrlptfon Unit Price Total
6 1 LS Mobilization & Demobilization � 5 S,OOO.OQ 5����� 5,000.00 '��.
7�� � I 150 LF Demolish Fwctin¢k" WatarlinP 5 13.54 $ 2;Q31.00 '���.
8 �. 65 SY Demolish�Existing Concrete Sidewalk near OperaYions �
BuildinQ $ 31J0 S 2.060.50 '�
9 �'��� 50 SY �Demolish Existine Asnhalt Pavement S ��� 46.iQ 5 2.305.00 .
10 2 EA �..Disconnect and Plu¢�Existin� Water Line S 452,00� S 904.00 �'�
11 2 , EA '�.Demolish and Raise 700 of Existine Dron Inlet 5 6.960.06 5 13.92Q.00 '�.
12 3000 '�. SY '�..Finish Gradina S � 2 79 � S� 8,370.00 ��
.. _____. __
13 350 SY '���.Construct4"ReinforcedConcreteSidewalk $ ���� 3fi.54 .5 12.789.00 �
14 �'�� 940 . 5Y Construc[ 6" ReinForced Concrete Pavement $ 4634 5��� �� 43,559.60
15 � 7726 '�. SV Construct 2" Asohalt Pavement 5 12.50 5��� �� 96575.00
16 160 CY Soil Cut 5 106.96 ��� S ��� 19,256.40 �
.. . ..... ___
17 9 350 CY . Crushed Concrete Fill 5 33.15 �''�� $ i1.602.50
iS 325Q SY Parkine Lot Subarade Preoeration S 3b7 �'�, $ 11,927.50 �
19 1 �� LS Provide and Install Pavement Marking and Curb Stops �$ g,qZ1,00 '����.. $ 9,421.00
Provide and Install S" PVC C90Q Waterline and ell
20 581 LF Aopurtenances $ 55.97 '����..$ 32,SiS.57
21 289 LF � Provide�and Install 2"�PVC seh 80 Reuse Water Line and all j
Aoourtenances ��.5 17.40 '�.$ 5,028.66
..._ ..... .... . . . ..... ..... ..... ____. _
22 664 LF �rovide and Install4" PVC C900 Waterline and all
�'.Aoourtenances ''$ 43.04 5 28,578.56
��..Provide and Install 6" PVC C900 Waterline and all
23 � 150 . LF �'��.Aoourtenances 5 32.48 $ 4,872.00
....... ...... ��. . , .... ...... .... . ..... ..... ..... __—__— .
74 0 VF �lrill anrl Cnnstrgct afi" Cnnr_rata �rilled Shaft PierS
25 0 LS InstallParkineCanooies
., ,. .___----
26 1 LS Provide and Install Wiring, Conduits & Breakers, Lighting and
EV Char¢ine Station � 5 32R78.77 S 32,476.77
��� � � iotal 6ese Bid (Item N51 5 343,198.OQ
Proposer Guarentees the following unit prlcing to apply throughout the proJect for changing work upon wrltten instruction
of the G41v:
Item # � UOM � Product Descrlptfon � Allowance
Plan and Installa[ion Allowance
Payment Term Discounts
Payment terms for the City of Denton are typically 30 days. Plesse indicate the additional discount extended to each manthly
invoice that is �i�a:4r9 within the time ��ets��l indicated below.
���S�Y#qn$ f�pim.� Addltional Ulseount'�
��_ _ _ . - __—
Invaice Paid in 20 davs
Invnice Paiig in 1F alavs
Invoice Paid in 10 davs
� ■ � �
� �
'` ' �' #' " 1 1 1' I
� � ., �, � � � � � � �. �;
1 "' 1 1 1
,'i •� r
�- � � ��
1' �-
�• � , 1
1 � ,
�. ��� ,� ��
�. � � ,� �.
r'� � •
Scott Richter
(940) 391-2771
scott ,scottrichterconstruction.com
� ,
� � �; . � � 1 1 1 1
i! ' •' , 1 � ! � . • ' � �
! '' 1 ! 1
� , ! •
.
Bid Bond
Exhibit 1 Pricing Sheet
Certificate of Status
Statement of the Contractor's Unders ° g of the Project Req�urements
Fi 's Org °zation — A c ent C— Business Overview Fo
Attac ent C— Project Info ation Form
Attac ent C— Schedule Compliance Fo
A c ent D— Proposal Exceptions
A c ent E-- Safety Record Questionnaire
Attac ent F — References
Attac ent G— Conflict of Interest Questionnaire
Equipment Schedule
A c ent J— Ac owledgement
Disadv taged Business Utilization and HUB Certificate of Caliber
Construction, Inc.
Letter from Fr E. Pugsley, P.E. of CP&Y date May 18, 2010
Addend # 1
Addendum #2
Pgs. 1-3
Pg. 4
Pg. 5
Pg. 6
Pgs. 7-9
Pgs. 10-12
Pgs. 13-15
Pg. 16
Pgs. 17-18
Pg. 19
Pg. 20
Pg. 21
Pg. 22
Pgs. 23-24
R
�* '�
�, ; .
Addendum #3
Pgs. 30-31
Addendum #4 Pgs. 32-33
�
y� �
*���`��'s��r������ �;
BID BOND
KNOW ALL MEN BY THESE I'RESENTS, that we Caliber Construction, Inc.. 504 Chambers. Denton. TX 76205
as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail,
Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of
Denton; 901-B Texas St.. Denton. TX 76209 as obligee, hereinafter called the Obligee, in the sum of Five Percent
(5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal
and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for RFP 5222 Solid Waste Building Parking Improvements.
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 7th day of,M�a , 2013.
Caliber Construction, Inc.
(Principal)
.
�� �
� �._ ,
BY: � � " . ���
TITLE: CJLc..�►'�'^-' �%�
SureTec Insurance �������r
BY: ��������'„_<��'.�a..J"� ��°�,��
_ .���,
Connie e n Kregel, A ney-in-Fact
eoa a: 4221609
� ' • ' 1 1�
�
I '1 ' � I"
ICnow All Men by T/rese Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under thc laws of the Stata of Texas, and having its principal office in Houston; Harris County, Texas, does by these presen4s
make, constitute and appoint
Connle Jean Kregel, Jeffrey Todd Mclntash
its true and Iawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or ot�ier iastruments or contracts of suretyship ta include waivers to the
conditions of contracts and consents of surety for:
Five Million end 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confuzning all that the said Attorney-in-Fact may do in the
premises. Said appoiniment shall continue in force.until 12l31/2014 and is made under and by authority of the following �
resolutio��s c��' c3�� £3taar� a�T.�ir�ctcaz�;; �f tlt� Sur�"�"�:� I��sua��n�� �'�an�p�tty:
z�e A't I��s�rl�+�r1, tit�q �t� �resi�c�3t, r�a� 'v''iccmi'r�si�l�ni, �ny �ssist�nC Vice•Yresidtnt, any Secre4ary or e.ny Assistant Secre4ary shall be and is
la�e�6y v��t�d with �s�t �aar�vur° �n� �a��iaar�ty ts� �p�$�r�std t�ry cj��e €�r €����r� suitable persons as Attomey(s)-in-Fact to eepresent and act for and on
��cftaritc�f tE��: �:r�ix5ry�rs� ;�u4.��e�t Rsr CI�� %r1��:wi€�� �rcauislesn��
,�.tPvr�a�y-r'r=-,�°r��� mmy be �Ev�t� fu�l pa�r�er an�i �ul�zcrrity f�r' �el in the name of and of behalf of the Company, to extcute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or itrci��u�i� ss��d c�tF�cr ca�nci€tir�tre9 car �%li�€�tury un�ertakirt�� end ��ayf an�l ai.l
notices and documents canceling or terminating the Company'� li�biPity �her�ur�d�r, e��r� ��ty sgAC1� in�c�t�t����ts �a c�x��uc'ed bY �nY ����
Attomey-in-Fact shall be binding upon the Company as if signed �y ti�� Pre�ic��ne and s�uicct and c�'��t�� try tl�e ��r��sr��� �es�r�l�ry'.
Be iB Resodved, that the signstuee of any authoeized officer and seul rrf't�i� ����S��y �t�reCc�i'�sre �ar i��re�t�er a�ax�d T�a sany �ata�i'er t�f �t�.i�amt�y or
any certificate relating thereto by facsimile, and any power of attomcy t�� c��°r#a%c�t� be�t"is�� f��simile sig�nactrr� tst- ft��s�m�le s�al st�all b� �r�4i�i
and binding upon the Company with respect to any bond or und�ns�i�ia��; tt`t w�t�ch it i� att�sc9��d. �"�#d�a�d��� �� <z rricePirag lae1� �rn ��"� r�.1'rii�+'rt�
1999.)
In Wilness Wlaereof, SURET'EC INSURANCE COMPANY has caused these presents to be signed by its President, and 'ats corporate seal
to be hereto afiixed this 3rd day of September, A.D. 2010.
�
���� SURETEC 1,6���i� ,1�, � 1�*,�1I�Y
������r� �
��, � ,
�r�IP '� `�," F�'� � By: -�- _
� ��a . � �'� John � ca Jr,, a°eairir��t
5tate of Texss ss; �� . `�,�
Cotinty oPHarris `� 4�� �
On �his 3ed day of Septamber, A.D. 2010 before me ��s�sr�r��lly cacne John Knox Jr., to me known, who, i��i�i� �y me duly swom, did depose and say, that
he re�ides in Houston, Te:cas, that he is President of SURETEC INSURAIVCE COMPANY, the company described in and which executed the above
instrur,i,�nt; that he Y�ows the seal of said Company; that the seal a�xed to said insteument is such corporate seal; that it was so affixed by order of 4he
Board of Directors of said Company; and that he signed his name thereto by like order.
,.��r��,{$, JACQUELYN MALDONADO __
�•`"��;^� Notary Public, Stete of Texes ����� ����,�N �w��� ��Q; Notary Public
� My Commisslon Expires
�;;��e�„�`w May 18, 2013 �y �n������ sis�� ex �G� May I8, 2013
1, M, Brent Beaty, Assis4ant Secretary of SURET'EC INSURANCE COMPANY, do heeeby certify that the abave and foregoing is a true and correct copy
of a Power of Attomey, executed by said Compeny, which is s4ill in fiall foeca and effect; and furthermore, the resalutions of the Board of Directors, set
out in the Powee of Attomey are in full foece and effect,
Given under my hand and the seal of said Company at Houston, Texas this 7th day of �Y < zo'3 _. _> A.D,
� ���~ye .
M. Brent Beaty, A,s�����r�t ���r�:Ea�r y�
Any Instrument 6ssued in excess of the penalty stated above is Yotally vald and without any valldity.
For verlflcatfon of the authority of thls po�ver you may call (713) 812-OB00 any business day between 8:00 am and 6:00 pm C57.
0
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or
to make a complaint at: 1-866-732-0099. You may also write to the Surety at;
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES; Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for,
losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Excluslon of Liability for
Mold, Mycotoxins, Fungi 8 Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable
for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related
products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills,
contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the
pertormance of the bonded obligations, of the occurrence, existence, or appearance thereof.
Rev 1.1.06
i r ���� : , � ,
'� � ,� � ' il W "
, �� �I 1 Y.,. � �
,,���'4 �'r�. �"!�
����� ��
�d� 1°�
l � ,
���� �� �.
� �. i:
k., ...._,. �
*+.� o
� { �� � u :z � . 1 \ /� .. In
�:
�- �
� R ' *� { �> � + � . �� i � i � � � � �i � � �
l 1 t. �1 � �}� + � � +, � �t i *��i,r� * �11I- �, 1 � i
� i! ♦ + -1 ' ♦ � " R ��M'.
� - ��' i i`
�� ��� �� �
� � �� � <<I ���
��� �
, ���
�?�� ��
' �
�
,
, ��
�:; ��� �
1 "i - \ 'i i
! i :I �� 5 +� 't # !" i _� -� i � �`}:, .. �i-..
# * " �' ! �i
� �.
ri
ti� � � , �
.r �,� � ��
"� � � , � �, � � 1 t� �
'�t �� �`i� i' ; +� �' �� ��.�� Na. �; � #�#�
� � • •' � . �. � � �
•; '' • ' • I'
.' �• � � � , � ., •; � •- � - � � - , - r
� - � � f, � " � 1 - � : .
:� � :: .c r- � -� -
.� • +. -# w - � r ��
1 � .1 Ii s
� -� �" e � , � ' � •', 1� .1 . � + �. �
� �;�" � r �' +' ' . • . 1 • 1 .
�1 J .+i- � �' . -� - - . .- . �, . ._ . '1'1
� �:' � �, :1 - �, � � �: � •
: � " ��:i'� A � ^ � �� �... � � . '�. � '�� ���1 � �� �
1 . � ': � � '.•. .. �: � : .
� � � � c 1 ' � . � �'11 R . �! !
�. r � 1" 1, "� � �!
� 1 # •�� ��.' �� : � �'� �'. � � . l � � '�.. � . � 1' '�. �
. � , ..,+ � � �
• Electric requirements are similar to the other projects tha.t require all wire and devices to
�• � • - -� r �
� r - - � • � � � � � �: -+! -�
• • • -� . • � � � � � - -�
�
♦ �_
I: • . � � . .
1. Contractor Name: Caliber Construction, Inc.
2. Address: 504 Chambers St., Denton, Texas 76205
3. Does you.r company have an established physical presence in the State of Texas, or the
City af Denton? Yes
4. Tax Payer ID#: 20-5282801
5. Email Address of Primary Contact: scottna,scottrichterconstruction.com
6. Website Address: www.scoririchterconstruction.com
7. Telephone: 940-898-8784
8. Fax: 940-591-0704
9. Other Locat�ons: n/a
10. Organization Class: Corporation
11. Date Established: July 27, 2006
12. Former Business Name: Scott Richter General Contractor, Inc.
13. Date of Dissolution December 13, 2010
14. Subsidiary of: n/a
15. Historically Underutilized Business: Yes
16. Principal and Officers:
Pamela R.ichter — President, Secretary & Treasurer
Negotiates and Signs Financial contracts;
Supervision of day to day office operations, accounting, and payroll;
Hiring and firing of personnel
Scott R.ichter — Vice President
Negotiates and Signs Financial Contracts and Bids/Proposals
Supervision of day to day job site operations
�
17. Key Personnel and Responsibilities:
Scott Richter — Owner; N0gOt1at6S a11C� 51�11S F11�A11C1aI COritI'BICtS a11C1 B1C�5/PTOpOS�S;
Supervision of day to day job site operations; Estimates and bids jobs; Handles all
management decisions
Chris Clampitt — Project rnanager; On site Job Superintendent; Estimates and Bids jobs
Pam Richter — Ownex; Negotiates and Signs Financial Contracts; Supervision of day to
day office operations, accounting and payroll; Hiring and firing of personnel; handles a11
�1111ri15iY`at1Ve C�U�leS
18. Number of Personnel by Discipline: nla
Discipline Number of Staff # Registered
19. Services Provided by Firm: All areas of comrnercial construction including but not
limited to new buildings, tenant finish outs, remodels, excavation, paving and
development services.
20. Has your company filed or been named in any litigation involving your company and the
Owner on a contract within the last five years under your current company name or any
other company name? If so provide details of the issues and resolution if available.
Include lawsuits where Owner was involved. No
21. Please provide at least (3) three references (preferably municipalities) and contract
amounts. Include project description, contact names, position, and organization name
and telephone number for each referenced listed. See attachment F.
22. Have you ever defaulted on or failed to complete a contract under your current company
name or any other company name? If so, where and why? Give name and telephone
number of Owner. No
23. Have you ever had a contract terminated by the Owner? If so, where and why? Give
name and telephone number(s) of Owner(s). No
24. Has your company implemented an Employee Health and Safety Program compliant with
29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 66General Constructian
Standards" as they apply to your Company'S CUStOT11� 1Ci1V1t1eS� Yes
25. Please indicate the total number of projects your Firm has undertaken within the last five
years? 100+
�
26. Insurance Information:
a. Name of Insurance Carrier: Sun West Tnsurance
b. Agent Name: Debbie Hughes
c. Address of Agency: 600 Six Flags Drive, Suite 102
d. City/State: Arlington, Texas 76011
e. Phone Number: 817-261-1101
f. Email address of Agent: Debbien,sun-westins.com
27. List all subcontractors whom respondent estimates will fulfill 15% or more of the
contract: Jagoe Public and Benchmazk Metal Services
28. Resident/Non-Resident Bidder Determination:
Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits
cities and other governmental units from awarding contracts to a non-resident firm unless
the am.ount of such a bid is lower than the lowest bid by a Texas resident by the amount
the Texas resident would be required to underbid in the non-resident bidders' state. In
order to make this determination, please provide the name, address and phone number of:
a. Proposing firms principal place of business:
Catiber Conshuction, Inc.
504 Chambers St.
Den.ton, Texas 76205
(940) 898-8784
b. Company's majority owner principal place of business:
Caliber Construction, Inc.
504 Chambers St.
Denton, Texas 76205
(940)898-8784
c. Ultimate Parent Company's principal place of business: n/a
0
� k �>
� 1! �'' '. i 1 . 11 �,. � ��.�,'
�. � � . , � '� i � •
Please detail three (3) of the most recent projects your firm has completed:
rroJecc #� `
lvame of Project: L' l t'l� p�" 6�1i�bh 1.17�1eZ1 VJ�I.Su }
Design Phase: n I p
Study/Analysis, Preliminary Design, Design, Working Drawings f1 ,�
Procurement Phase:
Issue Documents for Construction, Receive Contractor submissions , Con�ractor notice to proceed 1' - 17 - a DO �
Construction Phase
IM-11�v`�
Initial Site Work, lnstallation of Equzpment, Spbstantial Cornpletion /, Final Completion of Construction, 5-1 I- a OI 0
Project Walk-through and Inspection 5_ I I- a U I O
Please detail the project, any known contractual issues, successes, or potential problems and solutions encountered.
�� L, i i � t Cr. ( �. ,. �, � � '"� 6� r.. �`� � � � �'
�._�,� .��d._. . �. , .. ... . -
�.e _ . � w . .. ,. �... ... . _ .
� � ��.. .
ll,����9"��t ��'� ��.fa"� ��.I �,..�i��—���^�_���
� � € 1 . �r ` � � �-- �.�...�..�.......... _......
,r �
— _ _e _. _ .. - —
�.c•� c����c�_����°c�J���-1������—�_����r���.�..(���� [ � � � � __�
� x � �, �
��` � �
« �� c� � �
.. ,� w..e ... a� ��.� �________ ,
_ �� �.
�4�?�t..�€_�� {' t , t �:�.� � -, iA' €�t '`L` t ��'`.a��L��.� � �_ ���i i.:�� '�`"`�.� � �
Page 10] of RFP # 5222
�
1 1 ! ,
1 I1 1' / : 1 ,. 1 1 I"' 1
. � , , ,
�' . � I, / • I� f_ � 1 . ! , � / ; �
,� � �,.
Design Phase; �} j �
Study/Analysis, Preliminary Design, Design, Working Drawings n) p
Procurement Phase:
lssue Documents for Construction, Receive Contractor submissions , Contractor notice to proceed
Construction Phase �� 01
�����
lnitial Site Work, Installation of Equipment, Substantial Completion , Final Completion of Construction, I'�- �-� I
Project Walk-through and Inspection `_ s��.0 1 2
Please detail the project, any known contractual issues, successes, or potential problems and solutions encountered.
C ��� u � i � �� r�� ���_�.�..��� i �.�� � �� � �
, — — � � �.� � _�n.� .����� �_��
����, ���► �: �, � � -, �t � ��� ���_����s�.� .d �. _:.� �........� ...._. .� .. �.
M��� . � � —
���.��.�-���������—�',�t��c������_���.�.e,�.....��.m.�__� �_�w._. � _
Page 102 of RFP # 5222
W
� 1 �,;
� � � � R:;. ! , .,..... � .� �� � I,. i � , �.:; ',,1 ! �
� + � .
,�.� ��. � " � .
� «
.
. ' - �- !- � � � ,
�reac�awe�eeet Ph�se:
. . y� . � � # ._ _ _ �: . . � w� � � . � � � � � � --� • 1 .
Construction �Ih�se
.�'��'i�
�i°��'
, _ � ,.; � � ;. . , 1 � � r ...Y • ;. F . �. � ? — 1 � r ; 11 � r ,' � � ` � . �. A : � _ � ,;.
� ' 1 � ( ��,:: f R �..;.' ! � � ;
r . - ,N. ,• � � ' �:� 1 F i A 4 r�:i ' ,:�� � 1 � ' # ,..1 i � � `wi.
4 _ .
e� � �m� �a.� � t .a.�; � � tw�'.�.�,�'��,�:� �, '� � � ! i � � � �� "� �.�
—- _ ,_.
�.._.�.. ._�.�_ � ...__1.�.���� �� __� ��..��.�:�_.�i� �� ���u ����.�� ���' � _ .. ._
�M. y � y —� pp�"{—� _ _ _ � — —
_..
� �%�JI h4i � � wm✓'m � ti��,,,...... �.�. � ��Pw i� .�,� �i...F#,' 1 �LL�i—q.e.1� j' �, k..� . , , .. ...._. ...__... _. _ _
� r
+�' i� M R , 4
�
� 1 � � _
! � � ! ! ,� . . � � �� : �f I �� , . � � �� , � � �
s 1 � ' 1'
" � � i r � i � � � •�
�a
a ut °�� � ' � � �. � • �
� r 1 � ��
� � i ; � ' � r 1 : �
! � � i � ,� •� � i � ' ► i 1 :; , r !
1 - � i ; � . . r , � � . ; 1 t
Study/Analysis
Prel' in Design
�- .
, .
,, ,
_ R� . � � �
� � � �
. , � �,, -,
Cons*ruction Phase
�
. , . ,
� , �- .
':! 1 ' ��R � !' ..1 ��
� 1 +�I . ^ i f
� �� �
nf�
��
n1
�Ir�
n f �-
� ��
n ��
I 1- au- b�q
__ .._._�
�-�' -��r� �,
�-,� d��►�
�.pr��..����
�`° 5°- � �t t�
. � i� . � ►
..� �� t—�
6�
��
e. � ._ � � � �� ���p... �,�..._ �
� S e � �,. }�}�ccc.4�.�d � �- � e-�- `Fto ►rl �ra.ot f� � u.�51ee� � C p °� i
Page 104 of P# 5222
�
! ! �
! � ' � , � ; � * , . � 1' .' „ �
Project #2 � I � 0'� ���`3�! � �C ��je. C�8'iL�. � 9`I �/)�,
Name of Project:
Coatract Award ate: �P °� 3-� n i 9
Actual Coatract Co letion ate: I- 5- a't b I 2,
riginal Contract e uired Co pletioo ate: a-' - a V I
esi hasc: Date of Completion # of Days diff in
Required schedule
Study! lysis
Preliminary Design
.�
� r
Procure ent hase:
�I
._ __�
!� � �'
nI
n�
Issue Documents for Construction � I
Receive Contractor submissions n f
_.��..r.. �� � . _.
Contractar notice to proceed n) �
Construction Phase
.
1 � • R
� � � r - r '��
� �- � , . �
� � -. �
,�� �- �
�� ��; �UI[
__ _ _ . _____._._._...
�P.��•��►p �
' �° t�YJ)1
��'���a01'
�-'����I� ��
�-�_p,��l� ��
Page 105 of RTP # 5222
�I
1 � �
� ,► �. ., ! � ! '�' 1'•1
� , ,
z � �° � ' i � �
i � !: r
i i A� • �; 1� �
� • r, . � . ,, � , �: i , � � 1 :,
� � . i ; � - r' � r - �,
��
� , �.
�- .
� �
roCUre ent rnase:
Issue Docurnents for Construction
Receive Contractor submissions
Contractor notice to proceed
Construction ase
., ,
� . . ,
. � � �� �
� - x � . �
' � -. �
, �� ,
n ��
n�
n 1 �-
n J�.
nl
11 l
� /I�
t,+ � � � .° ,,�. �:t � �
�'�s�€�- ��l� �
� ° °�._�i �!�.t��...._
��°l...' t� 020��_
'�(�oZb o2Dl�
-a���� � �
Page 106 of RFP # 5222
• � !. � '
..� -� -�
•
�
•
M
�
�
' ! 1 ! ,
! ;1 �� ., � � 1 ,, , 1 �„�,
, " ,�,;
r � , ' � ' � �
Any excaptions taken to this RFP must be listed on the lines below. Iithere are no exceptians, please sign where
indicated at the bottom of the page.
� -�t�'ii�.` � - � Ri1
� o � �. �°� �e t`�
Signature Company Date
C� ��+ � � i � r; � ii`� : '
��.��- �__ i'�� libe.r- f����:��tc,,tC�i'���. �c. 5�3- 13
� ;�i��i�ai��r�+ Company bate
. �� . �
�
R II � .
! ! �.- �;� �. '�; 1 � 11 "",:� [ 1 '_'�,
, `
' ' � ' � � � ' , �
l- � �- � . � - �• � � 1a �, � . r *�-
� � �• �. � �•- � � � �, � �.�' + • '
� w 1' • _ ! � . � a� �'i 1- t ` .��� -� ; � '�
- � . � .; . � .; , -' •- . , , - . - - a � � : � ��• � • � , . r . � �,
�
- r:- � . � - , � �_ . - . - - � � � , � ��- � * � . . .-
i' �;� I�i i�� 'i, i° ��;� t*�� �'� i;��� � �i�� i �:� �� c� t• °c�i i�
�. ,...:1 h- i• �� c �• � �:: �. � ����,... � � �,:.� C.... � �..• �� � � ��:•.
:t�... 1 ' ! :: 1 � � ;'.. � 1 I ' 1:� � ' � '.: � 1 � I :'. � • ��I ' � �:. 1 I', ' 1 .:� : �:1 ' ' �:1 I 1 ;.� � �..,..
1 1' ':1 1'�. !': � 1 I': 1' 1 1 � f' I' I..: 1�.
,: . + �� � � . � �� 1. . '� • 1 ' . .. � " ' 1:. 1 ., " � '�. i . � .... : " . �,. .
r ' . . . .... ! �, i �� � � . + . '... .. ". 1 � 1 •� Y '�.. � � : i � i � r.
"� � ��
1'�� . '��.. � 1 ' �:' 1 � ' �:1���. 1 ���; � �� � ' ... .� � . : ! ' '�� i�..
�' l��� �'�::� • . ,.� R. .: � �,.� , �,...
� '� 1 1 " ' 1 '�. �! . • 1 ���� �:��
* �'.. '... • � �'��, � '�',. . "
_.. � R� � ' ..� •. a - � � •�� '..:� 1'��
� �...,.. �� r' 1 " � ���:
1 � � � :� .:: 1 � ' �� ' � '�.'�� ' !� � '.� ' � , � ,.....
�� � � 1 ',..� ' � . R �� ��.
� ' � :� �# i � .�; 1 '��� i ., �� � _ � ',,. � r • 1 � � ; 1 ' #,'�
�'. � ! 1 � ' i.. � � i�� w ' ! �. � " • '� ! ��.
(' ' • �.: 1 .� + ' �. � 1 iii. 1 ' 1 1 �
1 � ' 1 ':. ! ��. � . !�. �. 1 - � � �.. 1 ' : .! ' #��. �... . ! ,.. �., !
• � ,.' � ' �. � ' r. :�' ' � 1'. ' 1 � .'. 1 .
1 ;. � �,', ! � � ..,� � "'1 ' l �� � 1 i�:.' � 1 �° 1���...
1 �
� .... � �'. • . �; �. . �'�.. ' � ' -' ' 1,. , � , � .-. . ' , ' �
��! : ..�. � i"r'.::
I,i. . + � ' , � . .. _ . �:: . ... � / ' ' ^:. 1 1 . . • *.. ',,1 . .. .'
1 . _ ,- . _..... 1 � 1'� 1 ,',. ' 1�� ; • 1 ' .. �: � �:�. • . .. � � '���.. � ! ' . ,� ".
' . ' � ' � � 1 ���:' 1 ' �i " 1 � 1 �.�... ' ., � ;.., ' " '�... � ':, , � �- � ..
• ,.. � . li i ' ' � 1 � �. �' ' � � � � ' .�:. 1 ' ... * _. � � I � �: �. �. .
� � `: � � 1� �: . 1 :��� 1 . �! !: � �: 1 1 1 ' ��.� � � � ' ���.. * � * �:' -' � �� .. ��. .::
� 1 ' � 1:�. � �. l � :1���. . . 1.�: � � f�.. � 1 w � ' �"� 1,�:1 �"
* • . � '�.' [.'�.. ' � .::. . � ..: 1 ....' :- , � ..;.
Page 109 of RFP # 5222
�
� � , �; '
� 1 � ,, • . ,, � . 1 1 "` � ' 1''
9UESTION O1�IE
Has the bidder, or the itrm, corporation, partnership, or institution represented by the bidder, or anyone
acting for such firm, corporation, p nership or institution, received citations for violations of OSHA within
the past tluee (3) yeai°s?
�,.._..� n-�,
`Y�S � 1�C) `"
��
- . ��- r -� a � • .- * , �� - � �.- � � �- • : • l� �
�� .,� � � �, + � t - � �- �
�. - � - � . � �' .� �- '-� - � � � � �� � * �
� �- -r
� ! : ♦ f
. i� � ri� i i� r= �� , ii �,> i� � i i; i, i� ,� ,,.i •i �,; • � i�� �;
s i i i< < r, � i i � i � a i �, � �: �� i• i�� ��i i �.r ���� � � w i i u� , � i��'.
•i ii i i? Mu • i �� i� �.�:. i� t; �. � . �: i
i v• ii • i �- �i i� ' i � � i•i ��•i° ii i ia-; � � i ��� �� �i
"- ��: i• •� ��c� i� i �, i i�';. i �� i,i i �i:. ii; .i i,
� � � � � � � i , i � � : � i � i . i + � i
%' ,
YES �' f�t ) ,�
�wi...�
�„r-
- � ��- [, -• . � � �- �; .�r - � �.- r � .. � ; • �- �
� � � � � w + � �: • �- . • - � �
�. - � � - � r,. - - ♦ . � - - � - - � -�i �- � � - - .' � �� ; • � � • -
� �- .�
� ! .1
. - � r�- � - � �� . � t, �- � � • •� - - .� � r ��� � , � -
� � �� . � . - � � � - - �.. � -� - .. - 1 .. ► <
� -� �,,��� � �-.
,,.�
,
YES he� ] �
� „
If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton,
with its bid submissxon, the following info ation with respect to each such conviction:
Date of offense, locat�on where offense occ ed, type of offense, fnal disposition of offense, if y, d
penalty assessed.
Page l 10 of P# 5222
��
1 1 1
1 1 ' "� ; ! : ! '.' 1 1 1`'i
r ♦
R � �
" - � ,-. . _ . : 1 - -. ' - ... _ � ,;: ' �. ' � I �r • � 1 , 1 . -.., • � ... . � e. ., � 1 • .. _ •.,,: , �:
1 !.'. 1 �'...,.�' ';1' ...� ' 1 1 . � �!'.1' i '...�� � � 1 �!'�.1 .
� ,
GOVERNMENT/COMPANY NAME: "(� C� Y�-r� n � f I I Q✓ �%x'�, i�' sl�p�I,�
�ocariorr: �,03�, N1c�co ��l1 .J nuill�e.J 1c��a�
co Acr P�RSON aND TixLE: } N e 15oh1 �� k
TELEPHO MrsER: q�to - 5 l� l� �� a �o lo
scop� oF wo :�J c w � b�i t I h -�'
coNr CTPERIOD: q�y�_ao,� � y�ao_ael3 l.l u��`Ilioh
rrc
covE ENTecoMparrY rra . Ca5 t�. ` c�
LocA oN: �i �u I s. s�-c ons , Cor � n+h ,'1�e Xc�s
coNTACT pERSON aND �1���,�L�,a a n n►'e, C l , C r- d
�r�1.,EPxorrE ER: q W W- 3 a I°'l 5 q
scoPE oF wo : 1 q o, y a, s� o� Io " Co h ck- 5 � t v}- o u l�" 1� �
carrm cTPE oD: 5 hiliz bn
- -�ola . $- IS-�.nIG
F NC T E
covE rrTOCOr�j'�avY �A r: Co v fi"ra � n t i ' ldt � pol� -r��,t"� ��)
LocarroN: "1 iv I 5 S�c �nmdns , Cnr� n 7, fiexa.S
corrxac°r PERSOrr arrD °r��r,.�:a: an� l e, C , C d
�LEPxoNE rruMBER: q y u- 3 a►-`► 5 q
scoPE o�° wo : -� 5b b s.� v r-�c nr
av;lie�n wi K o s a
coN cT PE oD: k,t �e- i h r�
�-Iq-aolo l- io-�oll
Page 111 of P# 5222
�
1 l 1
! '; 1 �`' ' , 1 : 1 ; �_�_1 � . � ,,
. .
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other r�:'•±;�,ri �is���� {��z�ir�c�� with local �srr°�rt�menial ��3iil:y�
_ _ - �.�.,
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
C?�`Fi�� liS� t�Nl,�
This questiannaire is being filed in accordance with chapter 176 of the Local Gove ent Code by a persan �a�������9��a
who has a business relationship as de%ned by Section 176.001(I-a) with a local governmental entity a.nd the
person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later
than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.
See Section 176.006, Local Gave ent Code.
A�zc�� ����i commits �n ot%nse il'the person knowingiy violates Section 176.006, Local Government `' ��, An
c:�!`f�:rs�;� ta��s9c:r ti�i� s��.dia�r� �:� <M �"i���� (,` ���ibck�°Na�u�ta7c�p°,
__ __ - - -
�Name of person who has a business relaEionship wfth local governmental entity. ,,�'
.�
11"'
2 ;,_
••�
Chec�s box if you are filing an update to a previously filed questionnaire. '`�
�
(The law reyuires ���i y�su fi�� r�r� �r��rJsjt� ec��a��slet�d a�ar��tiva�n�ve �vitts �z� ���ry��i,p��r�ii€� filing authority not later than the 7'h business day after the
date the originally �I�rl r�uc;s�is��rrrai�.: lve�c,��c� ii5�:�r����rlct� cir i���cc,tt�°�sC�.� ,,�,'
3 Name of local govemment officer with whom filer has an employment or Ititt�fizc��� relationship.
Neme af Officer
This section, (item 3 including subparts A, B, C& D), ��u�if be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Lc�c ������vcar���r��xnt Code. Attach additional pages to this Fortn CIQ as necessary.
A. Is the local government officer named in �h�3's��t��rr receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire7 �`
� Yes �,,�°°'�INo
B. Is the filer of the ��u�;s�is��roc��ar�,r��:�xvi���� ar li��ly kg receive taxable income, other than investment income, from or at the direction of the
Iocal govemment officer r� �r���ri' in this s���l�n A,I�C7 the taxable income is not received from the local governmental entity7
�__...� Yes �� No
,..
C, Is the filer of this c�s���#er�rrd�adr� employed by a corporation or other business entity with respect to which the local government officer
serves as an �+ff�c`�r or director, or holds an ownership of 10 percent or more?
r�
f�' Yes �� No � I �
D. �7���r�I�F. each affiliation or business relationship.
r
x
.�... .�.e �,.,�.._�_..�_.. „ �... �.. e ... _.w....,m.� ., �. ,,......,,.. . ........�,_ ,m»m.,m.,_.,.. _ .....,.m, � �..,,.....�...,. �....,a.,a.,�.� ... . . .. ........... ..w,....,.
4
_..._.
_ � � t t. �_IT�.� ( � .........4 �! �._k..�� .�.� a � ti.;�t...� � � ��� �-� L�a `" __ —._.... _ ....��� � .,.� ��..� � �
Signature of person doing business with the governmental entity Date
Fage 112 of P. # 5222
�
. � �
� � �, � , ►' 1 1 1 1
1 ' ' , 1 � 1 , • � � � . �
1 " 1 I 1"
Equipment Schedule:
. . ,- -�-.� �. -�� �- ., �. �
. �• �� � w r : . 1 1 ' i' : r' -� � �- � ' � : �
+� : f' �
�
� i �,
1 U �! �. ; / : 1 '•. �;� ,��
i 1
�I'he undersigned agrees this Proposal becomes the property of the City of Denton after the official opening.
The undersigned aff°u°ms he has familiarized hnnself with tlie specification, drawings and other documents; the local
conditions under which the work is to be performed; satisfed ltimself of the conditio�is of �elivery, handling and storage
of materials and equipment; and all other matters that will be required for the work before submitti.ng a proposal. In
subrnitting a proposal the undersigned further understands that the work requu°ed is to provide construction of the project
that functions as described in the specification. The undersigned understands that all requirements of the constt°�uction
may not be described in every detail and agrees to provide la.bor, tools, material and equipment necessary to complete all
construction to make the fence functional as described in the specification and drawings before submitting a proposal.
The undersigned agrees, if this proposal is accepted, to furnish any and all items/services upon which prices are offered,
at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this
Proposal will be ninety (90) calendar days unless a different period is noted.
The undersigned affums that they are duly authorized to execute this cantract, that this P has not been prepated in
collusion with any other Proposer, nor any employee of the City of Denton, and that the cantents af this P have not
been co unicated to any other proposer or Yo any employee of the City of Denton prior to the of�cial openu�g of this
bid.
Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under
the antitrust laws of the United States, 15 USCA Section 1 et se ,, and which arise under the antitrust laws of the State of
'1'exas, Tex. Bus. & Com. Code, Section 15.01, at se .
The undersigned affirms tliat they have read and do understand Che specifications and any attachments contained in this
P package.
The undersigaed agrees that the P posted on the website are the ofticial specifications and shall not alter the electronic
copy of the specificatians and/or pricing sheet (Exhibit 1), without clearly identifying changes.
The undersigned understands they will be responsxble for monitoring the City of Denton Purchasing Website at: . t :
www.citvofdenton,com/index.as�x�.pa e=397 to ensure they have downloaded and signed all addendum(s) requ°v°ed for
submission with then° proposal.
I certify that I have made no willful misrepresentations in this Proposal Submission, nar have I withheld informatiorz
in ray statements and answers to questions. I am a�vare that the information given by ma in this proposal will be
investigated, with my full permission, and that any misrepresentations or ornissions may cause my proposal to be
rejected.
� �.,• - � • � � .,�.- �. � � � ,.� ,
,, � � M. ,r
• �s- � � �. -r
, �.- � � ;� r, -�
� R��.. * R' .�. � - �.
R.�R� � � �.
e ['u.li�er Cc,►�S�r-��c�r���� . ��
5� �-I C ��uin bers 5-t-
� . ,.,
�� �ry � � � � ,—.�:'°�� `� � � �.� .�� �__.._� ..m....
, �
r , � .
� ` � M
Received �� �� o� I"7 �� � 13
Received �� 18 ,� u I 3
Rec�iveci r� � �, �(� 13
ruee�uc�I f}-�ri ! aq. ,�u �3
AUT .ORIZ(�D It 1'RCSl�1V°I'ATlV�:
Signature.� ,�/��''t'`'e�►—
Page 122 of RFP # 5222
r�.-
�.�
;.
Tit1e _ U r Ge,, o°�z s; cl c��'
� � . .
.. �
�
• 1 �
� 1 �, •, 1;: 11 '� j! 1 1''!
1 � 1 . � � ; . �; ,
• �- r . • -. � �r � �
� � � . � ��` 1 -�. �! � � �- -�,
� � ! .� .+-� : � �: . � •
���� � � � � * - � � �- � �
'• - � ' • _ . . _ �- � � ; -� , � r- . � . . - -� ,'!
���� • � �-� � � -• � - �i 1- � r � �- -� � �. +
�� � r � �•� . r •�- � . � � �
� �-� � �- � : � ! . � ��� � . +�� - � ; - � � ��� � 1 • �; � � i; , i .
�-� � � � - � � �!: � � �: . . � r -
� - r - � � • ;
! � i ;�•� � i� i � 1� � .�-� r•. �.- �
1- � � � .r - . � - '' � �-,. � � r• .�• � , � �
�- � ' �.� . � � - � . � � r ♦; � r -�
� � - �. � -� - ''-� - - , - � �: � �. • , � • �- - - - ,
� . . � � � - - , � - - �+ - - ° . ;• �' . , - ,'
: r �. r' � � � :' �� � � ;�. � • r
� - � �: � -� � a
� _ r • ;. : ' •+ . ' � � �
� , �R, ..�� ': I � �. .., '�; � .....
�, � � ��1 ���'; � • • } � C. � � � • � ��� � �; �� � :���
I structions: If your company is already certified, attach a copy of your certification ta this farm
and ret wiith the submission. If your company is not already certified, and could be considered
as meeting cert��cation requuements, please use the vveU link to obtain such. If you are submitting
a response and plan to utilize DBE's as subcontractors, then use the fo below to identify the
business(s) d include the B certification for each subcontractor.
caMPArrY rraME: _" F� _ � � � � ��y -. �.�,� ����.� �� � �.,.� � � �v ,.� n ��..�,� ��`
� �` ��y � __..�_r�..._.�
� �.
REPRESENTATIVE: v _ * ( � �� C_ f'� �i�_� ��
�'�� ' '� � � "
D SS: � �:� �= a.. ., �'' � �'�� �'�`t �� �_��� �.��_
CITY, STATE, ZTP ������`��.._� �-� � .�i� w.W. I� ��- O S
' • � . . + . , • `
,� � ,�
• •� : �
• -� : - �
! .� .*-r, : �
Page 114 of RFP # 5222
�
Texas Historically Underutilized Business (HUB) Certificate
CertificateNlD Number: 1205282801400
FileNendor Number: 060752
Approval Date: 28-MAR-2013
Scheduled Expiration Date: 28-MAR-2017
Statewlde Hlstorlcally Underutlllzed Buslness Program
The Texas Comptroller of Public Accounts (CPA), hereby certifies that
CALIBER CONSTRUCTION, INC.
has successfully mei the established requirements of the State of Texas Historically Underutilized Business (NUB)
Program to be recognized as a HUB. This certificate printed 29-MAR-2013, supersedes any registration and certiTicate
previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure,
ownership, day-to-day management, operational control, business location) provided in the submission of the business'
application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB
Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB
certification may be suspended or revoked upon findings of ineligibility.
�«,�.,c.� �. �,�
Pau1 Gibson, Statewide HUB Program Manager
Texas Procurement and Support Services
Note: In order for State agencles and institutions of higher educatlon (universities) to be credited for utilizing this business as a HUB, they must award
payment under the CertificateNlD Number identlfied above. Agencies and unlversities are encouraged to validate HUB certification prior to issuing a
notice of award by accessing the Internet (http;//www.window.state.tx.us/procuremenUcmbUcmblhub,html) or by contacting the HU8 Progrem at
1-888-863-5881 or 512- 463-5872. n��, a9/i2
�
-���
�'� ,
��` � �,t .
,� �
May 18, 2010
Chris Clampitt
Caliber Construction
504 Chambers
Denton, TX 76205
, ne for e er uali of 'fe
Re: Denton Landfill
Wheel Wash Final Acceptance
�
The final walkthrough of the Wheel Wash facility was conducted on Tuesday May 11,
2010. The construction of the facility has been completed in accordance with the Plans,
Specifications and Change Orders associated with the project. No deficiencies were
noted, and the Owner has placed the facility in service.
We appreciate the continued high quality and timely work completed by Caliber
Construction. If you have any questions, please give me a call.
Slncerely,
CP&Y, Inc.
�
,� .� � ��� .� , � '� .
Frank E. F��.ac�����°, � �
Cc: David Dugger, Landfill Manager
File
1820 Regal Row, Suite 200
Daflas, Texas 75295
214,638.0500 • 214.638.3723 fax
.cpyi.com
���
��
,y�� ��
3
���
��.,
���_
� � ,� � � � i; � ,
i �1
�,+� � r � '11 n t � 1\ ,
U� � � r�; o r i r �, �, ,
�'� r ' � � t )t� \ % tl t .! r ,!_,��
...'s, ��,�- rs'` t l
��;� I � ' I ' � �' ! ! 1�..1 ' I �.
1 � �
�' I ��1 I 1 �; 1.:
1,.: � • I�� � �j
!' I:. 1 I 1 I'' 1�: ' 1 I I��.:.
I � �� ' �. � ' R �.: �.
� � �;
r � � � � � � � � � � ' � i �
�' • � � � � �
I' 1 1 1
1 r I
'�� i � 1 i � ii i
�� � I II! �
�
�!� �
' � � - • • � - -<� " •t• �
• •
•� _ , s-- ' � . •' �-• ' •�- �
,�- -* - _ - • � , _•' •� • � � • • - - �
• '•
. � � . � , ;, � ; ,
Attachment A
. . . . ., � , . �
• . . . , � •' 1 1 1 '
� , � ;. .
This form should be signed and returned with your proposa�
Name: �� �'' �.� �" _� w � � 3 � c" i" .
N� ., r�� ��,w
Signaturet �M--°
Company: c� t� aer co ��`. ._. r,� � c
---� _
Tiele: (i ! Ge. PKS1 t� r..�'?�-�"'
Date: 7 — t
�
��`��
� �<.
"� �; i� f�'�: r:i�i;
�� i
�' I,.,I 1 1 ��� +`
1.;. � .' �' ... � �.
1`I �:1 I 1 I:' It� I Ili:
♦ � � � ..� � .. ■ ` ..
.� � �` .: I��.
• ' I' I ' ! I I' ' • 1 . I !�
', . �.1
1' 1 1 I !
1 � ; I
' ��i � 1 i��
� � � 1 I I�� �
. :
�_1 �7 �7 �:I �1��► _F,'�]
�..- . . ,- -. ...,
. . •
.. - _ .-- - � . . .--. �..- ,
-- -. _ . . -. ... ;,. . , . -.
. . -
. _ ..
..= . .
� � - . .
This form should be s�gned and returned with your proposal.
.�_.
Name: C c:� � " d t�� t�+'�
�
� ,�,: ,.- p..
Signature: �-;'�� -��- � � _ �-
Conrpany: C � � ! ���,�`�_ �� ��t � � � l � � � ! C� � �1 � � �'�c:
Tille: I o
Date: - � I
�.�
t�t` �f} � ��
Purchasing Department
1- ex s t.
e to , 7
( ) 3 -71
. e t0 1'C 81 .CO
� � ` 1 ' ■'
I• * `
► ■
'" �' 1 ' 1 1 1' '• 1 : 1
�, • '•:1
1 ' ,1 1. 1
1 � 1
' ��ti � ! a� i
°�: l II , �
�
• � � �;
� • � • � • � - - � ' • • •
• • • � - • •
, � � � �
,* � . � ." � `
This form shou[d be signed and returned with your proposal.
Name: � � � i� � � �� t�� �--
; rv � : --�� �._
Sigri ure: _ _ �- �
co�any: ��. P i ��.� _�c� � � ���� c�t��� �c
rute: U ` � �?res i ra �n-�-
�►ate: - a I
�
ili� ��17t �yt1 �� i! ?� r� � il� �� � �� } ,.
, l�, �� � a,�
I!� { �i�� S, �� �r r �s�i. �''� � � ��,
„
��� � ,
r�� i , � _ � � • 1 , ��y . l (
� I � �'i:
r
�' I' 1 i � �;
i•I �� ��;
�•�'��� ��' �� i���
� �� � � . �
�; ' ;� 1���
� 1 I.. � � � � � �,; � ��: � � � � � (
�{ � ! � 1 � �
'� , � ��� � � ; , �;
� 1 , �
� 1 1 1' 1 �' 1 1 ll
` 1 " � ( �` I
�
��� �
' � � • • • � - � � ' • • � -
�:. �:... �� .. _. ...;♦ �"`.. , ..' 1 b' ��,: ' �� !�. 7 �'! "�! l�::
! � "
I � �� �� '� � �.. ' ...
This form shoul'd be sig�ed and returned with your proposaL
Name: � � t; � �,�� � � ���, �,.�.
{ ��
stgnar�,re. ,� �- `� ��...
Company: ��`C�.)1 ����� �`���r���"���.�t ��[ ����� 1 ����
Tir[e: U� l� � F�.,� i` ��� e. n�°
Dater °' pl - I
�
�� '�'°'� CERTIFICATE OF LIABILITY INSURANCE DATE�MMIDD/YYYY)
8/23/2013
_
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.
_
IhAPd�R��tdT; 4i th� c�e�klf�clt� holder is an ADDITIONAL INSURED, the policy(ies) must be c�nd�at���l. If SUBROGATION IS WAIVED, subject to
the terms and conditlons 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 �rrdsrsernent�s).
. _ _--- _
PRODUCER ���T�'�T Natalie MeCalment
� .�........._
Sun West Insurance Agency, Inc. P�°"�� c�wi. �817IZ61-11�1 fAIC.Nolt:817)261-1120
600 Six Flags Dr., Suite 102 �y������.natalie@sun-westins.com
Arlington TX 76011-6322
�.. m.
INSURED
Caliber Construction Inc �''� � °�� °°
� „,.�
�
504 Chambers � � ��`��
�f ��� z�� � "
��� ¢�
Denton
TX 76205
INSURERISI AFFORDING COVERAGE �i NAIC #
_._m.
aivtid-Continent Casualty
�� ___�a _.._�_.�.
e3rlercurv County Mutual Ins. Co, 9394
�...._e......_ -
c.Texas Mutual Insurance Company 2945
COVERAGES ��i�TIFI�,�T� h#U(NSER:��13-2014 E�EYI�fC3N hIUIh�B��t:
. -
' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
' INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS
' CERTIFICATE MAY BE ISSUED OR 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.
__...... �... .....
�� IIV5ft � � AUDL SUBR�.. �'���'��' ��� ������ ��R . LIMITS
i rw TYPE OF INSURANCE iucw wvn POLICY Nl1MBER CA�Iy'YY`� M4wV{][i7Y Y
GENERAL LIQBILITY .,��' � . EACH OCCURRENCE �' $ 1� 000 � 000 X�.t"���
� GC]MM�Rt;IAE GENERAL LIABILITY DAMAGE TO RE�"V �D lOO OOO
PJPF1�11RFR.lwF�nraurr� „q,,,,,,.,,_nr.wl ..���. S i
A CLAIMS-MADE � OCCUR a�F'{ +7�i,i3�D882973 ..,_-'' 6/16/2013 /16/2014w^ MED EXP (Any one person) $ ERCLUDED
�
PERSONAL&ADVINJURY �N$ 1,000,000'
� _�._.�.......��. �. �.....
GENERALAGGREGATE $ 2,000,000,+.,�""'�
GEN'L �.G�C�£�rA7E LIMIT Af��"LXES PER: �� vPRODUCTS - COMP/OP AGG $ 2, 000 , 000
X � ��"rCl�i' �Tt{]�- '�. ImfS��:. �' ..___ .____-_ $
----- '�� COhAi31NE6 SINGLE LfMiT .�'
AUTOMOBILE LIpB1LITY"" � rF� � n �n R 1. 000 . 000 'w^°"
AUTOS�ED AUTOSULED X�,.° A420000002795�"'t /28/2013 A/28/2014 BODILYINJ� �
B i X ANV AUTO �'3 URY (Per person) $
URY(Peraccident) E
NON-OWNED PROPERTY DAMAGE $
TX HIREDAUTOS X '' AUTOS �°��.�w �._.�.�.
Ilndarinsuredmotorist $ 100.000'
_ . --
'� UMBRELLA LIAB OCCUR EACH OpCURRENCE $
�� EXCESS LIAB � CLAIMS-MADE ���� AGGREGATE ����. S
�....n.�...�..
f1Ff1 �� RFTFNTIf1NA ���� $
�«. Y.., _�... .... � _
..___ — ..__. ..__
C WORKERS COMPENSATION �`' cott & Pam Richter r�' X WC STATU- i H-
AND EMPLOYERS' LIABILITY �� ° rno�v�GF��re �a .
ANY PROPRIETOR/PARTNER/EXECUTIVE � N� A E.L EACH ACCIDENT �$ 500 , OOO `"
OFFICERlMEMBER EXCLUDED7 SF0001172441 .f^'i y /2/2013 /2/2014 "` � I
(Mandatory In NH) E L. DISEASE - EA EMPLOYEL $ 500 . 000 �
If yes, describe under �
DESCRIPTION OF OPER4TIONS below E L DISEASE - POLICY LIMIT S 500 . 000
....._ . � __.....
A Equipment Flodter 4IM52311 B/18/2013 8/18/2014 Anyonitem�xceptcranes 200,00�
'��. Deductible 5�Q'�.
C7�SC�iPi4C�tiP 4F #�'�€�.RA'�{?N�! LOCi�TIONB t Y�FIiCLES {ktta�cPt AG4RCJ iii�i„ Asitlilinnal Rernai+i[s Scha�duic, if trind� �p�cb 1s e�e�uEtrd�
Th�e G�n�ral i.�a:k�a��ity �a��.i�^ a.z���.t��l�s a�Z�����,.,. ���sama�a.� �t3tia��.�issa3. a,nsur�ti e�cior��raent �h�t p��v'�ties
.� � �N.,,�-. , ��. , �,..,.�_, , .....,_� �.<.��
addi..��ia�,�]. ��asu��� st��u� �o th+� c�sta.fa.�at� k�,ra�.�,� �in�.y^ wh�n tha.��r 3,s s r�ritt�z� et���r��� b�t�a�en th�
a���el �.nsu��ti �nd the certificat� ho�.c`��r '�iaa� �eu�tx�:'�`e� su�:ka sta'�t��«�. The Gr�ner�l, �,i�ili�� �and fiv�'�rkear�
� � u.�, �„ _,< ,x � .� � � m�� �.,_.
�r.a��n�a� ' �a�al,�.cies includes a b��nk�t aea��matic va�av�� ts� suk�r�g�°��.�as� �rac�o�s�m�nt �'kia� p�c�"s�^�de� th�.�
-�.,, M. ., ��� _.� d, �.-.-� ,a.�
featu.r� car�.7.y s+�i�e_�- there is a writt�n cc�n�ract b�tw�en th� ra�m�d insured araci th� c�r�if�,c�tt� ho3��r �isat
xe+�.�r�� it.� �,�:,..
CERTIFICATE H{7L�t�R
:+���r=_rr�.�.i
( 940 ) 349-8596 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Denton ��p ' ACCORDANCE WITH THE POLICY PROVISIONS.
Parks & Recreation Department -
2 Z�J E MCKIIIII@]s AUTHORIZED REPRESENTATIVE r'"
Denton, TX 76201 ��'
��_
�7atalie McCalment/NAT � �
ACORD 25 (2010I05) O 1988-2010 ACORD CORPORATION. All rights reserved.
INSiiZ.ril�(1lflflfil f11 The A(`(1RIl namn anrl Innn �►n rnnie+e�orl m�rl�c nf A(:�1RIl
�. . 1
,
'; ' i' • Ci '1
STATE OF TEXAS
COUNTY OF DENTON
Bond No. 4391188
KNOW ALL MEN BY THESE PRESENTS: That Caliber Construction, Inc �hose
address is �4��k �'��r��e�•� �� ��r�tc�r� 'l4� ����i� hereinafter called Principal, and
s�reTec ins�rance �ar��any�,: � a corporation organized and existing under the
laws of the State of , Texas , and fully authorized to transact business in the State of
Texas, 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 ��N�d t��,rn�r, in t�te
penal sum of t�a�•e� I�u�ic��r�� fi1�t -��ir�e t}�c�!�s�n�i ���� hu:n�ir�d tti��1 -�i =�t���LL�R� � 3a��3��-�°_''
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, succcssors, 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 Ordinance T��r��x�° 2013-265, with the City of
Denton, the Owner, dated the 1 day of October A.D. ��i ��;�'fc�r RFP #5222 Construction of Solid
�V�st� f� ��°a.�.it�n� I�iai��i�� � ��`�r�iE� � I��� rc�v�,�nes�i�. � '`�
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 rnodifications 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 Qwner; 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.
File # 5222
PROVIDED FURTHER, that if any legal action be ftled 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, Specifcations, 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 WITNESS WHEREOF, this instrument is executed in fou�� ��pies, each one of which
shall be deemed an original, this the �st day of october 2o�s ,.�,�°` ,
__�� �w_��.m.
ATTEST:
�... � �
BY: �` __.
� �"
����������� --
ATTEST:
f � �, .-�
,
,�`� '
BY: ' � '� ��
rr= _ w,� —
Jc�d��r �nk�ras, Witness
PRINCIPAL
Caliber Construction, Inc.
. �y,..
BY: 1�,� ����
PRESIDENT
SURETY
SureTec Insurance Company
-� 1,�
� � (�w � �
BY: � � � �W � ..�t .� i� � � �d � ����, �� -- —
A'�`T���-FACT �
Connie Jean Kregel
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: �effrey Toad Mcintosn
STREET ADDRESS: 12770 Coit Road, Suite 750, Dallas, TX 75251
(NOTE: Date of Perforntance Bond must 8e date of Contrnct. If Restdent AgenP is not a corporation,
give a perso�'s name.)
File # 5222
�`i�w.� .,��'i�
� �
, �����'�
�r��� ��
,, �
.
I'• �� 1
STATE OF TEXAS
Bond No. 4391188
COUNTY OF DENTON §
KNO W ALL MEN BY THESE PRESENTS: That ��1 il��r G�n�t�Yu�tic�� 1 Ktc ;�yy�
whose address is �4�4 �l�a������•s �t C��a�i�� T"� �C���� hereinafter called Principal, and
sureTec insurance compar,y,;„,.r ' , a corporation organized and existing under the laws
of the State of Texas_� � , and fully authorized to transact business in the State of
Texas, 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, and unto
all persons, firms, and corporations who may furnish materials for, or perform labor upon, the
building or improvements hereinafter r��°c�°rcd to, it� tl�c ���al sum of three hundred fift -�g
thQU��t��i, ��r�� i���ndr��i nia��t���i r�i u,���.�1���Z5 �� � 1�� •_° �n 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 Ordinance �(ur�ber 2013-265, with the City of
Denton, the Owner, dated the 1 day of October A.D. �� C:�,�yf��` RFP #5222 Construction of Solid
���i� C���r�ti�st�s �e�r��i���,�as�l�i� Y If�pr���r��er�er���.� .�-.-�..
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 modifcations 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.
File # 5222
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 four c�pies, each one of which
shall be deemed an original, this the �st day of october , 2013 {� ;"
ATTEST: PRINCIPAL
° - ��.-�--- �alok�erConstruction, Inc.
. �, � .... —
BY: ...�.
�`€���T� � BY: � m � �
PRESIDENT
ATTEST:
� �
�`I/ �'' i
BY ����. °,��'�-u._
Ja��nklns, Witness
SURETY
SureTec Insurance Company
� r=
'I °
BY: ��' i �'�_.,� .� �� ��� �`1���,�!t. �n -�
A.�.,i"�l�?�C�''� -FACT �,
Connie Jean Kregel
The kesident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: Jeffrey Todd Mclntosh
STREET ADDRESS: 12770 Coit Road, suite �so, Dallas, TX 75251
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
File # 5222
���
�� �'^ � ���
'� ��:9,�
'� ��� �� ���
��
PoA q: 4221609
. � ! . � � �
I ',� ' 1, I"
Xnaw All Men by These Presents, That SURETEC INSURANCE COMP�tI�Y i�tlae "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Connie Jean Kregel; ��F�rey Todd Mclntosh
its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, aclmowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of sureTyship ta include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00}...,-r'
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and.duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 92is�izo�e and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for aad in the name of and of behalf of 4he Company, to execute, acknowledge and
deliver, any and al] bonds, recognizances, contracts, ag�eements or indemnity and other conditional or obligatory undertakings and any and all
natices and documents canceling or terminating the Company's liability thereunder, and any such insteuments so executed by any such
Attomey-in-Fact shall be binding upan the Company as if signed by the President and sealed and effected by the Carporate Secretary.
Be iP Resodved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any pawer of attomey or
any certificate relating thereto by facsimile, and any pawer of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20�' ofAprrl,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21 st day of March, A.D. 2013.
�,fi���,,. SURETEC INSURANCE_COMPANY
�����a�����
�a�r�� ,�q �' � B{/'_ 5,
,r
� S }� 4� ��.. ✓ .
� i �r ; `�� John � s�x Jr. 'r��aei'ent
� � ��
StaYeofTexas ss: ��+A � e ��
County ofHarris � ' -••••• �
�P1VIn. �b����
On this 21st day of March, A.D. 2013 before me personally came John Knox Jr,, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURET"EC INSURANCE COMPAN'Y, the company described in and which executed the above
instrument; that he knows Yhe seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
��++A , JAC�UELYN MALDONADO '
�„� Notary Public
Stale o1 Texas
�`F°��� My Comm. Exp. 5118I2017
� � ��� ,
_ ��. _.�. _ _
,l�cc� �1�� Maldonado, Notary Public
My commission expires May 18, 2017
I, M. Brent Beaty, Assistant Secretary of SURETBC INSURANCE COMPANY, do hereby certify that the above and foregoing is a irue and correct copy
of a Power af Attomey, executed by said Company, which is stil] in fu11 force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attomey are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this '$t �ay of �Octoher . 2013 A.D.
� �.��.�
r,` �`
� _.. . _., _..m._, ��.....�_ _�
, ��•� , t Beaty, Assistant cce��:tar��
Any Instrument issued in excess of the penalty state�? abn�re Is to4�lly vo9d a7d without any valldlty.
For veriflcatlon of the authority of this power you may r,all (793) 812-OS�O any business day between 8:00 am and 5:00 pm CSTt
�}�� ,.
l � i �€a�,�
ti,� � `'
.,.��' �r
- • •' .
� �, _
:•" ! '" ! "; • . , '!' . • �. !� ' • '
t 1 1 '1 1
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or ta make a
complaint at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Deparhnent ofInsurance to obtain information on companies, coverage, rights or complaints at 1-800-252-
3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#:512-475-1771
Web: http://www.tdi.state..tx.us
Email: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DTSPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the
Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
� ' �
The Bond to which this R.ider is attached does not pravide coverage far, and the surety shall not be liable for,
losses caused by acts of terrorism, rioty CIVII IT�SUI�TPCLIOTly or acts of war.
�� � � � .. �, ....
I '�,: � ��..: �k � �` � ♦..� ��; � '. I �...:
The Bond to which this Rider is attached does nat provide coverage for, and the surety thereon shall not be
liable far, molds, living or dead fungi, bacteria, allergens, histamines, spares, hyphae, or mycotoxins, or their
related products or parts, nar for any environmental hazards, bio-hazards, hazardous materials, environmental
spills, contamination, ar cleanup, nor the remediation thereof, nor the cansequences to persons, property, or the
performance of the bonded abligations, af the occurrence, existence, or appearance thereof.
Texas Rider 010106