2014-118�. � . � '� i i;
. �• �,, . . . � . .. �;s� . . � . . � � . • ;
�. ; � .;. �. � . � � � � �. �
; � ' • ' • ' ' • ` ! • '' ' � ' �' �; � � �
, � ..';� �', . � . . � �, ., • ' � l • �
� • � � � � ;• • ; 1111
WHEREAS, the City has solicited, received and tabulated competitive proposals for the
canstruction of public works or improvements in accardance 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 scared proposal for the canstruction af the public works
or impravements described in the Request for Proposal (RFP} document and plans and specifications
therein; NOW, THEREFORE,
• • • � • ' : ' • '' �; �
SECTION 1. The following competitive proposal for the construction of public works or
improvements, as described in the "Request for Prapasals" or plans and specifications an file in the
Office ofthe City's Purchasing Agent filed according ta the RFP number assigned hereto, are hereby
accepted and approved:
RFP
NUMBER CONTRACTOR AMOUNT
5506 Lemco Construction Services, LP $150,000
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the propasal for construction of
such public warks or improvements herein accepted and appraved, 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
natification of the award.
SL��:.rI�ION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or impravements in accordance
with the proposals accepted and approved herein, pravided that such contracts are made in
accordance with the Notice to Proposers and Request for Praposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein.
SECTION 4. The City Council af the City of Denton, Texas hereby expressly delegates the
authority to take any actians that may be required or permitted to be performed by the City of Denton
under RFP 5506 to the City Manager of the City of Dentan, Texas, or his designee.
SECTION 5. Upon acceptance and appraval of the above campetitive proposals and the
execution of cantracts for the public works and improvements as autharized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved propasals and autharized cantracts executed pursuant thereto.
SECTION 6. This ardinance shall become effective immediately upon its passage and
approval.
�
PASSED AND APPROVED this the ����. day of �'��� �� , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECR.ETARY
��
BY:_.�� �°°�._._ n .
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �,��� �� _ � A ,' w� �... �°M�
�� :
STATE OF TEXAS §
COUNTY OF DENTON §
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND LEMCO CONSTRUCTION SERVICES, LP.
(FILE 5506)
THIS CONTRACT is made and entered into this 6t" day of May 2014, by and between
LEMCO CONSTRUCTION SERVICES, LP, a corporation, whose address is 14131 Midway
Road, Suite 660, Addison, Texas, 75001, hereinafter referred to as "Contractor," and the CITY
OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to
be effective upon approval of the Denton City Council and subsequent execution of this Contract
by the Denton City Manager or his duly authorized designee.
For and in consideration of the payments, covenants and agreements contained herein,
and under the conditions expressed in the bonds attached hereto, Contractor agrees with the
Owner to commence and complete the performance of the work specified within the agreement,
in the ainount of $150,000 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 document
RFP #5506, a copy of which is on file at the office of Purchasing Agent and incorporated herein
for all purposes as "Exhibit A-Exhibit I". The Contract consists of this written agreement and
the following items which are attached hereto and incorporated herein by reference:
✓,.
(a) Contractor Response to RFP 5506-Pricing (Exhibit "A");
(b) Negotiated Scope of Work and Services and Technical Requirements, Drawings,
Graphs, Charts, Etc. (Exhibit "B"); Technical Specifications and Drawings are
available at the Office of the Purchasing Manager and at
litt �;���v����.c�t��c�fdci�t���.�o���f�i� �r�t�rr���t�-���vi���1c�� ��-ir�ie�a�- �'/���ateri��l��
nj{t��aY c��i�.�r��- �ar�i�as�a� =-r�ii�trk��au�ti�ax��ca��ic#�°-Il��c��-;���ci� �r•� �a:��:t:�1c�:��-�-��i��
___
bids-proposals
(c) Contractor Payments and Performance Milestones (Exhibit "C");
(d) City of Denton Standard Terms and Conditions and Contractual Requirements
(Exhibit "D");
(e) Special Terms and Conditions (Exhibit "E");
( fl Payment and performance Bonds (Exhibit "F");
(g) Insurance Requirements and Documents from Contractor (Exhibit "G");
(h) Contractor's Business Information (Exhibit "H");
(i) Contractor Response to RFP-Conflict of Interest Questionnaire (Exhibit "I");
These documents make up the Contract documents and what is called for by one shall be
as bindi��g as if called for by all. In the event of an inconsistency or conflict in any of tl�e
provisions of the Contract documents, tlie inconsistency or conflict shall be resolved by giving
precedence first to ihis written Contract, and then to the contract documents in the sequential
order in which they are listed above. These docume�lts shall be refer��ed to collectively as
"Contract Documents."
IN WITNESS WI-iEREOF, the parties of these presents have ��;ec����c� this agreement in
the year and day frst above written.
As�"I`� ;�'I�.
�,�
B �,��'� �' - �
y= ap.._.� �'�.. '� ���.. , "� �.
�� ,,
�
ATTEST:
1��LI� WAL'�� ���, CITY SECRETARY
I:
��I���L�r� A��"I`� LEGAL PORM:
ANIT.r� BURGESS, CITY ATTORNEY
B ��..�� �.. �"� .� ���.
y� ����.� �.�,_. �=
�
:
�i�T����'ION S]CRVICES, LP.
l�.C���I� SIGNATUR�
TYPED NAME: Paul Lembke
TITLE: Chief Operatin�cer
214-637-4222
_�_,�.� �
PHONE NUMBER
�_ nlembke(a�lemcocs.coin
E-MAIL ADDRESS
CITY OF DENTON, TEXAS
A Texas Mux�acipal C�c�r�t�r� ic�r�,,�-�°�_. ;
t �:
gy; �����Y�w.�� ��,�� ��. ---
GF;C�RGE �'. CAMPBELL �
CITY MANAGER
1 lt
�
� , ' � 1' ' ,
.
.
�
.
.�
.
..
�
•'
.
.
�
.
. �
.►
,,
�
�
�D
�
O
C
�
�
�
�
L
O
V
ro
C
U
N
�
�
O
�
,LV
U
N
�
N
�'�..
O
�«.,
a
c
0
�
�
0
�
�a,
a�i
�
a
�
�
.O
N
�
.�
3
O
O
N
w
.�
�
E
0
� ro
N �
� O
� �
aw
o °
� y
a� �
� �
� ro
� U
_ __ __
°o °o °a °o °o °� °o
0 0 0 0 �n �n
lp ' M M � ll� (p
di N Efl Efl � (i4
69 69
�
O
h
O O O O O � O'
O O O O lf') ld7
lf) (M M •- � (O
6F3 N 69 69 '�- Ef! '
69 Ef?
d
C�
.`
d
=
C
�
v
c
ro
i �a�
•o =
c ' � a �
o •°� � �
Q � o
a `�' �
�
�v `o o n�.
,,.. `
m c c o�S
� O O y
� '� �
� C ,� ' I �
'� � � � `
O 0 � � 3
a � � � �
d �U (0
� � ` C
,� �' O � � � � � �
� � C �
N O .� � C :F, �,, o
�s �o
di 3
-� � o. c � E c �
'� F�' c� m° S � U U
�
� J J J J J J J'
�
� �- t- � .- � r r
�
�
E c� r�. o� a� °� N
�, t- � �
�
O O O +� C� � � �'�j O O �
O O O'�7 � p t� p p O O �
O O O �i � C� '� LJ � O O
(V �- �t d� 1� CO CV (Q M�, C�j O
� EA EA N� Efl 69 6�3 d9 bCV9 Efl t�9 O
O
O
lC)
�
GF3
O' O £� 4 G� '' O O O._O ' O O
O O � C7 t� O O O O O O,,�,
O O +� C7 � O O' O O d O�j
N �r- '�i' d' I� (4 (V cD M C3i cV �
� 69 69 N EA H�} 6F? Ei9 N EA Efl �
Ef3 ' 69 69 �
=
�
�
m
�
N
N
m
�
r�
�
�
�
3
�
�
2
'�
c
m
�
O
O
�
.,,,, � ,.... �. �
C � '>
'� ' � �O
� � �
� � � 'D
'� �
� � C .�.+
(Sf C ' O
j� m y p C
�,� � p � C
C
.� LO cn
� '� N � �
� � O
� � �
� C � U � ` ^
:� � d ca j� c
c c Z, ' �t �, o
o U � c� � � 2
C O � .� C LL� t�
a � � � � � � � `�° , V
cn � F- �
U � � � cv � .� � � �
rn � u�i � °� �-' ' .c :� -° �
cv a �
� �(7 U U H� LLI A, Q
J� J� J� J� J� J� J r J I.J � J� J
0000'�i0'�OI�Q�a
�I � I�"I ��r-I�I'�iNI!'NlNiN
O
�
�
'0
�
U
'D
C
O
.�
N
a
E
�
L
C
s
-o
.�
a
�
�
(0
L
r�
�
� O
� C
7 A
V �
N C
� �
� U
H N
'� '�_
�' . � , . � �, � .. ,� � � ;� • •
. `� . � . . , � . !1
, .
.
.
CITY OF DENTON
RFP 5506
Scope of Work
The intent of this RFP is to obtain complete construction of the Denton Municipal Electric
Administration Building Renovations located at 1659 Spencer Road. The work for which
proposals are being solicited is described in detail in the Technical Specifications and
Drawings contained in Exhibit 1— Construction Documents of this RFP. The proposal
submission shall accurately describe the Proposer's understanding of the objectives and scope of the
requested construction and provide an outline of the process to complete the requirements of the
proj ect.
Special Notice and Additional Requirement(s):
1. Additional safety precautions shall be instituted by the awarded contractor, as the work
environment will be in an area where citizens and employees may be present, and work
safety must be coordinated with the owner.
2. The Contractor shall be responsible for all spoil removals, and any excess soil that
will require removal.
3. It is understood that the basis for payment on the work to be done according to the
final plans and specifications shall be a lump sum fee as set forth in Contractor's
Proposal. Any quantity estimates supplied by Designer or Owner are intended only
as a guide to the respondent. Respondent is responsible for making his own quantity
estimates and pricing from his own examination of the work to be done.
4. A schedule of Respondent's Quantities and Unit Prices is to be filled out as a part of
this bid. Extensions of units and unit prices rnust total up correctly.
�
Exhibit C
� . � '. � . � '• � . •
I • � •
1. INVOICES AND PAYMENT PROC�SSING:
Payment nrocessin�: The City review, inspection, and processing procedures for ii�voices
ordinarily require thirty (30) days after receipi of invoices, materials, or services. Proposals
which call for payment befoi•e thirty (30) days fi•oin ��eceipt of invoice, ox� cash discounts
given on such payment, will be considered only if, in tlae opinion of tlle Purchasing Mana�er,
t11e review, inspection, and processing procedures can be conlpleted as specified. It is the
intention of the City of Denton io niake paymeni within thirty days af�er receipt of valid
invoices for wliich items or services have been received unless unusual circumstances arise.
The 30 day processing period for i�lvoices will begin on ihe date ihe invoice is received or
the date the items or services are received, whichever is later.
Direct denosit for nayments: Contractors are encouraged to arran�e for receiving paynaents
through direct deposit. Informafiion regarding direct deposit payments is available from the
City of Denton Purchasing website: www.dentonpurchasing.com.
Invoices: Invoices shall be sent directly to the City of Denton Accounts Payable
Departia�ent, 2l5 � McKinney St, Dentoi�, TX, 7G201-4299 with a copy to the attention of
Herman Lawsozi, City of Denton Facilities Management, 69 South Woodrow, Denton, TX
76205. The copy may also be enaailed to Mr. Dean Hartley at
herman.lawson(a�cit,yofdenton.com. Invoices must be fully documented as to labor,
materials, and equipmcnt provided, if applicable, and must refcrence the City o�'
Dentoy� Purcliase Order Number in order to be processed. No payments shall be made
on invoices not listing a Purchase Order Number. Invoices for partial payments on
construction projects should normally be presented for payment witl�in the �rst five days of
the rnonih, and submitted on the AIA Pay Application Form.
2. TAX EXEMPTION:
The City of Denton qualifies for sales tax exemptio�� pursuant to t]Ze provisions of Article
20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing
work under this contract for the City of Denton m:ay purchase inaterials aiid supplies and rent
or lease equipment sales tax free. This is accomplisl�ed by issuing exen�.ption certificates to
suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09.
3. PAYMENT APPLICATIONS AND PAYM�NTS TO CONTRACTORS:
A. Upon presentation of valid payment requests invoices, which should be witl�in the first
week of each n�onth, the Owner shall make partial payments to tlie Contractor for
construction accomplislied during the precedin� calendar montl� on the basis of
completed eonstructioii certif ed to by the Cont��actor and approved by the Owner and
ArchitecU�ngineer solely for the purposes of payment: Provided, however, that such
approval sllall not be deemed approval of the worlunanship o�� materials. Only ninety-
five percent (95%) of each payment request approved duri��.g the construction of the
project shall be paid by the Owner to ilie Contractor prior to completion of the project.
Upon the approval by the Owner of the Contractor's "rinal Invoice for Payment"
showing tlie total cost of the const��uction performed, tlie Owx�er shall make payment to
tlie Contractor of all amounts to v�+hicl� the Contractor shall be entitled there under whicl�
shall not have been paid: P�•ovided, however, that such final payment slaall be inade not
latei- tl�an ninety (90) days after the date of completio�i of construction of tlie project, as
specifed i�i the Pinal Invoice for Payment, unless withheld because of the fault of the
Contractor.
B. The Coniractor shall be paid on tlie basis of the percentage of the work actually
completed for each construction itean. The total amount paid for periodic billings shall
not exceed the maximum contract price fo�• tlie construction of the projeci as set forth in
the conti•act, unless such excess shall have been approved by the Owner, and Owner's
Representative, and ii� writing by the Purchasing Agent as part of a change order.
C. No payment shall be due while the Contracto�� is in default in respect of any of the
provisions of this contract, and the Owner rnay withhold from the Contractor ihe amount
of any claim by any third party against eitl�er the Contracfior or the Owner based upon an
alleged failure of ihe Coxltractor to perfornl the work hereunder in accordance with the
provisions of this co�rtract. This includes alleged failure of the Contractor to make
paynaenis to subcontractois.
4. R�L�AS� OF LI�NS AND C�RTIFICATE OF CONTRACTOR:
Release of Liens and Certif cate of Contractor shall be accomplished in accordance with
Article 5.3 of the Standard Terms and Conditions.
5. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS:
The Contractor shall pay each materialnaan, and each subcontractor, if any, not later than five
(5) days after receipt of any payn�ent frotn the Owner, the amount thereof allowed the
Contractor for and on account of materials furnished or construction perforzned by each
materialman or each subeontractor.
6. R�M�DIES:
A. Completion of Co��.tractor's Defauli
If default shall be nnade by the Contracior or by any subcontracior in the performance of
any of tl�e terms of ihis proposal, the Owner, without in any manner limiting its legal and
equitable remedies in the circumstances, may serve upon the Coi�tractor and the Surety or
Sureties upon the Contractor's bond or bonds a written notice requirin� the Contractor to
cause such default to be corrected forlhwith. Unless within twenty (20) days after the
service of such notice upon the Contractor such default shall be corrected or
arrangements for the correction thereof satisfactory to ihe Ow�ier and/or Engineer shall be
made by the Contractor or its Surety or Sureties, the Owner may take over the
construction of tlie project and prosecute fihe same to completion by contract or otherwise
for the account and at the expense of the Coniraclor, ai�d the Contractor and its Surety or
Sureties shall be liable to tlie Owner for any cost or expense in excess of the contract
price occasioned thereby. In such event the Owner may take possession of and utilize, in
completing the construction of the project, any materials, tools, supplies, equip�nent,
appliances, and plant belonging to the Co�itractor or az�.y of its subcontractors, wlnich may
be situated at the site of the project. The Owner izi such cot�tingency may exercise any
rigl�.is, claims or demands wllich the Contracior may have against third persons in
connection with this contract and for such purpose the Contractor does hereby assign,
transfer and set over unto the Owner all suc11 righis claims and demands.
B. Liquidated Damages
The time of the completion of consfiructio�i of the project is of the essence of the contract.
Should the Contractor ne�lect, refuse or fail to complete the construction witllin the time
herein agreed upon, after givin� effect to extensions of time, if any, herein provided,
then, in that event atad in view of the dif�culty of estimating with exactness damages
caused by such delay, tlie Owner shall have the right to deduct frona and retain out of
such money wliich may be then due or which may become due and payable to the
Coniraetor fihe sum of PNE I-�UNDRCD DOLLARS $5( 00•00) per day for each and
every day, includizag weekends, tliat sucli construction is delayed on its coinpletion
beyond the specified tinie, as liguidated danlages and not as a penalty; if the amount due
and to become due froin the Owner to the Contractor is insufficient to pay in full any
such liquidated damages, the Contractor sllall pay to the Owner the amount necessary to
effect such payment in full: Provided, however, that the Owner shall proinptly notify the
Contractor in writing of ihe manner in which tl�e amount retaiiled, deducted or claimed as
liquidated damages was computed.
C. Cumulative Remedies
Every right or ren�edy herein conferred upon or reserved to the Owner shall be
cumulative, shall be i�� addition to every right and remedy now or hereafter existing at
law or in equity or by statute, and the pursuit of any right or remedy shall not be
construed as an election. Provided, however, that the provisions of the REMEDI�S
SECTION shall be the exclusive measure of damages for failure by the Contracior to
complete the construction of tlle project within the time herein agreed upon.
Exhibit
r 1� � � �
. , � � � �
. �
. . .
� , . �
CITY OF ll�NTON G�N�RAL CONDITIONS FOR BUILDING CONSTRUCTION
ARTICL� 1 GCN�RAL PROVISIONS
GEN�RAL llrFINITIONS
1.1 The following definitions apply throughout these General Conditions and to the other
Contract Documents:
a) THE CONTR.ACT DOCUM�NTS
The Contract Documents consist of the formal Building Construction Services
Agreement between the Owner and the Contractor, these General Coi�ditions and other
supplen�entary conditions included by special provisions or addenda, drawings,
specifcations, addenda issued prior to execution of the Contract, other docu�nents listed
in ihe Contract, and Amendments issued after execution of ihe Contract. ror purposes of
these General Conditions, an A�nendment 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
Subpara�raph 7.1(b) and Subparagraph 7.1(e); or
(3) a written order for a minor change in the Work issued by the ArchitecdEngineer 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, exl�ibits or attachments specifically
enumerated ii� the Building Construction Services A�reement, but specifically exclude
geotechnical and subsurface reports that the Owner nnay have provided to the Contractor.
U) TH� CONTRACT
The Contract Documents, as defined in Paragraph 1.1, at�e expressly incorporated into
and made a part of the formal Building Construction Services Agreement between the
Owner and the Contt�actor by reference in this Paragraph ax�d Paragraph 1.1 (whicli
documents are sometimes also referred to collectively in tl�ese General Conditions as the
"Contract"). The Contract Documents represent the entire and i�itegrated 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 a�i Annendment. The Contract Documenfis
shall not be co��strued to create a contractual relatio�iship of any kind:
(1) between tl�e ArchitecUEngineer and Contractor;
(2) betwee�� the Owner and a Subcontraetor or Sub-subcontractor; or
(3) between any persons or entities other than the Owner and Contracior.
The Arclaitect/�ngineer shall, however, be entitled to performance and enforcement of
obligations uxlder the Contract Documents iniended to facilitate performance of the
Arcl�iteet/Engineer's duties.
c) TH� WORK
The term "Work" �neans the construction and services required by the Conti•act
Documents, whefiher con�pleted or partially completed, and includes all labor, materials,
equipment, aiad se�vices provided or to be provided by the Contractor, or any
Subcontractors, Sub-subconiractors, material suppliers, or any other entity for whom the
Coi�tractor is responsible, io ful�ll the Contractor's obligations. The Work may constitute
the whole or a part of the Project.
d) TH� PROJECT
Tlle Project is the tota] construciion more particularly described in tl�e Building
Construction Services Agreement, of which the Work performed un,der 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 tern� "Project," notwithstanding
that the Vdork may only be a part of the Projeet.
e) TH� DRAWINGS
The Drawings (also known as tlie "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.
fj THE SPECIFICATIONS
The Speciiications are that portion of the Contract Documents consisting of the written
xequirements for materials, eyuipmeiit, construction systems, standards, and
workmanship for the Woi•k, performance of related services, and other technical
requiremenis.
g) TH� 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 modif ed by written addendums issued by the
Ow�ier during bidding, in which case tlie wz�itten addendums become a parl of the Project
Mai�ual upon their issuance, unless otherwise indicated by tlie Owner in writing.
h) ALTERNATE
An Alternate is a variation in tlie Work on wliich tl�e Owner requires a price separate
from the City Building General Co�lditio��s Bas� Proposal. If an Alternate is accepted by
the Owner, the variation will become a part of the Contract tl�rough the executio�i oia
change order or amendment to the Contract and the Base Bid will be adjusted to it�clude
the amount quoted. If aai alternate is accepted by the Owner, and later deleted prior to
any Work under ihe alternate being perfoi•raed or materials delivered to the Project site,
the Owner will be eniitled to a credit in the full value of the aliernate as priced in the
Contractor's Bid.
i) BASE Proposal
The Base Proposal is the price quoted for tlie Work before Alter��ates are considered.
j) HAZARDOUS SUBSTANC�
The term Hazardous Substance is def��ed to include the following:
(1) any asUestos or any material which coniains any hydrated mineral silicate, including
chrysolite, amosite, crocidolite, tremoliie, anthophylite or actinolite, whether friable
or non-fi•iable;
(2) any polychlorinated biphenyls ("PCBs"), or PCB-containing �nalerials, 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 aiiy mixture thereof,
lead, or other toxic metals) which in iis condition, concentration or area of release
could have a signifcant effect on human health, the environment, or natural
resources;
(6) any substance fihat, 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 defned in 42 U.S.C. Section 6991(1)(A)(I)
(iiicluding those def ned by Sectio�a 9001(1) of the 1984 Hazardous and Solid Waste
Amendments to the Resource Conse�vation and Recovery Act, 42 U.S.C. Section
6901 et seq.; t11e Texas Water Code Annotaied Seciion 26.344; and Title 30 of the
Texas Administrative Code Sections 334.3 and 334.4), whether empty, filled or
partially f lled with any substance; and
(8) any other hazardous material, hazardous waste, hazardous substance, solid waste,
and toxic substance as tl�ose oa• similar terins are de�x�ed under any federal, state, or
local environmental laws, rules, or regulations.
k) OTH�R D�FINITIONS
As used in the Contract Docuinents, the followin� additional terms have the following
meamngs:
(1) "provide" means to furnish, install, fabricate, deliver and erect, including all services,
matei•ials, 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" mea�as as prescribed in the Contract Documents; and
(4) "as necessary" means all action essential or needed to complete tlie work in
accordance witli the Contract Documents and applicable laws, ordinances,
construction codes, and regulations.
1.2 EXECUTION, CORRELATION AND INTENT
(a) Tlae Building Construction Services Agreement shall be signed by duly authorized
representatives of ihe Owner and Coz�tractor as provided in the Agreement.
(b) Lxecution of the 13uilding Construction Services Agreement by the Contractor is a
representation thai the Contractor has visited the site, become fan�iliar 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 iteins necessary for the proper
execution and completion of the Work by the Contx•actor. The Contract Docun�ents are
complcmentary, and what is required by one shall be as binding as if reguired by all;
performance by the Contractor shall be required only to the extent consistent with the
Contract Docuine»ts and reasonably inferable fxom them as being necessary to produce
the intended results.
(d) Organization oitlie Specifications into divisions, sections, and articles, and arrangement
of Drawings shall ��ot 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 Coiatract Documents, words which have well-lalown
technical or construction industry n�eanings are used in tl�e Contract Documents in
accordance with such reeognized meanings.
(fl The Drawings and Specif�cations are intended to agree with one another, and Work called
fo�• by Drawings and not mentioned in Specifications, or vice versa, shall be furnished as
if set fo�•th by both. S��eci�cations s11a11 govern materials, methods and quality of work.
In the event of a coz�f]ici on ihe D�•awings between scale and dimension, f gured
dimensio��s sl�all govern over scale dimensions and large scale drawings shall govern
over sia1a11 scale drawiaags. Conilict between two or more dimensions applying to a
comxno�� point shall be referred to tlie Architect/Engineer/Engineer for final adjustment.
If disex-epancies or conflicts occur within or between the Drawings and Specifcations
regardi�ig the Work, or within or between other Contract Documents, the Contractor shall
not perform such Work without having obtained a clarification from the
Architect/rngineer and resolution by the Owner. The Owne��'s decision as to the
appropriate resolution of a coa�flict or discrepancy shall be final. Should the Drawings or
the Specifcations disagree within tl�eraselves or with eacla other; the Base Bid will be
based on the most expensive combi�iation of quality and quantity of Wox•k indicated.
(g) Deviaiio��s frotn Contract Documents shall be znade only afier written approval is
obtained from A�•cl�itect/Engineer and Owner, as provided in Article 7.
(1�) The intention of the Contract Docuxx�ents is to include all materials, labor, tools,
equipment, utilities, appliances, accessories, services, ri-ansportation, and supervision
required to completely perform t11e fabrication, erection and execution of the Work in
its final position.
(i) The most recently issued Drawing or Specifcation takes precedence over previous
issues of the same Drawing or Specification. In the eveni of a conflict, the order of
precedence of interpretation of the Contraci Documents is as follows:
(1) Amendments (see Paragraph 7.2 for order of precedence between Amendments);
(2) the Building Construction Services Agreeinent;
(3) addenda, with those addenda of later date having precedence over those of an
earlier date;
(4) the Supplementary Ge��eral Conditions and Special Provisions, if any;
(5) the General Conditions for Building Construction;
(6) the Specificaiions and Drawings.
1.3 OWNERSHIP AND USE OF ARCHITECT/�NGIN�ER'S DRAWINGS,
SPECIFICATIONS AND OTI�ER DOCUM�NTS
All Dt•awings, Specificatio�is, and copies thereof furnished by the Architect/�ngineer are and
shall remain the property of the Owner and are, with the exception of the Coniract set for
each pai�ty, to be returned to the Owner upon request at the completion of the Work.
1.4 CAPITALIZATION
Tern�s capifialized in these General Conditions include those which are:
(1) specif cally defined in these General Conditions (except the terms defined in
Subpara�raph 1.1(j), ��vhich te�•�ns are of common granlmatical usa�e and are not
a�oz����ally cap�talized);
(2) tlae titles of nuanbered articles and ide��tified references to Paragraphs, Subparagraphs,
and Clauses;
(3) the titles of other documents published or used by the Owner as manuals or of�cial
policy statements; or
(4) proper nouns or other words required under standard grammatical rules to be capitalized.
ARTICLE 2 TH� OWNER
2.1 DCI+INITION OF OWNER
The Owner is the City of Denton, a Texas municipal corporation, and is identified as such in
ihe Building Construction Services Agree�nent, and is referred to throughout the Contract
Documents as if sii�gular in number. The term "Owner" means ihe Owner or the Owner's
authorized representatives.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
(a) The Owner shall fui-��ish the most recent survey describing the pl�ysical characteristics,
legal limits, utility locations, and a pern�anent benclunark for the site of ihe 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.
THTS INFORMATION IS FURNISHCD TO TH� CONTRACTOR ONLY IN ORD�R
TO MAKE DISCLOSURE OP TH1S MA7'ERIAL AND FOR NO OTHER PURPOS�.
BY FURNISHING THIS MAT�RIAL, TH� OWN�R DO�S NOT REPR�SENT,
WARRANT, OR GUARANT�� ITS ACCURACY �ITHER IN WHOLE, IN PART,
IMPLICITLY OR �XPLICITLY, OR IN ANY OTHCR WAY, AND THE OWNER
SHALL HAV� NO LIABILITY FOR THIS MAT�RIAL.
(b) Except for perinits 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 tl�e Work. It is incun�bent
upo�� the Contractor to identify, establish, and maintain a curre�it schedule of latest dates
for sub�nittal and approval, as required izi Paragraph 3.10, including when such
information or services musfi be delivered. If Owne�• delivers the information or services
to the Contractor as scheduled and Confiractor is not prepared to accept or act on such
information or services, ihen Contractor sliall reimburse Owner for all extra costs
incurred of holding, storage, or retentiozi, including redeliveries by tl�e Owner to comply
wit}i the cu�•rent schedule.
(d) U�lless otherwise provided in the Contract Documents, the Contraetor will be furnished
electronic copies of fihe Drawings and Specif caiions for bid }�u�•poses and one hard copy
approved by Building Inspections upon execution of the Coi�ia•act. Contraetor may obtain
additioiaal copies by paying the cost of addiiional printing or reproduction.
(e) The obligations described above are it� addition to other duties and responsibilities of the
Owmer enumerated in the Contract Docuinexits and especially those in respect to Ai�ticle 6
(Construction by Owner or by Separate Contractors), Article 9(Paymei�ts and
Completion), and Article 11 (Insurance and Bonds).
(� The Owner shall forward all instructions to the Contractor tlaxough the
Architeci/�ngineer, except for the Owner's Notice to Proceed and the Owner's decisioxi
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 performa�ice of
the Architect/Engineer's duties and to verify the Contractor's record of the number of
workmen employed on the Work, iheir occupational classif cation, the time each is
engaged in the Work, the equipment used in the perfonnance of the Work, and for
purpose of vei•if cation of Contractor's Applications for Payment.
2.3 OWNER'S RIGHT TO STOP TH� WORK
If the Contractor fails to correct any portion of tlie Work which is not in accordance with the
requirements of the Contract Docun�ents as required by Paragraph 12.2 or refuses or fails to
cairy 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 oithe 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 additio�� to, and not in restriction of, the Owner's rights under
Paragraph 12.2.
2.4 OWN�R'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 (l4) 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 waiviaag any other
contractual, legal, or equitable reinedies the Owner has, including but not limited to the
Owner's terminatio�i rights undez• Article 13. In that case, an appropx•iate Change Order will
be issued deducting the Owner's cost of correction, including Architect/�ngineer's
compensation for additional services and expenses made necessary by the failure o�• refusal
of the Co�itractor from payinents then or thereafter due to the Contracfior. 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 suff cient to cover the cosfi of correction, tlie
Conti•actor shall pay the difference to the Owner.
2.5 NOTIC� TO PROC��ll
After fnal execution of the Contract and receipt and approval of tlae required pe��fo�•rr�ance
and payment bonds and evidence of a•equired insurance, the Owner will issue a written notice
to proceed with the Work, including ihe designated Coniract Time within which Substantial
Completioii of tl�e Work must be acl�ieved. 1f the Owner unreasonably delays issuance of a
written notice to proceed through no i'ault of the Coi�i�•actor, the Contracior shall be entitled
only to an equiiable adjustnient of the Contract Time, if properly clain�ed pursuant to the
requirements of Paragraph 4.3; but t11e Contractor shall not be entitled to any increase to the
Cox7tract Sun� whatsoever %r this reason.
ARTiCL� 3 THE CONTRACTOR
3.1 D�FINITION OF CONTRACTOR
The Contracto�• is the person or business entity idci�ti�ed as sucl� in the Building
Construction Services Agreement, and is referred to througl�out the Contract Documents as if
singular in number. The tertn "Contractor" means the Contractor or the Contractor's
authorized employees or representatives.
3.2 R�VIEW OF CONTRACT DOCUMENTS AND FIELD CONDITTONS BY
CONTRACTOR
(a) Tl�e Contractor shall carefully check, study, and compare the Co�ltract Documents wiih
each other and shall at once report to the Architect/�ngineer i�� writing any inconsistency,
ambiguity, eiror, oniission, conflict, or discrepancy the Contractor tnay discover. The
Coniractor shall also verify all diinensions, field ineasurements, and field conditions
before laying out the Work. The Contractor will be held responsible for any subsequent
error, omission, coiaflict, or discrepancy wl�ich 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, ainbiguiiy, error, omission, conilict, or
discrepancy exists without obtaining sucli clarification or resolution or commences an
item of the Work without giving writteii 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 i�itended to execute the more
stringent, higher quality, or state of tl�e art requirement, or accepted the condition as is in
the Contract Documents, without any inerease io the Contract Sum or Contract Time. The
Contractor shall also be responsible to correct any failure of component parts io
coordinate oi• fit properly i�ito f nal position as a result of Contractor's failure to give
notice of and obtai�l a clarification or resolution of any en•or, omission, conflict, or
discrepancy, without any right to any increase to the Contract Sum or Contract Time.
(b) The Contractor shall perform the Work i�� accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
(a) The Cont�•actor shall supervise and direct ilie Work, using the Contractor's best skill and
attention. Tl�e Coi�tractor shall be solely responsible for and have control ove��
constructioa� zneans, methods, tech��iques, sequences, and procedures and for coordizaating
all portio�ls of the Work, unless the Contraci Documents set forth specif c instx�uctions
concerning these maiters.
(b) Tlie Contractor shall be responsible to tl�e Owner for ihe acts and omissions of th,e
Contractor's einployees, Subcontractors, Sub-subcontractors, and their respective a�ents
and ez��ployees, and any other persons performing portions of ihe Work under a
subcontract wiil� the Co�atractor or with any Subcontractor, and all other persons or
entities for which the Contractor is legally responsible. All labor shall be performed by
n�echanics that are trained and skilled in their respective trades. Standards of work
��egui��ed tl�rouglaout slaall be of a quality that will bring only firsi class results. Mechanics
whose work is ua�satisfacto��y, or who are considered careless, incoanpetent, 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, caz�eless, or objectionable personnel sk►all
be iinmediately corrected by the Contractor.
(c) The Contractor sl�all not be relieved of its obligation to perform the Work ii� accordance
with the Contract Documents either by activities or duties of the Architectl�ngineer 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 deterinine that such portions are in proper condition to receive
subsequent Work. The Coniractor's responsibility under iliis paragraph will not in any
way eliminate the Archiiect/Engineer's responsibility to the Owner under the
Architeci/Engineei•/Owner Agreement.
(e) Any Contractor, Subcontractor, Sub-subcontractor, or separate contractor who
commences Work over, in, or under any su�•face prepared by the Owner or by any other
contractor, subcontractor, sub-subcontractor or separate contractor wiihout the Contractor
having given written notice to the Architect/Engineer of the existence of any faulty
surface or condition in the surface that prevetZts achieving ihe 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 coinmenceinent of such Work. Any
unsatisfactory Work subsequenily resulting fi�om such a faulty surface or condition in tlie
surface that was not pre-approved by the Architect/Engineer ot• il�e Owner after notice as
provided above may be rejected and replacement required, without any increase io the
Contract Sum or Contract Time.
( fl All grades, lines, levels, and benchmarks shall be established and maantained on an
ongoing basis by the Contracior. The Cotltractor is solely responsible for any en•ors made
in establishing or maii�taia�ing pi•oper grades, lines, levels, or benclunarks. Each
Contractor for his owa� Work sllall verify all grades, lines, ]evels, and dimensions as
ia�dicated on Drawit�gs. He shall report any errors, omissions, conflicts, or incoxlsistencies
to Architect/�ngineer before commencing any Work affected by these conditiozis.
Contractor shall establish and safeguard benchmarks in at least two widely separated
places aiad, as Work pro�resses, establish be��cl�ai�arks at each level and lay out partitions
on rough floor in exact locatioaas as guides io all trades. The Co�atractor shall, fi•om the
permanent benclimark provided by tlie Owner, establisl� a�id maintain adeyuate horizonial
and vertical control.
3.4 LABOR AND MAT�RIALS
(a) Except as is otherwise specifically provided in the Coi�iract Docum.ents as being the
responsibility of the Owner, the Contractor shall provide and pay for labor, materials,
equipnnent, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for proper execution and
completion of the Work, wheiher temporary or permanent and wheiher or not
ineoiporated or to be incorporated in the Work.
(b) Tl�e Coxitractor shall enforce strict discipline and good order among the Contractor's
einployees and other persons car�•ying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to thetn.
(c) The Contractor shall give preference, whe�a 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 f de residents of the City of Denton, Texas;
(2) to bona fide residents of tlie County of Denton, Texas;
(3) to bona f de residents of the State of Texas;
(4) to bona fide residents of the United States.
3.5 WARRANTY
(a) General Warranty. The Contractor warrazits to the Owner that all Woz•k shall be
accomplished in a good and workmanlike manner and that all materials and equipnnent
furnished under the Conti•act will be of good quality, new (unless otlaerwise specif ed),
and free from faulis or defects, and that the Wo�•k will otherwise conform to the Contract
Documents. Work not conforining to these requi�'ements, includin� substitutions not
properly approved and authorized, will be conside��ed defective or nonconforming. The
Contractor's warranty excludes any remedy for dan�age or defect caused by abuse,
modifications not eaecuted by tl�e Contractor, improper or insuf�cient maintenance,
improper operation, or no�•n�al wear and tear under normal usage. If required by the
Architeci/�n�ineer, tl�e Cont�•actor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. The commence�nent date, duration, a��d otl�er
conditions related to tlae scope of this general warranty are esiablished in Subparagraphs
9.9 (a) and 12.2(b) of these General Conditio�is. TH� G�N�RAL WARRANTY
PROVIDED IN THIS SUBPARAGRAPH IS IN ADDITION TO AND DO�S NOT
LIMIT OR DISCL/�IM ANY OTHLR WARRANTY OR R�MEDY IZ�QUIRED OR
PROVIDED BY LAW OR TH� CONTRA.CT DOCUM�NTS AND SUCH
WARRANTY SHALL REQUIR� THL CONTRACTOR TO RCPLACC D�FECTIV�
MATERIALS AND RE-EX�CUTE DEPECTIVE WORK THAT IS DISCLOSED BY
TH� OWN�R TO THE CONTRACTOR WITHIN A P�RIOD OF ONC (1) YEAR
AFTER SUBSTANTIAL COMPL�TION OP TH� �NTIRE WORK OR, IF A LATENT
D�F�CT, WITHIN ONE (1) YEAR AI�T�R DISCOVERY IIY THE OWN�R OF THE
LAT�NT DEF�CT.
(b) Special Wan•anties. The Contraetor sliall assign to tl�e Owner in writin�, as a condiiion
precedent to f nal payment, tlie terms and conditions of al) special warranties required
under the Contract Documents.
3.6 TAXCS
The Owner qualifies for exemption fron� 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
otlierwise be payable in conneciion with the pu��chase of tangible personal propeiKy furnished
and incorporated into the real property being iinproved under the Contracl Documents or the
purchase of materials, supplies and other tangible personal property, other than machzaiery or
equipxnent and its accessories and repair and replacement parts, necessary and esse�itial 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 P�RMITS, F�ES 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 perniits, and will not be required to pay a fee for any City of
Denton perinits required for the Project. The Owner will pay all service extension
chac•ges, 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
performaiice of the Work.
(c) Except as provided in Subparagraph (d) below, it is �iot 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 porlions of the Contract Documents are at variance with applicable laws,
ordinances, construction codes, i•ules or regulations, the Contractor shall p��oinptly notify
the Architect/�ngineer and the Owner in writing, and necessary changes shall be
accomplished by appropriate Amei�dnnent.
(d) If the Contractor performs Work ki�owing it to be contrary to laws, ordinances,
constructioai codes, or rules and regulations without notifyiilg the Architect/�i�gineer and
the Owner, the Cont�•actor shall assuu�e fiill responsibility for the Work and shall bear the
attributable costs of the cori-ection of the Work and any other Work in place that may be
adversely affected by the corrective work.
3.8 ALLOWANCES
(a) Tl�e Contractor shall include in the Contract Su�n all allowances staied i�� the Contract
Documents. Iteins covered by allowanccs shall be supplied for the an�ounts ide�itified in
ihe Contract and by peisons or entities as the Owner may di�•ect, but the Coniractor shall
not be required to employ persons or entities against which the Contractor makes
reasonable objection.
(b) Unless otlie�wise provided in tl�e Contract Documents:
(1) materials and equipment under an allowance shall be selected promptly by the Owner
to avoid delay in the Work;
(2) tlle amount of each allowance shall cover ihe cost to the Contractor of materials and
equipment delivered at the site less all exempted taxes and applicable trade discounts;
(3) the amouni of each allowance includes the Contractor's costs for unloading and
handling at the site, labor, installation costs, overhead, profit, and other expenses
coi�templated for stated allowa�ice Work;
(4) whenevei• costs are more than or less t]Zan allowances, the Contract Sun� shall be
adjusted accordingly by Change Order. Tlle amount of the Change O�•der shall reflect:
(i) the difference between actual costs and tl�.e allowances under Clause (b) (2); and
(ii) clianges in Contractor's costs under Clause (b) (3);
(S) t11e Owner retains the right to review and approve Subcontractors selected by the
Contractor to perform work activities covered by allowances.
3.9 SUPERINT�ND�NT
The Contractor shall employ a competent superintendent and necessary assistants who shal]
be in attendance at the Project site during performance of the Work. The superintendent shall
represent the Conta•actor, and con�n�unications given to the superinte�ident sl�all be as binding
as if given to the Contractor. ImporCant coanmunications shall be coi�fir�i�ed in writing. Other
communications shall be similarly confirmed ox� written request in each case. The Owner
reserves the right to request that ihe Contractor xeplace its superintendent at any tiine and the
Contracior will replace said superintendent at the Ow�ier's direction.
3.10 CONTRA.CTOR'S CONSTRUCTION SCH�DUL�S
(a) The Contractor shall, immediately after award of the Contract and before submittal of the
f rst Application for Payment, prepare a��.d subinit the construction schedule for the
Architect/��agi�ieer's and Owner's inforn�ation, review, and approval in accordance with
the following provisions:
(1) Unless otherwise approved in writing by the Owtier, the construction schedule slaall
not exceed the Contract Time limits currently in effect under Ylie Contract Documents
a�ad sl�all provide for expeditious and praciicable execution of the Work.
(2) The construction schedule sliall include all shop drawing and submittal data
requirements, indicatin� for each:
(i) the latest date to be submitted by the Contracior; and
(ii) ihe latest date for approval by the ArchitecVEngineer.
(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 "projeci
network") wliicl� requzres completion prior to commencement of the task next
following (the "successor"). �ach task shall be identified with:
(i) actual work time, exclusive of slack time, for accomplishment;
(ii) the latesl start date;
(iii) the latest f nish 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 coinpletion as of the date of the current schedule.
(4) Tl�e construction schedule shall be revised and updated monthly to reflect the actual
status of the Work and shall be submitted with each Application for T'ayment.
(5) On or before tl�e frst day of each month, following the date of commenceine��t of the
Work as stated in the notice to proceed, tl�e Contractor shall prepare and subi��it to ihe
Architect/�zigineer 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 coinpletion of tl�e
entire Work. The original construction schedule shall be updated or changed to
indicate any adjustnnents to the Contract Time granted by the Owner. The updated
schedule must be subinitted with the Co�ltractor's Application for Payment. No
application will be certified without a satisfactory update to the construction schedule.
(6) The construction scliedule will also be ��evised to show tl�e effect of change orders and
other events on Contract Time. No request for an inerease in Contract Time will be
considered unless it is acco�npanied by a schedule revision demoz�strating the amount
of time related to the cause of the request. If the Contractor's status schedules refleet
that the Contractor has fallen behind the pace required to complete the Work within
the Contract Tin�e, tl�vrough no fault of the Owner, ihe Co�rtractor shall prepare a
recovery schedule demonstrating how it intends to brii�g its progress back witl�in tl�e
Contract Time. This recovery schedule shall be in a form acceptable to the Owner.
(7) Costs incurred by the Contractor in preparing a��d maintaining the required
construction sclaedule, any updated schedule, and any recovery schedule required by
the Ow�ler will not be paid as an additional or extra cost a�id shall be included in the
Contract Sum.
(8) The Contract Sun� is deemed to be based upon a construciion schedule requiring the
full Contract Time. NO CLAIM F'OR ADDITIONAL COMP�NSATION SHALL
BC ALLOW�D AS A RESULT OF TH� CONTRACTOR BASING HTS BID ON
AN �ARLY COMPLETION SCHEDULE, OR AS A R�SULT OF DELAYS AND
COSTS ATTRIBUTABL� TO COMPLETION LAT�R THAN THE PLANNED
�ARLY COMPL�TION DATE.
(b) The Contractor shall also prepare and keep current, for the Architect/Ei�gineer's
approval, a scliedule of submittals which is coordinated with the Contractor's
construction schedule and allows the ArchitecUEngineer reasonable time to
review subrnitfials.
(c) T11e Contractor shall conform to the most recent schedules approved as to fo�•tn by
the Architect/�ngineer and tl�e 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 tlie 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 plani, and
to submit for approval revised schedules in the form required above in order to
deznonstrate the ina�uaer in whicl� tl�e agreed rate of progress will be regained, all
without additional cost to the Owner.
3.11 DOCUMCNTS AND SAMPLES AT TI�� PROJ�CT SITE
The Contractor sl�all maintain at the Project site for the Owner one record copy of the
Drawings, Speci�eations, addenda, and Amendments in good order and marked currently io
i•ecord changes and selections made during construction, and in addition sl�all maintain at
the Project site approved Shop Drawings, Product Data, Samples, and similar reqtiired
submittals. These shall be available to the Architect/Engiiieer and shall be delivered to tl�e
Architect/�ngineer for submittal to the Owner upon completion of the Work.
3.12 SHOP DItAWINGS, PRODUCT DATA AND SAMPL�S
(a) Sl�op Drawings are drawiiags, dia�x�ams, schedules, and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer,
supplier, or distributor io illustrate some portion of the Work.
(b) Product Data are illustrations, standaz•d schedules, performance charts, instructio�is,
brochures, diagrams, and other informaiio�l furnislled by the Contractor to illustrate
mate��ials or equipzne�at for soa�ie portion of the Work.
(c) Saniples are pl7ysical examples which illustrate materials, equip�nent, or workmanship
and establish standards by which the Work will be jud�ed.
(d) Shop Drawings, P��oduct Data, Samples, and similar submittals are not Contract
Docun�ents. The pu�pose of tl�eir submittal is to demoi�strate for those portions of the
Work for which submittals are required the way tlie Contractor proposes to confonn to
the information given and tlie design concept expressed in the Contract Documents.
Review by the ArchitecUE�igineer is subject to the limitations of Paragraph 4.2.
(e) The Coniractor shall review, approve and subai�it to the Architect/Engineer Shop
Drawings, Product Data, Samples, and similar submittals required by the Contract
Documents with i•easonable prompiness and in such sequence as to cause no delay in the
Work or in the activities of the Owner or of separate co�ltractors. Submittals made by the
Contractor which are not �•equired by the Contract Documents may be returned without
action.
(� Tl�e Contractor shall per%rm 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 identif ed exceptions
noted by the Architect/Engineer.
(g) By approving and submitting Shop Drawings, P�•oduct 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 infonnation contained within submitials witli the
requirements of the Work and of the Contract Documents. The Contractor's attention is
directed to Paragraph 3.2 of ihese Gei�eral Conditions and the requirements stated ii� ihat
Paragraph,
(h) The Contractor slaall not be relieved of responsibility for deviations, substitutions,
cllanges, additio��s, deletions or otnissions frotn reyui��ements 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, ehanges, additions, deletions, omissions, or deviations
involved in the submittal at the time of submittal and tlie Archiiect/Engineer, subject to a
formal Change Order signed by the Owner, Architect/�ngineer and Contracior, has �iven
written approval to the specific substitutions, changes, additions, deletions, omissioais, or
deviations. The Contractor shall not be relieved of responsibility for errors or omissions
in Shop Drawings, Product Data, Samples, or similar submittals by il�e
Architect/�ngineer's approval thereof Further, notwithstanding ai�y approval of a
submitlal by the Archiiect/Engineer, the Contractor shall be respoaisible for all associated
Project costs, including costs of coordi�lation's, modifications, or impacts, direct or
indirect, resulting from any and all substitutions, cllanges, additions, deletions, omissions,
or deviations, whether or not specifically identif ed by the Cont��actor to the
Architect/�ngineer at the time of ihe above-mentioned sub�nittals, including additioi�al
consulting fees, if any, in any and all accon�modations assocaated with such substitutioi�s,
changes, additions, deletions, oinissions, or deviations to the requiremei�ts of the Contract
Documea�ts.
(i) The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Produet Data, Saanples, or similar subanitials, to additio��al revisions other than
those requested by the Archiiect/�ngineer oxi previous submittals. In t}ie absence of such
written notice, the Ax•chitect/I�'ngineer's approval of a resubmission shall not apply to the
additional revisions not requested.
(j) Informational submittals upon whicl� the Architect/Engineer is not expected to take
responsive action may be so ideniifed in ihe Contract Documents.
(k) Vdhen professional certification of perfor�nance criteria of materials, systems, or
equipment is required by the Contract Documenfis, 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 confit�e operations at the Project siie to areas permitted by law,
ordinances, permits, and the Cozltract Documents and sliall not unreasonably encumber the
Project site with materials or equipment.
3.14 CUTTING AND PATCHING
(a) The Contractor shall be responsible for cutting, iitting or patcl�ing required to complete
the Wo�•k or to make its paris f t togethea- properly.
(b) The Contractor shall not damage or endanger a portion of the Work or any fully or
partzally coinpleted construction of ihe Owner or separate contractors by cutting,
patchin�, or otherwise altering the construction, or by excavating. The Contractor shall
not cut or otherwise alter the construction by the Ow�ier or a separate contractor except
with the written consent of the Owner a�id of the separate coni�•actor; consent shall not
be unreasonably withheld. The Contractor shall not urueasonably withhold from the
Ov�mer or a separate contractor the Contz•actor's consei�t to cutting or otherwise altering
the Work.
(c) A Hot Work Permit must be obtained from the City of Denton's racilities Management
Department, 869 S. Woodrow Lane, Denton, Texas (940 349-7200) for any temporary
operation involving open flames or producing heat and/or sparks. Tl�,is includes, but is
z�ot limited to: Brazing, Cutting, Grinding, Soldering, Torch Applied Roofing and
Welding.
3.15 CL�ANING UP
(a) Tl�e Contractor shall keep the Project site and surrounding area fi•ee froni accumulatio».
of waste materials or rubbish caused by operations under the Contract. Upon the
completion of the Work tl�e Contractor shall remove fronn and about tlie Project site all
waste materials, and rubbish, and all of the Contractor's tools, const�•uction equipi�ient,
machinery, and surplus materials.
(b) If the Contractor fails to clean up as provided in the Contract Documents, the Owner
may clean up and tlle Owner's cost of cleaning up shall be cl�arged to the Coniractor.
3.16 ACC�SS TO WORK
The Contractor shall provide the Owner and the Architect/Cn�i��eer access to the Work in
preparation and progress whe�•ever located during ihe course of construction.
3.17 T�STS AND INSPECTIONS
(a) Tests, inspections, and approvals of portions of the Work required by the Contract
Documents or by laws, ardinances, rules, regulations, or orders of governmental entities
or agencies having jurisdiction over the Work shall be made at appropriate tiines. Unless
otl�erwise 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 a�ency, and the Coxitractor shall bear all
related costs of tests, inspections, and approvals. The Contcactor shall give the
Architect/Engineer timely notice of when atld where tests and inspections are to be made
so the Architect/Engineer may observe sucl� procedures. The Owi�er shall bear costs of
tests, inspections, or approvals wliich become requirements after bids or proposals are
received.
(b) If the Architeci/Engineer, the Owner or other public authorities having jurisdiction over
the Work determine that portions of tl�e Work require additional testing, inspection or
approval not included under Subparagraph 3.17(a), the Architect/Engineer will, upon
wr•itten authorization from the Owne�•, instruct the Contractor to make arrangements for
such additional testing, inspection or approval by an entity acceptable to the Owner, and
tlle Contractor shall give timely notice to the Architect/Engineer of when and where tests
and inspections are to be made so that the Architect/�ngineer may obseive such
procedures. The Owner shall bear sucli 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 tl�e Work, the Contractor shall bear all
costs made i�ecessary to correct the deficiencies or nonconformities, including those of
repeated procedures ai�d compensation for the Architect/Cngineer's services and
expenses, if any. The Coi�tractor shall bear the costs of any subsequent testing,
inspection, or approval of the cor�•ected Work.
(d) Required certificates of testing, inspection or approval shall, unless otherwise required by
the Contract Documents, be secured by the Contractor and prompfily delivered to the
Arcliitect/�ngineer.
(e) If the Architect/�ngineer is to observe tests, inspections o�- approvals �•equired by the
Conti•act Documents, the Architect/�ngineer will do so promptly and, where practicable,
at the normal place of tesiing or ixispectio�i.
(� Tests or inspections conducied pursuant to the Contract Documents shall be made
px•omptly to avoid uru�easonable delay in ihe Work.
3.18 ROYALTII:S AND PATENTS
The Contractor shall pay all royalties and licea�se fees. CONTRACTOR SHALL
COMPL�TELY DEPEND, IND�MNIFY AND HOLD OWNER AND
ARCHITECT/ENGINE�R HARML�SS FROM ANY AND ALL SUITS OR CLAIMS
FOR INPRINGEM�NT OF PATENT RIGHTS, R�GARDLESS OF WH�THER OR NOT
THC OWN�R OR THE ARCHIT�CT/�NGINEER SPECIFIED A PARTICULAR
D�SIGN, PROCESS OR PRODUCT IN THE CONTRACT DOCUMENTS THAT MAY
BE TH� SUBJECT OI' A PATENT 1NPRING�MENT OR OTHERWISE ACTIV�LY
INDUCrD OR CONTRIBUT�D TO THE INFRINGEM�NT. In the event tl�e Coniractor
has reason io believe ihat a particular desig�i, pxocess oi• product specified infringes a
patent, the Contractor shall immediately notify the Owner and the Arcllitect/Engineer of
same.
3.19 IND�MNIFICATION
(a) THE CONTRACTOR AGR�ES TO DEFEND, INDEMNIFY AND HOLD THE
OWNER, ITS OFFIC�RS, AG�NTS AND EMPLOYE�S, AND TH�
ARCHIT�CT/ENGIN��R, HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND �XPENSES FOR
P�RSONAL INJURY (INCLUDING D�ATH), PROPERTY DAMAG� OR OTH�R
HARM OR VIOLATIONS FOR WHICH RECOVERY OF' DAMAGES, FINES, OR
PENALTIES IS SOUGHT, SUFFER�D BY ANY PERSON OR P�RSONS, THAT
MAY ARISE OUT OF OR BE OCCASTONED BY CONTRACTOR'S BREACH OI�
ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OP
LAW, OR BY ANY NEGLIG�NT, GROSSLY N�GLIGENT, INTENTIONAL, OR
STRICTLY LIABLE ACT OR OMISSION OF THE CONTRACTOR, ITS OPPICERS,
AG�NTS, LMPLOY�ES, SUBCONTRACTORS, OR SUB-SUBCONTRACTORS
AND THEIR RESPECTIVE OFFIC�RS, AGENTS, OR REPR�SCNTATIVES, OR
ANY OTI-��R PERSONS OR ENTITICS FOR WHICH TH� CONTRACTOR IS
LEGALLY ItESPONSIBLE IN TH� PERFORMANCE OF THIS CONTRACT;
EXCEPT THAT THE IND�MNITY PROVID�D FOR TN THIS PARAGRAPH SHALL
NOT APPLY 'TO ANY LIABILITY R�SULTING FROM TH� SOLE NEGLIG�NCE
OR FAULT OF THE OWNER, ITS OFFIC�RS, AGENTS, EMPLOYEES OR
S�PARAT� CONTRACTORS, OR Or THE ARCHIT�CT/ENGINEER, AND IN TH�
EV�NT OI' JOTNT AND CONCURR�NT N�GLIG�NCE OR PAULT OF THE
CONTRACTOR, THE O WNER, AND TH� ARCHIT�CT/ENGINE�R,
R�SPONSIBTLITY AND TNDEMNITY, IP ANY, SHALL BE APPORTION�D IN
ACCORDANC� WITH TH� LAW OF TH� STA1'� OP T�XAS, WITHOUT,
HOWFV�R, WAIVING ANY GOVCRNMENTAL IMMUNITY AVAILABL� TO
TH� OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEF�NS�S
OF TH� PARTI�S UND�R TEXAS LAW. TH� PROVISIONS OF THIS
PARAGRAPH ARE SOLELY POR THE BEN�PIT OF' THE PARTIES H�R�TO AND
AR� NOT INT�NDCD TO CR�ATE OR GRANT ANY RIGHTS, CONTRACTUAL
OR 07'H�RWIS�, TO ANY OTi�ER P�RSON 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 ai�yone for whose acts ihey �nay be liable, the indemnification obligation under
tliis 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 benef t acts or other e�nployee benefit acts.
(c) Indemnification under this Paragraph 3.19 shall include, but is not limited to, liability
wllich eould z•esult to or be created for the Owner, its off cers, agents, or employees, or
the Architect/�ngineer pursuant to State or Federal laws or regulations relating to
pollution of the enviromnent and State or Federal laws or regulations relating to the
occupational safety and health of workers. T'he Contractor specifically agrees to comply
with the above-meniioned laws and regulations in the performance of the Work by the
Contractor and thai 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 Co�itz•acto�•.
ARTICLE 4 CONTRACT ADMINISTRATION
4.1 THE DESIGN PROFESSIONAL (ARCHITECT/�NGIN�ER)
(a) The design professional is the person lawfully licei�sed to practice architecture or
engineering or a firm or other business entity lawfully practicing architecture/enginee�•ing
identi�ed as such in the formal Building Construction Seivices Agreement and is refet•red
to throughout the Contract Documents as if singular in number. Tl�e term
"Architect/Engineer" means the Architect/Enginee�- or tl�e Architect/Engineer's
authorized representative. The Owner may, at its option, designate a qualified Ovv�aer
representative to serve as the Architect/�ngineer on the Project instead of an outside frm
or person. In such event, the references in these General Conditio�ls that refer to the
ArchitectJEngineer shall apply to the Owner-designated Architect/Engineer
representative aa�d tlae Owiaer-designated Architect/�ngineer representative shall be
accorded that sanle status by the Contractor.
(b) In the event the Architect/Engineer is an outside person or f rn�. and the
Arcl�itect/Engineer's employment is terzninated, the Owner may, at its option, coniract
with a new outside Architect/�ngineer to replace the former, or may designaie a quali�ed
Owner �•epresex�tative to serve as the Architect/�ngineer. The replacemeiit
Architect/Engineer, wl�ether an Own�a• representative, an independent Architect/�n�ineer
or a�iy otl�er qualif ed pez•son or eniiiy, sliall be regarded as the Architect/�ngineer for all
purposes under the Contract Docut�le��ts and shall be accorded that sanie staius by the
Contractor. Any dispute in connectioi� with such appointi��e��t shall be reviewed and
settled by ihe Owner, whose decision sl�all be f nal and bindin�.
(c) Owner reserves the right to appoii�t a representative empowered to act for ihe Owner
du��iti� tlie Constructio�a Phase and to supersede the Architect/Engineer's Coiastruction
Phase responsibiliiy. Owner shall notify tlie Architect/Engi�ieer and Contractor in writing
at least 10 days i�i advance, if electing to appoint a�-epresentative en�powered to act for
the Owner during tlle Consiruction Phase. Similarly, from time to tin�e the Owner may
expand oi• reduce the Owner's delegation of powers to the Architect/Engineer, with the
Owner notifying the Contractor of any such changes. The Architect/�n�ineer shall not be
construed as a third pariy benef ciary to ihe Contract and can in no way object to any
expansion or reduction of powers as set forth in ihis Subparagraph (c). In no event,
however, shall the Owner have control over charge of, or be responsible for, construction
means, n�ethods, techniques, sequences, or procedures, or for safety precautions or
pro�rams in connection with the Work since these are solely the Contractor's
responsibility. Tlie Owi�er will not be responsible for the Contractor's failure to carry out
the Work in accordance with the Coniract Documents. The Owner will not have control
over or charge of and will �lot be responsible for acts or omissions of Contractor,
Subcontractors, or tlleir agents or e�nployees, or of any other persons perforn�in�; portions
of the Work.
4.2 ARCHIT�CT/ENGINEER'S RESPONSIBILITICS DURING CONSTRUCTION
(a) The Arcl�itect/�ngineer will administer the Contract as described in ilie Contract
Docun�ents a��d 'an accorda�ace witl� the terms of the Architect/Engineer's agreeinent with
the Owner, where applicable, subject to the direction and approval of the Owner. If
requested by tl�e Contractor, the provisions of the Owner/Architect/Enginee�� Agreement
will be made available to the Contractor.
(b) Tlle 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 wiih the progress and quality
of the Work, and io determine if the Work is proceeding in accordance wifih the Contract
Documents. The ArchitecUEn�ineer shall z�►ot, however, be reyuired to i�aake continuous
on-site inspections to check the Work. Field reports of each visit shall be prepared by the
Architect/�ngineer and submitted to the Owtier. The Architect/�ngineer shall einplo}� all
reasonable measures to safe�uard ihe Owner against defects and nonconformities in the
Work. The Architect/�ngineer shall not be responsible for the construciion means,
methods, techniques, sequences of procedures, nor for the safeiy precautions and
programs exnployed in connection with the Work. The Architect/�ngii�eer will, however,
immediately inform the Owner whenever defects o�• nonconformities in tl�e Work are
observed, or when any observed actions or oinissions are undertaken by ihe Contractor or
any Subcontractor which are not in the best interests of the Owner oi• the Project.
(c) 1'he Architect/Engineer and fihe Owner ���ill not have control over or charge of and t�vill
aiot be responsible for consta•uciion means, methods, tech�aiques, sequences, or
procedures, or for safety preeautions and programs in coni�ection with tlie Work, since
tliese are solely ihe Coniractor's responsibility as provided in Paragraph 4.3. The
Arcllitect/Engineer and tlle Owner will not be responsible for tl�e Contractor's failure to
carry oirt the Work in accordance with the Co�itract Documents. The Architect/�ngineer
and the Owner will not have control over or charge of and will not be responsible for acts
or omissions of tl�e Conti•actor, Subcontractors, Sub-subcontractors, or tlaeir respective
agents or employees, or of any other persons performing porlio��s of the Work for which
the Contractor is responsible.
(d) Except as oiherwise provided in ihe Contract Docunnents or when direct communications
have been specially authorized, ihe Owner and Contractor shall ex�deavor to communicate
through ihe Archiiect/�ngineer. Con�munications by and with the Architect/Engineer's
consultants shall be through the Architect/�ngineer. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communicatio�is
by and with separate contractors will be through the Owner. The Contractor shall provide
written cozifirmation of communications made directly with the Owner and provide
copies of such confirmation to the Architect/Engineer.
(e) Based on tbe Architect/�ngineer's observations and evaluations of the Contracto�''s
Applications for Payment, the ArchitecUCngineer will review and certify the amounts due
the Contractor and will issue Ce�-tificates for Payment in such amounts.
(� The Architect/�ngineer and the Owner will each have authority to reject Work which
does not confoi7n to the Contract Documents. Whenever the Architect/�ngineer considers
it necessary or advisable for implementation of the intent of the Contract Documents, ihe
Architect/�ngineei• will have authoriiy to require additional inspection or testing of the
Work in accordance with Subparagraphs 3.17(b) a�ld 3.17(c), whether or not such Work
is fabricated, installed or completed. However, neither this authority of the
Architect/Engineer xaor a decision made in good faith eiiher to exercise or not to exercise
such authority shall give rise to any duty or responsibility of the Architect/Engineer to tlle
Contractor, Subcontractors, material and equipment suppliers, their agents or employees,
or other persons perforn�i�lg portions of the Work.
(g) The Architect/En�iaaeer will review and approve or take otl�er appropriate action upon the
Contractor's submittals sucl� as Shop Drawings, Product Data, and Samples, but only for
the liniited purpose of checkii�g for conformance with inforination given and the design
cox�cept expressed in the Cont��act Documents. The Architect/Engineer's action will be
taken with such reasonable promptness as to ��.ot 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 other details such as
dimensions and quaxltities, or for substantiating instructions for installation or
performance of equipmeni o�� systems, all of which remain the responsibility of tl�e
Conti•actor as required by tl�e Contract Documents. The Architect/�ngineer's review of
the Contracto��'s submittals shall not relieve the Contractor of a»y obligations ui�der
Para�i•aplas 3.3, 3.5, and 3.12. Tlie At•chitect/Engineei•'s review shall not constitute
approval of safety precautions or, unless otherwise specifically siated in writin�; by the
Architect/Engineer, of any construction ineans, n�ethods, techniques, scquences, or
procedures. The Architect/�ngineer's approval of a specif c item shall not indicate
approval of an assembly of wl�icll the ite�n is a component.
(h) The Architect/�ngii�eer will prepare Chan�;e Ordex-s and may authorize aninor chai�ges in
the Work as provided in Paragraph 7.3.
(i) The Architect/Engineer will conduct inspections to determine the date or daies of
Substantial Completion and tlie date of final completion, will receive and for��vard to tlle
Ov�nler 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 upoil compliance with the requirements of the Contract
Documents.
(j) If the Owner and Architect/Engineer agree, the Architect/Cngineer will provide one or
more Project representatives to assist in carrying out the Architect/�ngineer's
responsibilities at the site. The duiies, responsibilities, and limitations of authority of such
Project representatives shall be as set forth in an exhibit to be incorporated into the
Cont�•act Documents.
(k) The Architect/Engineer will interpret and make recomrr►endations to the Owner
concerning pe��formance under and requirements of the Contract Documents upon written
request of either tlae Owner or Contractor. The Architect/�ngineer's response to such
requests will be made with reasonable pronnptness and within any time limits agreed
upon. The Architect/Engineer shall secure ihe Owner's written approval before issuing
instructions, interpretations, or judgments to the Conh•acior which chan�e the scope of
the Work or which modify or change the terms and conditions of any of the Contract
Documents.
(1) Interpretations and decisions of the Architect/�ngineer will be consistent with the intent
of and reasonably inferable from ihe Contract Docuinents ai�d will be in writing or in ihe
form of Drawin�s. When makin� such interpretations and decisions, the
Architect/�ngineer will endeavor to secure faithful performance by the Contractor.
(na)The Architect/�ngineer's decisions on tnatters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents provided that the
Architect/Engineer has prior writte�i 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 denland or assertion by one of the parlies to the Contract seeking an
adjustment of the terms of the Contract Documents, of ihe Contract Sum, of the Contract
Tin�e, or some otl�er 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
relatitag to tlie Project or the Contract Documents, ii�.cluding but i�ot limited to claims that
work was outside the scope of the Contract Docun�ents. The responsibilifi�� to substantiate
tlie Claim and the burden of demonstrating compliance with this provision shall rest with
tlae party tnakin� the Claim. �xcepfi whe��e otherwise provided in ihe Co��tract
Documents, a Claim by the Contractor, wheiher for additional compensation, additional
time, or other relief, including but noi linnited to claims arising from concealed
conditions, MUST BC MAD� BY WRITTEN NOTICE TO THE
ARCHITECT/ENGINE�R AND TH� OWN�R WITHIN FOURTE�N (14) DAYS
A1�1'�R OCCURR�NCC OP TH� �VENT OR �VENTS GIVJNG RIS� TO TH�
PARTICULAR CLAIM. �very Claim of the Contractor, whether for additional
compensation, additional time, or other relief, including but not limited to claims arising
fi•om concealed coilditions, shall be signed and sworn to by an authorized corporate
officer (if xiot 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. TH� CONTRACTOR SHALL BE DE�MED TO HAVE WAIVED ANY
CLAIM NOT MADE STRICTLY IN ACCORDANCE WITH THE PROCEDURE AND
TIME LIMITS S�T OUT IN THIS PARAGRAPH.
(b) Referral to the Architect/�ngineer. Clain�.s, 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 Contraci Documents shall be referred io the
Architect/Engineer for recommendation to the Owner, which recommendatio�i the
Architect/�ngineer will furnish in writing within a reasonable time, provided proper and
ad�quate substantiation has been received. Failure of the Contractor to submit the Claim
to the Architect/Engineer for rendering of a recommendation to tlae Owner shall
eonstitute 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
n�ake payments i�a accordance with the Contract Documenis.
(d) Claims for Concealed or Unknown Conditions. No adjustment in the Contract Sunn or
Time associated with concealed or unknown conditions will normally be considered or
allowed; provided, however, that fihe Contract Sum or Time inay be adjusted by the
Owner in such circumstances only if:
(1) a concealed subsurface condition is encoui�tered in the course of performance of tlie
Wo�•k;
(2) a concealed or unknowai condition in an exisiing structure is at variance with
conditions indicated by the Contract Docume��ts; or
(3) an unknown physical condition is encouniered below the surface of the ground or in
an existing structure which is of an unusual nature and materially different from those
ordinarily e�icouxitered and generally recognized as inherent in the character of the
Work; and
(4) a noiice of claim with proper and adequate substantiation is presented pursuant to
SuUparagra��h 4.3(a) of these General Co�lditions; and
(5) the Owner and the Architeci/�ngineer determine ihat:
(i) prior to submittin� its bid for the Work, the Contracto�� used reasonable dili�ence
io fully inspect tlie portion of the Project site where the condition was discovered; and
(ii) the work caused o�� ��equired by tlie concealed or unlalow�i condition at issue can
be considered extra work to t17e extent that additioxlal new Drawings must be prepared
and issued and new construcfiion beyond the scope of the Co�itract Documents is
rcquired.
(e) Disclaimer of Warranties as to Reports, Drawings, and Specifications. PROJECT SITE
INrORMATION AND RBPORTS (1NCLUDING BUT NOT LIMITED TO SOILS
TESTING R�PORTS, GEOT�CHIVICAL R�PORTS, OR �NVIRONMENTAL STTC
ASS�SSMENTS) PROVIDED BY TH� OWN�R AND THE
ARCHITECT/ENGINE�R IN TH� PROJ�CT MANUAL OR BY OTHER M�ANS
SHALL BE UTILIZED BY THE CONTRACTOR AT THE CONTRACTOR'S OWN
RISK. THE OWN�R AND THE ARCHITECT/ENGINEER DO NOT GUAR.ANT�E
OR WARRANT ANY INPORMATION SHOWN 1N TT�E PROJECT SIT�
INFORMATION AND R�PORTS.
(� Claims for Additional Cost. If the Contractor ��ishes to make a clain� for an increase in
the Contract Sum, v�n�itten notice as provided in this Paragraph 4.3 shall be given before
proceeding to execute ihe Work. Prio�• notice is not required for claims relating to an
emergency endangering life or property arising under Paragraph 10.3. In addition, the
Coxitractor's �•equest foa• 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 ihe Owner and fihe Architect/�i�gineer a sufficient amount of time, without
adversely affecting the construction schedule, to review tl�e request, prepare and
distribute such additional documents as may be necessary to obiain suitable estin�ates or
px�oposals and to negotiate, execute and distribute a Chan�e Order for the required work if
tlae Contractor believes ihat additional cost is involved foa• reasons includin� but not
lin�ified to:
(1) a written interpretation from the Architect/�ngineer;
(2) a written order for a ininor change in the Work issued by tlie Architect/Engineer;
(3) failure of payment by the Owner;
(4) termination of the Contraet by fihe Owner;
(5) the Owner's fiemporary suspension of all or any porliox� of the Work where the
Contractor was not at fault; or
(6) other reasonable grounds.
(g) Injury or Dainage to Person or Property. If tlie Contractor suffers injury or damages to
person or propert}� because of an act or on�ission of the Owne�•, or of any of the Owaler's
of�cers, employees or agents, written, sworn-to noiice of any claim for damages or injury
shall be given as provided in Subpara�raph 4.3(a). The notice shall provide suificient
detail to enable ilie Arcliitect/En�ineer and il�e Ow�ier to invesiigate the matter.
(h) Subcontractor Pass-Through Claims. In the eveiat tl�at any Subcontractor of the
Contractor asserts a claim io ihe Contracior that the Contractor seeks to pass through to
the Ovv�ler under the Contract Documents, any entitlement of the Contracior 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 tlu�ee require��lents listed below, all three of wliich additional
requirements shall be conditions precedent to the entitlement of the Contractor to seek
and assert such elaim against the Owner:
(ii) The Contractor shall either (A) have direct legal liability as a matter of contract,
eon�nlon law, or statutory law to the Subcontractor for the claim that the
Subcoa�tracior is asseriing or (B) tlie Contractor shall have entered into a w�•itten
liquidating agreement with the Subcontractor, under which agreement the Coiitractor
has agreed to be legally responszble to the Subcontractor for pursin� the assertion of
such claim against the Owner under the Contract and for paying to the Subcontractor
any amouni that znay be recovered, less Contractor's included markup (subject io 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 ihe extent io which the claim is believed in good faitli to be valid. The
Contractor shall also certify, in writing and under oath to the Owxler, at the time of the
submittal of such claim, that the Contractor has made a review, evaluation, and
determination tliat 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 writi�ig and
under oath ihat it has compiled, reviewed and evaluated the inerits of such claini a�id
that the claim is believed iia 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 s1�a11 constitute a waiver of any
e�ititlement to submit or pursue such claim.
(4) Receipt and review of a claim by the Owner under this Subparagraph shall �lot be
construed as a waiver of any defenses to the clain� available to the Owner under the
Contract Documents or law.
(i) Owner's Right to Order Acceleration and to Deny Claixned a�ad Appropriate Time
Extez�sions, in Whole or it� Part. The Contractor acicnowled�es and agrees that
Substaa�tial Conipletion of the Work by or before the Sclieduled Coinpletaon Date is
of substantial i�nportai�ce 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 tlie right, in the Owner's sole disci•etion, to o�-der tlie
Cox�tractor to develop a reco��ery schedule as described in Para�raph 3.10 0�� to
accelerate its progress in such a manner as to achieve Substantial Coinpletion on
or before the Coniraci Time completion date or such other date as the Owner may
reasonably direct and, upon receipt, the Contractor sliall take all action necessary
to coinply with the order. In such event, ar�y possible right, if any, of the
Contractor to additioi�al compensation for any acceleration shall be subject to the
tei7ns of this Subparagraph (i).
(2) In ihe event that tlle 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 tlae Owner's sole
discretion, to deny all, or any part, of tl�e Claim for extension of Contract Time by
giving written noiice to the Contractor provided wiihin fourleen (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 be%re the then existing Scheduled Coinpletion
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 tl�e need and right to
accelerate, the Contractor ���ay initiate a Claina for acceleration costs pursuant to
Subparagraph 4.3(a). Any resulting Claim for acceleration costs properly initiated
by ihe Contractor under Subparagraph 4.3(a) above shall be limited to those
reasonable and documented dix•ect costs of labor, materials, equipment, ax�d
supervision solely and directly attributable to tlie actual acceleration activiiy
necessary to brin� the Work back witl�in the then existing approved construction
schedule. Tliese direct costs include tl�e premium portion of overtime pay,
addifiional 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 perfornlance and payment bonds and
requi�•ed insurance, not to exceed 5%, will be allowed on the claimed acceleration
costs. NO OTH�R MARKUP FOR PROPIT, OV�RH�AD (INCLUDiNG BUT
NOT LIMITED TO HOMC OPrIC� OV�RH�All) OR ANY OTHCR COSTS
WILL B� ALLOW�D ON ANY ACC�L�RATTON CLAIM. The Owner shall
not be liable for any costs related to an acceleration claim other than tl�ose
dese��ibed in this Clause (i)(3).
(i) Waiver of Clai�ns; I;inal Payment. The making of final payment shall constitute a waiver
of clain�s by the Owner except ihose arising froi��:
(1) claims, security interests, pu�•ported liens, or other attempted encumbrances arising
out of the Contract and reniaining unsettled;
(2) defective or nonconformi�ig Work appearing after Substantial Completion;
(3) latent defects, as defned in Subparagraph 12.2(d), appearing after Final Compleiion;
or
(4) the tex•tns of general and special warranties required by the Contract Documents or
allowed or implied by law.
(k) THE CONTRACTOR SHALL NOT B� �NTITLED TO RECOVER ATTORNEY'S
FEES AS A PART OF' ANY CLAIM MADE UNDER THE CONTRACT
DOCUM�NTS OR IN ANY SUBSEQU�NT LAWSUIT OR ALTERNATIV�
DISPUT� RESOLUTION PROCEEDING.
(1) No Waiver of Governmental Immunity. NOTHING IN THE CONTRACT
DOCUMENTS SHALL BE CONSTRUED TO WAIVE TH� OWNER'S
GOVERNMENTAL 1MMUNITY FROM LAWSUIT, WHICH IMMUNITY IS
EXPRESSLY RETAINED TO THE �XTENT IT TS NOT CLEARLY AND
UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICL� 5 SUBCONTRACTORS
5.1 DEFINITIONS OF SUBCONTRA,CTOR
(a) A Subcontractor is person or entity who has a direct contract with the Contractor to
perforcn a portion of the Work at the Project site or to supply �naterials or equipment to
the Coaltractor by purchase or lease for use in performance of or incorporation into the
Work. The teri�� "Subcont�•actor" is referred to throughout the Contract Documents as if
singulaz• in number ai�d ineai�s a Subconi�•actor or an authorized �epresei�tative of the
Subcontractor. 1'he terin "Subcontracior" does not include a separate contractor or
subcontractors of a separate contractor.
(b) A Sub-subcontractor is a person or eniity who has a daz-ect or indirect contract w�ith a
Subcontractor to perform a portion of the Work at the Pi•oject site or to supply materials
or equipment to ilie Subcontracto�� or another Sub-subcox-►tractor by purchase or lease for
use in performance of or incorporation inio the Work. The ter��l "Sub-subcontractor" is
referred to tliroughout the Contract Documents as if singular in nun�ber ai�d aneans a Sub-
subcontractoa• oi• a�� authorized repi•esentative of tlie Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
TT3� WORK. WITH R�GARDS TO MWBE, THE CITY OF DENTON ONLY
REQUIRE A GOOD FAITH �FFORT, THERE IS NO P�RCENTAG�
REQUIREMENT.
(a) Immediately after the award of the Contract by fihe Owner, and before the Building
Co»struction Services Agreement is signed by the Contractox• and the Owner, the
Contractor shall furnish to the ArchitecUEngineer in wriiing, for acceptance by the
Owner and the Aa•cliitecU�ngineer, a list of the names, addresses, telephone nuinbers,
M/WB� certification numbers (wl�ere applicable), and type of work of the Subcont�•actors
(including those wl�o are to furnish niaterials or equipinenfi fabricated to a special design),
proposed for the principal portaons 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 ihe list as they occur. The Architect/Engineer will promptly reply to the
Contractor in writing stating whether or not the Owner or the ArchitecUEngineer, after
due investigation, has reasonable objection to any such proposed person or entity. Failure
of the Owner or Archiiect/�ngineer to reply promptly shall constitute notice of no
reasonable objection.
(b) The Conh�actor shall not contract with a proposed person or entity to whom the Owner or
Architect/Engineer has made reasonable and tiinely objection.
(e) Architeet/�ngineer's and Ownez•'s approval of or objection to any Subcozitractor or of a
particular process or material will noi relieve the Contractor of his responsibility for
performance of Work as called for under the Contract Documents, and shall not provide a
basis for at�.y claim for additional time or money ot� the part of the Contractor. Approval
shall not be construed io create any contractual relationship between the Subcontractor
and either the Owner or Arcl�itect/�ngine�r. In no event shall the Coniract 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/�ngineer makes reasoi�able objection to such cha�age.
5.3 SUBCONTRACTUAL RELATIONS
(a) By appropriate agreei�zea�t, w�•itten where legally rcquired %r validity, the Contractor
shall require each Subconiractor, to the extent of the Work to be perforined by the
Subcontracto�•, to be bound to ihe Contractor by the te�•ans of the Contract Documents
(including but not limited to these General Conditions), and to assume toward ilie
Contractor all the obligations and responsibilities which the Contractor, by the Contract
Documents, assumes toward the Owner and the Architect/�ngineer. Each subcontract
agreement shall preserve and protect the rigl�ts of tl�e Owner and t11e Architect/Engineer
under the Contract Documents (including but not limited to these General Conditions)
with respeet to the Work to be performed by the Subcontractor so that subcontraeting will
not prejudice the rights of the Owner and the Architect/Engineer. Where appropriate, the
Contractor shall require each Subcontractor to enter into similar agreeme��ts with Sub-
subcontractors. 7�he Contractor shall make available to each proposed Subcontractor,
prior to the execution of ihe subcontract a�reement, copies of ihe Contract Documents to
���hich the Subcontractor is to be bound. Subcoz�tractors 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, ihe Contractor shall
comply with tlie following additional rules regarding Subcontractor payments:
(1) The Contractor shall submit, beginning with the Second Application and Cerl:ificate
for Payment, a Subcontractor Payment Report (the "Report") with each Application
and Certificate for Payment, along with partial waivers of liens for all Wo�'k included
in the application for payment. The Report shall show all payinents made to daie by
ihe Contractor (plus existing retainage) to �ach Subcontractor involved in the Project.
The Report shall be made on a form approved and supplied by the Ow��er. Pay
applications will not be reviewed or certif ed by the Architect to the Owner without
accompanyi�ig partial lien waivers after the firsi Certificate for paymei�.t. With each
Applicaiion for Payment, the Contractor shall certify that there are no mecha�iics' or
materialmen's Liens outstanding at the date of the Application for Pya�aient, and that
all bills due with respect to the Work have been paid to date, and that there is no
known basis for �ling of any liens against the Surety or the Owner in connection with
tlie Work. Upon completion by the Contractor of the construction of tlie project, but
prior to final payment to the Contractor, the Contractor shall deliver to the Owner
conditional releases of all liens, which shall identify the remaining sums to be paid
pendin� receipt of final payment. The conditional releases of liens, upon final
payment by ihe Owner, shall rlease the Owner of all liens, and of all rights to claim
any lien, from all manufacturers, material-�nen, ai�d subcontracto�•s furnishin�
services or materials for the project, to the effect tl�at all materials or services used on
or for the project have been paid for and indicating ihat the Ower is released from all
such claiins. As an alternative to the Report, the Co�itractor may furnish Affdavits of
Payment Received with the Application and Certif cate for Payment, which affidavits
shall be executed by each Subcontractor owed money and paid during tlie previous
progress payment pei•iod for work or materials furnished on the Project. RECEIPT
BY THE OWNER OP THE R�PORT OR ArI�IDAVITS OF' PAYM�NT
R�CEIV�D SHALL B� A CONDITION PR�C�ll�NT TO PAYMENT ON ANY
APl'LICATION.
Provided that ihe Owner has been notified by written coorespondence (a lien notice) from
any manufacturer, material-men, or subcontractor furnishi��g services or materials for tlne
project that an outstanding debt is owed, the Owner shall ensure that the Contractor is
notif ed of such notice within ten (10) days of receipt of such notice. Tlae Contractor shall
ensure that resolution has been achieved for each written notice fled wiih tl�e Owner, and
provide suff cient written docu�nentation to tlie Owner tl�at pay�nent has been rendered,
or a i•esolution ]�as been achieved ihat is satisfactory to the Ow��er.
(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
wiihheld and ihat payment is in dispute. The Owner may require the Contractor to
documeni and verify tl�e dispute or oil�er problem in question.
(3) The Owner rese��ves the rigl�t in its sole discretion, to withhold payment to the
Contractor pursuant to Paragraph 9.5(a) of tlae General Condiiions, should it appear
from the Report, statements of payment received or otl�er information furnished to the
Owner that:
(i) the Report has not been properly completed;
(ii) the Contractor lias knowingly provided false information regarding payment of
any Subcontractor; or
(iii) the Contraetor has otherwise failed to make paynnents properly to any
Subconiractor.
(4) TH� CONTRACTOR SHALL NOT HAVC ANY RIGHT TO MAK� A CLAIM
FOR ADDITIONAL TIM� OR ADDITIONAL COMPENSATION AS A RESULT
OF TH� OWN�R'S OR ARCHITECT/ENGINE�R'S ENFORC�MENT OF THIS
SUBPARAGRAPH 5.3(b). NO PROVISION OF THIS SUBPARAGRAPH OR
ANY Or THE CONTRACT DOCUMENTS SHALL BE CONSTRU�D TO
CR�AT� A CONTRACTUAL RELATIONSHIP, EXPR�SS OR IMPLI�ll,
BCTWEEN ANY SUBCONTR.ACTOR AND EITHER TH� OWNER OR THE
ARCHITECT/�NGINEER AND SHALL NOT BE CONSTRiJED TO MAKE ANY
SUBCONTRACTOR OR ANY OTHER PERSON OR �NTITY A THIRD PARTY
B�N�PICIARY OF TT�� CONTRACT B�TW��N THE OWNER AND THE
CONTR.ACTOR.
5.4 CONTING�NT ASSTGNMENT OF SUBCONTRACTS
In tlle event of a termination of this Contract by the Owner ui�.der Article 14, the Coniractor shall,
if reyuested in writing by tl�e Owner, within fifteen (15) days after the date notice of terinination
is sent, deliver and assign to Owner, or any person or entity acting on the Owner's behalf, any or
all subcontracts made by Coniractor in the performance of the Work, and deliver to tlie Ow�ier
true and correct oz•i�inals and copies of the suUcontract documents. In the event assi�nment is not
i•equested by tlie Owner, Contractor shall terminate all subconiracts to tlie extent that Ow�ier has
noi directed assignment of same and to the extent that they relate to the performance of Work
terminated by the notice of tei-mination.
ARTICL� 6 CONSTRUCTION BY THE OWNER/ S�PARAT� CONTRACTORS
6.1 OWN�R'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARAT� CONTRACTS
(a) The Owner ��eserves the ri�ht to perform constructioi�. or operations related to the Project
with the Owner's own forces, and to award separate contracts in connection with other
portions of tlle Project or othe�� construction or operations on the Project site under
Conditions of the Coniraci identical or substantially similar to tliese 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 tl�e 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 "Coniractor" 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 tlie 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 participaie with other separate contractors and the Owner in
reviewing their construction schedules when directed to do so. The Contractor shall, with
the approval of tl�e Owner, make any revisions to the construction schedule dee�ned
necessary after a joint review and mutual agreement. The construction schedules shall
tlien constitute the schedules to be used by the Contracior, separate contractors, and the
Ownei• until subsequently revased by mutual agreement or by written Change Order. If
t11e Contracto�• believes it is entitled to an adjustment of the Contract Sum under the
circumstances, the Contractox• shall submit a written proposal for a Change Orde�•
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 submii any Claim pursuant
to Paragraph 4.3 of tlie General Conditions.
(d) Unless otlierwise provided in ihe Contract Documents, wlien the Owner performs
construction or operations related to the Project witli the Owner's own forces, the Owner
shall be deemed to be subject to the same obligations and to have the same rights wllich
apply to the Contractor under these General Conditions, including, without excluding
others, those stated in Article 3, il�is Article 6, and Articles ] 0, 11 and 12.
G.2 MUTUAL R�SPONSII3ILITY
(a) Tl�e Contractor shall afford the O���a�er and separate contractors' reaso��able opportunity
for access to and storage of their materials and equipment and the performance of tliei��
activities and shall coordinate the Contractor's construction a�ld operations with the
separate contractors as z�equired by the Contract Docuinents.
(b) If part of the Coniractor'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 defecis in the other construction that would
render it unsuitable for proper execution and results. Failure of fihe 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 Contracto��'s Work,
except as to defects not then reasonably discoverable.
(c) The Owiler shall not be liable to the Contractor for damages suffered by the Contractor
due to the fault or negligence of a separate concractor o�• through failure of a separate
contractor to carry out the direcfiions of the Owner or the Architect/Engineer. Should a�iy
inte�-fez�ence occur between the Contractor and a separate contractor, the
Ai•cl�itect/Engineer or the Owner may furnisli the Contractor with written instructions
designatiz�� �riority of effort or change in mefihods, whereupon the Contractor sl�all
immediately cornply with such direction. In such eveni, the Contractor shall be entitled to
an extension of the Contract Time only for unavoidable delays verified by the
Architectl�ngineer; no inerease in tlie Coniract 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 dannage to the work or property of any separate contractor
on the Project, the Contractor shall, upon due notice, settle with ihe separate contractor
by agreement, if the separate contractor will so settle. If the separate contractor sues the
Owner or submits a claim on accounfi of any damage alleged to have bee�� so sustained,
the Owner shall iloiify the Contractor who shall defend such proceedings, at the
Cont�•actor's expense, and if any jud�ment or award against the Owner arises from the
separate contractor's clai�n, the Contractor shall pay or satisfy it and shall reimburse the
Owner for all attorney's fees and costs which the Owner has incurred.
(� The Owner and each separate contractor shall have tl�e same responsibilities for cutiing
and patching as are described for the Contractor in Paragraph 3.14.
G.3 OWN�R'S RIGHT TO CL�AN UP
If a dispute arises among the Contractor, separate conti•aclors and the Owner as to the
responsibility u�ider their respective contracts for mainiainii�g the Project siie and
surrounding area fi•ee from waste materials and rubbisla as described in Paragrapli 3.15, the
Owner may clean up and allocate ihe cost among those respo�isible as tl�.e Architect/Engineer
a�ccomane��ds io be just.
ARTICL� 7 AMENDM�NTS
7.1 CHANG� ORDERS
(a) A Cha�lge Order is a writiei� order to tl�e 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 adjustinent to the Contract Time,
consistent with other applicable pt•ovisions of this Contract. The Owner, wiihout
invalidating the Co��tract and without requiring notice of any kind to tl�e sureties, may
order changes to the scope of Work under the Contract by additions, deletions, or other
revisions, the Contract Sum and Contract Tiine to be adjusted consistent with other
applicable provisions of this Coi�tract. 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 a�id confirm the tern�s and conditions estabizshed by Change Order;
however, should the Contractor xefuse 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 liis ability in accordance with the provisions of this Article 7. A Change
Ui•der signed by the Contractor indicates his agreen�.ent with all of the changes approved,
including the adjustment in the Contract Sum or the Contract Time. �ACH CHANGE
ORD�R SHALL BE SPECIFIC AND FINAL AS TO PRIC�S AND EXTENSIONS OF
TIM�, WITH NO RESERVATIONS OR OTHER PROVISIONS ALLOWING FOR
rUTURE ADDITIONAL MONEY OR TIME AS A R�SULT OF THE PARTICULAR
CHANG�S IDENTIFIED AND FULLY COMP�NSATED IN THE CHANGE ORD�R.
Tl�e execution of a Change Order by the Contractor shall constitute conclusive evidence
of the Contractor's agreement to the ordered changes in the Work. Tlie Contractor forever
releases any claim against the Owner for additional time or conlpensation 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 cliange on other Work.
(c) No extra work (except under emergency conditions) or changes shall be a��ade nor shall
any substitutions, changes or additions to or oix�issions or deviations from the
requirements of the Drawings and Specificatio��s be made unless pursuant to a written
Change O��der signed by tlie Owner and ihe Architect/�n�ineer, 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 requirei�lents of the
Drawings or Specif cations unless the saine shall have been authorized in writing by the
Owner and fihe Architect/�n�i��eer in a written change order or other An�endment. The
provisions of this Paragraph 7.l shall control in ihe 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 einergency conditions.
(d) Tl�e method of determining the cost or credit io tlle Owner for any change in the Work
shall be one of the following:
(]) mutual acceptance of a not-to-eaceed lump su�n amount properly itemized and
supported by suff cient substantiating data to permit evaluation;
(2) unit prices stated in the Contract Documez�ts or subsequently agreed upon;
(3) cost to be determined in a manner a�reed upon by tllc parties and a mutually
acceptable f xed or percentage fee; or
(4) tlie force account anethod provided in Subparagraph 7.1(e)
(e) If the parties cannoi agree to one of the metl�ods 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 f gure, 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 Owiaer, shall
promptly pz-oceed wiih 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 Wox-k att��ibutable 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 accouniing of the Work involved, on a daily basis, in
such form and with the appropriate supporting data as the Architect/Cngineer and Owner
may prescribe. Sworn copies of the itemized accounti�lg shall be delivered to the
Architect/�ngineer each day during ihe perfoi•mance of force account work, with copies
to the Owner.
FAILURE OF TH� CONTR.ACTOR TO SUBMIT TH� SWORN-TO ITEMIZ�D
ACCOUNTING DAILY AS REQUIRED HEREIN SHALL CONSTITUT� A WAIVER
BY THC CONTRACTOR OF ANY RIGHT TO DISPUTE TH� OWNER'S
DETERMINATION OF TH� AMOUNT DUE THE CONTRACTOR FOR FORC�
ACCOUNT WORK. Costs to be charged under this Subparagrapli for force account work
are limited to the following:
(1) costs of labor, including social security, old age and unemploy���ent insurance, fi•inge
bene�ts requi�•ed by agreement or custom, a�id workers compexlsation insurance;
(2) costs of materials, supplies and equipment (but not to include off-site storage unless
approved in writii�g by tl�e Owner), whether incorporated or consumed;
(3) rental costs of macl�ixlery and equipment, exclusive of hand tools, whether rented
from the Contractor or others;
(4) costs of preniiums for all bonds and insura��ce related to the Work; and
(5) additioz�al cosis of supervision and field offce personnel direcily attributable to the
changed Work. Pending f nal determination of cost to the Owner, paymei�t of
undisputed amounts on force account shall be included on the Architect/En�ineer's
Certifcate of Pay�nent as work is completed.
(� The amount of credit to be allowed io tl�e Ownez' for any deletion of Work or any other
cliange wliich results in a net decrease of the Contract Sum shall be the amount of acfival
net cost conf rmed by the Architect/Cngineer plus tlie stated percentage for overhead and
pro�t. When botli additions and deletions or credits coveriiag related Work or
substitutions are involved in any one change, the allowance for overhead and profit shall
be figured on ihe basis of tl�e net increase or decrease with respect to that change.
7.2 SUPPLEMENTAL AGR��MENTS
A written Supplemental Agreeznent can also be used to implement changes in tlle Work
iz�stead 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
Specif cations without an increase in the Contract Sum, or special circumsta�lces where it is
ilecessary or more appropriate for the Owner to use a Supplemental Agreement. Written
Supplemental Agreements shall have a status equal io that of Chat�.ge Orders fo�� purposes of
priority of Contract Documents intetpretation, except tl�at to the extent of a conflict, later
Supplemental Agreements in time control over earlier Supplemental Agreements, and the
latest Change Order or Supplemental A�reement in time controls over earlier dated Change
Orders and Supplemental Agreements. The rules of Subparagraphs 7.1(b) through (� shall
also apply to the negotiation and execution of Supplemental Agreeinents.
7.3 MINOR CHANGES IN TH� WORK
The Architect/Engineer, after notifying the Owner, shall be authorized to order minor
clianges in tlle Work not involving an adjustment in the Contract Sum or an extension of the
Contract Time and not inconsistent with the intent of the Co�ltract Documents. Minor
cilai�ges 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 deetned to change or impact the Contract Sum or the Contract Tiine. Contractor
shall liave no Claim for any minor chan�e ordered to the Work under this Paragraph 7.3
unless the Contractor submits its change proposal, prior to complying with the minor change
ordez•ed a��d in no event later than ten (10) working days fi•om the date the minor change was
ordered, to ihe Owner for appi•oval.
7.4 TIMC REQUIR�D TO PROCESS AM�NllMENTS
(a) All of the Coniractor's responses to proposal requests shall be accompanied by a
coinplete, itemized breakdown of costs. Responses to proposal requests shall be
submitted suff ciently in advance of the required wo�•k to allow the Owner and tl�e
Architect/�n�ineer a miilimum of thirty (30) calendar days after receipt by tlle
Architect/Engineer to review the itemized breakdown and to prepare or distribute
additioi�al documents as may be �aecessaiy. All of the Contractor's responses to proposal
requests slaall include a statement that the cost described in the response represents the
complete, total and fnal cost and addiiional Contract Time associaied witl� the extra
work, change, additioia to, oniission, deviation, substitution, oa• other grounds for seekin�
extra compensation under the Contract Documeiats, wiihoui reservaiion or further
recourse.
(b) All Amendments ��equire approval by either the City Counci] or, where autliorized by the
state law and City ordi�iance, by tl�e City Manager pursuant to Administrative Action.
Tl�e approval process requires a minimum of forty-five (45) calendar days af�er
subn�zission to the Owner in final form with all supporting data. Receipt of a submission
by Owner does not co��stitute 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. TH� TIM� ItCQUIIt�D FOR TH� APPROVAL PROCESS
SHALL NOT BE CONSID�R�D A DELAY AND NO EXT�NSIONS TO THE
CONTRACT TIME OR INCREASE IN TH� CONTRACT SUM WILL BE
CONSIDERED OR GRANT�D AS A RCSULT OF THIS PROCESS. Pending the
approval described above, the Contractor will proceed witl� the work under a pending
Amendment only if directed in writing by the Owner.
ARTICLE 8 CONTRACT TIME
8.1 D�FINITIONS
(a) Unless oiherwise provided, the Contract Time is the period of time, including authorized
adjustmenis, allotted in tl�e Contract Documenis for Substantial Completion of the Work.
(b) 1'he date of comi��encement of the Work is the date established in the notice to proceed
fi�onn tlle Owner. The date of commencement shall not be postponed by the failure of ihe
Contractot•, or of persons or entities for whom the Contractor is responsible to act
protnptly to commence the Work. Tf the Owner unreasonably delays the issuance of tl�e
notice to proceed ihrough no fault of the Cot�.tractor, the Contractor shall be entitled only
to an equitable extension of the Contract Time; ihe Contract Sum shall remain
unchan�;ed.
(c) The date of Substantial Completion is the date certified by the Architect/En�ii�eer in
accordance with Paragraph 9.7.
(d) The term "day" as used in the Contract Documents shall niean a calendar day, begi�u�i��g
and ending at 12:00 midnight, unless otherwise specifically defined by special provision.
8.2 PROGR�SS AND COMPL�TION
(a) Time limits stated in the Contract Documents are of the essence of the Contract. By
executing ihe Building Construction Services Agreement, the Contractor conf rms tl�at
the Contract Time is a reasonable period for perforn�ing the Work.
(b) 1'he Contractor shall not knowingly, except by ag�•ee�nent with or instruction of the
Owner in writing, premaiurely coann�ence operations on the Project site or elsewhere
pi•ior to the effective date of insurance to be furnished by the Contractor as required by
Article 11. The date of commencemei�t of ihe Work shall �iot be changed by tl�e effective
date of iz�sura�ice required by Article 11.
(c) Liquidated Damages. Thc Contractor slaall proceed expeditiously with adequate forces,
materials, and equipment, and shall achieve Substantial Conapletion witl�in the Contract
Time. If ihe Contractor fails or refuses to complete the Work within the Contract Time as
specif ed in the Bid P�•oposal form, the Buildin� Construciion 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 Coniract, to pay to the
Ovv�ier the amount of liquidated damages (hereinafter called the "Stipulated Amount") as
stipulated in the Bid Proposal form and the Building Construction Services A�reement
for each calexidar day that fihe Contractor lias not Substantially Completed fihe Wo�•k aftei•
the expiration of the Contract Time provided. Tl�.e Stipulaied Amount is not to be
considered as a penalty, but shall be deemed, taken, or treated as reasonable liquidated
damages, fxed az�d agreed upon by and beiween the Contractor and the Owner because
of the itnpracticality and extreine 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 dan�ages tliat the Owner
would sustain. The Stipulated Amount, as it accrues, will be retained from any portion of
the Contract Sum due or that inay become due to tl�e Contractor. In the event the portion
of the Contract Sum retained by the Owner is insufficient to recover the Stipulated
Amouiit, then the Contractor or ihe Contractor's Surety shall pay to the Owner any
additional liquidated dannages due that are in excess of the funds remaining unpaid in the
Contract Sum. The Owi�er shall be the sole judge as to whether or not the Work has been
Substantially Completed within the calendar days allotied, 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 Orvner's deterznination of liquidated
damages due, however, or should the Contracto��, 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 Owiler and
attributable to the Contractor, as an alternative to all liquidated damages due.
8.3 D�LAYS AND EXT�NSIONS OF TIM�
(a) If the Contractor is delayed at any time in tl�e progress of the Work by a�i act or neglect
of the Owner or Archiiect/Engineer, or of an employee of eitl�er, or of a separate
contractor employed by the Owner, or by changes ordered in tl�e 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 ihe Architect/Engineer determines may justify delay, then the
Contract Time shall be exiended by Chan�e Order for such reasonable time as the
Architect/�ngineer and Owner anay determine.
(b) Claims relatiiag to Contract Tizaae and time extensio�is shall be xnade in accordance with
the applicable provisions of Paragraph 4.3.
(c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OP TH�
CONTRACT DOCUMENTS, INCLUDING TI-iE G�NERAL CONDTTIONS, NO
ADJUSTMENT SHALL B� MADE 1'O THE CONTRA.CT SUM AND THE
CONTRACTOR SHALL NOT B� ENTITLED TO CLAIM OR R�CEIV� ANY
ADDITTONAL COMP�NSATION AS A RESULT OF OR ARISING OUT OF ANY
DLLAY, HINDRANC�, DISRUPTION, FORCE MAJ�URE, IMPACT, OR
1NT�Rr�RCNC�, INTENTIONAL OR UNINTENTIONAL, FORESEEN OR
UNFOIZ�SE�N, WI-�ICH INCRCAS�S TH� TIME TO COMPLET� TH� WORK,
INCLUDING BUT NOT LIMI1'ED TO ANY DELAYS CAUS�D lN WHOL� OR IN
PART BY THE ACTS, OMISSIONS, FAILURES, N�GLIGENCE, OR FAULT OF
THE OWN�R, THE ARCHIT�CT/ENGIN�ER, OR TI-iE OWN�R'S
RCPRES�NTATIVE, AN �XT�NSION Or TH� CONTRACT TIM� UNDER
SUBPARAGRA.PH 8.3(a) B�ING THE CONTRACTOR'S SOLE REMEDY.
(d) The Owr�er shall have the right to occupy, without prejudice to the right of either party,
any coznpleted or largely completed portiox�s of the structure or Work, notwithstandin�
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 dee�x►ed as an acceptanee 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 fi•om 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.
( fl The Architect/�ngineer, with the consent of the Owner, shall have the authority to
suspend the Work, in wl�ole or in part, for such period or periods as the
Architect/Engineer deeins necessary due to unusual or severe weather conditions as are
considered unfavo��able for the suitable prosecution of the Work, or due to failuxe on the
part of tl�e Contractor to correct conditions considered unsafe for workmen or the general
public. Tf it should become necessary to stop tl�e Work for an indefinite period, the
Contractor shall siore all niaterials in such a manner that they will not obstruct or impede
the public unnecessarily or become damaged in aa�y way, and shall take every precaution
to prevent damage or deterioration of the Work perfor���ed. In cases of suspension of ihe
Work under this Subparagraph, the Contraetor sl�all also provide suitable drainage about
the Work and erect temporary structures where necessary. The Coiltractor shall not
suspend the Work in whole or in part without written authority from the
Arcllitect/�ngineer or the Owner, and shall resunae the Work promptly when notified by
tl�e Architect/�ngineer or the Owner to resume ope�•ations.
(g) In the event of a delay that is the responsibility of tlae Contractor or any of the
Subcoaitz•actors, for which tl�e Coxitractor is ��ot entitled to a time extension under the
provisions of this Contract, the Owner may direct that the Woa•k be accelerated by mea��s
of overtime, additional crews or additional shifls, or resequencii�g. This acceleration shall
be at no cost io tl�e Owner and will co�itinue until the Contract Time is restored. In the
event of a delay for which the Contractor is ei�titled io a time extension, as deternnined by
tl�e Architect/Engineer, Owner may similarly direci accele�•ation and the Co�iiractor
agrees to perform same on the basis that the Co��tractor will be ��eimbursed only to the
extent described i�� Subparagraph 4.3(i). TH� CONTRACTOR EXPRCSSLY WAIVES
ANY OTHER COMP�NSATION R�SULTING PROM ACC�L�RATION, SUCH AS
LOSS Or LABOR PRODUCTIVITY OR �FFICIENCY.
ARTICLE 9 PAYMENTS AND COMPLCTION
9.1 CONTRACT SUM
The Contz•act Sum is stated in the Building Construction Services Agreennent and, including
authorized adjustments, is the total amount of compensafiion payable by the Owner to the
Contractor for the performance of the Work under the Contract llocuments.
9.2 SCHCDUL� OF VALUCS
Before the first Application for Payment, the Contractor shall submit to the
Architect/�ngineer a schedule of values allocated to various portions of the Work, prepared
in such forin and supported by such data to substantiate iis accuracy as the
Architect/Engineer may require. This schedule, when approved by ihe 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 I'orm G702
(Application and Certif cate for Paymeni), as approved by the Owner.
9.3 Al'PLICATIONS FOR PAYMENT
(a) At least ten (10) days before the daie 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
payinent as the Owner or ArchitecUEngineer may require, including bufi not liinited to
copies of requisitio�is fro�n Subcontractox•s and material suppliers, and reflecting the
applicable retaii�a�e as requi�•ed in the Contraci Documents. Contractor's Application for
Payment shall also provide other suppo�•ting documentation as the Owne�• or the other
applicable provisions of the Contract Documents may require.
(b) Applications for Payment may not include requesis for payraent of amounts the
Contractor does not intend to pay to a Subcoi�tractor because of a good faith dispute,
u�aless tlae Co��tractor complies with Clause 5.3(b) (2) of these General Conditions and
the Contractor's Payment Bond Sui•ety eonsents in writing to payment to the Contractor
of the fuz�ds deemed to be in dispute.
(c) Unless otherwise provided in the Cont��act Documents, progress payme�ris shall ii�clude
payment for materials and equipment delivered and suitably stored at the Project site for
subsequent incorporation into the Work within illirty (30) days afier delivery to the
Project site. If approved in advailce by the Owner, paymeni may similarly be made for
materials and equipment suitably sto�•ed a���ay from the Project siie at a location agreed
upon in writing. Payment for costs incurred in storage of materials or equipment away
fi•om the Project site wil) NOT be made by Owner u�aless:
(1) the Owner l�.as given prior approval of sucli off-site storage in writing;
(2) the anaterials or equipment are stored in a bonded warel�ouse located in Denion
County and identified with the Pi•oject for which they are stored, as evidenced by
warehouse receipts and appropx�iate documents of title; and
(3) the materials or equipment stored off site will Ue incorporated into the Work within
tliiz•ty (30) days after delivery. STORAGE IN rACILITIES OF THE
MANUI�ACTURER OR TH� CONTRACTOR WILL NOT B� PERMITTED OR
PAID POR, UNL�SS THE OWN�R HAS EXPRESSLY GIV�N PRIOR
APPROVAL OF SUCH STORAGE 1N 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 Certif cates for
Payment have been previously issued and payments recezved froi�a the Owner shall be
free and clear of liens, claims, security interests or encumbrances in favor of the
Contractor, Subcontractors, n�aterial suppliers, or oiher persons or entities making a claiin
by reason of having provided labor, materials, and equipmeni relating to the Work.
(e) All maierials or equipment delivered to the Project siie earlier than thirty (30) days prior
to an approved schedule for delivery to the Project site shall be classified as an "early
delivery." All ea�•]y delivery materials or equipment must have the express written
permissioxi of the Owner to be stored on the Project site. If any unauthorized early
delivery occurs, Contractor shall, at Contractor's eapense or at the expense of the
respoi�sible SubconYractor or Supplier, cause such early delivery to be removed fi•om the
Project site and siored 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 Contractox fails
or ref�uses to remove unauthorized early delivery inaterials, the Owner may cause such
materials to be removed at the Contractor's sole expense, and amounts inay be withheld
fi•om the Contractor's Application for Paymeni to reimburse the Owner for airy costs
incurred in removing unaut]aorized early delivery xnaterials. OWN�R WILL NOT BE
RESPONSIBLE POR THE PROT�CTION OF OR RISK Or LOSS ON ANY EARLY
DLLIVERY MAT�RIALS OR �QUIPM�NT, NOR WILL OWN�R BE LIAI3L� FOR
ANY PAYMCNT I'OR TT�� �ARLY D�LIVERY MATERIALS OR EQUIPM�NT.
Any materials or equipment classified as early delivery will not be approved for payment
as stored materials prior to tl�irty (30) days before the incorporation of the �naterials or
equipment into ihe Work, unless storage and payn�ent at an earlier date is expressly
approved in writing by tlie Owne�-.
(� If the Contract Sum is equal to or less than $25,000.00 and performance and payment
bonds are �iot furnished by the Contractor, no payment applied for will be payable under
the Contract u,�iil ihe Work has been Pinally Completed and accepted.
9.4 C�RTIFICATES FOR PAYMENT
(a) The Architect/Cngineer will, within ten (10) days after receipt of the Contractor's
Applicatiozl for Payment, either issue to the Owner a Certifcate for Payment, with a copy
to the Contractor, for such amount as the Arehitect/Engineer determines is properly due,
or notify the Contractor and Owner in writing of the Architeci/Engineer's reasons for
withholding certification in whole or in part as provided in
(a) City of Denion General Conditions for Building Construction.
(b) Subparaga•apli 9.5(a). The Ceriif cate for Payment shall be issued o�� the current version
of AIA Fornn G702 (Application a»d Certificate for Payment) as approved by the Owner.
(c) The issuance of a Certificate for Payment will constitute a xepresentation by the
ArchitecUEn�ineer to the Owner, based on the Architect/E��gineer's obsei-��ations at the
site and the data cozx�prising the Application for Payment, i11at the Work has progressed
to the point indicated and that, to the best of the Architect/�ngineer's lcziowledge,
information and belief, quality of the Work is in accordance witl� the Contract
Docunlents. The foregoing representations are subject to an evaluation of the Work for
conformance with the Contract Docuznents upon Substantial and Final Completion, to
results of subsequeni tests and inspections, to minor deviations fron� the Contract
Documents correctable prior to Fi�ial Completion and to specif c qualifications expressed
by the Architect/Engineer. The issuance of a Certif cate for Payment will further
constitute a representation that the Contractor is entitled to pay�nent in the amount
certified, subject to the Owner's approval. The issuance of a Certifcate for Payment is
not a representation that the Architect/Engineer has:
(1) made exhaustive or continuous on-siie inspections to cl�eck the quality or quantity of
the Work;
(2) reviewed construction means, methods, techi�iques, sequences or procedures;
(3) reviewed copies of requisitions received fronn Subcontractors and material suppliers
and other data requested by tlie Owner to substaxrtiate the Contractor's ri�ht to
payment; or
(4) inade examination to ascerlain how or for what pu��pose the Contcactor has used
money previously paid on account of il�e Coniract Sum.
(d) Whenever the Application for Payment for Work done since the last p�•evious Application
for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a
percentage of the Application, less applicable retainage, to the Coniractor within thirty
(30) days following Owner's receipt ai�d approval of the Ce�•tifcate for Payinent certified
by the Arcllitect/�ngineer. The Applicatioia may include acceptable nonperishable
materials delivered to the Work or stored as provided for ixi Paragraph 9.3(c) and tl�e
paynzent ��ill be allowed on the net i�lvoice value, less taxes and applicable rctainage.
(e) The City is required to withhold retainage for public works coniracts in wl�ich the total
contract price estimate at the time of execution is more thail$400,000; ho��vever, ihis
requirement is typically applied by the City for all public works contracis in excess of
$50,000. Tlie City �nay require varying perceniage withholding amounts; however, the
City typically requires fve perce��t. Por retainage percentages in excess of fve percent,
the City must deposit the retainage into an iz�.terest-bearing account and pay the i�iterest
earned to the contractor oz� completion of the coa�t�act. Tlie retainage will be witliheld by
ihe Owner from �ach progress payment until final completion of the Work by the
Contractor, approval of final completion by tlae Arcliitect/Cx�gineer, and f nal acceptance
of the Work by the Ow�ier. Unless otherwise required by state law, the retainage
perceiatage as specif ed above is based upon the ori�inal Contract Sum, and will not be
affected in the event the original Coniract Sum is subsequently increased or decreased by
Change Order.
(� No progress payments shall be made on contracts where performance and payment bonds
are not reyuired or furnished. In such instances, payment for the Work performed will be
made upon final completion and acceptaalce by ihe Owner of all Work.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
(a) The Architect/En�ineer or ihe Owner may decide not to certify payment a�id may
withhold a Certificate for Payment in whole or in par[, to the exteni reasonably necessary
to protect the Owner's interest, if in the Architect/Engineer's or Owz�er's opinion ihe
representations to the Ownet� required by Subparagrapl� 9.4(b) cannot be made. 1f the
Architect/Engineer or the Owaier is unable to certify payment in the amount of the
Application, the Architect/�ngineer or the Owner will notify the Contractor as provided
in Subparagraph 9.4(a). If the Contractor and Archiiect/Engineer or the Owner cannot
agree on a revised amount, ille Architect/Engineer will promptly issue a Certificate for
Payment for tlae an�ount for whicl� the Architect/�nginee�� is able to make the required
representations to the Owner. TIZe Architect/�ngineer or the Owner may also decide xiot
to certify payment or, because of subsequently discovered evidence or subsequent
observations, may nullify the whole or a part of a Certiizcate for Payniez�t previously
issued to such extent as may be necessary, in the ArcliitectlEngineer's or Owner's
opinion, to protect the Owner fi•om loss because of:
(1) defective or nonconforming Work not remedied;
(2) ihird party claims �led o�• x•easonable evidence indicating probable f lin� of such
clai�ns;
(3) failure of tl�e Contt•actor to make payments properly to Subcontractors or for labor,
iaaatez�ials, oi• equipnaent;
(4) reasonable evidence that ihe Work cannot be coi��.pleted for tlie unpaid balance of the
Coniract Sum;
(5) damage to the Owner or another coniractor;
(6) reasonable evidence that the Work will not be completed within ihe 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 tlie Work in accordance witll the Cotitract Documents;
or
(8) mathemaiical or other er�•o�•s tliat are discovered in the Ap�lication for Payment.
(b) When each of the above reasons that existed for witl�.holdi��g certification are removed or
remedied, certification will be made for amounts p�•eviously withheld.
(c) The Owner znay, at iis option, offset any p�•ogress paymezit or f nal payinent under the
Contract Documents against any debt (including taxes) lawfully due to tlie Owner fi•om
the Contractor, regardless of whether the amount due arises pursuant to the terms of the
Contract Documenis or otherwise and regardless of whether or not the debt due to the
Owner has been reduced to judgment by a court.
9.G PROGR�SS PAYMENTS
(a) After the Architecd�ngineer has issued a Certificate for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documei�is, and
shall so notify the ArchitecUEngi��eer. The Owner shall not be liable for interest on any
late or delayed progress payme�it or final payment caused by any claim or dispute, any
discrepancy in quantities, any failure to provide supporling documentation or other
in.formation required witl� the Application fox� Payn�ent or as a precondition to paynnent
under tlie Contract Documents, or due to any payinent the Owner or the
Architect/Engineer has a right to witl�hold or not certify under the Contract Docuinents.
Notwithstanding the foregoing, the Owner nlay refuse to make payment on any
Ce�•tificate for Payment (including, without limitation, the f nal Certificate for Payment)
for any default under the Coniract Documents, including but not limited to those defaults
set forth i�a Subpai•agraph 9.S(a), Clauses (1) through (7). `I'he Owner shall not be deemed
in default by reason of withliolding payment while any Contractor default remains
uncured.
(b) The Co�ltractor sl�all pronlptly pay each Subcont�•actor, upon reeeipt of payment fi•om the
Owner, out of the a��iouxit paid to the Contractor on account of eacli Subcontractor's
portion of the Work, the arnount to which said Subcontractor is er�iitled, reflectin�
percentages actually retained from payinents io the Contractor on account of such
Subcontractors portion of tl�e Work. The Contractor shall, by appropriate agreement wiih
each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors
in similar manner.
(c) The Architect/Engineer will, on request, furnish to a Subcoi�tractor, if practicable,
information regarding percentages of completion or amounts applied for by ihe
Contractor a��d action takext tliereon by the Architect/Engineer and the Owner on account
of portions of tl�e Work done by such Subcontractor.
(d) Neither the Ow�1er nor ihe Architect/�ngineer shall have an obligation to pay or to see to
ihe payme�at of money to a Subcontractor except as may otherwise be required by law.
That obligation belongs to the Contractor or, in tlne event of the Co�7tractor's failure to
pay a Subcontractor, to the Surety on the Payment Bond as required under Paragraph
11.3.
(e) Payment to material suppliers sl�all be treated ii�. a manner similar to that provided in
Subparagraplis 9.6(b), (c), and (d).
(� A Certif cate for Paymetit, a progress payment, or partial o�� 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 SUBSTANTJAL COMPLETTON
(a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the
date certified by the Architect/Engineer when constt•uction is suff ciently completed in
aecordance with the City Of Denton General Conditions For Building Construction.
(a) tlle Contract Documents such that the Owner may bene�cially occupy and use the Work,
or designated portions of the Work, for the purposes for whicl� it is intended and only
trivial and insignif cant 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 Architecfi/Engineer a comprehensive list of remaiiaing items to
be completed or corrected. The Contractor shall proceed promptly to cornplete and
correct items on the list (hereinaiter called the "punch list"). Pailure to include aia item on
the punch list does not alter the responsibility of the Contractor to complete all Work ix�
accordance with tl�.e Contract Documealts. Upon receipt of the punch list, the
Architect/�ngineer will rnake an inspection to deterinine whether the Work, or designated
portion of the Work, is Substantially Complete. If the Architect/Engineer's inspection
discloses ai�y item, wliether or not included oxi the punch list, which is not in accordance
with the requiren�ents of the Contract Docume��ts and which renders ihe Work inspected
not Substantially Complete the Coniractor sliall, before issuance of the Ceriif cate of
Substantial Con�pletion, complete oi• correct the item upon notif cation by ihe
Architect/Engix�eer. The Contracior shall then submit a request fox another inspection by
the Architect/Engineer to deteilnine Substantial Completion. Wl�.en the Work or
designaied portion of the Work is Substaaitially Complete, the Architect/Engii�eer will
prepare a Certificate of Substantial Completion which shall establish the date of
Substantial Completion, shall establish responsibilities of ll�e Owner and the Contractor
for security, maintena»ce, heat, utilities, dai��age to the Work and insurance, and shall fx
the time within which the Contracior shall finisl� all items on the punch list
accompanying ihe Certif cate.
(c) Tl�e Certificate of Substantial Cozi�pletion shall be sub�nitted to the Owner and the
Cont�-actor for their writien acceptance of responsibilities assigned to them in the
Certificate.
(d) Upon Substantial Completion of the Work or designated portion thereof and upon
applicaiion by ihe Contractor and certification by the Architect/Engineer, the Ow�ier shall
make payment, reflectin� 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 Agreemei�t with
the Contractor, provided such occupancy or use is consented io by the insurer as requi�•ed
under Subparagraph 11.2(e) and authorized by public authorities having jurisdiction over
the Work. Such partial occupancy or use may coinmence whether or not the portion is
Substantially Complete, provided the Owner and Coniractor have accepted in writing the
responsibilities assigned to eacli of them for payments, retainage if any, security,
n�aintenance, heat, utilities, damage to the Work and insurance, and have agreed in
writing concerning the period for con•ection of the Work and comanencement 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/Engi�aeer as provided under Subparagrapli 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 between the Owner and
Contractor or, if no agreement is reached, by decision of the Architect/Engineer.
(b) Tmmediately prior to such partial occupancy or use, the Owner, Contractor, and
Architect/Cngineer shall jointly inspect the area to be occupied or portion of the �JVork io
be used in ordex� to deterznine and record the condition of the Work.
(c) Unless otherwase agreed upoii, 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 fnal inspection and acceptance
and upon receipt of a final Application for Payment, the Archiiect/Cngi�ieer,
accompanied by the Owner's z•epresentative, will promptly make final inspection and,
when the Architect/Engineer finds tl�►e Work acceptable under the Contract Documents
and the Contract Documents fully performed, the Arcl�itecfi/Engineer will pro�nptly issue
a tnal Certificate for Payme��t staiing that to tl�.e best of the Arcl�itect/�ngineer's
lalowledge, informatioi� aaid belief, and on tlle basis of the Architect/�ngineer's
observations and inspections, ihe Work has been completed in accordance with terms and
conditions of the Co�itract Documents and tliat ihe entire balance found to be due the
Co��tractor and noted ia� said f��al Certifcaie is due and payable. The
Architect/��Zgineer's fnal Certificate for Payment will constitute a further representation
that coi�ditions listed in Subparagraph 9.9(b) as a condition precedent to the Contractor's
being entitled to f nal payment have been fulfilled. Owa�er will normally make final
payment within ihirty (30) days after Owner's receipt and appro��al of the final Certifcate
for Payment. Warranties required by the Contract Documents sliall commence on the date
of Substantial Conlpletion of the Work, unless otllerwise provided by separate agreement
beiween the Owner and the Contractor.
(b) Neither fnal payment nor any rei��aining retained percentage shall become due until the
Contracioi• submits to the Architect/Engineer:
(1) an af�davit that payrolls, bills for materials and equipment, and other indebtediaess
connected with the Work for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner) liave been paid or
otherwise satisfied;
(2) a certificate evidencing that insurance required by the Contract Documents to remain
in force after final pay�l�ent is currently in effect and will not be cancelled or allowed
to expire until al leasi thirty (30) days prior written notice has been given to tl�e
Owner;
(3) a written statement that ihe Contractor knows of no subsiantial reason that ttae
insurance will not be renewable to cover the period required by the Contract
Documents;
(4) a consei�.t of surety to f nal payment; and
(5) if required by the Owner, other data establishing payment or satisfaction of
obli�ations, such as receipts, releases and waivers of liens, claims, security interests
or encumbrances arising out of the Coi�tract, to tlle extent and in such form as inay be
designated by the Owner.
(c) As a preconditio�� to final payment by the Owner under this Coniract, the Contractor's
affidavit under Clause (b)(1) shall state that the Contractor has paid each of his
subcontractors, laborers or materialmen ii�. full for all labor and materials provided to him
for the Work under this Contract. In the event the Contractor has noi paid each of his
subcontractors, laborers o�� inaterialmen in full, the Contractor shall state in tlae affidavit
the amount owed and the name of each subcontractor, laborer or materialmen to whom
such payment is owed. IN ANY EVENT, TH� CONTRACTOR SHALL B�
RCQUIRCD TO �XECUTE 1'HE OWNER'S STANDARD ArI'TDAVIT OF FINAL
PAYM�NT AND RELEASE AS A PRECONDITTON T� RECETPT OF FINAL
PAYM�NT.
(d) If, after Substantial Completion of the Work, final cox�-►pletion of the Work is znaterially
delayed through no fault of tl�e Contractor or by issuance of Change Orders affecting
final completion and the Arclaiiect/Engineer coy7firnls the delay, the Owner shall, upon
application by ihe Contractor and cei�tification by the Archiiect/Ex�gineer, and wiihout
tenninating tbe Contracfi, make payment of tl�e balance due for that portion of the Work
fully completed and accepted. If ihe remainit�� balance for Work not fUlly completed or
corrected is less than retainage stipulated in the Co�itract Documents, and if bonds have
been furnished, tlle written consent of surety to payment of tl�e balance due for that
portion of the Work fully completed and accepted shall be submiited by the Contractor to
ihe Architect/Engineer prior to certification of payment. Payment shall be made under
terms and conditions governing final payinent, except that it shall not eonstitute a waiver
of claims.
(e) The acceptance by the Contractor of the �nal payment shall operate as and shall be a
complete release of the Owner from all claims or liabilities under the Coniract, for
ai�ytliing done or furnished or relating to the Work or the Project, or for any act or ne�lect
of the Owner relating to or connected with the Work or the Project.
ARTICLE 10 SAF�TY, SECURITY AND UTILITY PROVISIONS; ENVIRONMENTAL
COMPLIANCE
10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor slaall be z•espoY�sible for initiatii�g, maintaining and supervising all safety
precautions and programs in connection with the performance of tlle Coniract, and will
comply with all applicable City, County, State and Federal healtl� 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 oiher persons who may be affected thereby;
(2) the Work and materials and equipment to be incorporated tlierein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subconiracto��s; and
(3) other property at the site or adjacent tlaereto, such as trees, shrubs, lawi�s, walks,
pavements, roadways, structures and ufiilities not designated for removal, relocatioa�
or replaceinent 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
p�•operty or their proiection from damage, injury or loss,
(c) The Contractor shall erect and maintain, as required by existin� conditions and
perforialance of the Contract, reasonable safeguards for safety and ��rotection, includin�
posiin� danger si�zls and other war��ings against hazards, promulgating safety regulations
and notifying owners and use��s of adjacent sites and utilities.
(d) Whe�l use or storage of explosives or other hazardous materials or equipment or unusual
methods are necessaiy for execution of the Work, the Contractor shall exe�•cise utmost
care and carry on sucl� activities under supervision of prop�rly qualif ed personnel.
(e) USE OF �XPLOSIV�S - CLAIMS AND TOTAL IND�MNIPICATION. The Owner
shall have the right to pre-approve the use of any explosives on the Project; ihe
Contractor shall not assume i�� its bid fihai pern�issio�� to use explosives will be granted.
The Owner shall NOT be liable for any claim for additional time or coinpensation as a
resulfi of the Owner's denia] of permission to use explosives. Vdhere use of explosives is
permitted by the Owner, the Contractor CXPRI:SSLY AGR��S TO BE SOLELY
RESPONSIBL� for the determination as to whether explosives sl�all actually be used,
and for any resuli from the use, handling or storage of explosives, and shall
INDEMNIFY, D�FEND AND HOLD COMPLETELY HARMLESS the Owner, its
officers, a�ents and e�ilployees, and tl�e Architect/Engineer against any and all claims,
lawsuits, judgz��ents, cosis or expenses for personal injury (including death), property
da�nage or other harm for wllich recoveiy of damages is sought, suffered by any person
or persons, as tlle result of the use, handlii�g or storage of the explosives by the
Confiractor or any Subcontractor, REGARDLESS OF WI-�ETHFR SAID USE,
HANDLING OR STORAGE WAS N�GLIGCNT OR NOT, AND R�GARDL�SS OF
WH�TH�R 1'HE DAMAG� OR INJURY WAS CONTRIBUT�D TO IN ANY WAY
BY TH� N�GLIGENC� OR IiAULT OP THE OWNER, ITS OFFICERS, AGENTS,
EMPLOYEES, OR 12�PRESENTATIV�S, OR TH� ARCI�ITECT/�NGINEER AND
ITS OFFICERS, AGENTS, EMPLOYEES, OR REPR�S�NTATIV�S. 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 tl�e parties to this Contract and is
not intended to create or grant any rights, contractual or ofiherwise, to or for any other
persoii or entity. The Contractor shall fuinish the Owner and the Architect/Engineer with
evidence of insurance sufficient to cover possible damage or injury, which insurance
shall either include the Owi�er and the Architect/Engineer as additional insureds or be
sufficiently broad in coverage as to fully protect the Owner and t11e Architect/Engineer.
All explosi��es 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 naarked clearly "DANGEROUS-
�XPLOSIVES." The method of storing and handling explosives and highly flammable
materials shall conform to Pederal and State laws, City of Denton ordinances, and the
City of Denton I'ii•e Department regulations. Tl�e 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 Coniractoi•'s intention to use
explosives, and such notice shall be given sufficienily in advance to enable ihe
telecommunications and public utility companies and private property owners to take
such steps as they may deem necessary to protect their �z•operty from injury. The notice
shall not relieve ihe Contractor of any responsibility for damage resulting fi•om any
blasting operations.
(� The Contractor shall pi•omptly remedy dama�e and loss (other il�an dainage or loss
insured uzlder property insurance required by the Contract Documents) io 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 dama�e or loss attributable to acis or
omissions of the Owner or Architect/Engineer or anyone directly or indirectly cmployed
by either of them, or by anyone %r 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 Contracto�- are in addition to the Contractor's obligations
under Para�raph 3.19. To the extent ihat any such damage or loss may be covered by
property insurance or otl�er insurance required by the Contract Docuinenis, 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 danlage or loss.
(g) The Contractor shall designate a responsible member of the Contractor's orgaa�ization 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 a��d Arehitecfi/Engineer.
(li) 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 �MERG�NCIES
Tn an emergency affecting safety, health, or security of persons or property, the Contractor
shall act, at the Contractor's discretion, to prevent threatened damage, i��jury, or loss.
Additional coinpensation 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 CONVENIENC� 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 Ownez•. Sidewalks or streets shall not be obstructed, except
by special peri��ission of the Ownei•. The materials excavated and the construction
materials or plant used in the performance of the Work sliall be placed in a maruier that
does not endanger ihe Work or prevent free access to all fire hydrants, water mains and
appurtenances, ��ater valves, gas valves, manholes for the telephone, telegrapli signal or
electric conduits, wastewater mains and appurYenances, and f re alarm or police call
boxes in the vicinity.
(b) The Owner reserves the right to remedy any neglect on the part o� the Contractor in
regard to publzc conve�iience and safeiy whicli �nay come to tlie Owner's attention, after
twe��ty-four (24) l�ours i�otice i�i writing to the Contractor. In case of an emergency, the
Owner sl�al] have the right to imnaediately i•emedy any neglect without a�otice. In either
case, the cost of any work done by tlle Owner to re�nedy the Contractor's neglect shall
be deducted froin the Contract Sum. Tlle Coniractor sl�all notify the City Traff c
Control Department wl�en any street is to be closed or obstructed. The notice shall, in
tlie case of major tl�orou�hfai•es or street upon which transit lines operate, be forty-ei�ht
(48) hours in advance. The Owiler reserves the right to postpone or prollibit any closure
or obsti•uction of any sireets or thoroughfares to the extent necessary for the safety and
benefit of the traveling public. The Contractor shall, when directed by ihe
Architect/En�ineer or the Owner, keep any sireet or streets in condition for
unobstructed use by City departments. When the Contx�actor is required to construct
teznporary bridges or make other arrangements for crossing over ditches or around
struciures, the Contractor's responsibiliiy for accidents shall include the roadway
approaches as well as ihe crossing struciures.
10.5 BARRICADES, LIGHTS AND WATCHM�N
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 expei�se, furnish, erect and mainiain sufficie�lt
ban•icades, fences, lights and danger signals, shall provide sufficient watchmen, and shall
take such other precautionary measures as are riecessary 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 ilie Contractor's name and shall be illuminated
by lights fi•om sunset to sunrise. The term "lights," as used in this Paragraph, shall mean
flares, flashers, or otl�er illuanii�afied devices. A suff cient number of barricades with
adequate markings and directional devices sl�all also be erected to keep vehicles from being
driven on or inio 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 inaintenance of barricades, signs, and
lights, and for p�•ovidin� watclunen, shall not cease uniil the Project has been finally
accepted by the Owner.
10.6 PUBLIC UTILITIES AND OTH�R PROP�RTIES TO BE CHANGED
I�� case it is necessary to change or move ihe property of ihe Owner or of any
telecoinmunications or public utility, such properly shall not be removed or interfered witl�
until ordered to do so by ihe Architect/�ngineer. 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
clianges or repairs of their property that may become necessary duri�ig the performance of
the Work. The Owner reserves the right of entry upon tl�e Project site for any purpose,
including repairing or relaying sewer and water li�les and appurtenances, repairing
structures, and for making oiher repairs, changes, or extensions to any of the Owner's
property. The Owner's actions shall conform to the Contracior's current and approved
schedule for the performance of tlae Work, provided that proper rzotif cation of schedule
requireme��is lias been give�i to the Owner by tl�e Cont�•actor.
10.7 T�MPORAI2Y STORM SCWER AND DRAIN CONN�CTIONS
When existing storm sewers or drains have to be taken up or removed, the Contractor shall
at his own expense provide and maintain temporaxy outlets and connections for all public
and private storm sewers and drains. The Coniractor shall also iake care of all storrr►
sewage and drainage wliich will be x•eceived from tliese storxn drains and sewers; for this
purpose, the Contractor shall provide and ra�aintain, at the Contractor's own eapense,
adequate pumping facilities and temporary outlets or diversions. The Contractor shall, at
the Co��tractor's own expense, construct such troughs, pipes, or oiher structures necessary
and shall be prepared at all tiines to dispose of storm drainage and sewage received from
these temporary connections until such tia��e 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 abando��ed 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 CHARG� FOR WAT�R FURNISHED BY TI�E OWNER;
ELECTRICITY FOR TH� PROJECT
(a) Wlien the Contractor desires to use the Owner's water in connection with tlae Work, the
Contracior shall make complete and saiisfacto�•y airangemeilts with the Denton Water
Utilities Department and shall be responsible for the cost of the watez' the Contracior
uses. Wllere 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 estitnates made by the Denton Water
Utilities Department.
(b) The Contractor shall make complete and satisfactory arrangeinents for electricity and
metered electrical connections wiih the Ow��er or with Denion Municipal Electric in the
event that separately metered electrical connections are required for the Project. The
Conti•actor shall pay for all electricity used in the performance of the Work through
separate �netered electrical conneciions obtained by the Contractor tlu•ough the City of
Denton.
10.9 USE OF FIRE HYDRANTS
Tlie Contractor, Subcontractors, and any other person workin� on the Project shall not
open, turn off, interfere with, attach any pipe or hose to, or connect anything with a�iy f re
hydrant, stop valve, or stop cock, or iap any water main belongi��g to the Owner, u�iless
duly authorized to do so by the Denton Water Utilities Departn�ent in accordance with the
Denton City Code.
10.10 �NVIRONMCNTAL COMPLIANC�
(a) The Contractor and its Subcontractoi•s are deemed to have made themselves familiar
with and at all times shall comply with all applicable federal, state or local la��vs,
rules, re�ulations, ordinances, and rules of con�mon law now in effeet (including aiay
amendme��ts now in effect), relating to the environrnent, Hazardous Substances or
eaposure to Hazardous Substances, including but not ]imited to the Comprelaex�sive
��ivironmental Response, Compensation and Liability Act of 1980, �2 U.S.C.A. §§
9601, et seq.; the Hazardous Materials Transportatio�i Act, 49 U.S.C.A. §§ 1801, et
seq.; the Resoui•ce Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et
seq.; the Fedez•al Water Pollution Conirol Act, 33 U.S.C.A §� 1201, efi 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., aild any
current judicial or administrative inier��retation of these laws, rules, regulaiions,
ordinances, or rules of common law, ia�cluding but not limited to any judicial or
administrative order, consent decree, or judgment affecting the Project.
(b) In the event the Coniracior encounters on the site materials reasonably believed to be
a�-Tazardous Substance tliat have not been rendered harmless, and removal oi' sucl-►
inaterials is not a part of the scope of Work required under the Contract Documents,
the Coiatractor shall immediately stop Work in the affected area and report in writing
the facts of such encounter to the Architeci/E�Z�ineer and the Owner. Work in the
affected area sl�all not tliereafter be resumed except by written order of the Owner
unless and until filae material is determined not to be a Hazardous Substance or the
Hazardous Substance is remediated. The Owner may choose to remediate ihe
Hazardous Substai�ce with a separate contractor or through a Change Order with the
Contractor. Tf the Owner determines that the Hazardous Substance exists i�� the
affected area due to the fault or negligence of the Contractor or any of its
Subcontractors, the Contractor shall be responsible for remediatin� the condition at
the sole expense of tl�e Contractor in accordance with the Contractor's APPROVED
Spill Remediation Plan. An extension of ihe Contract Time for any delay in the
progress scl�edule caused as a resuli of the discoveiy and remediation of a Hazardous
Substance may be granted by the Owner only if all remaining Work on the Project
must be suspended and tl�e delay cannot be made up elsewhere in the progress
schedule. Any request for an extension of the Contract Time xelated to the discovery
and i•emediation of a Hazardous Substance is subject to the provisions of Paraga�aph
4.3 and Article 8.
(c) The Coiat�•acto�� sliall be responsible for identification, abatement, cleanup, conirol,
removal, ��emediation, and disposal of any Hazardous Substance brought into or upon
the site by tl�e Contractor or any Subcontracior or Supplier. The Contractor shall
obiain any and all perinits necessary for the legal and proper handling, transportation,
and disposal of the I3azardous Substanee and shall, prior to undertaking any
abateia�ez�t, cleanup, control, removal, remediation, and disposal, notify the Owner
and tl�e Ax•chiteci/Engineer so ihat they may observe the activities; provided,
however, ihat it shall be the Coniractor's sole responsibility io coanply with all
applicable laws, rules, regulatio�as, or ordinances governing the activities.
(d) Spill Prevention Plan. At least seventy-two (72) hours p�•ior to commenci»g
performance of any of the Work at the Project site, the Contractor shall submit to tlie
Owner for review and approval a Spill Prevention and Response Plan (SPRP) meetin�
the requirements of federal and state law, rules, and regulatioi�s. The SPRP shall be
specially designed for the Contractor's planned work methods and procedui•es. The
SPRP shall be designed to complement all applicable safety standards, fire prevention
regulations, and pollution prevention policies and procedures. The SPRP shall ii�clude
estimates of ihe quantity and rate of flow should equipment fail, and detail
contaimnent or diversionary sta�uctures to prevent spills fi•om leaving the site or
migrating into adjacent properties or navigable waters. The SPRP sliall include
methods of recovery of spilled materials and all applicable twenty-four (24) hour
emergeilcy phone nu�nbers, including without lin�itation that of ihe Owner's Project
Manager or other designated representative. The Contractor shall not comrnence any
f eld 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,
whetl�er or not it is associated with this Contract, to the Owner's Project Manager
or otl�er designated representative. Thereafter, within two (2) workilag days after
the occurrence of such event, the Contractor shall submit a written report
describing such event in a degree of detail reasoi�ably acceptable to the Owner.
(2) The Contractor shall inamediately respond in accordance with the SPRP in the
event of a spill.
(3) Tl�e Contractor shall dispose of spilled materials in accordance with EPA and
Texas Commission on �nvironmental Quality (TCEQ) regulations and any other
applicable %deral, 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
jurisdictio�i over the maiter. ALL COSTS OF COLL�CTION, CONTAINMENT,
AND DISPOSAL OF SPILL�D MATERIALS SHALL BE THE SOLE
R�SPONSIBILITY OT' TH� CONTRACTOR.
(4) For purposes of tllis Subparagraph (e), the term "spill" includes any kind of
environmental discharge or release.
(e) Clean Air Managemeni 1'lan. The Contractor shall comply with ihe Clean Air
Management Plan submitted to and approved by the Owner during tlie contractor
selection process. The Owner reserves the right, at ille Contractor's sole expense, to
require tlie removal or retrofitting of any equipment used in the course of construction
that does not coia�ply witll tlie Plan submitted to and approved by the Owner.
(� The Contracior shall deposit suiplus or wasie excavation or otlier matea•ials removed
as part of tlie Work at a legal disposal site in accordance with all applicable state,
federal, and local laws, rules, regulations, and ordinances. The Contracior shall
submit to tlie Owner for review aa�d approva] all planned disposa] 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 excavaiion or other materials shall be obtained and retained in tlie
Contractor's records for reference purposes, to be provided upon request to the
Architect/E�igineer, the Owner, or any governmental regulatory agency with
jurisdiction over the matter.
(g) The Conii•actor is responsible for obtaining all TXPD�S Storm Water Permits from
TCEQ for construction of the Project under regulations cot�tained i�� 40 CPR Part 122,
as atne�ided, pursuant to the Clean Water Act, 33 U.S.C.A. §�1251 et seq. These
�•e�ulafiio��s require tlie f ling of a notice of intent to obtain and abide by the general
siorm water permit for constniction activities promulgated by EPA, includin� but not
limited to cleaning, grading, and excavation that disturb ihe applicable amoui�t of
total land area. In addition, the Contractor shall comply with all regulations of the
Owner relating to stor�n water and storm water runoff management at the Project site
pursuant to Chapter 19, Afl:icle IX, Denton City Code, as amended.
(h) The Contractor shall not install any mafierials in the perforn�ance of the Work that
contain asbestos or asbestos-xelated material such as hydrated miiaeral silicate,
including chrysolite, ainosite, crocidolite, tremolite, anthophylite or actinolite,
whether fi•iable or non-friable.
(i) The Owner reserves the right in its sole option to exercise the following remedies
(witllout waiving the riglit to pursue the imposiiion 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 tile Contractor fails or i•efuses after seven (7) days advance written notice from
the Owner to comply with tlie provisions of this Paragraph 10.10, the terms of the
SPRP, ilie te�•n�s of the Clean Air Management Plan, any storm water permit or other
e�iviron�ne�rtal pea•mit issued in connection with the Work, or any applicable
environmental law, rule, re�ulation, or ordinance:
(1) suspend all or any portion of the Work until tl�e nonco�npliance is corrected, or
u�itil a detailed plan to acliieve compliance wiiliin a reasonably prompt period of
time is prepared Uy the Coi�t�•acto�- and approved by tlie Owner;
(2) if the Contractor fails to properly address ihe noncompliance within the time
stipulated by the Owner, perform the necessary rei�iediation or correction work
and backchar�e the Conlracto�• for the cost of tl�e remediation or correction; or
(3) tet�mi�iate the Contract fo�� cause as provided in Article 13.
ARTICL� 11 INSUI2ANCE AND BONDS
11.1 CONTRACTOR'S INSURANC�
Contractors s]aall refer to Atiachment A for all City of Denton insurance requirements.
11.2 PI20P�RTY INSURANC�
Contractors shall refer to Attachment A for all City of Denton insurance requirements.
11.3 `UMBR�LLA' LIABILITY INSURANCE
Contractors shall refer to Attachi��ent A for all Ciiy of Denton insurance ��equirements.
11.4 POLICY ENDORS�MENTS AND SPECIAL CONDITIONS
Contractors shall refer to Attachinent A for all City of Denton insurance requirements.
11.6 PERFORMANC� AND PAYM�NT 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 amounis required in this Para�raph, the surety bonds described in Clauses
(a)(l ) 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 Contracto�•, as Principal, and by an esiablished
bonding company, as surety, meeting the requirei��ents of Subparagraph 11.3(c) and
approved by tlie Owner. The surety bozids shall be accompanied by an appropriate
Power-of Attorzley clea�•ly esiablisl�ing the e;ctent and limitations oitl�e authority of each
signer to so sign:
(1) Performa�ace Bond. A good and sufficient bond in an amount equal to 100% of tlie
total Contract Sum, guaranteeing the full and faithiul execution of the Work and
perfo�mance of the Contract in accorda�ice with Plans, Specifications and all other
Contract Docun�ents, 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 worlananship that appear within a period of two (2) year fi�om
the date of final compleiion and acceptance of ihe improvements by the Owner or
lesser or longer periods as znay be otherwise designated in the Contract Documents.
(2) Payi�ient Bond. A good and sufficient bo�xd in an amount equal to 100% of the total
Contract Sum, guaranteeing ihe full and prompt payment of all claimanfis supplying
laboz� or nnaterials iia the prosecution of the Work provided for in the Contract
Documents and any An�ea�dments thereto, and for the use and protection of each
claimant.
(b) lf the Coi�tract Suxa�, including Owner-accepted alternates and allowances, if any, is
greater than $100,000, Performance in 100% of ihe Contract Suin are mandatoiy and
shall be provided by the Co�atractor. Tf the Contraci Sum is greate�� than $50,000 but less
than or equal to $100,000, only a Payment Bond iaa 100% of tlie Contract amount is
mandatory; provided, however, that ihe Contractor may elect to furnish a Pe�•formance
Bo��d in the same amount if the Coi�tractor so chooses. If the Contract Sum is less tlian or
equal to $25,000, the Contractor �nay elect not to provide Performance and Payment
Bonds; provided that in such event, no money will be paid to the Contractor until fnal
coxnpletion and acceptance of all wo�•k by Owner. lf the Contractor elecis to provide
Performance and Pay�nent 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 tl�e Owner who is now in default or delinquent on any
bonds or who is a party to any litigation a�ainst the Owner. All bo��ds shall be made and
executed on the Owner's standa�-d forms, shall be approved by the Owner, and sl�all be
execuied by not less than one corporate sureiy tl�.at is autliorized and adniitted io do
business in the State of 1'exas, is licensed by tlae Staie of Texas to issue surety bonds, is
listed in tlae most cun�ent United Siates Deparinieni 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 Dento�i 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, parinership, coxnpany, firm, Limited Liability Company,
association, corporation, or other business ei�tity to whom the Coniract is awarded shall,
within ten (10) days af�er sucll award, sign the required Contract witl� 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 Atiorney, executed for tlie Owner by tl�e City Maiaager,
the performance and payment bonds and evidence of insurance have been furnished as
��equired by the Contract Documents, and the fully executed contract has been delivered
to the Contractoz•.
(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 Owaier can assemble and deliver the Contract shall consiitute a
ivafierial breach of the Contractor's bid proposal and the Owner may rescind the Contract
awai•d and collect or retain the proceeds of the bid security. By reason of ihe uncertainty
of the market prices or mafierials and labor, and it being impracticable and difficult to
determine accurately the ai�iounfi of damages occurring to ihe Owner by reason of the
Contractor's failure to execute and furnish ihe statutory bonds and to sign the Contract
within ten (10) days, tl�e tling of a bid proposal with the accompa�aying bid security will
be considered as an acceptaa�ce of tllis Subparagrapl� l 1.3(e). In the event the O���nei•
sllould re-advertise foi• bids, the defaulting Contractor sliall ��ot Ue eligible to bid, a��d ilae
lowest responsible bid obiained in tlie re-advertisement shall be the bid x•eferred to in this
Paragraph.
ARTICLE 12 DEF�CTIV� ANll NONCONFORMING WORK
12.1 UNCOV�RING OF WORK
(a) If a portion of ihe Work is covered contrary to the Architect/Engineer's requesi or to
requirements specifcally expressed in the Contract Documents, the Work inust, if
required in writin� by the Architect/�ngineer, be uncovered for the
Architect/�ngineer's obse��vation 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 Cont��actor. If such Work is
in accordance wiili the Contract Documents, costs of uncovering and replacement shall,
by appropriate C1latage Order, be cliarged to the Owner. If any Work is not in
accordance witla the Contraci Documents, the Contractor shall pay the costs of
uncovering, repair, replacement unless the condition was caused by the Ov�mer 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 coi7ect Work rejected by the Architect/Engineer as
failing to conform to the requirements of the Conh�act Documents, whether observed
before or after Substantial Completio�l 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) Tf any of the Work is found to be defective or no�icoilforming with the requirements of
the Contract Documents, the Contractor shall correct ii promptly after receipt of written
notice from the Architect/�ngi�ieer or the Owner to do so unless the Owner has
previously given the Coniractor a wriiten acceptance oz• waiver of the defect or
nonconformity. The Contractor's obligation to correcfi 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 con�zi�iencement of warc•ai�ties established by agreement
in connection with partial occupancy under Subpara�raph 9.8(a); or
(3) tl�e stipulated duration of any applicable special warranty required by the Contract
Documents,
(c) The one-year period described in Clauses (b)(] ) and (b)(2) shall be eatended with
respect to portions of the Work performed, repaired, or con•ected after Substat�iial
Completion by the period of time between Substantial Completion and the actual
conipletion of the Work.
(d) The obligations of the Contraetor under this Paragraph 12.2 shall survive final
acceptai�ce of the Work and termination of this Contract. The Owner shall give notice
to the Contractor promptly after discovery of a defeciive or nonconfoxmiaig condition in
the Work. The one-year period siated in Clauses (b)(1) and (b)(2) does not limit the
ability of the Owner to require the Contractor to correct laiei�t defects or
nonconformities in tlae Work, wl�ich 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 inspectio�� for certificaiion of
Substantial Co�nplefiion or Final Completion. The one year period also does not xelieve
the Cox�tracior from liability for any defects or def ciencies in the Work that may be
discovered after the expiration of the one year correction period.
(e) The Contractor shall remove fi•om the Project site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neitl�er corrected
by the Contractor nor accepted by the Owner.
(� Tf the Contractor fails to corl•ect defective or nonconforming Work within a reasonable
timc afier notice from the Owne�� or the Arcl�itect/�ngineer, the Owner may correct it in
accordance with Paragraph 2.4. If the Contractor does not proceed with correction of
defective oz� nonconforming Work within a reasonable time fixed by written notice
from the Architect/�n�ineer, the Owner may remove or replace the defective or
nonconforming Work and siore the salvageable materials or equipment at the
Contractor's expense. If the Co��tractor does not pay costs of renaoval and storage
within ten days after written notice, the Owner may, upon ten (10) additional days
written notice, sell ihe materials and equipment at auction or at private sale and sl�all
accot�nt for the proceeds after deducting costs and damages that should have been borne
by the Contractor, including compensation for the Architect/�ngineer's services and
expenses made necessary as a result of the sale. If the p�•oceeds of sale do �iot cover
costs which the Contractor should have borne, the Contract Sum shall be reduced by the
de�ciex�cy. If payments due to the Contractor tl�en or thereaficr are not sufficient to
cover tl�e def ciency, the Contractor shall pay the difference to the Owner.
(g) Thc Co��ix•acto�• shall bear the cost of correcting destroyed ox• damaged construction of
the Owne�� oz• separate contractors, whether tl�e constructio�� is completed or partially
con�pleted, that is caused by the Contractor's cor��ection or removal of Wo��k which is
��ot i�l accordance with the requirements oithe Contract Documents.
(l�) Nothing contained in this Paragraph 12.2 shall be construed io establish a period of
limitation wiih respect to other obligations which the Contractor might have under the
Contract Documents. �stablishment of the one-year time period as described in
Subparagraph 12.2(b) relates only to the speci�c obligation of tlie Coniractor to correct
the Work, and has no relationship to the time within which the obligation to comply
with the Contract Documenis may be sought to be enforced, nor to the time within
w11ic11 proceedings may be commenced to establish the Contractor's liability willi
respect to the Contractor's obligations other than specifically io correct the Work.
(i) Any Work repaired or replaced pursuant to this Ariicle 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 nnay, in the Owner's sole discreiion, accept Work which is not in accordance
with the requiremenis of the Contract Documents insfiead of requiring its removal and
cor�•ection, in which case the Contract Sum will be reduced as appropriate and equitable.
The adjusttnent will be accomplished whether or not final payment lias been nlade.
ARTICLE 13 COMPLETION OF TH� CONTRACT; TERMTNATION; TEMPORARY
SUSPENSION
13.1 FINAL COMPLETION OF CONTRACT
The Contract will be considered completed, except as provided in any warranty or
maintenance stipulations, boi�d, or by law, when all the Work has been finally completed,
the f nal inspection is made by ihe Architect/Engineer, and f�ial acceptance and final
payment is inade by the Owner.
13.2 WARRANTY FULFILLMENT
Prior to the expiration of the specified warranty period provided for in the Contract
Documents, tlie Architeci/Engineer will naake a detailed inspection of the Work and will
advise the Contractor and the Cont�•actor's Surety of the iterns that require cor�•ection. The
Architect/Engi�aeer will liaake a subsequent inspection and if the corrections have been
p��operly performed, th� Arcl�itect/Engineer will issue a letter of release on the maintenaiace
stipulations to tlie Contractor and the Surety. Tf for any reason tlle Contz'actor has not xnade
the required correctioiis before the expiration of the warranty period, the warranty
provisions as provided for in the Contract Documenis sliall 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 in�mediately by ihe Owner for any good cause
after giving seven (7) days advance wriiten notice and opportunity to cure to the
Contractor, including but not limited to the following causes:
(1) railure or refusal of the Contractor to start the Work within ten (l0) days after the
date of written notice by the Owner to co���mence the Work.
(2) A reasonable belief tl�at ihe pro�ress of the Work being made by the Contractor is
insuffcient to colnplete the Work within the specified time.
(3) Failure or refusal of the Contractor to provide sufficient and proper equipment or
construction forces to properly execuie the Work in a timely manner.
(4) A reasonable belief that the Contractor has abandoned the Work.
(5) A reasonable belief that the Co��tractor has become insolveni, bankrupt, or
otherwise financially unable to can'y on tl�e Work.
(6) I'ailure or refusal on tlie part of the. Contractor to observe any requirements of the
Contract Documents or to comply with any wriiten orders given by the
ArchitecUEngineer or the Owner as provided for in the Contract Documents.
(7) Pailure or refusal of the Coniractor to promptly �x►ake good any defects in materials
or workmanship, or any defects of any nature, the coiti•ection of which has been
direcied i�i 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 perpet�•ated oia the Owner in connection with the construction of Work under
the Contract.
(9) Repeated and flagrant violation of safe working procedu��es.
(10) The filing by tlie Contractor of litigation against the Ow�ier prior to completion of
the Work.
(b) When the Work or any portion of the Work is terminated for at�y of the causes
itemized above or for any other cause except te�•mination for convenience pursuant to
Subparagraph 13.3(e), tlie Contractor shall, as of the date specified by the Owner,
discontinue the Work or portion of the Work as il�e Owner shall designate, whereupon
the surety sk►all, within ffteen (15) days after tlae written tlotice of terminaiion for
cause has been served upon ih� Contractor and the surety or its authorized agents,
assu�ne t11e obligations of tlie Contraetor for the Work or tliat portion of ihe Work
whicli the Owner has ordered the Coniractor to discontinue and inay:
(1) perform the Work with forces employed b}� the surety;
(2) with the written consent of tlae Owner, tender a replacement contractor to take over
and perform ihe Work, in which evei�t the sureiy shall be responsible for and pay
the amount of any costs required to be incurred for the completion of tlae Wo�•k that
are in excess of the amourzt of funds remainin� under the Contract as of the tinne of
the termination; or
(3) with tl�e written consent of the Owner, tender and pay to the Owner in settlement
the amount of money necessary to fnish ihe balance of uncompleted Work u�ider
tlie Contract, cor�•ect existing defective or nonconfor�nin� Work, and compensate
ihe Owner for any other loss sustained as a result of Contx•actor's default.
In the event of terminaiion for cause involving Clause (b)(1) or (b)(2), the Surety
shall assume the Contractor's place in all respects, and ihe anzount of funds
remaining unpaid under the Contract shall be paid by ihe Owner for all Work
performed by t]Ze surety or the replacement contractor in accorda��.ce with the terms
of ihe Contract Documents, subject to any rights of the Owner to deduct any costs,
dainages, or liquidated or actual damages that the Owner may have incurred,
including but not limited to additional fees and expenses of the Architect/En�i��eer
and attorneys fees, as a result of such termination.
(c) The balance of the Coniract Sum rem.aining 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 ihe Co�itract 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 Coniractor 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 coinpletion of the Work, and to charge to the
account of the Contractor the expenses of completion and labor, materials, tools,
eguipment, and incidental expenses. The expenses incurred by the Owner to complete
the Work shall be deducted by tlie Owner out of tl�e balance of the Contract Sum
remaining unpaid io or ui�earned by tlie Coniractor. The Contractor and the surety
shall be liable to the Owner for az�y costs incurred in excess of the balance of the
Contract Sum for the completion and correction of ihe Work, and for any other costs,
damages, expea�ses (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 ihe Work of cox��pleting
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. I�l case the Owner's
expense zs less than the sum which would have been payable under the Contract, if the
same I�ad been conapleted by the Contractor, then the Ovv�ier may pay to the
Contractor (or ihe Surety, in the event of a complete termination for cause) the
difference in the cost, pi•ovided that the Contractor (or the Surety) shall z�ot be entitled
to any clai��1 for da�i�ages or for loss of anticipated profts. In case such expenses for
completion sllall exceed the amount whicla would have been payable under ihe
Contract if the same had been completed by the Contractor, the�� the Contractor and
liis Sureties shall pay the amount of tl�e excess to the Owner on notice fro�n ihe Owi�er
for excess due. When only a parlicular part of the Work is being carried on by the
Owale�• by contract or otherwise under the provisioias of this Subpara�;raph, tlie
Contractor shall continue ihe remai»der of the Work in conformity with the terms of
the Contract, and in sucl� n�anner 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 tl�e Owner (includin� but
iiot limited to nonapprop�•iaiion of funding) is expressly retained by the Owner. In tl�e
event of termination for com�enience, the Owner shall deliver ai least ten (10) days
advance written notice of iermination for convenience to the Contractor. Upon the
Contractor's receipt of such written nofiice, the Contractor shall cease the performance
of tl�e Work and shall take reasonable and appropriate action to secure a��d p�-otect 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 incuzxed, anaterials stored at the Project site or away from the Project site as
appxoved by the Owner but not yet paid for, plus actual, reasonable, and documented
termination charges, if any, paid by the Co�itractor in coi�.nection 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) Tlie Work or any portion of tlle Wox�k may be temporacily suspended by the Owner
immediately upon written notice to the Contractor for at�y reason, including but not
limited to:
(l) tlie causes described in Clauses 13.1(a)(1) through (a)(10) above;
(2) where other provisions in the Contract Documents require or permit iemporary
suspension of the Wo��k;
(3) situations where the Work is threatened by, contributes to, or causes an immediate
threat to public laealtli, safety, or security; or
(4) other unforeseen co�lditions or circumstances.
(b) The Contractor shall immediately resume the ten�porarily suspended Work when
ordered in writing by the Owner to do so. The Owner sl�all not uzlder any
circumstances be liable for any claim of the Contractor arising fronl a tempora�•y
suspension due to a cause described in Clause (a)(1) above; provided, ho���ever, that in
tlae case oia iemporary suspension for any of ilae reasons described u�ader Clauses
(a)(2) through (a)(4), where the Contractor is not a contributing cause of the
suspension under one of tliose Clauses or where the provision of the Contract
Documents in questioi� specif cally provides that the suspension is at no cost to the
Owner, the Owner will make an equitable adjustment for the following iteins,
provided that a claim is pz�operly made by the Contractor under Subparagraph 4.3 of
tlaese General Conditions:
(1) an equiiable extension of the Contract Tin�.e, not to e�ceed the actual delay caused
by the temporary suspension as deterniined by the Architect/�ngineer and the
Owner;
(2) an equitable adjustment to the Contract Sum for the acfival, necessary, and
reasonable costs of properly protecting a��y Work that is finished or partially
finislied duriz�g the period of the temporary suspension (no profit and overllead
shall be allowed on top of these costs); and
(3) if it becomes necessary to move equipment from the Project site and ihen return it
to tlle Project site when the Work is ordered to be resumed, an equitable
adjusti�lent to the Contract Sum for the actual, necessary, and reasonable cost of
tl�ese nioves; provided, however, that no adjustment shall be due if ihe equipnient
is moved to another Project site of the Owner.
ARTICL� 14 MISC�LLANEOUS PROVTSIONS
14.1 GOV�RNING LAW; COMPLIANCE WITH LAWS AND REGULATIONS
(a) This Co�rtract 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) Tliis Coiitract is entered into subject to and cont�olled by the Charter and ordinances of
tl�e City of Denton and all applicable laws, rules, aud regulations of the State of Texas
atld the Government of the United States of America. The Contractor shall, during the
performance of the Work, co�nply with all applicable Ciiy codes and ordinances, as
amended, and all applicable State and Federal laws, rules and regulations, as amended.
14.2 SUCC�SSORS AND ASSIGNS
The Owner and tlie Contractor respectively bind tllemselves, theix� partners, successo��s,
assigns, and legal representaiives to the pronlises, covenants, terms, conditio��s, and
obligations contained iz1 tlle Contract Docuinexits. Tlae Contractor shall not assign, trax�sfer,
or convey its interest or rights in the Contract, in part or as a whole, without vv�•ittex� consent
of tlle Owner. If the Co�itractor attempts to make an assignn�e�lt, t�•az�sfer, or conveyance
without the Owner's written co�isent, the Contractor shall nevertheless remain legally
responsible for all obligations under the Coniract Documents. The Owner shall noi assign
any portion of the Contract Sui�� due or to become due under this Conta-act without the
written consent of the Conta•actor, exc�pt wllere assignnnent is compelled or allawed by
court order, the terms of the Contract Documents, or other operation of law.
14.3 WRITT�N NOTICC
�xcept as otherwise provided in Article 16, any xlotice, payment, statement, or demand
required or permitted to be given under this Contract by either pai•ty to the other may be
effected by personal delivery in ��n�iting or by mail, postage prepaid to ihe Project Manager
or Superintendent of either pai�ty, or to an off cer, pai•tner, or otller desig��ated represeniative
of eiiher pa�•ty. Mailed notices shall be addressed to the parties at an address designated by
eacll party, but each party may change its address by wi•itten notice in accordance with ihis
section. Mailed notices shall be deemed communicated as of three (3) days after mailing.
14.4 RIGHTS AND R�IVYCDI�S; NO WAIV�R OF RIGHTS BY OWN�R
(a) The duties and obligations imposed on the Contractor by the Cont�•act Documents and
the rights and remedies available to the Owner under the Contract Documents shall be in
addition to, and not a liinitatio�i of, any duties, obligations, rights, and remedies otlierwise
imposed or made available by law.
(b) No action o�• failure to act by the Owner shall constitute a waiver of a��ight afforded the
Owner under the Contract Documents, nor shall any action or :Failure to act by the Owner
constifiute approval of or acquiescence in a breach of the Coniracfi by Contractor, except as
may be specifically agreed in writing by Chan�e Order or Supplemental Agreement.
14.5 INTERTST
Tlle Owz�er shall not be liable for interest oia ax�y progress or final payment to be made under
the Contract Documeiats, except as may be provided by the applicable provisions of the
Prompt Payment Act, Cliapter 2251, Texas Governznent Code, as a�nended, subject to
Pa�•agrapl� 9.6(a) of these General Condifiions.
14.G OFFIC�RS OR EMPLOY��S OF TH� OWNER NOT TO HAVE FINANCIAL
INT�R�ST IN ANY CONTRA.CT OF TH� OWN�R
No officer or employee of tlie Owner shall 11ave a fnancia) interest, di�•ect or indit�ect, in any
Contract with the O��ier, or be financially interested, di�•ectly or indirectly, in the sale to the
Owner of any land, matei•ials, supplies oi• services, except on behalf of the Owner as an
off cer or employee. Any violation of this arlicle shall coi�stitute malfeasance in of�ce, and
a�iy officer or employee of Owner guilty thereof shall tl�ereby forfeit his of�ce or positio�i.
A�ly violation of this section, with the knowledge, express or implied, of the pe�•son,
persons, partnership, company, f rm, associaiion or corpo��ation contracti�ig with the O���ner
shall render the Contx-act ix�volved voidable by t)�e Owner's City Mana�er or City Cou»cil.
14.7 V�NU�
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 TNDEPENDENT CONTRACTOR
In performing the Work under this Contract, the relationship beiween the Owner and the
Contractor is thai of an independent contractor. The Contractor shall exercise independent
judgment in perfornning the Work and is solely ��esponsible for setting working hours,
schedulin� or prioritizing the Work flow and deterrraining the means and methods of
performing the Work, subject only to the requiremezits of the Contract Docuzl�.ents. No term
or provision of tl�is Contract shall be construed as making the Contraetor an a�ent, servant,
or employee of the Owner, or making the Contractor or auy of ihe Contracior's en�ployees,
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 tliis 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, ��ational ori�in, age, sex, or
handicap unrelated to job performance, either directly, indix•ectly or through contractual or
other an•angements. The Contractor shall also comply witl� all applicable requirements of
the Americans with Disabilities Act, 42 U.S.C.A. §�12101-12213, as amended. Tn this
regard, the Contractor shall keep, retain and safeguard all records relating to his Contract or
Work perfortned thereunder for a minimum period of three (3) years from final Coniract
completiozi, with full access allowed to autliorized representatives oithe Owner, upon
request, for purposes of evaluating compliance with this and other provisions of ihe
Contract.
14.10 GIFTS TO PUBLIC SERVANTS
(a) Tlie Owner may ierminate ihis Coniract immediately if the Contractor has offered,
conferred, or agreed to confer any benef t on a City of Dention employee or off cial
that the City of Denton employee or official is prohibited by law fi•om accepting.
(b) For purposes of this Article, "benef t" ineans anything reasonably regarded as
pecuniary �ain or pecuniary advanta�e, including benef t to aiay other person in
whose welfare the beneficiary has a dii•ect or substantial interest, but does not include
a contribution or expenditure made and reported in accordance with law.
(c) Notwithstandii�� any other legal ��emedies, the Owner may z•equire tlie Coz�.tractor to
remove any employee of the Contracior fi•o�a� the Project wl�o has violated tlie
resirictions of this Article or aa�y similar State or I'ederal law, and obtain
i•eimbursement for any expenditures xnade to tl�e Contracior as a result of ihe
improper offer, agreement to confer, or conferring of a benefit to a City of Denton
e�nployee or offcial.
ARTICL� 15 RIGHT TO AUDIT CONTRACTOR'S R�CURDS
By execution of the Building Constructioii Services A�reement, ihe Contracior 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 Coniractor agrees to retain its
Project records for a minimum of fve (5) years followiiig completioia of the Work. The Owner
agrees that it will exercise the right io audit only at reasonable l�ours. City niay review any and
all of the services performed by Contractor under this Contract. Any payment, settlement,
satisfaction, or release inade or provided during the course of performance of this Contract sl�all
be subject to City's rights as may be dasclosed by an audit under this section.
ARTICLE 16 NOTICE OF CONTRACT CLAIM
This Coa�tract is subject to the proY�isions of the Denfion CiTy Code, as amended, relating to
requirements for f ling a notice of a breach of contract claim against City. Contractor sliall
comply with the requirements of this ordinance as a precondition of any litigation relating to this
Contract, in addiiion to all other requirements in this Contract z•elated to claims and notice of
claims.
Should a conflict arise behvicen the PO, RFP document, supplier terms, drawinss,
snecifications. construction document. or contr•��t: the term� and conditions set forth in thc
+��! � ��' �i���t+��x ��n��•�1 +�'€ar�t�i�i���� ;�:�� ll�� �e +�fi�tcr� c�rntr��,t �����1 r�v��l.
xiit
i 1� i
, �• , • . � � � r
ADDITIONAL T�RMS AND CONDITIONS
Contract Term
It is t11e ii�tex�tion of the City of Denton io award a contract for construction of the project as
described in the drawings and specif cations. Materials and services undertaken pursuat�t to this
RrP will be required to con�naence within fourteen (14) days of delivery of a Notice to Proceed.
Tl1e services shall be accomplished per the Scope of Work as identified in Section 11I, the
Procurement Process and Procedures as outlined in Section II, and shall confo�x�i to the
a-equirements contained in the Technical Specification in Exhibit 2, and Technical Drawings in
Eahibit 3.
Tl�e Contract shall commence upon the issuance of a Notice to Proceed by the City of Denton
and shall automatically expire upon completion of the work and acceptance by the City of
Denfion.
Pricin
Ozlly firm, lump sum pricing with no escalation will be accepted for this project.
1'ricc Adiustments
Price adjustments will not be allowed for this projeci unless a change in scope is approved that
inc�•eases or decreases the amount of work required.
Requests or proposals for changes in scope xnust be submitted in writing with documentation that
provides justi�cation for the change and supporting evidence tliat describes the basis for the cost
change.
Upon receipt of sucl� �•equest, the City of De�aton reserves ihe right to eithcr: accept the proposed
change as competitive with the general market price at the time and issue appropriate
authorizaiions or reject the increases within 30 calendar davs after receipt of a properly
submitted request. No work shall be undertaken on a proposed change until authorized by the
City of Denton in the forin of a Purchase Order change and/or otl�er documentation appropriate
to amending the cot�tract.
The request can be sent by e-mail to: purchasin�,,�(a�cityofdenton.com
Or mail to:
City of Denton
Attn: Purchasin� Manager
RFP # 4811
901 B Teaas Street
De�lton, Texas 76209
Or call:
City of Denton Purchasin�
(940) 349-7100
The City of Denton reserves the right to accept, reject, or negotiate any proposed price cl�anges.
uantities
The quantities indicated on the drawings and iii the Technical Specification are believed to be
accurate but sliall be considered only as estimates. The project requires complete and functional
coiastruction of tl�e substation perimeter fence in accordance with the dianensions prese��ted oii
the project documents. Differences betweea� the quaniities of material required and the estimated
quantities will not be considered as basis for a cl�ange in t11e price for the project. In sub�nitting a
proposal, the proposer is stating tl�at he has reviewed the project drawings and speci�cations and
understands their intent and l�as checked the quantities and diane��sion and is asserting that the
proposal is i��teiaded to account for all conditions and quantiiies to compleie the project as
described in the plans and specifcation.
Substitutions
Substitutions are not permitted without the writien approval of the City of Denton Purchasing
Depai�tment. For substitutions prior to the proposal deadline, this will be accomplished with a
submittal to the Architect/Engineer, and approval by the City representative, and issuance of a
w�-itten addendum. Por substitutions after contract award, ihis will be accon�plished with a
submittal request to the Architect/Engineer, and approval by the City represe�itative, and
issuance of a written contract chan�e order.
Product Chan�es Durin� Contract Tcrm
Tlie sup��lier shall �loi change specif cations during the contract term without prior appi•oval.
Any deviation in t11e specifications ox• change in the product must be approved in advance by tlae
City of Denton. Notice of a change sliall be submitted in writi��g to the Project Manager with ihe
RPP number in the subject line, for review. Products found to have changed specifications
witliout notification, and acceptance, will be rejected and must be removed fxom the site at the
supplier's expense. Products tl�at have been installed shall be replaced at the supplier's expense.
Patent Ri�hts
The contractor agrees to indema�ify and hold l�armless tlie City fi•om any claim involving patent
right infringeznent or copyrights on goods supplied.
Asbestos Free Materials
The contractor shall provide asbestos-fi•ee materials as represented by the Manufacturer's
"Materials Safety Data Slaeets"
i�i 1�t� ft� ��l� ��c���ne���� �nd [�o�x� �ut�r• Sr�ft��ta�•� +����c��r���ac��� Lr��i r�zvrtexMs��i r
Any software, research, reports studies, data, photograplls, negaiives or other docunnents,
drawings or materials prepared by contractor in the perforn�ance of its obligations ui�der this
coxitract shall be the exclusive property of the City and all such materials shall be delivercd to ihe
City by the contractor upon completion, termination, or cancellation of this contract. Contractor
anay, at its own expense, keep copies of all its writings for its personal f les. Contraetor shall not
use, willingly allow, or cause to have such mate�•ials used for any purpose other than the
performance of conta�actor's obligations under this contract withoui the prior written consent of
the City; provided, however, that contractor shall be allowed to use non-conf dential materials
for writi�ig samples in puz•suit of the work.
The o��vnersllip x�igl�ts desci•ibed l�erein shall include, but not be li�nited to, ihe right to copy,
publish, display, t��ansfer, prepare derivative works, or otherwise use the works.
Addin� Nc�v Products or S�s-�ricc�� #n tl�e C�ntract after Award
Pollowing the Contract award, ADDITIONAL services of the same general category that could
l�ave been encompassed in the award of this contract, and ihat are not already on the contract,
may be added. A forinal written request may be sent to successful Contractor to provide a
proposal on the additional seiviees and shall submit proposal to the City as instructed. All
submitted prices are subject to negotiation in accordance with Texas Government Code 2254.
Thc City nzay acccpt or rcjcct tl�c p�•oposal, and inay issue a separafie RFQ for the services
requested, after rejecting some, or all, of the proposal. The services covered under this p��ovision
sliall confoi7n to tlie siatement of work, specifications, and requirements as outlined in ihe
request. Contract changes shall be made in accordance with Local Government Code 252.048.
Samnles
Respondents must make samples available in accordance with the speci�cation and upon request
by the City of Denton prioi• to award with no costs to the City.
Venue
This agreement shall be govez•ned by the law of the Siate of Texas and venue for its construction
and enforcement shall lie in the courts of Denton County, Texas.
Silence of Snecifications
The apparent silence of these specifications as to any detail or the apparent omission from it of a
detailed description concerning any point, shall be re�arded as a meaning that ihe only best
commercial practices are to pi•evail. All interpretations of these specifications shall be n�ade on
the basis of this statement.
Prevailin� Wa�e Rates
In accordance with Texas Government Code 2258, the awarded coniractor shall comply with
��revailing wage rates as defined by lhe United States Departzneni of Labor Davis-Bacon Wage
Detet�nination at htt�://www.dol.gov/whd/contracts/dbra.ht�n and at the Wage Determinations
website www.wdol.�ov for Denfion County, Texas (WD-2509).
Notwitlistanding any other provision of ihis Contract, the awarded contractor hereby represei�ts
and warrants that the contractor shall pay to each of its employees a wage not less than what is
currently known as the "Federal Minimum Wage" and any increase or amendn�ents thereto.
�'urthermore, contractor sl�all produce proof of compliance with lhis provision by contractor to
the City. The City sllall withhold paynie�lts due to contractor until co�itractor has complied with
this provisio�i. Prior to any payment being made for work satisfactorily completed and accepted,
contz�actor sl�all submit wage rate affidavits with its billzng docuine��ts affrmizag that all
eix►ployees have been paid not less thaaa tl�e current "Pederal Minimum Wage".
Snecial Pcr►nittin� Requirements
The awarded contractor shall work with identif ed City staff to obtain the necessary permits for
construction of ihe project.
Contracts and I3onds
Successfi�l awarded coniractor will be required to sign original contract and submit a
performance and payment bo��ds for 100 perce��t of the total proposal submitted before work is to
commence. The contractor shall assume all costs in increasing the bo�id liniits if chan�e orders
are formally approved. Bonds shall be in accordance with the V.T.C.A Governme��t Code
Section 2253.021, as an�ended.
The Ciiy shall normally retuz�n ihe proposal bonds within tei�. (10) working days afier the
proposal due date, except for the ihree top ranked frn�s. The three top ranked firms will be
retained by the City until the required coiliract and bonds have been executed, after which tliey
shall be returned.
SPECIAL CONDITIONS FOR GRANT FUNDED PURCHASES
DAVIS BACON COMPLIANC� REQUIREMENTS
The Contractoz• shall comply witli the requirements of the Davis-Bacon Wage Act and the Wage
Rate Requiren�ents under Section 1606 of the Recovei•y and Reinvestment Act (tlie Act) and
shall inde�nnify the City from liability for any failure to pay wages in compliance with the Act.
The contractor shall ensure that all laborers and mechanics employed in tlie performance of the
project for which the assistance is provided, including those employed by subcontractors, are
paid wages at rates not less than those prevailing on similar work in the locality as determined by
the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States
Code (commonly referred to as the `Davis-Bacon Act'). The bidder who is awa��ded tl�e Contract
shall pay the wage rate in effect as of the date the Contract is awarded. The Contractor shall
cooperate witli the City by providing ii�formation in the form and frequency requested by the
City concerning the type of work performed, the nutnber of hours worked, and tlle hourly rates
paid for tlle various types of work perfortned by all workers on the Project. The Contractor shall
allow City staff io conduct on-site wage interviews and shall post information concerning the Act
as requested by the City.
All contraclors and subcontractors must comply with Davis-Bacon Wage Rates and the Wage
Rate Requirements of Section 1606 of the Recovery and Reinvestmei�.t Act.
The Waqe Rate Requirements, as stated in the Recovery and__Reinyes_tment Act
Grant are as follows:
THIS AWARD TERM IS APPLICABLE �f? _A_RRA AN�ARDS WHEN WAGE RATE
REQUIREAIENTS UNDER SECTION I60G OF THE RECOVERY ACT__ TERM IS
APPLICABLE. THIS AWARD T�RM IS .�� �n A1�"1'IICABLE TO SUBCRANTS AND
CONTRACTS
Note: Wl�ere necessary to naake the context of these articles applicable to this award, the term
"Contractor" shall mean "Recipient" and the terin "Subcontracto�•" shall mean "Subrecipient or
Subeontractoi•" per the following defniiio�as.
Recil�ienl means the or�a�iization, individual, or other entity that receives an award from DO�
and is financially accountable for ihe use of any D0� funds or properly provided for the
performance of the project, and is legally responsible for carrying out the terms and conditions of
the award.
St�b�°ecipienl means the legal entity to which a subaward is made aiad which is accountable to tl�e
recipient for fihe use of the funds provided. The term may include foreign or international
organizations (such as a�encies of the U�lited Nations).
Davis-Bacon Act
(a)
Defrnilio».—"Site of the work"—
( l ) Means--
(i) The primary site of tl�e work. The physical place or places where ihe construction
called for in the award will remain when work o�a it is connpleted; and
(ii) The secondary site of the work, if any. Any otl�er site where a significat�t portio��
of the building or work is const�ucted, provided that such site is—
(A) Located in the Uniied States; and
(B) Established specifically for the perfornnance of the award or project;
(2) Cxcept as pi•ovided in paragraph (3) of this de�nition, includes any fabrication plants,
mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc.,
provided—
(i) They are dedicated exclusively, or nearly so, to performance of tl�e award or
project; and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as
defned in paragraph (a)(1)(i), or the "secondary site of the work" as defined in
paragraph (a)(1)(ii) of this definition;
(3) Does not include permai�ent home offices, branch plant establishments, fabrication
plants, or tool yards of a Contractor or subcontractor whose locations and continuance
iii operation are deterinined wl�olly without regard to a particular Federal award or
project. I�� addition, fabrication plants, batch plants, borrow piis, job ]leadquarlers,
yards, etc., of a commercial or material supplier which a�•e established by a supplier
of materials for the project before opening of bids and not on the Project site, are not
included in the "site of the work." Such permanent, previously established facilities
are not a part of the "site of the work" even if the operaiions for a period of time may
be dedicated exclusively o�• neai•ly so, to the performance of a award.
(b) (1) All laborers and mechanics eiaaployed or working upon the site of the work will be
paid unconditio��ally and not less often than once a week, and without subsequent
deduction or rebate on any accouni (except such payroll deductions as are permitted
by re�ulations issued by the Secreiary of Labor ux�der the Copeland Act (29 CFR Part
3)), the full aaalount of wages and bona fide fi-in�e bene�ts (or casl� equivalents
the�•eo� due at time of payinent computed at rates not less tl�.an those contained in the
wage deiermination of the Secretary of Labor wllich is atiached hereto and made a
part hereof, or as may be incorporated for a secondary site of tlie work, regardless of
any co��ti•actual relationship which may be alleged to exist between the Contractor
and such laUorers and n�echanics. Any wage determinatiozi incorporated for a
secondary site of the work shall be effective from the �rst day on which work under
tlie award was performed at that site and shall be incorpo��ated witliout any adjustment
in award price or estimated cost. Laborers employed by ihe construction Contractor
or const��uction subcontractor that are transporting portions of the building or work
between the secondary site of the work and the primary site of the wo�•k shall be paid
in accordance witli tlie wage determination applicable to tl�e primary site of the work.
(2) Coniributioaas n7ade or cosis reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on belialf of laborers or mechanics are
considered wa�es paid to such labore�•s or mechanics, subject to the provisio��s of
paragraph (e) of this article; also, regular contributions made or costs incun•ed for
moi•e than a weekly period (but not less often tl�an quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be construciively
made or incurred during such period.
(3) Sucli laborers and mechanics shall be paid not less than the app��opriate wage rate aaad
fringe bei�efits i�i the wage determi��ation for ihe classification of work actually
performed, without regard to skill, except as provided in the article entitled
Apprentices and Trainees. Laborers or n�echanics perfo��niing work in more than one
classification may be con�pensated at the rate specified for each classification for ihe
time actually worked iherein; provided, that the employer's payroll records accurately
set forlh the time spent in each classif cation in which wox�k is performed.
(4) The wage determination (including any additional classifications and wage rates
conformed under paragraph (c) of this article) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the Cox�tractor and its subcontractors at the site
of the work in a prom.inent and accessible place where it can be easily seen by tlie
workers.
(c) (1) The Contracting Officez• sl�all require that any class of laborers or mechanics which is
��ot listed in the wage determination and which is to be employed under ihe award
shall be classif ed in conformance with the wage determination. The Contracting
O:Cficer shall approve an additional classif cation and wage rate and fi•inge benef is
therefore only when all the followin� criteria have been met:
(i) The work to be pei•formed by the classifcation requested is not performed by a
classifcation in the wage determination.
(ii) The classificaiion is utilized in the a��ea by the consiruction industiy.
(iii)The proposed wage rate, includin� any bona �de fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(2) Tf the Contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives a��d the Contracting Officer agree on the
classification and wage rate (including the amount designated for fringe benefts,
where appropriate), a report of the action taken shall be sent by the Contracti�i�
Officer to ihe Admia�istrator of the:
Wage and I�our Division
�inployment Standards Administration
U.S. Department of Labor
Washington, DC 20210
Tl�e Administrator or an authorized representative will approve, modify, or
disapprove every additional classi�cation action wiihin 30 days of receipt and so
advise the Contractin� Officer or will notify the Contracting Officer within the 30-
day period that addiiional ti�ne is necessary.
(3) In the event the Contractor, the labo�•ers or niecha�iics to be employed in the
classif cation, or iheir representatives, and the Contracting Officer do not agree on the
proposed classification and wage rate (including the amount designated for fi•inge
benefits, where appropriate), the Contracting Officer shall refer lhe questions,
includit�g t11e views of all interested parties and the recommendation of t11e
Contracting Of�cer, to the Administrator of the Wage and Hour Division for
determination. The Administrator, or an authorized representative, will issue a
determination withii� 30 days of receipt and so advise the Coniracting Officer or will
notify tlie Contracting Officer within the 30-day period tliat additioiaal time is
necessary.
(4) The wage rate (including fringe benef ts, where appropriaie) deterniined pursuant to
subparagraphs (c)(2) and (c)(3) of tliis article shall be paid to all workers perfonning
work in the classification under this award from the first day on which work is
performed in the classifieation.
(d) Whenever the mini�num wage rate prescribed in the awax�d for a class of labox�ers or
mechanics includes a fringe beneft which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay
anotlier bona f de fringe benefit or an hourly cash equivalent thereof.
(e) If the Contractor does not make paymei�.ts to a trustee or other third person, the
Contractor may consider as part of the wages of a�iy laborer or mechanic the ainount of
any costs reasonably anticipated i�i providi�ig bona f de fi•inge benefits under a plan or
program; provided, that the Secretary of Labor has found, upon the wriiten request of the
Contractor, thai thc applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
ltates of Wagcs
The n�inimum wages to be paid laborers and meehanics under this a��vard involved in
performance of work at the projeci site, as determined by the Secretary of Labor to be prevailii�g
fo�• tl�e corresponding classes of ]aborers and mechanics employed on projects of a character
similar to the contract work in the pei�tinezit locality, are included as an attachn�ent to ihis award.
These wa�e rates a�•e minimunn rates and are not inte��ded to represent the actual wa�e rates that
the Contractor may have to pay.
Payrolls and Basic Rccords
(a) Payrolis and basic records relating thereto shall be maintained by the Contractor during
ihe course of the work and preserved for a period of 3 years thereafter for all laborex•s and
�nechanics working at the site of the work. Such i•ecords shall coniain the name, address,
a��d last 4 digits of the social security number of each such worker, his or her correct
classif cation, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents tl�ereof of the types described
in sectio�i 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly nutnber of hours
worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has
found, under paragrapl� (d) of the article entitled Davis-Bacon Act, that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or progrant described in section 1(b)(2)(B) of the Davis-Bacon Act,
the Contractor shall inaintain records which show that the comrnitment to provide such
bene�ts is enforceable, that the plan or program is fnancially responsible, and that the
plan or program has been communicated in writing to the laborers or mechanics affecied,
and �•ecords which show the costs anticipated or the actual cost incurred in providing such
benef ts. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the i•e�istratio�i of apprenticeship programs and cerlif cation
of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable prog��ams.
(b) (1) The Contractor sliall subinit weekly for eacl� week in which any award work is performed
a copy of all payrolls to the Contracting Officer. The payrolls sub�nitted shall set out
accurately and completely all of the information required to be �nainiained under
paragraph (a) of this article. This information may be submitted in ai�y form desired.
Optional Form WH-347 (l�ederal Stock Nuraber 029-005-00014-1) is available for this
purpose and inay be purchased from the --
Superintendent of Documents U.S. Govet-nment Printing Office Washington, DC 20402
The Prime Contractor is responsible for the subn�ission of copies of payrolls by all
subcontractors.
(2) �ach payroll submitted shall be acconlpanied by a"Statement of Compliance," signed by
the Contractor or subconta•acior or his or her agent who pays or supeivises tl�e payment of
tl�e persons employed under tl�e award and sllall certify —
(i) That the payroll fo�• the payroll period coniains ihe inforn�ation required to be
maintained under para�;rapli (a) of tliis ariicle aaid ihat such informatioai is correct and
complete;
(ii) That each laborer or meclianic (including each helper, apprentice, and trainee)
employed on the award durizig the payroll period has been paid ihe full weekly wages
earned, without rebate, eiiher directly or indirectly, and that no deductions have been
made eitller di��ectly or indirectly from the fiill wages earned, other ihan permissible
deduciions as set forih in the Regulations, 29 CrR Part 3; and
(iii)Tliat each laborer or niechanic has been paid not less than the applicable wa�e rates
and fi�inge benefits or cash equivalents for the classification of wo��k performed, as
specified in the applicable wage determination incorporated into the award.
(3) The weekly submission of a properly eaecuted certification set forth on the reverse side
of Optional Form WH-347 shall satisfy the requirexnent for submission of the "Statemex�.t
of Con�pliance" required by subparagraph (b)(2) of this article.
(4) The falsification of a1�y of the certifications in this article may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
3729 of Title 31 of tlie United States Code.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this
article available for inspection, copying, or transcription by the Contracting Off cer or
auihorized repa•esentatives of the Contracting Officer or the Department of Labor. The
Contractor or subcoi�tractor shall permit the Contracting Of�cer or representatives of ihe
Co�it�•acting Officer or the Department of Labor to interview employees during working
l�ours on the job. If the Contractor or subcoxltractor fails to submit required records or to
anake them available, the Contracting Off cer may, after writtei� ��otice to the Coniractor, take
sucl� action as nlay be necessary to cause the suspension of any further payment.
Furtlie��more, failure to submit the required records upon request or to make such records
available may be grounds for debarrr►ent action pursuant to 29 C�R 5.12.
Withholding of Funds
The Contracting Officer shall, upon his or her own actioi� or upon written request of an
authorized repi•esentative of the Department of Labor, withhold or cause to be witl�lield from the
Conii•actor under tliis award or any other �'ederal award with the same Prime Contractor, or any
otlier fedei•ally assisted award subject to Davis-Bacon prevailin� wage requirements, which is
held by the same Prin�e Contractor, so inuel� of the accrued payments or advaalces as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by ihe Contracto�• or any subcontractor the full amount of wages required by the
award. Li the eve�it of failure to pay any labo��er or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work, all or part of the wages required by the
award, the Contracting Officer may, after written notice to tl�e Contractor, take such action as
may be necessary to cause the suspension of az�y further payment, advance, or guarantee of funds
until such violations have ceased.
Apprentices and Trainees
(a) Apprentices.
(1) An appx•eniice will be per»aitted to work at less than the predeiermined rate for the
work they perfor�ned when they are employed—
(i) Pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, �mployment and Training
Administration, Off ce of Apprenticeship and Training, Employer, and Labor
Services (OAT�LS) or with a State Apprenticeship Agency recognized by il�,e
OAT�LS; or
(ii) In tlle f�•st 90 days of probationary employrr►ent as an apprentice in such an
app��ea�.iiceship program, evea� though not individually registered in the pro�ram, if
certified by the OATELS or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary �mployment as an apprentice.
(2) The allowable raiio of apprentices to journeymen on tlle job site in any craft
classification shall not be greater than fihe ratio permiited to the Contractor as to the
entire work force undei• the registered program.
(3) Any worker listed on a payroll at an apprentice wage raie, who is not registered or
otherwise exnployed as stated in paragraph (a)(1) of ihis article, shall be paid not less
than tl�e applicable wage determination for t11e classification of work actually
performed. In addition, any apprentice performing vvork on tlie job site in excess of
the ratio permitted under the re�istered program shall be paid not less t11an the
applicable wage rate on the wage deterinination for the work actually performed.
(4) Where a contractor is perfoi•min� co�istruction on a project in a locality other than that
in wliich its program is registered, the ratios and wage rates (eapressed iia pex•centages
of the journeyman's hourly rate) specified in the Contractor's or subcontractor's
registered pro�ram shall be observed. Every apprentice must be paid at not less than
the rate speci�ed in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeyman hourly rate speciiied in the applicable
wage determination.
(5) Apprentices shall be paid fringe bene�ts in accordance witl�. the prot�isions of the
appreniiceship program. Tf tlle apprenticeship program does xlot specify fringe
benefiis, apprentices must be paid tl�e full amount of fringe Uenefts listed on the
wage determination for the applicable classification. If the Admiziistrator determines
that a different practice prevails for the applicable apprentice classification, fi•inges
shall be paid in accordance with ihat determination.
(6) In the event OAT�LS, or a State Apprenticeship Agency ��ecognized by OA1'ELS,
withdraws approval of an app�•e��ticeship progran�, the Contractor will ��o longer be
permitted to utilize apprentiees at less tha�1 the applicable predetermined rate for the
wot•k performed until an accepiable program is approved.
(b) Trainees.
(1) �xcept as provided in 29 CPR 5.16, ti•ainees will not be perrnitted to work at less ihan
the predetermined rate for tl�e work perfor�ned unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, �mployment and Training
Administration, Office of Appreniiceship Training, Cmployer, and Labor Services
(OATCLS). The ratio of trainees to jouineymen on ihe job site shall not be greaier
than permitted under the plan approved by OATELS.
(2) Every trainee �nust be paid at not less than the raie specifed in the approved program
for the trainee's level of progress, eapressed as a percentage of the jouri�eyman hourly
rate specified in the applicable wage determination. T��ainees shall be paid fi•inge
benefits in accordance with the provisions of ihe trainee program. If the trainee
program does not mention frin�e benefits, trainees shall be paid the full amount of
fringe benefits listed in the wage determination unless the Administraior of the Wage
a�ld Hour Division determines that there is an app��ei�ticeship program associated with
the coi•respondin� journeyman wage rate in ihe wa�e determination which provides
for less than full fringe bei�.efits for apprentices. Any employee listed on the payroll at
a trainee rate ihat is not registered and participating in a training plan approved by the
OATCLS shall be paid not less than the applicable wage rate in the wage
detennination for the classification of work acivally performed. Ii�. addition, any
irainee performing work on the job site in excess of the ratio permitled under the
registered prograxn shall be paid not less than the applicable wage rate in the wage
determination for the work actually performed.
(3) In the event OATELS withdraws approval of a training program, the Contractor will
no longer be permitted io utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(4) Equal employment opportunity. The utilization of apprentices, trainees, and
joui7leymen ui�der this article shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended and 29 CFR Part 30.
Compliance with Copeland Act Requirements
Tl�e Contractor shall con�ply with the requirements of 29 CI�R Pai�t 3, which are hereby
ineorporated by reference i��. this award.
Subcontracts (Labor Standards)
(a) Definition. "Coa�struction, alteration or repair," as used in this article means all types of
work done by laborers and mechanics employed by the coxistruction Contractor or
construction subconiractor on a particular building or work at the site thereof, 111C1UC�lIl�
without limitation—
(1) Alterin�, remodeling, i�astallation (if appropriaie) o�i the site of the work of items
fabricated off-site;
(2) Painting and decoratin�;
(3) Manufacturin� or furnishing of matei•ials, articles, supplies, or equipmei�t on tlie site
of the buildin� or work;
(4) Transportation of materials and supplies between the site of the work within the
meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as de�ned in the
article entitled Davis Bacon Act of this award, and a facility which is dedicated to the
construction of the building or work and is deemed part of the site of the work within
the meaning of paragraph (2) of the "site of work" definition; and
(5) Transportation of portions of the building or work beiween a secondary site ��vhere a
signif cant portion of tl�e building or work is constructed, which is part of the "site of
the wo�k" definition in paragraph (a) (1) (ii) of the Davis-Bacon Act article, and the
physical place or places where the buildin� or work will remaiz� (paragraph (a) (1) (i)
of the Davis Bacon Act article, in the "site of the work" definition).
(b) The Contractor or subcontractor shall insert in any subcontracts for construction,
alterations and repairs wiihin the United States the articles entitled—
(1) Davis-Bacon Act;
(2) Contract Work Hours and Safety Siandards Act -- Overtime Conipensatioi� (if the
article is included in tl�is award);
(3) Apprentices ai�d Traiiaees;
(4) Pay�•olls and Basic Records;
(5) Compliance with Copeland Act Requiremei�ts;
(6) Withholdin� of Fu�ids;
(7) Subcontracts (Labor Standards);
(8) Contract Termination – Debarment;
(9) Disputes Concerning Labor Standards;
(10) Compliance with Davis-IIacon and Related Act Re�ulations; and
(1 ] ) Certif cation of �ligibiliiy.
(c) The Prime Contractor shall be xesponsible for compliance by any subcontractor or lower
tier subcontractor performing construction within the United States with all the award
az�ticles cited in para�rapla (b).
(d) (1) Within 14 days after issuance of the award, the Contractor sl�all deliver to the
Contracting Officer a coanpleted Standard Form (SP) 1413, Statement and
Acknowled�ment, for each subcontraci for coi�struction within the United Staies,
including ihe subcol�ia•actor's signed and dated acknowledg�nent that the articles set
forth in paragraph (b) of this article have been included in the subcontract.
Within 14 days after the award of any subsequently awarded subcontract the
Contractor shall deliver to the Contracting Officer an updated completed Si' 1413 for
such additional subcontract.
(e) The Contractor shall insert the substance of this article, including tlxis paragraph (e) in all
subcontracts for construction within the United States.
Contract Termination -- Debarment
A breacli of the award a�-licles entitled Davis-Bacon Act, Contract Work Hours and Safety
Standards Act -- Overtime Compensation, Apprentices and Trainees, Payrolls and Basic
Records, Co�npliance with Copeland Act Requirements, Subcontracts (Labor Siandards),
Compliance with Davis-Bacon and Related Act Regulations, or Certification of Eligibility may
be grounds for termination of the whole award or in part for the Recovery Act covered work
only, and for debarment as a Contractor and subcozitractor as provided i��. 29 CFR 5.12.
Compliancc witli Davis-Bacon and Rclated Act Regulations
All �•ulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CrR Parts 1,
3, and S are hereby incorporated by reference in this award.
Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CrR T'arts 5, 6, and 7 pa•ocedures for
resolving disputes concernin� labor standards requirements. Such disputes shall be resolved in
accordance with those procedures and not the Disputes and Appeals as defned in 10 CFR
600.22. Disputes within fihe meaning of this article include disputes between the Contractor (and
any of its subcontractors) and the contracting agency, the U.S. Departme��i of Labor, or the
employees or their representatives.
Certification of �ligibility
(a) By entering izito tlais award, ihe Coi�tractor cerlifies that neithe�� it (nor he or slie) nor any
person or firm ��vho has an interest in the Coutractor's firm is a person or firm ineligible
to be awarded Government awards by virtue of seciion 3(a) of the Davis-Bacon Act or 29
CI'R 5. l 2(a)(1).
(b) No pa�� of tliis award shall be subcontracted to any person or rrm ineli�;ible for award of
a Governme�it award by virtue of seciioai 3(a) of ihe Davis-Bacon Act or 29 CrR
5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Crimiiial Code, 18
U.S.C. l 001.
Approval of Wage Rates
All siraight time wage rates, and overtime rates based ihereon, for laborers and mechanics
engaged in work wlder this award must be submiited for approval in writing by tl�.e head of the
contracting activity or a representative expz�essly designated for this purpose, if tlie straight time
wages exceed the rates for corresponding classif cations contained in the applicable Davis-Bacon
Act nlinimum wage determination included in the award. Any amount paid by the Contractor to
a�ay laborer or mechanic in excess of the age�lcy appro��ed wage rate shall be at ihe expea�se of
tlae Contractor and shall not be reimbursed by the Gover�unent. If the Government refuses to
authorize the use of t17e overtitne, the Contractor is not ��eleased from tl�e obligaiion to pay
employees at the required overtin�e rates for any overtime actually worked.
BUY AMERTCAN ACT COMPLIANC� R�QUIR�MENTS
The Contractor acknowledges to and fo�• the benefit of the City of Denton that it understands the
goods and services under ihis Agreement are being funded with monies made available by the
American Reinvesti�lent and Recovery Act of 2009 (Recovery Act) (or are being made available
for a project beia�g funded with monies naade available by the Recovery Act) and section 1605 of
such law contains provisions coinmo�lly known as "Buy American." The Buy American
requirement prol�ibits the use of Recovery Act funds for a project for the construction, alteration,
ix►aintenance, or repair of a public building or public work unless all of the iron, steel, and
manufactured goods used in tlie project are produced in the United States ("Buy Atnerican
requirement") including zron, steel, and manufactured goods provided by the Contractor pursuant
to tl�is Agreement. The Contractor hereby represents and warrants to and for the benefit of ihe
Departme�it of Energy (DO�) grantee ihat (a) the Contractor has reviewed and understands ihe
Buy American requirement, (b) all of the iron, steel, and manufactured goods used in the project
���ill be ai�d/o�• have been produced izl the United States in a mai�ner that complies wiih the Buy
American requirement, unless an exception to ihe requirement is approved, and (c) the
Contraetor will provide any further verifed infor�nation, certifieation or assurance of compliance
with this paragraph, or information necessary to support an exception io the Buy American
requi�•et�ie��t, as may be requested by tlie DO� grantee or DOE. Notwitllstaiidiiig any other
provisioz�. of this Agreement, axiy failure to cor�lply with this paragraph by the Contractor shall
permit tl�e DOE graniee to recover as damages a�ainst the Contracto�� any loss, expense or cost
(i�icluding witl�out limitation atto�•�aey's fees) incurred by ihe DO� �i•antee resultin� fi�on�. any
such failure (including without limitation any impairmeni or loss of fundiz�g, wheiher in whole or
in part from DO�). Neither this paragx•apl� (nor any provision of ihis Agreement necessary to
�ive this paragral�h force or effect) shall be amended or waived without ihe prior written consent
of the DOE grantee.
The reauirements for the Bu American Act. as stated in the I�����er and
Reinvestment Act Grant are �� follows:
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS --
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 (MAY 2009)
T"��'�'�' A WARD �`�.R1l� i� ,� �'��LI+C"� BLE �� � I�� ��`� f? ��'���` �� � CT I�'�.t'���' � �"�1�
CONSTR�1�"�"��J'.dV ALTERA�`i�1� MAINTENANCE. OR REPAIR OI' � PUBLIC
1���.t.i�ING OR ,�''U����' �°Y+G�k,�C �,i�I� T���" �"�"���� ,��Rt7,�'I�+��" i!`�4,� TiL° IS L'�5 �'".�11�� ;l`�;�')
�L'S� �".��.�� � � ��3 +���1. THl'S Ai�'�R.t� ��'��'�� .,��.�G� .�i��'�L�%:�4' �_� �� L �'�TI3G.�',�il�i7k�°
.__ ._
AND CONTRACTS.
a. Def nitions. As used in this award term and condition--
(1) Manufactured �ood �neans a good brought to the construction site for incorporation
into the buildin� or work that lias been—
(i) Processed into a specifc foim and shape; or
(ii) Combined with other raw material to create a material that has different properties
than the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a
governmental eirtity (the United States; the District of Columbia; commonwealths,
territoi•ies, and miiior outlying islands of the Ui�ited States; State and local
govei�unents; and multi-State, re�ional, or interstate entities which have
governme�ital functions). Tliese buildings and works may include, without limitation,
bridges, dams, plants, higliways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping statioias, heavy generators, railways, airpoz-ts, ierminals, docks,
piers, wharves, ways, lighihouses, buoys, jetties, breakwaters, levees, and canals, and
the consiruction, alteratioii, maintenance, or repair of such buildiiigs and works.
(3) Steel means an alloy fihat includes at least 50 percent iron, between .02 and 2 pezcent
carbons, and may includc other elements.
b. Domestic preference.
(1) This award term and condition implements Section ] 605 of tlie American Recovery
and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all
iron, steel, and manufactured goods used in the project are produced ix� the United
Siates eacept as provided i�� paragraph (b)(3) and (b)(4) of iliis section and condition.
(2) This requiremei�t does not apply to the n�aterial listed by the Federal Governinent as
follows:
None
[Award official to list applicable excepted maierials or indicate "none"]
(3) Tl�e award off cial may add other iron, steel, and/or manufactured goods to the list in
paragraph (b)(2) of this seciion and condition if the Pederal Government determines
that--
(i) The cost of ihe domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, or i�.�anufactured goods used in the
project is wu�easonable when ihe cutnulative cost of such xi�ateria] will increase
the cost of the overall project by more than 25 percent;
(ii) Tlie iron, steel, and/or manufactured good is not pi•oduced, or manufactured in the
United Sfiates in sufficient and reasonably available quantities and of a
satisfactory quality; or
(iii)The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
c. Request for determination of inapplicability of Seciion 1605 of the Recovery Act.
(1) Any recipient request io use foreign iron, steel, and/or manufactured goods in
accordance with pa�•agraph (b) (3) of this section shall include adequate information
for Pederal Government valuation of the request, including—
(A) A description of tlie foreign and don�estic i�•on, steel, and/or manufactured goods;
(B) Unit of ineasure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the projeci;
(G)Name and address of the proposed supplier; a��.d
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b) (3) of tl�is section.
(i) A request based on unreasonable cost shall include a reasonable suxvey of the
market and a completed cost comparison table in the format in pai•agraph (d) of
ihis section.
(ii) The cost of iron, steel, and/or manufactured goods material shall include all
delivery costs to the construction site and any applicable duty.
(iii)Any recipient ��eguest for a determinatio�l submitted after Recovery Act fui�ds
have been obli�ated for a project for consiruction, alieration, �nainienance, or
repair shall explai�� why the recipient could not reasonably foresee the need for
sucla deternainaiion and could not have requested the determination Uefore tl�e
funds wei•e obligated. If the recipient does not submit a satisfactory explai�.atioxa,
the award official need noi �nake a deter�nination.
(2) If the Pederal Government determines after funds have been obligaied for a project
foi• construction, alteration, maintenance, or repair that an exception to section 1605
of the Recovery Act applies, the award of�cial will amend the award to allow use of
the forei�n iron, steel, and/or relevant manufactured goods. When the basis for the
exception is non-availability or public interest, ihe amended award shall reflect
adjustment of the award amount, redistribution of budgeted funds, and/or otlier
actions taken to cover costs associated with acquiring o�� using the fo�-eign iron, steel,
and/or relevani manufactured goods. When ihe basis for the exception is ihe
unreasoi�able cost of the domestic iron, steel, or manufactured goods, the award
ofiicial shall adjust ihe award amount or redistribute budgeted funds by at least the
differeniial established in 2 CFR 176.110(a).
(3) Unless the Pederal Government determines that an exception to section 1605 of ihe
Recovery Act applies, use of foreign iron, steel, and/or manufactured �oods is
noncompliant with section 1605 of ihe American Recovery and Reinvestment Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the Recipient shall include the following information and any
applicable supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
�.-� ._._. ..ro,_.e.s.
._ n . _ _...._._ .
Cost
Description Unit of Measure Ouantitr� (doilars)*
Ilenr 1; __ .
Forei�n steel, iron, or manui'actured good '
Domestic steel, iron, or manufactured good
Ilem 2.•
Forei�n steel, iron , or manufactured good
Domestic steel, iron, or manufactured good
List name, address, telephone nuinber, emai] address, and contact for suppliex�s surveyed. Aitach
copy of response; if oral, attach summary.
Include otlie�� applicable supporting information.
*Include all delivery cosis to the construction site.
Exhibit F
.
�, ' . 1' �•' 1' • ' �'1 '�
� �;� :• �
STATE OF TEXAS
COUNTY OF DENTON
Bond No. 4395492
KNOW ALL MEN BY THESE PRESENTS: That LEMCO Construction Services, LP�ose address
is 1�1�� Pvlialw��y T�s����l, ���itu �i��l, Ad�li����, T�, ��(10� I:7�r'einafter called Principal, and SureTec Insurance
C`r��r�ta��a�v�.� ��r���sr�tic�a:a 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 �;t��e of Texas, hereinafter ��il�t�. ����nc�.�•, in the penal
sum ofCl��c 11i����irec! F`i�'tr� Tl����i�����1 �nci �icrfl�lfM----= E��e�ll<i�•�} C,�1�4),(lf)�l.i}t_� __w�-��; in lawful money ofthe
United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we
Ilereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by tl�ese 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
��s�iAtii� �"��r��r�i�t., ic�Ie:s�tifiecl l�yy �)��cli����x��v T�t����laer �[1�4�i 1f3, y��iila ti�� {=`ity of Denton, the Owner, dated the
�°�� ���y ��i' �`�• tL.�:3» �€ll�k; �i ���� ��['�vl��c:l� is I��;�����c� �t9r��h��� and made a part hereof, for ��n��k�~��t_tita�
��;:r-�i��Y�, Relati��� t�r �'i�i��i°.��t ���S�i� ��r- t�t� Ni"v��l�' �'�cl��w��i�ir:���u�� I3�Nila�ii�� ltei�u�v�l����a �pE•����#. � ..,.�
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,
�;����� i��i������� �a���1 �.;"��z���`��t i�€��:��i1�ur�t� r;��r°i���; t3��, c>r`i�i���il term thereof and any extension thereof which may be
�r�����c•c� ���, t�z� �,������-, �vitl� ���• ����17��at G�c�C��°� k� ti�� ��x���t�, and during the life of any guaranty or warranty
r•�ca��i��c�t! tai��lcr tiais €�`t�r�t�t►�f., ����cl �17��1 s�l�c� ��r�l � srx�ci t�°�a�y perform and fulfill all the undertakings, covenants,
��,�-���� �����{i������� ������ ����������r��_� ���`�ts�v ����� .�11 �9�Aly Et��t���orized modifications of said Contract tl�at may hereafter
be made, notice of whi� l� ����-��liii�4�t,i����; t� i:��� Stirety being hereby waived; and, if the Principal shall repair and/or
replace all defects due ic� i��ailly n�=rt��°w��l�; �ar��i ��t�cicmanship that appear within a period of two (2) years from the
date of final completioi� {���c1 fir���l tLU����t��r�c�� �?�` the Worlc by the Owner; and, if the Principal shall fully indemnify
and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so
perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in
making good any default or defciency, then this obligatican shall be void; otherwise, it shall remain in full force
and effect.
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in
Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees t]iat
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, sllall 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 tlle Work to be performed thereunder, or to tlie 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 d{,livered 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 rr�, ih���� �� �c�r��ies, each one of which shall be
cl�;ea��4�1 ��� �rf�;it���l, tl�is �1��: � �. ���y� i��" °�� } �(i1�_ ,� "� n.,..
� u �' �
ATTEST:
�."��' � �
BY: _ .. .M_.
_...
S LC`, l�� 1��� l� �r'" B�
ATTEST:
SURETY
s § �
� � Su��cT
� �� �
BY: , �„ _ �, � �,".
�. �., _ �.. ,..
L��� ��rl�a�ug, C , 4��� ��� �
� ._, '` 13�°��
J
The Resident Agent of the Surety in Denton County, Texas Ic� �.�
�
�
�.�
�
��°i`C31��`+I �� �'-I£�1-FAC'�'
I[very of notice and servic� of �tl1e prc�cess is.
NAME: Clem l,,F�;s,�:l� PCL C`¢���is•�zci Bondine.����7�,�—v.__... .. .. --....._� .._..��-
in]� T.,RT FrPPwav� �illtP_, 9Zn_ Tla�]ac Z'X 75234 ..
STREET ADDRESS: �_ . . ,; ,���._ �_ ��-w -
(NOTE: Date of Performance Bond mast be date of Contract. If Resident Agent is not a corporation, give
a person°s name.)
�" € rs
�`A� __� � �
y °°:'�, :�'
�� �,��
' • ' ' : • 1
STATE OF TEXAS
Bond No. 4395492
COUNTY OF DENTON §
I*��1C1'G�J �hL�, I��Ii:T'� �3Y �t`��1��� ]'�t�:��.N"I'S: L�:''���{D �n���t�°��c..ti��� Sc�•vic��; I,9'"��1����t
��c�cire:�s i�; ��1�1 �i���v��v 1��'��1 ���iie +��C�U, r'��!€li�s�,�. "�'� i�[i(}1, �����c:i���tt�r- c�t�l�� 1'rii�ci}�=11, r���cl
�r�r�°�Tc�, Ira�;ti�r����t�� ����ra.k�tv�.,���c�i���c��at�c��� c�i�����iz�.�� £���d �.�i�ta�� �ar�c��:�•tla� I����� ��fYt]�� S1��t� �#o
'�'�x���, �rar� r���ly ���Cl���i i��cl ie, ir�3������t L�rsi����;� in ll�e 5l��tc �s�� T�,���, �� �t���e�y, ��r� l��ic� ��i��! lii°�����r
��s��i�c� ���7t�s tl�c� Ciiy c�t`I�Gr7��rr�, �� r������i�i�.���1 c�.>a°�sc�����ti���i c��°�;�+�rrNr�cl �aricl ��isii��}� ��i�cl�r° t17� I�i4vs ���'tl�� Sis�t�
c�["�"c��.��;, 1��r•cin���`��rA �:���let[ ���vn�i-, �s�cl t���Cr� �rll ��ez°�c���s, f�s°t���, ���z�l �c�����c�i°v���c�r�� �v��cs ia���y �u�-i�isl�
���s�t�:t.etels ����•, ��� ��ea°4t�r��� I#�I�e�r� tr���rz� �I��, l��iil�'li��� caa� i�i���•�v�����r��� l��,r��i���fit�� i�ii�°a���i t�a, i�� ��e���sl s�N��� t�f
+�a�c IYr�r�c��°c�t I�il"t�r� �l'lz�a[�������I ���cl i�c�lX.��ti----- �ic�l�a�°s} ('�l��l,fit}��.�)i��-�__ _�-�; i�� 1�7��i:��l i���r��y �f �I�e
C.Js�it�:t� �l�rt��, i�� t�c ��nic� iiz C)c��t��i, �ic���'�cy�'C���,�ts, t��° �1�� ��t�:��t��r�t c�d'��lti�l� s����� w��l ���� ii°��ly tc� �c;
����ac��, �vi; I��r����y� �i��cl aa�a�°ti�:lves, c��.��° I��i�-;,, c,��cG�tc�r�, ��i��7i��i�t��a�.c,�•�, �t�cu����3s�s; s�r�ci ta��s�;n;�,�c�ii�ily �l���i
s�vci-��i�,�, li��i7�iy L�y tlr�:�c:: ���°c��r�ts. �I���i� f3��9ac� :�����11 �i��i.�����tic:}r91y l�r� ir��a��:i�ccl t�y i��� ���a�i���tai ��f4►��y
C'.1�:����� C.�rclu�° ���° �u��1s��:���c�nt��I �t���c�a:���c��t �w��i�1� i���s°��i�c� t�t�. �'��f7t�-���i �3r.i�;�°., l���t in j��� �v�ni 51���14 ��
t"i��t���� (7��c���• €��� ;��m��1�1�����i�i�al r'1.�r�:� i.���:��i ��l�iel� i-�cl�r��;� il�� C'��rr�i•���t �ar-s��; �l��:l���zsc tl�c ����ZA�I ����a1 �ai`
this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered
into a��i°t��i�� G;crt�t�°��+:t„ icic��ti�`i��l by {)i'cii��<�ne=c� �1�������r �t���-1 1�, with the City of Denton, the Owner,
dated tl�� _��� cl��� c�t'� .�-��_ ����� 'f`� ��1=�Y �t`��'l�i�i� is hereto attached and made a part
hereof, for +���a�:�i�°���i����° aci^vi�c:� l�clr�tf�� � tr� C'e�r�i�•Ki�i �#���)(i i'c��� i��� ��ia 1��1���iri"s�tr�iif��� ����i1c1��� �
l��x������#ic�r� �yM•��j��i.s.r<,�
NOW, THEREFORE, if the Principa� sl��ill w�cll, ��°��fy {�t�tl ���ithfully perform its duties and make
prompt payment to all persons, frms, subconir<��.t�ra-:�, ucr►'�a���'��tic���� �►r�d claimants supplying labor and/or
material in the prosecution of the Worlc provid�.�i �'��° `sta s��ic.l �«��t;�'�_�:i and any and all duly authorized
modiiications of said Contract that may hereafter be made, notice of which modifications to the Surety
being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force
and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in
Denton County, Texas.
.�^��11;7 f'lt�:)VII�LI:7 �[u1i�'1�1(��1�, tl���t ti�� s��icl �5���-cty, �c�i-z,xaic�� �-��:�iv�:�l, I����e�t�y �ii���rl��t�� a��c�l
agf°ec� iia��t r��� i�l�xi���,u, ��::t�n�i��ra ��Cti����:, .��€c;r°��tis��c� c:ai• �cic�it�ui� t�� tl��. 1�����a�; ��l�t:�a� C s�rat�•�a�i, c�1- t�a iisc. �ork
to L�u �a���lcrr°r7�c.c! tl��.i°�ti��c�c�K�, ��r° tn tli� 1'1�����, �l���il���itic��q�, f�a�.��vii��°�, �t:�.� <XC.v����1:�=��7yis�� il�� �����e, �liall
in ft�l�re�i�� �a�"l�ct it:s c`s�l����tic��t ���� t1�i� C�c�`ac1, ����c! it �lc�eti ��c��el7y �vas�� i1c��i�c. ��i �`��y ����1� �;1��is��e,
extension of time, alteration or addition to the terms c�[�ii�e C`c��i7i��;��:�, c��• �n tlaG W�?��1�; tc� 1��: 7��:.rf'�sp•i���cl
tliereunder, 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.
Tl�� ��i�c�el-��s�����i ��r�c� cl�sl�,��ai�c3 �����t i� l��r•e:l�y cic��gnated by the Surety herein as the Resident
Agent ic� T")���tc��� �'�?�z���y tc� ��4�car�7 1�I7Y a'�:c��iisix�: ����ii�c� ����rY be delivered and on whom service of process
may be I��cl i�� n���tt:�ts t�ri�iiz� c��rt a1��u�1� �ar¢•�ty, �t� ��m-�vi��c4 by Article 7.19-1 ofthe Insurance Code,
Vernon'� �i���csi��i��l CKivil �it�t�ti�s c�f'tlr� Si��t.e, c�f"'] cxas.
IN WITNESS WHEREOF, tl1i� i���C�-z��7�:�ri �� ����u��:�� in tl����; �,�� �c��?s�s, each one of wl�ich
shall be deemed an original, this the r���i��y t�1� ����, �[���-F .� �
ATTEST;
. �
��
BY: _ �
�1_'�", LsTARY BY
ATTEST: SURETY:
. � �r���e"F�+�'�.�i��ir•�xilee �:c�a_ ��: � o � ..
-�. � �
BY: , �_ � ._..= � �-_ ,
�. , B�' . _ ... � _� �'
����,st �+���•hau , 'i�� �� . .�.d,� ,� __ ..�
g �
�i ���i �r P�+��' � , A' `I"��2�T1. �`-IN-FA�C7i
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and servic� of the
process is:
NAME: Clem Lesch PCL Contract 13ondin A enc
STREET ADDRESS: 30,10 LBJ Freewav. Suite 92�,,Dallass,_TX 75234 , ,..�.
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person°s name.)
�f
i�
� `ia.''�; }�wt�7
�r��";'�'�.lf
° '�'" ,���
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
Web: http://www.tdi.state.tx.us
Email: ConsumerProtection@tdi.state.tx.us
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.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
�`h� �ond t� wh��h t}7is �s�i�r i� �ta��h�d de��� n�f �rav�d� ��v�r��� far, and the surety thereon �h�li n�t b� li��l� f�r,
moid�, fivinc� �r ��ad ��s��i, b��i�e�a, �il�rc�en�, hi�tarnas7�s, �p�r�s I-�y�hae, or mycotoxins, or ti��ir re1�ted �rcaduct� or
�a�s, rss�r �car �r�y e�v�r�nrn�r�t�l �����rds, t���ID�a��ards, �az�s•dc��Q� �na�erials, environmental spiil�, c�ntami��ti���, crr
cl��t�up� n�r t��� I•err��c#i�ti�sn th�r��f, nor #h� c�ns�q�r�n��s to persons, property, or the performance of the bonded
�r�1i���ic���s, c�i EI�� c�ccurr�rr��, �xist�rre�, c�r �p��ar��n�e tP�ereof.
*�.,. � 1 '
• • � � ' i � �
� � � r � , � ■
gnow All Men by These Presents, That SURETEC INSURANCE COMPANi�''�t67� "Company"}, a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houstan, Harris County, Texas, does by these presents
make, constitute and appoint
Clem F. Lesch, Steven W. Lewis, Allen Sparks, Eric Lesch, Lise Borhaug, Roger Bales, Jennifer Piccha, iv��fissa Lesch
its true and lawful Attorney-in-fact, with full power and authority hereby canferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or ather instruments or contracts of swetyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.4�}x ""f ,
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, herebv ranfyinQ and confirming all that the said Attomey-in-Fact may do in the
premises. Said appointment shall continue in force until 12i31rzois ���d is made under and by authority of the following
resalutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assis�ant 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 Attorney(s}-in-Fact to represent and act for and on
behalf of the Campany subject ta the follaw9ng provisions:
A6torney-in-Fac1 may be given full power and autharity for and in the nau�e of and of behalf of the Company, to execute, acknawledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other canditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
r1[-k�ra�s�y-an-%"=�et yl�uil t�c taanri%n� t���rn �ka�: 4�tiing��ny €rs ii"�f�;rac� hy t��� 1'r�si��:rsi; ��d sealed and effected by the Corporate Secretary.
�dx r't R�sraia�c�:rf, tlad�k t�a� si�,t��i�ar�.� �f 41�5y ��tkt�rriz�:s� +��i��r 4ar�d� st;ul u4" �i� �`��n�g��ny heretofore or hereafter affixed to any power of attamey or
;sr�y s:�ri�fn�:r�t�; r��:ati�°o�; tS�er�trs by t�rdc�z�ni9�, ura€� any �4��v�r t�i`�tts�rnc� csr c��iific:ne�� bearing facsimile signature or facsimile seal shall be valid
�tti�i �iri�Ciaa� �.��tM� tl�� C:aa�r���sa��� �vii,ta �e-����s:.� �z�r �as,y 1���tJ �r tat��ert��tki���; t� �a��t��h it is attached. (Adopted at a meeting held on 20`� ofApril,
1999.)
In Wilness ereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D, 2013
�:�� �, SURETEC 1:C�C�I.J��r�N�COMPANY
�� ��aik.���� ���•
�� � �'� �'��� B . `�
+� . �+ �ay �, � y' _ � � �..
� � u� �� ��� John l�-nca:� Jr.j-°� �resident
State of Texas ss: ���,., `,� x-�, /
County af Harris ' ° "`� � � �
�.w��,�„d��� ��������
On this 21st day of March, A.D. 2013 befare me personally came John Knox Jr., ta me known, who, being by me duly swom, did depose and say, that he
resides in Houston, Texas, that he is President of SURE'I'EC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he lrnows the seal of said Company; that the seal affixed ta said instrument is such corporate seal; that it was so affixed by order af the
Board of Directors of said Company; and that he signed his name thereta by like order.
�, �.� ;-T JACOUELYN MALDONADO '
Notary Public
���, State oi fexas
t nk �" ` My Comm. Exp, 511812017
�
� �,�,fL � �� _ _ .a.. .
�:��;c� �elyn Maldonado, Notary Public
My commission expires May 18, 2017
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COIvIPANY, da hereby certify that the above and foregoing is a true and correct copy
of a Power of Attomey, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attamey are in full force and effect.
Given under my hand and the seal of said Campany at Houston, Texas this / day of �„���,,,� , I_, A.D.
��. ���
� � .. � �._.. _
. BxacRNt Beaty� Assista„t �,� �,�w��a°y y.�
Any instrument Issued in excess of the penalty stated above is totally void and without any validity.
For veriflcatlan of the authority of this power you may call (713} 812-0800 any busine:ss day between 8:00 am and 5:00 pm C:7.
'�
�`
, � . � . .
. 1 1 . 1 ' � 1 ' ' • ' 1 '
�� ��`� CERTIFICATE OF LIABILITY INSURANCE DATE�MMIDDMlYY)
_ __ _ _
���������
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s). _
PROOUCeR Nnnne Glona Gerecht�� �_�
coN�acr
JIHBT Inc. Pe°Nti F„a�� ��n_�Qa� i�rc r�� 7����.����?—�_
3144 Walnut Hill Lane, 16th Floor ��n,��
)allas TX 75231 ��?�?�����{�-Ct�.b9�r���[�s11�1�?i �[�..� �.- -- T
i�tSlit§CRd51 AFFORDING CC3VEF�AGf w I NAIC N
INSURED ��,��.r���N
LEMCO Construction Services, LP k�.r '
14131 Midway Road, Suite 660
Addison TX 75001
�;
,'4 � �:...
<� �
� ,��-
�3 �
�;�:,x ,. 1 s,,,�
�t:
INSURER B ;
INSURER C :.
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFIGATE NUMBER: ����^p ��,{�(j� Ktvl�iurv rvumrstrc:
—
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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.
.. _.
INSR .... ............ .. —iAD�L �i7BR.._......_._ .... _----_._ ....- .._..... POLICY EFF ��...- PQL.€iCY Ekf .: .... .. LIMITS
�7R TYPE OF YMS��'{'�E�4CE � ir��r� wyn pOLICY NUMpER IMMIpD/YYYYI 'FuG�i4f6f?FYYYY -_ ......._
____ _._. ..._ .__. . .. _ .. .. ....... �..
A GENERAL LIABILITY �'' �PP20495580 10/24/2013 0/24/2014 '' ' "`
EACHOCCURRENCE $1,000,000
GANIAGE T Z�i..C�.E5 �1
- � — --
x ��;YMM�F�; �ttL. GENERAL 1,9�C�Itl.I �1' aRFMISFS !F� s:�cca��rrr��ra} _, 8100,000 _
= '----
� CLAIMS-MADE �J C1C�11�i>'° MED EXP (Any one person) $5 000
— -- -- — _. --
X $5,000 PD Ded PERSONAL & ADV INJURY $1 000,000
��._ , __ .. � ,_ . --° � -- --
x Contractual Liab GENERALAGGREGATE $2,000,000 "
..n-___
-- -- - - -
6�EN L A%GRE�a�TE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 OOQ000
,— U = _ �__ _
IF�CaC1�Y �+� I �d�CS- ,;� �....��, LOC ,:..;: $ ....
A AUTOMOBI�e�.in��i�' ' CA20495570602r°�A 10/24/2013 0/24/2014" ��S���g`����' �� �1�OQ0,000 °"'� �
__.-w x � �. —.—
� ANY AL@F@ BODILY INJURY (Per person) $
� ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
� NON-OWNED I';�C7�'���V�v.M,�GE $ _�.
HIREDAUTOS AUTOS _LK����i?�$?��� -.....
. $
B X UMBRELLA LIAB X OCCUR CU20495600701 10124I2013 0/24/2014 EACH OCCURRENCE $1,000,000
� ..... _._._._---. - ---
��� EXCESSLIAB CLAIMS-MADE AGGREGATE $1,000,000
._.e..� �.�.� , . _ __. ---` - .......__.:
� pF_D � RETENTION$0 ' ,-� $
p WORKERS COMPENSATION � f=°" 204955908 ." 10/24/2013 0/24/2014 X Tnav i Anni7c � �FR
ANDEMPLOYERS'LIABILITY �.,. � �-�•u���-�- ��,.. _ _..
ANY PROPRIETOR/PARTNER/EXECUTIVE Y J'N �' N � A E L EACH ACCIDENT $1,000,000 `� �
OFFICERlMEMBER EXCLUDED? �N � -`�` - � ���� ������� ���
(Mandatory In NH) E L. DISEASE - EA EMPLOYE $1,000,000 '
If yes, describe under � � �'"��
DESCRIPTION OF OPERATIONS below E.L DISEASE- POLICY LIMIT $1,000,000
---.. ._ _ . . __
� Builders Risk-SCOL Form T6604241 L516 10/24/2013 10/24I2014 Job Site Limit $7,500,000
Deductible-$1,000' TransiUOffsite�ach $100,000
Catastrophe Limit $7,500,000
_ _ _ ---
DESCRIPTION OF OPERAiIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additlonal Remarks Schedule, If more space Is requlred)
`except 2% Wind - Named Storm - Harris or Ft Bend Counties, TX. High Hazard windstorm exclusion applies.
Additional Insured form #'s: General Liability (CG7085 0712 ), Automobile (CA7165 1007), and l!'s�°rbrella is follow form. Primary &
Non-Contributory General Liability form #'s( CG7085 0712) and Umbrella #(CU7469 0810).t -
Waiver of subrr���di�n form #'s: General Liability (CG7063 0712 ), Automobile (CA7118 1109 ), and Workers Compensation (WC42 03 04A
See Attached.., ''
CERTIFICATE �N(�I��l�l�
The City of Denton °'����
Purchasing Department
901-B Texas Street
Denton TX 76209
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
/rr'yi�-�- '
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
��� �
AGENCY
MHBT Inc.
POLICYNUMBER ���
CARRIER
ADDITIONAL REMARKS
AGENCY CUSTOMER ID: LEMCOCON
LOC #: y
ADDITIONAL REMARKS SCHEDULE
NAIC CODE
NAMEDINSURED
LEMCO Construction Services, LP
14131 Midway Road, Suite 660
Addison TX 75001
EFFECTIVE DATE:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
l � Uf}); � ....��.� �. �
Page � of �
aticc crf ��n�ll�l�an ��arrn � s: G�n�ral L'€�t��Ipty �1'L70�� Cia�7), Autrapn�bile Liability (IL7045 0507), Workers Compensation (IL7045 0507),
��ess Li��flity (i�.ii3�3� [i5�7`�.
°Tl�� �en�r�! Li�bi�rty � Autc�r��csbil� ��lici�s ir�clsadt� �I�r�k�# adr��ta�r�al insured and blanket waiver of subrogation endorsements to the
certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The
General Liability policy contains an endorsement with "Primary and Non-Contributory" wording that applies only when there is a written
contract between the named insured and the certificate holder that requires such wording.
Worker's Compensation policy includes a waiver of subrogation endorsement that applies only when there is a written contract between
named insured and the certificate holder that requires such wording.
�e (General Liability, Automobile Liabiliiy, 1+'1lc�rk�r's �ampensation and Excess liability) policy(ies) includes a blanket notice of cancellation to
: certificate holder endorsement, provid�ng i�r (3�y d�y�' advance written notice if the policy is canceled by the company, or 10 day written
tice before the policy is canceled for n�n�s�y�er�i c�f pr�mium. Notice is sent to certificate holders with mailing addresses on file with the
ent or the company. The endorsement does not provide for notice of cancellation to the certificate holder if the named insured requests
ncellation.
E: Renovation of Building Lobby at the Municipal Electrical Department
rtificate holder includes the City of Denton, its Officials, Agents, Employees and volunteers.
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACORD
INSURANCE REQUIREMENTS AND
WORKER'S COMP�NSENTATION REQUIREM�NTS
Resl�oi�denl 's alle»tior7 is directed !o Il�e i�a,sura��ce req:iiremenls belol+�. It is l�ighly r•econime�rded lha�
i•esponder7ls cor fe�' 11�11%9 ll�eir ��especlive i�7surpnce ca��r�iers or brake��s lo dele�•mine rra ad��a»ce of
P��oposal/Bid submission ll�e a>>ailabilrly of irasur•rr��ce ce�7ifrcales und et�dorsemenls as p�•esc�•iGed a�7d
pro>>ided he�•ein I,f nn nppar•e»1 lolt> >•espor�denl fails �o com��ly slrictly ��ilh !he insurance �•equir•emertls,
Il�a/ �•espor�de��t may be disquu/ifred fi•ona ati+�a��d of lhe co��h-acl. Upo» co�7h�act ai��ard, all ii�surar�ce
��eqtrir•enre�rls shall beca�ae co�7l��actual obligaliorts, ti��hich �he successfu! co��lrac�or shall l�uve a duly !o
mai�alain 1hr�oughoul �he cou�•se of this co»l�•ac1.
STANDARD PROVISIONS:
Wirlror�r !i»riri��g n�r�� of lJre otlrer ob/ignlioirs or /iahilities of !/re Co�rlractor, tlre Coizlractor s/tnl!
provide nnd mainlain uirti/ the con�racted ►vork llas bee�r comple�ed and accepled by lhe City of
De»lar, Owner, 11re »ii�ri�uunr ii�srirnnce covernge as indicate�l lrerei�raffer.
As snort ns prpclicnble afler �rolifrcnliorr of cosrlrtrct aivard, Ca�frnctor slrn!! fr/e wit1� tlre Purc%asing
Depnrb�reirl salisfnctory cerlifrcales of i►rsi�rnrrce, ca�lni�ri�rg tlre co�rlract �runrber n�rd ritle of tlre
projecl Ca�lrnclor »rny, �ipon ►vrilten requesl tn 1Jre Purcl�asi►rg Depnrli�renl, nsk for clnrrfrcnlioi: of
nny insurn�rce require»re�zts a! airy lime; /rowever, Co�rlrnclors are slro�:gly advised Po nrnke sr�ch
requests prior 10 proposa!/bid opeiring, since lhe insurn�rce requirenrents may �ro1 be nrodified or
�vaived nfler proposa//birl oneni�rg ro:less n ivritlei7 exceplioir lrns beeit subnritled wil/r 11�e prvnosn//bid
Contr�rclor shn!/ noi comr�te�rce nny work or delirer any ��interia! un�i! he or slre receives rrolifrcalion
tl�nt tlre ca�tracl Iras bee�T nccepted, approved, and sig�re�l by tlre City of De�tlo�z.
A/! insurnnce po/icies proposed a• obtniired iit salisfaciion of lliese reqrtire»te►tls s/ra!! conrJ�ly wi1lr !he
followi�r,� genern! specifrcalions, and s/tn!! he niai�rlai�red i►r conrplia�rce �vid� drese ge»era!
specificalions lJtrougl�o��l N�e rlurn�iar of 11re Conlracl, or lo�t�er, rf so »oted:
� Lach policy sl�all be issued by a compai�y authorized to do business in ihe State of Texas witl� an
A.M. Best Company rating of at least A.
Any deductibles or self insured retentions sliall be declared in tlie proposal. If requested by tlie
City, the insurec shall reduce or eliminate such deductibles or self insured retentions �vith respect
to tl�e City, its officials, agents, employees and volunteers; or, the contractor sl�all procure a bond
guaranteeing payment of losses and related investi�ations, claim adminisiratioil and defense
eapenses.
• I.iability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Cmployees 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 ihat this insurance applies separately
to each insured against ���hom claim is made or suit is brou�ht. The inclusion of more
than one insured shall not operate to increase the insurer's limit of liability.
• C��rrcel/alio�r: Cifj� reqr�ires 30 day ivrille�r �rolice s/rotdd an1� of N�e policies descriGed �ir t/re
cer�ificnle be ca�tce//ed or nra�eri�rllp c/rnnger! Gefore rl�e eaniralio�t dnte.
• Should any of the required insurance be provided under a claims made fonn, Contractor shall
maintain such coverage continuously throu�hout the term of this contract and, without lapse, for a
period of three years beyond the contract expiration, such that occurrences arising durin� the
contract term which give rise to claims made af'ter expiration of the contract shall be covered.
Should any of ihe required insurance Ue provided under a form o!' covera�e that includes a
general annual a�gregate limit providing for claims investigation or legal defei�se costs to be
included in the �eneral annual aggregate limit, the Contractor shall either double the occurrence
limiis or obtain O��mers and Contraciors Proiective Liability Lisurance.
• Shotild any required insurance lapse during the contraci ierm, requests for payments originating
after sucl� lapse shall not be processed until the City receives satisfactory evidence of reinstated
coverage as required by this contract, effective as of'tl�e lapse date. ]f insurance is not reiristated,
City may, afi its sole option, terminate this agreement efrective on the date of the lapse.
SP�CIFIC ADDIT�ONAL INSURA.NCE R�QUIREMENTS:
A// i�tsura�rce policies proposed or ohtaine�! i�T snfisfnc�io» of tlris Co�rrracl sl�nll adrlition�l/y conrpl��
wi!/i t/re fol/owing nrarkerl specifrcalio�zs, and slrrr!! be mniirtni�red in con�plin�rce with tlrese adrlilionnl
specificnlions f/troughout tlee durntion of tlre Co�rlrncl, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance witli combined single limits of not less tl�a�� $1,000,000.00 sliall
be provided and maintained by tlie Contractor. The policy sliall be written on an occurrence
basis either in a single policy or in a combination of underlying and umbrella or excess
policies.
Ifthe Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form
property damage coverage.
� Coverage B shall include personal injury.
• Coverage C, medical payn�ents, is not required.
If tl�e Compreliensive General Liability form (1S0 Form GL 0002 Current Cdition
a�id ISO Form GL 0404) is used, it shall inelude at least:
• Bodily injury and Property Damage Liability for premises, operations, producls and
completed operations, independent contractors and property damage resulting fi•om
explosion, collapse or underground (XCU) exposures.
• Broad form contractual liabiliiy (pre!'erably by endorsement) coverin� this contract,
personal injuiy liability and broad form properly damage liability.
CITY OF DENTON
RFP 5506
[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 tlie operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
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 l in accordance with §406.096 of the Texas Labor Code and rule 28TAC l 10.110 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 tl�e
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.
[ X] Builders' Risk Tnsurance
Builders' Risk Insurance, on an All-Risk f'orm for ] 00% of tlie completed value shall be provided,
Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their
interests may appear.
[ ] Commcrcial Cri�ne
Provides covera�e for tl�e tlieft or disappearance of cash or checks, robbeiy inside/outside tlie
premises, burglaiy of tl�e p�•emises, and employee fdelity. Tl�e employee fdelity portion of iliis
coverage should be ���ritten on a"blanket" basis to cover all employees, including new hires. This
type insurance should be required if the contractor has access to City l�imds. Limits of not less
than $ each occurrence are required.
[] AdditionalInsuraacc
Other insurance may be required on an individual basis for extra hazardous contracts and specifc
service agreements. lf such additional insurance is required for a specific contract, that
requirement will be described in tlie "Specific Conditions" of the contract speci�cations.
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental �ntities
A. Definitions:
Certifieate of coverage ("certi�cate")-A copy of a certificate of insurance, a
cei�tificate of autliority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' cotnpe�isation insurance coverage for tl�e person's or ei�tity's employees
providing services on a project, for the duration of the project.
Duraiion of the project - includes the time fi•o�n the beginning of the work on the
project uniil t11e contractor's/person's work on the project has been completed and
accepted by the goverrunental entity.
Peisons providing services on the project ("subcontractor" in §406.096) - includes all
persons or eniities performing all or part of the services tl�e cont�•acior has
undertaken to perform on the project, regardless of ���hether il�at �ez-son contracied
directly with the contractor and regardless of whether that person l�as employees.
Tllis includes, without liznitatioii, independeni contractors, subcontractors, leasing
companies, motor car�•iers, owner-operators, employees of any such eiitity, or
employees of any eiatiiy which furnishes persons fio provide sei�vices on the project.
"ServSces" include, without limitation, providing, l�auling, or delivering equipniei�t or
n�ate��ials, or providing labor, transportation, or otl�e�� service relaied to a project.
"Services" does noi include activities unrelated to the project, such as food/bevera�e
vendors, of�fce supply deliveries, and delivery of poa�table toilets.
B. The contractor sl�all provide coverage, based on proper reporting of classification
codes and payroll aanounis and filing of any overage agreements, wllich meets the
statutory requirements of Texas Labor Code, Section 40l .011(44) for all employecs
of the Contractor providing services on the project, for the duration of the p�•oject.
C. The Contractor n�.ust provide a certificate of coverage to the governmental entily
prior to being awaxded the contract.
D. If the coverage period shown on ihe contractor's current certif cate of coverage ends
during the duration of the project, the contractor must, prior to ihe end of the
coverage period, fle a new cerlifcate of coverage with the governnle��ta1 entity
showing fihai coverage has been exiended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governinental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
the goveninlental entity will have on file certificaies of coverage showin�
coverage for all persons providing services on the project; and
2. no later tlian seven days afte�� receipt by the contractor, a new certificate of
covera�e showing extension of covei•age, if the coverage period shown on the
current certif cate of coverage ends during the duration of the project.
P. The contractor shall retain all required certificates of coverage for fihe 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 la�ew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the projeci.
H. The contractor shall post on each project site a notice, in ihe text, %rn� and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that tl�ey are required io be covered, and stati�ig
how a pei•son may verify coverage and xeport lack of coverage.
T. The contractor shall contractually require each person with whom it conh•acts to
provide services on a project, to:
l. provide coverage, based on proper reporting of classification codes and payroll
anlounts and filing of any coverage a�ree�nents, which meets the statutory
requii•ements of Texas Labor Code, Seciion 40l .011(44) for al l of its employces
providing services on ihe project, for the duration of the project;
2. provide to the contractor, prior to that perso�i beginni�ig work on the project, a
certificate of covei•age showing tl�at covera�e is being provided for all employees
of tlie person providing sei•vices on the project, for the duration of tl�e project;
3. provide the contractor, prior to the end of ihe coverage period, a new cerlificate of
coverage showin�; extension of coverage, if the coverage period shown on ihe
current cerlif cate of covera�e ends during the duration of the project;
4. obtain from each other person with whom it contraets, and provide to the
contractor:
a. a certificate of coverage, prior to the other persoi� beginning work on ihe
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 projeci;
5, retaiai all reguired certif cates of coverage on file for the duration of the project
and for o�ae year thereafter;
G. notify the �overnmental entity in writin� by certified mail or pei•sonal delivery,
��viihin 10 days after the perso�� knew or should have known, of any change that
materially affects tlic provision of coverage of any person providing services on
ihe projeci; and
7. Contractually require each person with whon� it contracts, to perform as required
by paragraphs (1) -(7), with the certif cates of coverage to be provided to the
person for whom they are providin�; services.
J. By signing this contract or providing or causing io be provided a certif cate of
coverage, tlie contracior is representing to the govei-�innental eniity that all employees
of the contractor who will provide services on the project will be covered by
workers' compensation covera�e for the duration of the project, that the coverage
will be based on proper reporting of classifcation codes and payroll anaounts, and
that all coverage agreements will be filed with the appropriaie insurance carrier or, in
the case of a self insured, with the COI711111SS1011�5 Division of Self Insurance
Regulation. Providing false or misleading information may subject the contractor to
ad►��inist�•ative penalties, criminal penalties, civil penalties, or otl�er civil actions.
K. Tlie contractor's failure to co�nply with any of these provisions is a breach of
contract by the contractor which entitles the governme��tal entity to declare the
contract void if the contractor does n.ot remedy the breach within ten days after
receipt of notice of breacl� from the governmental er�tity.
May 9, 2014
Tlle City of Denton
Purchasing Department
901-B Texas Street
Dentoia, TX 76209
Policy Number:
Policy Description:
Insurance Company:
Effective Date:
Expiration Date:
Dear Policyholder:
GL2092185
Owners & Contracto��s' Protective
Amerisure
OS/l 5/2014
11/15/2014
We are pleased to enclose your Owners & Contractors' Protective policy bought by LEMCO
Construction Services, LP.
We have examined your policy for accuracy but encourage you to review it. Please advise us of
any changes that you feel are necessary.
It has been a pleasure to assist you in renewing your coverage and in continuing to �neet your
insurance needs.
lf you have any questions, please contact Gloria Gerecht at 972-770-1492. It is a pleasure to
serve you.
Sincerely,
MHBT lnc.
..
Erica Rhoades
Commercial A�ialyst to Gloi-ia Gerecht
Enclosure
MHBT Inc. 8144 Walnut Hill Lane, 16th Floor Dallas, Texas 75231 972-770-1600
Ler�ders i�i Risk Solutiuns Insurance and Bonds ,�
��''��
POLICY NUMBER: GL 20921850002 ������� IL DS 71 05 02 08
ACCOUNT NUMBER: 20032272
COMMON POLICY DECLARATIONS
AMERISURE MUTUAT, TNSURANCE COMPANY MHBT INC.
26777 HALSTED ROAD B144 WALNUT HTLL LN 16TH FL
FARMINGTON HILLS, MI 4B331-3586 DALLAS, TX 75231
NAMED INSURED: Tx� CITY �F DF.NTON
MAILING ADDRESS: PURCHASING DEPT
.��.......� - ._.�.
901-8 TEXAS STREET
�.w ��...._._m.._.e,�e_�..�. _..� .._
DENTON. TX 7620� _ _ �.�,.,,,,__... ___ _
POLICY PERIOD: FROM �� o5/i5i2o14___,__ _. Tp 11/15/2014 _____ AT 12:01 A.M. STANDARD
__ �.� _____ .............. .�___ — �� _
Rl ISINFSS I�F�C'RIPTIIIN OCP �
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJEC7 TO ALL THE TERMS OF THIS POLICY,
WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
THIS pOLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS
PREMIUM
CAPITAL A5SETS PROGRAM (OUTPUT POLICY) COVERAGE PAR7 $, ___... _
COMMERCIAL AUTOMOBILE COVERAGE PART $ _ _
COMMERCIAL GENERAL LIABILITY COVERAGE PART $ a�,.�___.__. 500,00
COMMERCIAL INLAND MARINE COVERAGE PART $_
COMMERCIAL LIABILITY UMBRELLA � -----
COMMERCIAL PROPERTY COVERAGE PART $
CRIME AND FIDELITY COVERAGE PART $ �
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART $ m�..._�.,,,,�_
EQUIPMENT BREAKQOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
Premium shown is payable: $
Issue Date: 04/22/2014
$w
$ .._..__._ �..—__.�.e�.�
$
$ _�..-..�..-.�....._�.__�..��
$
.�.��. � $ --��� �
TOTAL: $ 500.00
at inception. $ 500 . o0
IL DS 71 05 02 08 INSURED COPY Page 1 of 2 �
Countersigned:
(Date)
�
"SEE FORMS & ENDORSEMENT SCHEDULE"
By:
(Authorized Representative)
NOTE
OFFICERS' FAGSIMILE SIGNATURES MAY BE INSERTED HERE, ON THE POLICY COVER OR ELSEWHERE AT THE COMPANY'S OPTION.
Page 2 of 2 IL DS 71 OS 02 08 ❑
POLICY NUMBER: GL 20921850002
COMMERCIAL GENERAL LIABILITY
CG DS 70 02 09 06
OWNERS AND CONTRACTORS PROTECTIVE
LIABILITY DECLARATIONS
AMERISURE MUTUAL INSURANCE COMPANY MHBT INC.
26777 HALSTED ROAD 8144 WALNUT HILL LN 16TH FL
FARMINGTON HILLS, MI 48331-3586 DALLAS, TX 75231
NAMED INSURED: TxE CITY QF DENTON
MAILING ADDRESS: prrurun�Trrr_ nFVm
_ u.�. .. ........ __
901-B TEXAS STREET
- - ---_ _ _ ._.... - _._...
DENTON, TX 76209
POLICY PERIOD: FROM 05/15/2014 TO 11/15/2014 AT 12:01 A.M. TIME AT
YOUR MAILING ADDRESS SHOWN ABOVE
LOCATION OF COVERED OPERATIONS; PURCHASTNG DEPARTMENT; 901-B TEXAS STREET
DENTON, TX
DE51GNA7ED CONTRACTOR
MAILING ADDRESS:
7�FMC'(� C'nNSTRi7CT20N ��+'�'S}'����n� T�P _. _ m
14131 MIDWAY RD
STE 660 �
...�. _
ADDISON. TX 75D01
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
EACH OCCURRENCE LIMIT
AGGREGATE LIMIT
FORM OF BUSINESS:
❑ INDIVIDUAL
❑�
$ 1-9.0�-..���
$ i,000.000
PTION OF BUSI
❑ PARTNERSHIP
❑ JOINT VENTURE
❑ LIMITED LIABILITY COMPANY � ORGANIZATION, INCLUDING A CORPORATION (BUT NOT IN-
CLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILI7Y
COMPANY)
ISSVE DATE: 04/22/2014 INSURED COPY
CG DS 70 02 09 06 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2
❑�
CLASSIFICATION
SEE SCHEDULE
�L.�1����l�A71�iN Ai'�� PR�M1'l�f� . __
CODE PREMIUM RA7E PER ADVANCE PREMIUM
NO. BASE 1_0�0 OF COST
. . - - - _ �......�� .� �._.....��� _
9EB SCH6DULE 9E6 9CHEDULE SEB acxeavice � $152
STATE TAX OR OTHER (if applicable) $_�
�aa nnm
TOTAL PREMIUM (SUBJECT TO
AUDIT) $
PREMIUM SHOWN IS PAYABLE:
AT INCEPTION $ 500.00___
AT EACH ANNIVERSARY $
(IF POLICY PERIOD IS MORE THAN ONE YEAR AND PRE-
MIUM IS PAID IN ANNUAL INSTALLMENTS)
AUDIT PERIOD (IF APPLICABLE) �❑ ANNUALLY � O SEMI- �❑ QUARTERLY �❑ MONTHLY
_ ANNl1AIJ�Y
�MiC��?���M�hl�'� _
FNI�C�RSFMFNTS ATTAC'HFI� T(� THIS Pnl ICY� o�..�.,__
SEE FORMS AND ENDORSEMENTS SCHEDULE
THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE
FORM(S) AND ANY ENDORSEMENT(5), COMPLETE THE ABOVE NUMBERED POLICY.
Countersigned: By:
(Date) � � (Authorized Representative)
NOTE
OFFICERS' FACSIMILE SIGNATURES MAY BE INSERTED HERE, ON THE POLICY COVER OR ELSEWHERE A7 THE COMPANY'S OPTION.
Page 2 of 2 Copyright, Insurance Services Office, Inc., 1998 CG DS 70 02 09 06 �
- • . .' -
POLICY NUMBER GL 20921650002 EFFECTIVE DAT� OS/15/2014
NAMED IN$URED THE CITY OF DENTON
Named Insured
xxE czxY oF DENTON
IL DS 71 04 09 06 Page 1 of 1
� �
......a �..
s
,
,:
,
.
.
,
. �
.
,
°,
� �,
:
:.
.
�;
�
�
�
0
N
�
�
�
�
�
0
W
h
Q
0
W
>
U
W
lL
LL
W
0
z
O A
0
° o
N H
O\ H
o U
N
W
C7 H
�
W
m
�
Z
i�
u
J
0
a
.
.
.
ti
�
�
w
�
Q
m
i
�
�
w
�
0.
0
0
N
111
r-I
�
�
a
H
x
O �
L!1 A
�Y' �d'
Q �
�
Z
�
�
z
0
�
H
�
w
a
0
H �
�' z
O H
U �
� a
H U
O �
E� W
�
�
O
a
,� a
� �W N
� O
� � O
� �
O
a
x rx
w w�
0
�
�
O z
z N O
H
� °o ,� �
�
� u o
a o 0
Z Q U
Q Z U a
Z o w LL �
o Q m � Z
�
Uo Z J� o
LL J U
� r N
� c c
u J J
�i
w
0
�
x
�
�o
�
w
A
w
w
�
�
H
�i
O
�
a
DC �
� H
0
0
�
do
M
�
�
H
�
w
a
a
�
H
z
H
�
�
H
a
0
a
O
H
W
U
� �
H �
[7
r
�
dl
10
a
-
.. .-
-+ -.
. •-
A 40 10 02 10
IL 00 21 09 08
TL 09 85 01 OS
M 10 B5 05 09
CG 00 09 04 13
c� 2i �a oi os
CG 28 55 03 93
CG 31 07 02 00
CG 70 42 04 03
CG 71 95 01 09
• . .. - - -. -
GL 20921850002
THE CITX OF DEI3TON
r- . :
Effective Date: 05/15/2014
TEXAS IMPORTANT NOTICE
N'UCLEAR ENERGY LIABILITY EXCLUSIOIV
DISCLOSURE PURSUANT TO TERRORISM R2SK INSI7RANCE ACT
AMERI3URE MUTUAL INSURANCE COMPANY - SIGNATURE PAGE
OWNERS & CONTRACTORS PROTECTIVE LIAB COV-OPERATIONS OF DESIGNATEI7 COIVTRACTOR
CAP ON LOSSES FROM CERTIFIED ACTS OF TERROk2ISM
TEx�s cxP.rlcES - c�cELLAmzorv �vD NontRENEwAL
TEXAS CHANGES - COIVDITIONS REQUIRTNG NOTICE
ASBESTOS EXCLUSIOI3 END012SEMENT
PRIVACY PROTECTION CONDITiON
IL DS 71 O1 09 06 Page 1 of 1
IL 00 21 09 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following;
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
1. The insurance does not apply:
A. Under any Liability Coverage, to "bodily injury"
or "property damage";
(1) With respect to which an "insured" under
the policy is also an insured under a nu-
clear energy liability policy issued by Nu-
clear Energy Liability Insurance Associa-
tion, Mutual Atomic Energy Liabiliry
Underwriters, Nuclear Insurance Associa-
tion of Canada or any of their successors,
or would be an insured under any such pol-
icy but for its termination upon exhaustion
of its limit of liability; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is re-
quired to maintain financial protection pur-
suant to the Atomic Energy Act of 1954, or
any law amendatory thereof, or (b) the "in-
sured" is, or had this policy not been issued
would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organi-
zation.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in-
jury" resulting from the "hazardous properties"
of "nuclear material" and arising out of the op-
eration of a"nuclear facility" by any person or
organization.
C. Under any Liability Coverage, to "bodily injury"
or "property damage" resulting from "hazard-
ous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on be-
half of, an "insured" or (b) has been dis-
charged or dispersed therefrom;
(2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time pos-
sessed, handled, used, processed, stored,
transported or disposed of, by or on behalf
of an "insured"; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nu-
clear facility", but if such facility is located
within the United States of America, its terri-
tories or possessions or Canada, this ex-
clusion (3) applies only to "property dam-
age" to such "nuclear facility" and any
property thereat.
2. As used in this endorsement:
"Hazardous properties" includes radioactive,
or explosive properties.
"Nuclear material" means "source material",
cial nuclear material" or "by-product material"
toxic
"spe-
IL 00 21 09 08 O ISO Properties, Inc., 2007 Page 1 of 2 ❑
"Source material", "special nuclear material", and
"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel com-
ponent, solid or liquid, which has been used or ex-
posed to radiation in a"nuclear reactor".
"Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentra-
tion of uranium or thorium from any ore processed
primarily for its "source material" content, and (b)
resulting from the operation by any person or or-
ganization of any "nuclear facility" included under
the first two paragraphs of the definition of "nu-
clear facility".
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or packag-
ing "waste";
(c) Any equipment or device used for the proc-
essing, fabricating or alloying of "special
nuclear material" if at any time the total
amount of such material in the custody of
the "insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of pluto-
nium or uranium 233 or any combination
thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises
or place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing
is located, all operations conducted on such site
and all premises used for such operations.
"Nuclear reactor" means any
or used to sustain nuclear
supporting chain reaction or
mass of fissionable material.
apparatus designed
fission in a self-
to contain a critical
"Property damage" includes all forms of radioac-
tive contamination of property.
Page 2 of 2 �O ISO Properties, Inc., 2007 IL 00 21 09 OS ❑
IL 01 68 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES - DUTIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
OWNERS AND CONTRAC70RS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
The following is added to the Duties Condition:
We will notify the first Named Insured in writing of:
1. An initial offer to settle a claim made or "suit"
brought against any insured ("insured") under
this coverage. The notice will be given not later
than the 10th day after the date on which the
offer is made.
�. �r�y ��tif�m�r�t r�f a �I�irn r��c�� �r "suit"
k��°�u�k�t ���inst tl�i� �nsur��i („ir�sti�r��") �nc��t°
tl�i� ��ver�c�c., �h� r��ati�e wil� t�e gis��r� nat I�t�r
thar� tE�� 3�9tta �i�y ��ier #.1�� ���t� �# tl��
��ttE�r�c��nt.
IL 01 68 03 12 O Insurance Services Office, Inc.,2011 Page 1of 1
POLICY NUMBER; cL 2o92is50002
IL 09 85 01 08
THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN
RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK
INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR
CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY.
DISCLOSURE PURSUANT TO TERRORISM RISK
INSURANCE ACT
SCHEDULE
Terrorism Premium (Certified Acts) $ . 00
This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Cover-
age Form(s) and/or Policy(s):
OWNER & CONTRACT012 PROTECTiVE LIABTLITY,GL 20921850002
Additional information, if any, concerning the terrorism premium:
Inf�rr���tic�n r'��uEr�e� tea ��rr���lete thws �c���dcale. iT
A. Disclosure Of Premium
In accordance with the federal Terrorism Risk In-
surance Act, we are required to provide you with a
notice disclosing the portion of your premium, if
any, attributable to coverage for terrorist acts certi-
fied under the ierrorism Risk Insurance Act. The
portion of your premium attributable to such cov-
erage is shown in the Schedule of this endorse-
ment or in the policy Declarations.
B. Disclosure Of Federal Participation In Payment
Of Terrorism Losses
The United States Government, Department of the
Treasury, will pay a share of terrorism losses in-
sured under the federal program. The federal
share equals 85% of that portion of the amount of
such insured losses that exceeds the applicable
insurer retention. However, if aggregate insured
losses attributable to terrorist acts certified under
the Terrorism Risk Insurance Act exceed $100 bil-
lion in a Program Year (January 1 through De-
cember 31), the Treasury shall not make any
payment for any portion of the amo�nt of such
losses that exceeds $100 billion.
I �� �i���,rn in the C��ci�r�t�o
C. Cap On Insurer Participation In Payment Of
Terrorism Losses
If aggregate insured losses attributable to terrorist
acts certified under the Terrorism Risk Insurance
Act exceed $100 billion in a Program Year (Janu-
ary 1 through December 31) and we have met our
insurer deductible under the Terrorism Risk Insur-
ance Act, we shall not be liable for the payment of
any portion of the amount of such losses that ex-
ceeds $100 billion, and in such case insured
losses up to that amount are subject to pro rata al-
location in accordance with procedures estab-
lished by the Secretary of the Treasury.
IL 09 85 01 08 O ISO Properties, Inc., 2007 Page 1 of 1 C1
AMERISURE MUTUAL INSURANCE COMPANY
26777 Halsted Road, Farmington Hills, MI 48331-3586
Phone 1-800-257-1900
ASSIGNMENT
Assignment of this policy is valid only with the written consent of this Company.
POLICY CONTENT
This policy is made and accepted subject to the foregoing provisions and
stipulations and those which follow. These provisions, in addition to those added by
amendment or endorsement are a part of this policy.
This policy consists of the Common Policy Declarations, Coverage Parts and
endorsements listed in that Declarations form. In return for the payment of the premium,
the Company agrees with the Named Insured to provide the insurance afforded by a
Coverage Part forming part of this policy.
MUTUAL POLICY CONDITIONS
This policy is non-assessable. You may participate in the distribution of dividends to the
extent and upon the conditions fixed and determined by the Board of Directors. Dividends
cannot be guaranteed. Any distribution will be made in accordance with law.
The Company has by its authorized representative executed and attested to these
provisions as reflected below.
By virtue of this policy, the insured is a member of Amerisure Mutual
Holdings, Inc. of Farmington Hills, Mi��i��n. N1�mb��s �r� �r�iit��� �o v�ti+�
either in person or by proxy at any m��fii�rg� �f �r��mb�r'�, A�nr���l rr���tin��
are held on the second Thursday of M�y �� e�ck� y��r �t �{l:�ii A.M. �t the
Home Office in Farmington Hills, MI or �t ����h �th�r �l�c� �n th� �ity c��
Farmington Hills, to which the members may adjourn such meeting.
I // I / �
i
Secretary
M 10 85 05 09
U,�i�%1��^�d
President
COMMERCIAL GENERAL LIABILITY
CG 00 09 04 13
4WNERS AND CONTRACTORS PROTECTIVE
LIABILITY COVERAGE FORM - COVERAGE
FOR OPERATIONS OF DESIGNATED CONTRACTOR
Various provisions of this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declarations.
The words "we", "us" and "our" refer to the company
providing this insurance.
The word "insured" means any person or organization
qualifying as such under Section II — Who Is An
Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V—
Definitions.
SECTION I — COVERAGES
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suiY' seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence" and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in 5ection III — Limits
Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements.
No other obligation or liability to pay sums or
perForm acts or services is covered unless
explicitly provided for under Supplementary
Payments.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" and arises out
of:
(a) Operations perFormed for you by the
"contractor" at the location specified in
the Declarations; or
(b) Your acts or omissions in connection
with the general supervision of such
operations;
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II — Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the "bodily
injury" or "property damage" had occurred,
in whole or in part. If such a listed insured
or authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under
Paragraph 1. of Section II — Who Is An Insured
or any "employee" authorized by you to give or
receive notice of an "occurrence" or claim,
includes any continuation, change or
resumption of that "bodily injury" or "property
damage" after the end of the policy period.
CG 00 09 04 13 O Insurance Services Offce, Inc.,2012 Page 1of 9
d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II — Who Is An
Insured or any "empioyee" authorized by you to
give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily injury"
or "properry damage" to us or any other
insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
e. Damages because of "bodily injury" include
damages claimed by any person or
arganization for care, loss of services or death
resulting at any time from the "bodily injury".
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "properry damage" occurs
subsequent to the execution of the contract
or agreement. Solely for the purposes of
liability assumed in an "insured contracY',
reasonable attorneys' fees and necessary
litigation expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, ar for the cost
of, that party's defense has also been
assumed in the same "insured contracY';
and
(E�) ���r.lt attcarr7�ys° (�s�s �r��i litig�tic�r�
�x¢��r�sc s ar� f�r c��fens� �af tf1�t �a�rty
�ac�ai��st a �ivil �r �alt�rr��tive eli�put�:
r�s�l�ki�� pr�c���ing ir� uv1���h �i�r��c�es
ta v!�hich tf�i� in�urar�c� a{a��li�s �r�
alleged.
c. Work Completed Or Put To Intended Use
"Bodily injury" or "property damage" which
occurs after the earlier of the following times:
(1) When all "work" on the project (other than
service, maintenance or repairs) to be
perFormed for you by the "contractor" at the
site of the covered operations has been
completed; or
(2) When that portion of the "contractor's"
"work", out of which the injury or damage
arises, has been put to its intended use by
any person or organization, other than
another contractor or subcontractor working
directly or indirectly for the "contractor" or
as part of the same project.
d. Acts Or Omissions By You And Your
Employees
"Bodily injury" or "property damage" arising out
of your, or your "employees", acts or omissions
other than general supervision of "work"
perFormed for you by the "contractor".
e. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
f. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
���i� �x��u�ic�� a�a�.�lE�s v�Fi�t��t= ti�r� insur`�ci
r�n�y la� li�h1� �� ��ri en���f�y�r c�� irr �r�a�r c�th�r
capa�i�� �n� ts� �r�y c�bfi��ti�n t� �k��r��
�a�r��e��� wi�f� ar r�p�y ��rr��a�� el�e w3a�
r�n���i F��y da�rt�c��s 1����us� o� th� �r�j�r�.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
Page 2 of 9 O Insurance Services Office, Inc.,2012 CG 00 09 04 13
g. Damage To Property
"Property damage" to:
(7) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement,
restoration or maintenance of such property
for any reason, including prevention of
injury to a person or damage to another's
property;
(2) Property loaned to you;
(3) Personal property in the care, custody or
control of the insured; or
(4) "Work" performed for you by the
"contractor".
h. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
i. Mobile Equipment
"Bodily injury" or "property damage" arising out
of the use of "mobile equipmenY' in, or while in
practice for, or while being prepared for, any
prearranged racing, speed, demolition, or
stunting activity.
j. Pollution
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by or
originating from equipment that is
used to heat, cool or dehumidify the
building, or equipment that is used to
heat water for personal use, by the
building's occupants or their guests;
(ii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the
handling, storage, disposal, processing
or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for whom
you may be legally responsible; or
(d) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the "pollutants"
are brought on or to the premises, site
or location in connection with such
operations by such insured, contractor
or subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape from
a vehicle part designed to hold, store
or receive them. This exception does
not apply if the "bodily injury" or
"property damage" arises out of the
intentional discharge, dispersal or
release of the fuels, lubricants or
other operating fluids, or if such
fuels, lubricants or other operating
fluids are brought on or to the
premises, site or location with the
intent that they be discharged,
dispersed or released as part of the
operations being performed by such
insured, contractor or subcontractor;
CG 00 09 04 13 O Insurance Services Office, Inc.,2012 Page 3of 9
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by or on behalf of any
insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire".
(e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
perForming operations if the operations
are to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of "pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of "pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of "pollutants".
However, this paragraph does not apply to
iial��lity ft�r c��ri�as��� k���:���e c�f "��e���:.�y
dar�a��" th�t th� in�ured v�r�uld h��e ir� tl��
�%��r�c�: c�sf �u�l� r�����k, derrm�r��i, �rc��r ar
�t�tut�ry �ar r�c�ul�tvr}+ r°�q��r�:t�er7t, �r such
�:���m �r ""���+it" fay �� c�n k��l��tif €�f �
governmental authority.
k. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
This exclusion does not apply to the loss of use
of other property arising out of sudden and
accidental physical injury to "work" performed
for you by the "contractor".
I. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate.electronic data.
However, this exclusion does not apply to
liability for damages because of "bodily injury".
As used in this exclusion, electronic data
means information, facts or programs stored as
or on, created or used on, or transmitted to or
from computer software, including systems and
applications software, hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing
devices or any other media which are used
with electronically controlled equipment.
SUPPLEMENTARY PAYMENTS
We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
this insurance applies. We do not have to
furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. f�il r�a��anc�k�le ex�a�r���� i��c:urr�cJ �ay i�e
�nsurc�c� �i c�ur r�qu��t t� ���i�t �as sn i���
ir�v��tig�ti�ar� �ar d�fe�as� c�f tk�r� ri�irrs �r '"��sit",
in�l�tlir�g ��t�€:�I lr��� c�fi �a�nir�c�� u{� tc� ��a�7 �
d�y �a�c�t��� �af tirr�e c�� frr�rt� w��°k.
e.
f.
(1) A defect, deficiency, inadequacy or
dangerous condition in "work" perFormed for
you by the "contractor"; or g�
(2) A delay or failure by you or anyone acting
on your behalf to perForm a contract or
agreement in accordance with its terms.
All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment that
is within the applicable limit of insurance.
Page 4 of 9 O Insurance Services Office, Inc.,2012 CG 00 09 04 13
h. Expenses incurred by the insured for first aid
administered to others at the time of an
accident for "bodily injury" to which this
insurance applies.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a"suit" and an
indemnitee of the insured is also named as a party
to the "suit", we will defend that indemnitee if all of
the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the
interests of the insured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suiY' and agree that
we can assign the same counsel to defend the
insured and the indemnitee; and
f. The indemnitee;
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph
2.b.(2) of Section I— Coverages — Bodily Injury
And Property Damage Liability, such payments will
not be deemed to be damages for "bodily injury"
and "property damage" and wifl not reduce the
limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when we have used up the applicable limit of
insurance in the payment of judgments or
settlements or the conditions set forth above, or
the terms of the agreement described in
Paragraph f. above, are no longer met,
SECTION II — WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to their duties as partners or members
of a joint venture.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to their duties as members of a limited
liability company. Your managers are insureds,
but only with respect to their duties as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors
are insureds, but only with respect to their
duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
2. Each of the following is also an insured:
Any person (other than your "employee") or
any organization while acting as your real
estate manager.
CG 00 09 04 13 O Insurance Services Office, Inc.,2012 Page 5of 9
b. Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
c. Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
No person or organization is an insured with respect
to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown
as a Named Insured in the Declarations.
SECTION III — LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The Aggregate Limit is the most we will pay for the
sum of damages because of all "bodily injury" and
"property damage".
3. Subject to Paragraph 2. above, the Each
Occurrence Limit is the most we will pay for the
sum of damages because of all "bodily injury" and
"property damage" arising out of any one
"occurrence".
If you designate more than one project in the
Declarations, the Aggregate Limit shall apply
separately to each project.
7he Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV — CONDITIONS
7. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Cancellation
a. The first Named Insured shown in the
Declarations may cancel this policy by mailing
or delivering to us advance written notice of
cancellation.
b. We may cancel this policy by mailing or
delivering to the first Named Insured and the
"contractor" written notice of cancellation at
least:
(1) 10 days before the effective date of
cancellation if we cancel for nonpayment of
premium; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason.
c. We will mail or deliver our notices to the first
Named Insured's and the "contractor's" last
mailing address known to us.
d. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
e. If this policy is cancelled, we will send the
"contractor" any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be
effective even if we have not made or offered a
refund.
f. If notice is mailed, proof of mailing will be
sufficient proof of notice.
3. Changes
This policy contains all the agreements between
you, the "contractor" and us concerning the
insurance afforded. The first Named Insured
shown in the Declarations and the "contractor" are
authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.
4. Duties In The Event Of Occurrence, Claim Or
Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" which may
result in a claim. To the extent possible, notice
should include:
(1) How, when and where the "occurrence"
took place;
(2) The names and addresses of any injured
persons and witnesses; and
Page 6 of 9 O Insurance Services Office, Inc.,2012 CG 00 09 04 13
(3) The nature and location of any injury or
damage arising out of the "occurrence".
b. If a claim is made or "suit" is brought against
any insured, you must:
{1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or "suiY' as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit' ; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured because of injury or damage
to which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
5. Examination Of Your Books And Records
We may examine and audit your books and
records as well as the "contractor's" books and
records as they relate to this policy at any time
during the policy period and up to three years
afterward.
6. Inspections And Surveys
a. We have the right to:
(1) Make inspections and surveys at any time;
(2) Give you reports on the conditions we find;
and
(3) Recommend changes.
b. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to
insurability and the premiums to be charged.
We do not make safety inspections. We do not
undertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
(1) Are safe or healthful; or
(2) Compiy with laws, regulations, codes or
standards.
c. Paragraphs a. and b. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes
insurance inspections, surveys, reports or
recommendations.
d. Paragraph b. of this condition does not apply to
any inspections, surveys, reports or
recommendations we may make relative to
certification, under state or municipal statutes,
ordinances or regulations, of boilers, pressure
vessels or elevators.
7. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a"suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the
claimanYs legal representative.
8. Other Insurance
The insurance afforded by this Coverage Part is
primary insurance and we will not seek
contribution from any other insurance available to
you unless the other insurance is provided by a
contractor other than the designated "contractor"
for the same operation and job location designated
in the Declarations. Then we will share with that
other insurance by the method described below.
If all of the other insurance permits contribution by
equal shares, we will follow this method also.
Under this approach, each insurer contributes
equal amounts until it has paid its applicable limit
of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance
of all insurers.
9. Premiums
The "contractor":
a. Is responsible for the payment of all premiums;
and
CG 00 09 04 13 O Insurance Services Office, Inc.,2012 Page 7of 9
b. Will be the payee for any return premiums we
pay.
10.Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the "contractor". The due
date for audit and retrospective premiums is
the date shown as the due date on the bill. If
the sum of the advance and audit premiums
paid for the policy period is greater than the
earned premium, we will return the excess to
the "contractor".
c. The "contractor" must keep records of the
information we need for premium computation,
and send us copies at such times as we may
request.
11.Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
72. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of
any payment we have made under this Caverage
Part those rights are transferred to us. The insured
must do nothing after loss to impair them. At our
request, the insured will bring "suiY' or transfer
those rights to us and help us enforce them.
13. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V — DEFINITIONS
1. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
2. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time.
3. "Contractor" means the contractor designated in
the Declarations.
4. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
5. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, bylaws or any other similar governing
document.
6. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
7. "Impaired property" means tangible property, other
than work perFormed for you, that cannot be used
or is less useful because:
a. It incorporates wark perFormed for you that is
known or thought to be defective, deficient,
inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such �r�s�a�rt�r ��r� b� r�si�red to use by the
repair, repl���an�r�t, �djt��tmewlt or removal of the
work perf�rr���d fc�r yc��� �r ,y��r' fulfilling the terms
of the contract or agreement.
8. "Insured contract" means:
a. A lease of premises;
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with wark for a municipality; or
e. An elevator maintenance agreement.
9. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a"temporary worker".
Page 8 of 9 �O Insurance Services Office, Inc.,2012 CG 00 09 04 13
10."Mobile equipmenY' means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally ofF public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurFacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipmenY' but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurFacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipment" does not include
land vehicles that are subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law where it is licensed or principally
garaged. Land vehicles subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law are considered "autos".
11."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
12. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
13. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physitally injured. All such loss of use shall be
deemed to occur at the time of the
"occurrence" that caused it.
For the purposes of this insurance, electronic data
is not tangible property.
As used in this definition, electronic data means
information, facts or programs stored as or on,
created or used on, or transmitted to or from,
computer software, including systems and
applications software, hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.
14. "Suit" means a civil proceeding, brought in the
United States of America (including its territories
and possessions), Puerto Rico or Canada, in
which damages because of "bodily injury" or
"property damage" to which this insurance applies
are alleged. "SuiY' includes:
a. An arbitration proceeding in which such
damages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.
15. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.
16."Work" includes materials, parts or equipment
furnished in connection with the operations.
CG 00 09 04 13 O Insurance 5ervices Office, Inc.,2012 Page 9of 9
COMMERCIAL GENERAL LIABILITY
CG 21 70 01 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PRO7ECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
If aggregate insured losses attributable to terrorist
acts certified under the federal Terrorism Risk Insur-
ance Act exceed $100 billion in a Program Year
(January 1 through December 31) and we have met
our insurer deductible under the Terrorism Risk Insur-
ance Act, we shall not be liable for the payment of any
portion of the amount of such losses that exceeds
$100 billion, and in such case insured losses up to
that amount are subject to pro rata allocation in ac-
cordance with procedures established by the Secre-
tary of the Treasury.
"Certified act of terrorism" means an act that is certi-
fied by the Secretary of the Treasury, in concurrence
with the Secretary of 5tate and the Attorney General
of the United States, to be an act of terrorism pursu-
ant to the federal Terrorism Risk Insurance Act. The
criteria contained in the Terrorism Risk Insurance Act
for a"certified act of terrorism" include the following:
1. The act resulted in insured losses in excess of $5
million in the aggregate, attributable to all types of
insurance subject to the Terrorism Risk Insurance
Act; and
2. The act is a violent act or an act that is dangerous
to human life, property or infrastructure and is
committed by an individual or individuals as part of
an effort to coerce the civilian population of the
United States or to influence the policy or affect
the conduct of the United States Government by
coercion.
CG 21 70 01 08 �O ISO Properties, Inc., 2007 Page 1 of 1 �
COMMERCIAL GENERAL LIABILITY
CG 28 55 03 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES - CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
A. Paragraph b. of the Cancellation Condition is
replaced by the following:
b. We may cancel this policy by mailing or
delivering to the first Named Insured and
the "contractor" written notice of cancella-
tion, stating the reason for cancellation, at
least 10 days before the effective date of
cancellation.
(1) If this policy has been in effect for 60
days or less, we may cancel for any
reason except, that under the provisions
of the Texas Insurance Code, we may
not cancel this policy solely because the
policyholder is an elected official.
(2) If this policy has been in effect for more
than 60 days or if it is a renewal or con-
tinuation of a policy issued by us, we
may cancel only for one or more of the
following reasons:
(a) Fraud in obtaining coverage;
(b) Failure to pay premiums when due;
(c) An increase in hazard within the
control of the insured which would
produce an increase in rate;
(d) Loss of our reinsurance covering all
or part of the risk covered by the
policy; or
(e) If we have been placed in supervi-
sion, conservatorship or re -- ceiver-
ship and the cancellation is approved
or directed by the supervisor, con-
servator or receiver.
B. The following Condition is added and supersedes
any provision to the contrary:
NONRENEWAL
1. We may elect not to renew this policy except,
that under the provisions of the Texas Insur-
ance Code, we may not refuse to renew this
policy solely because the policyholder is an
elected official.
2. If we elect not to renew this policy, we may do
so by mailing or delivering to the first Named
Insured and the "contractor", at the last mailing
address known to us, written notice of nonre-
newal, stating the reason for nonrenewal, at
least 60 days before the expiration date. If no-
tice is mailed or delivered less than 60 days
before the expiration date, this policy will re-
main in effect until the 61 st day after the date
on which the notice is mailed or delivered.
Earned premium for any period of coverage
that extends beyond the expiration date will be
computed pro rata based on the previous
year's premium.
3. If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
4. The transfer of a policyholder between admit-
ted companies within the same insurance
group is not considered a refusal to renew.
CG 28 55 03 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 1 �
COMMERCIAL GENERAL LIABILITY
CG 31 07 02 00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES - CONDITIONS
REQUIRING NOTICE
This endorsement modifies insurance provided under the following:
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
With regard to liability for Bodily Injury and Prope►ty
Damage, unless we are prejudiced by the insured's
or your failure to comply with the requirement, no
provision of this Coverage Part requiring you or any
insured to give notice of "occurrence", claim or "suit",
or forward demands, notices, summonses or legal
papers in connection with a claim or "suit" will bar
coverage under this Coverage Part.
CG 31 07 02 00 Copyright, Insurance Services Office, Inc., 1999 Page 1 of 1 �
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ASBESTOS EXCLUSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated
below.
This insurance does not apply to:
ASBESTOS
"Bodily Injury" or "Personal and Advertising injury" or "Property Damage" arising out of:
(1) The removal, replacement, repair, enclosure or encapsulation of asbestos from any building or structure;
(2) The use, manufacture, transportation, removal, storage or disposal of asbestos or any substance, goods,
products or structures containing asbestos; or
(3) The inhalation, ingestion or absorption of asbestos by any person, including any prolonged or repeated
exposure to asbestos.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc., 2002
CG 70 42 04 03
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIVACY PROTECTION CONDITION
This endorsement modifies the following:
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FOf2M —
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM
The following is added to SECTION IV — CONDI710NS:
Privacy Protection
a. "Confidential Information", as used in this endorsement, means non-public personal information.
b. This Coverage Form provides that you will report claims to us as soon as practicable and will cooperate with
us in the investigation and settlement of claims. To enable you to assist us in the claim handling process,
we or our independent agent may share certain information with you. This information may be "Confidential
Information". This information will be shared solely for the purpose of helping to effect, administer or
enforce rights and benefits payable or recoverable under this Coverage Form.
c. You agree to use such "Confidential Information" solely to perform the services and obligations required
under this Coverage Form. You will not use "Confidential Information" for any other purpose. You
specifically agree to not use "Confidential Information" to market your produ�ts or services or to make
personnel or employment-related decisions. You will use information shared to:
(1) Work with us to develop settlement or litigation strategies on your behalf.
(2) Detect and investigate any suspected fraud.
(3) Support our safety, toss prevention, and case management programs. Case management includes
utilization review, disability management, return to work, and light duty programs.
(4) Check your premium charges and billings for accuracy.
(5) Monitor our claim handling practices for quality assurance, quality improvement, and performance
evaluation purposes.
(6) Report to us any information that may contribute to the fair and final resolution of all claims.
d. You agree to protect the privacy of "Confidential Information". You will not share "Confidential Information"
directly or indirectly with any third party, except as may be allowed by law. You will share "Confidential
Information" only with your employees who have a need for such information to perform their duties under
this Coverage Form. If you need to disclose any "Confidential Information" to a third party in order to
perForm your duties under this Coverage Form, you will first get our written consent. You will then enter into
a confidentiality agreement with such third party. Under that confidentiality agreement such third party must
be restricted from disclosing, using or copying "Confidential Information", except as consistent with this
Coverage Form.
e. If permitted by law, we may cancel this Coverage Form in the event you use or disclose "Confidential
Information" other than as provided in this endorsement or permitted by law.
CG 71 95 01 09
IMPORTANT NOTICE
70 obtain information or make a complaint:
You may call company's toll-free telephone
number for information or to make a complaint
at:
1-800-441-0293
You may e-mail the company for information
or make a complaint at:
www.amerisure.com
You may contact the Texas Department of
Insurance to obtain information on
companies, coverages, rights or complaints
at:
1-800-252-3439
You may write the Texas Department of
Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.tdi.state.tx.us
You may e-mail the Texas Department of
Insurance at:
ConsumerProtection @td i.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should contact
the agent or the company first. If the dispute
is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR
POLICY: This notice is for information only
and does not become a part or condition of
the attached document.
A40100210
AVISO IMPORTANTE
Para obtener informacion o para someter una
queja:
Usted puede Ilamar al numero de telefono gratis
de la compania para informacion o para someter
una queja al:
1-800-441-0293
Usted puede enviar la compania por correo
electronico para la informacion o quejarse en:
www.amerisure.com
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos o
quejas al:
1-800-252-3439
Puede escribir el Departamento de Seguros de
Texas:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.tdi.state.tx.us
Usted puede enviar el Departamento deTexas
por correo electronico del Seguro en:
ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O
RECLAMOS: Si tiene una disputa
concerniente a su prima o a un reclamo, debe
comunicarse con el agente o la compania
primero. Si no se resuelve la disputa, puede
entonces comunicarse con el departamento TDI.
UNA ESTE AVI50 A SU POLIZA: Este
aviso es solo para proposito de informacion y no
se convierte en parte o condicion del documento
adjunto.
x ibit
� . � : • � . r
���°�ti� L{,����
� �� ��
�� ��` �'
� �;r��m�� �
F�-a�c�E�� T�x �ccau�f ��a��s
As of: 04/02/2014 12:07:24 PM
This �age is I�ot Sufficient for Filings with the Secretar� of State
T.��_�..� -.�,�.P.��...........�..�.,�.n.d�...._ � ..�. r.._�.�.� _..A. __.-� _._ _._.._�__ .v,�,a,�..
LEMCO CONSTRUCTION SERVICES, L.P.
Texas Taxpayer Number 13836813082
Mailing Address 14131 MIDWAY RD STE 660
ADDISON, TX 75001-3660
Right to Transact Business ACTIVE
in Texas
State of Formation TX
Effective SOS Regisfiration ' 05/06/2003
Date
Texas SOS File Number 0800200685
Registered Agent Name JUDY LEMBKE
Registered Office Street 14131 MIDWAY ROAD, SUITE #660
Address ADDISON, TX��75001
CITY OT DENTON
Itl+'P 5506
ATTACHMENT C
BUSINESS OVERVIEW QUESTIONNAIRE
]. Co�atractor Name : LEMCO Construction Services, L.P.
2. Address (Priiiciple Place of Business):
14131 Midway Road, Suite 660 - Addison�TX 75001
3. Does your company llave an established physical presence in the State of Texas, or the City of
Denton?
Yes, LEMCO's main business office is located in Addison, Texas.
4. Tax Payer ID#: 38-3681308
5. Email Address of Primary contact: JLembke _,lemcocs.com
6. Website Address: www.lemcoconsh-uction.com
7. Telephone: 214-637-4222
8. Fax: 214-637-4220
9. Other Locations:
Dallas/Fort Worth Tnter�aational Airport Satellite Office — DFW Air�ort, Texas
l0. Or�anization Class:
Partnersl�ip — X (Limited�
Individual
Corpocation
Association
] 1. Date Established: May 2003
12. Former Business Name: N/A
l3. Date of Dissolution: N/A
14. Subsidiary of: N/A
15. Historically Undeiutilized Business: Yes or No
Page ] 03 of RPP # 5506
CITY OF DENTON
RFP 5506
16. Principals aiid Officers:
Please detail responsibilities with the name of each principal or officer.
Judv Lembke, President
• O�re�see the creation and unpleinentation of broad cor��orate policies, procedures, and
organizational structure.
• In conjunction widi tlae board of directors, estaUlish and monitor long-range plans
consistent widi overall profit and growdi oUjectives.
• Pro��ide key management disection to top executive and supervisory personnel
inotic*ating managers to function as a coliesive organization.
• Provide advice, guidance, and dixection to cariy out �najor plans and procedures
consistent �vith Board estaUlished policies.
• Foster the developinent of company spirit, creativity, and integrity, to produce
maxunum benefit to the co���pany, employees, and t��e coinmunit��.
• Maintain die adequacy and soundness of the company's financial structure and people
asscts to insure successful gtowdi and continuation.
• Perform additional assignments as directed by the Board of Directors or company
dictates.
Paul Lembke, Chief Operatin� OfTicer
• Establish and impleinent corporate policies, procedures, and organizational structure
within the framework of bYOad corporate polic3r.
• Direct and morutor shott-term and long-range plans consistent �vith overall profit and
gro�vdi objectives.
• Plan, staff, and supervise all assigned corporate activiries through Department and
Division managers providing integration of inultiple functions into cohesive �vork unit.
• Provide ad�rice, guidance, and direction to subordinate executives and managers to�vard
dieir professional development �vhile developing and maintaining through
comxnunications, delegation of responsibilit��, and delegation of authority, a competent
mana�ement team.
• Coordinate and con£er �vidi professional staff to resolve opexatuig pioblems and
difficulties, aufliorize department operational procedures, and approve all major bids or
estimates.
• Revie�v and a�pxove all corporate major equipment purchases and capito] expenditures.
• Maintain positive financial posture for assigned operational, divisional, and/or
suUsidiary �vork seginents and inoiutor cost analysis activities on a xoutine Uasis.
• Perform additional assignments as required by d�e operating needs of d-►e con�pany or as
directed by d�e President.
Page 104 of RFP # 5506
CITY OF DENTON
ItFP 5506
17. Key Personnel a�id Respoiisibilities:
Please detail responsibilities with the name of each key personnel.
In addition to key officers referenced in Question #16 above, key personnel also include:
Project Staffng Chart
_.- _ __ _ __ . �_.�
.�..�__.�
LEMCO Staff Duties/Responsibilities Available Onsite
Member Now Tull Time
_. __ _ _ _ ..a...�,
Paul Lembke Paul will oversee this project and be in ✓
COO/Project A'�ana�er con�inual communication with the UTA JOC
• Cer�ified ProJeasional Consrrurror (CPC)
• Corislnrclion Risk /�iturari�e Spetialltl personnel making sure ihat the reyuired level of '
�civs� qualiry and Owner expectations are being
• Deslgimud Orsigi� Build Projessiona7
�oa�A� achieved.
.._
Eric Van Dusen Eric will be on site assuming the lead for all ' ✓
' Associate Project Manager jobsite operations, working closely with the
. OSI�1�130-liour Superintendent. He will be actively involved in
preconshvction, construction and post
construction pliases of each project as well as
soliciting subcontracl competitive bids, issuing
subconu•acis and tracking submittals and RPI's.
He will be in daily communication with both
the Owner and Arcl�itect and actively involved
in all Owner meetings.
._.a -- — _ _ _. � ..
Steve Gonzales Steve will supervise craft employees, ensure ✓ ✓
Assistant Superintendent that all onsite personne] comply with project '
procedures, safety program requirements, work
rules, etc. He will also document all violations,
nolify project management, and
recommend/implement corrective actions.
Please see attached resumes.
Page 105 of RI'P # 5506
Executive Summary
Paul LemUke, a 31-year veteran construction professional, joined L�I�4C0
Construction Services in 2009 as Cluef Operating OfGcer. r1n institutiona] and
industrial general contractor, Paul oversees the operations and finances of thc
company.
PauPs recent career experience includes 12 years �vid� one of the nation's largest desigsi-
Uuild firms. He 1�as built over 50 million square feet of real estatc. In additio�i, he was
responsiUle for design aAid construction for il�e Te�;as Region, overseeing offices in
Dallas, Houston and �lustin.
ri� � ci�si�n••l�L�ild �r�F�ss'so��al, ��� laas sr�az���;ct� a����/�ar �v�g���sz nzc7r� SYian dt) c�tsr�;�a-
1>�ulcl E�rr�pcc�s itaclt�c�'t�e� � sta�C afin Iroti�se ci�si��sx �r��cssscrs��ts. P�a�al'ti �ai�e�-i�»cc a�sta
aa�ctz��3es �arsajcct s�:�sa��;czsrt��t in tl�� £�ll�svxr�g �rx�rk�t�d arf�`ic�, r�€�il* �;rc���r�F, he�rx�!
�srt� 1i�1�t s��c��:�ir��l, healt����a��, 3�s��1t tcch�t�lta�}s �nd �G�t�r7c�r�.
Responsibilities
• �stablish and implement corporate policies, procedures, and organizational
structure �vithin the frame�vork of bxoad corporate policy.
• Direct and monitor short-texm and long-range plans consistent �vith overall profit
and gro�vth oUjectives.
• Plan, staEf, and supervise all assigned corporate activities through Department
and Division managers providing 'vntegration of multiple functions into cohesive
�vork unit.
• �5�.����x. ���',�� �������§ ��y� �iirec�i�ara �� sr.�E�€�rd�a�ate executives and managers
tcawsea`s3 titeir �a��ri`cssae�n�! r�e�`c�c�����xer�t w=1zi1�: tic�xela���ng and maintaining througl�
ec��anirtiiu��txc�aas, cat�l���uc�e� r��, x•�:s��c�az�ilai�iyp, �rid delegation of authority, a
competent management team.
• Coordinate and confer �vith professional staff to resolve operating proUlems and
difficulties, authorize department operational procedures, and approve all major
Uids or estimates.
• Revie�v and approve all corporate major equiptnent purchases and capitol
expenditures.
/ hfaintain positive fmancial postuxe for assig�ied operarional, divisional, and/or
suUsidiaxy work se�nents and monitot cost analysis activities on a routine basis.
• Perform additional assignments as requircd Uy the operating needs of the
company or as directed b}' the President.
__
_ _ _ � ` L�.MCO -��.�
. _ . _— ' �onsdvcGon Serviue
Projcct Related Eaperience
In�ccior Renoration �xpericnce
Tcxas Dcpartment of Criminal Justice — Vancc Unit
Renovation of Sho�ver Area — Main Building, Vance Unit
Richmond, Tcxas
Renovation of shower area to include removal and re��lacement of ceiling �vitli moisture
resistant matexials and inspection of the roof supporting structure. Replacement of a
nvssing valve, heating system and exliaust fan, security doors, frames and locks, metal
framed �vindo�vs, floor coating as �vcll as �vater and gas lines �vitli galvanized piping.
Texas Department of Crimixxal Justice — Michael Unit
Renovation of Refrigcration Systcm
"I"era�cssec �ol�a��y, 'I"r�;�s
l��aso��aiia�� caE` tlie nxsstin� xc��s°i�et��t.ic�a� �}=ste�z� �r��l t�as�v�rC:i�� t��c ��l�r� [s1�s�t t��a
�aa�nscarua. 'I`l�� sac:w �ni��ca�ia re�`ra��r�iyr�t� sysiesn i'c� ic�clu�ic a sk;sri s}�si�r�x �+,�ii1s
�c�ssi��r�ssc�rs a��d a 11���. `l'li� s}pst�:gz� �+��i111�� �t�sxra��ttccl [l�rtyt�gli � s�,�i�s ��Cg�i�ar�� �}rsiet���
tl��at �va�J i�c= riid rvit�a tl�c ca�is�a€e� �}'�te�n tl�r�s��h [11� �xe�riis�; rc�e�� �yFst�iz�; tl�� �xe�v �si�aira�
c�:x t4�a: ros�f' is ts� 1�� su���r��•�c� �iicl rl�c� �•crr3F �>�atttradirarss �rc �cr 1�� rasr�t��fie�1 ic� ���•[�t�cic^ �
ne�v u�eatlier tight s}�siem.
Texas Department of Criminal Jusrice - Pack Unit Kitchen Renovadons
Navasota, Texas
Project consists of architectural and meclianical renovations to the kitchen including
repairu�g �valls, painting, replacing rusted and deteriorated doors and frames, wall guards
and bumpers, ne�v exhaust hood enclosures for security and an extension to the dry Uulk
area. r11so includes repairing/replacing dishwashers, coolers, freezers, ice makers,
convection and stack ovens. Replacements and upgxades to current applicaUle Uuilding
codes, lxealth codes and statutoi}' requirements. Upgrade fire alarm and fire protectia�
s}�stems. Replacement of the floor in die kitchen and dining rooms; and iepau of di.ning
room taUles.
Texas Department of Crimiaal Jusrice - Michael Unit Paclaing Plant
Tennessee Colony, Texas
This project involved flie xemoval of tlie er.isting 3/8" concrete floor topping along �tatli
d�e placement of a ne�v urethane Elooring applicatio�i for the 77,000 Sr meat packing
facility located a�ear Paleswie, Texas. Floors �vere resurCaced widi a slip resistant
antinucrobial toppaig. rllso involved was the disconnecting and removal of the existing
meat processing eyuipinent, to place the flooruig. Once the flooring �vas completed in
eacli area, the equipinent �vas retuined and reconnected.
4 L�.M CO
- ._
� �onetruction Services
]nterior Reno��ation Expericnce (continued)
LifeSynch Cafc Remodel — Carpentcr Corporate Centcr
Las Colinas, Texas
Interior reconfiguration and renovation of kitche�i/cafe layout; approximate]}� 1,400 SF.
Interior ranish Out of Phase II totaling 112,000 SF. This remodel changed die cafe's
function from a self-serving ca£e (vending machines tliat pro�rided food & dxirilcs) to a
partial self-serving and partial full-service (Uy removing some of die vending machines aud
adding salad & soup baxs).
LifeSynch — Opus Corpotate Center Tenant Itnprovements
Las Colinas, Tcxas
Office space fvnish-out of a tliLee-story shell building totaling 113,000 Sr' located in Irving,
Texas. The west wing of flie first floor is xeserved for individual office space as �vell as
cuUicle offices. 1'he east wing o£ the first floor consists oE a self serving cafe, exercise area,
locker rooms, conference and training rooms, an ri/V studio, I-iuman Resources
department, as �vell as IT �vork rooans. The second and durd floors consist of individual
o£fices surrounded by cuUicle offices with meeting areas and break rooms at each end of
the floor. The tlurd floor also has executive offices �vith its own conference area
overlooking HackUerr}� Creek Country C1uU.
Dallas/Ft Wotth International Airport (BARC) - Terminal A Temporary Facilides
DFW Aicport, Texas
This project consists of upgrading existing sc��sd�z�ci t���isl��°s tc� Ya�raz�; ��i�la-end product
fuushes �vith terrazzo flooring, acouslic metai �a��� ccili�s�s asr�c� �1��taerli� +a�all ��aneling. This
upgrading process spans over two temunal ��t�s ��ci u��ie:r� �r��slzed; a�a'sll Ia� the flagslup
standard for upgirading tlie remaining ternunals tlixoughout die DFVU �lirport.
Dallas/Fort Worth Intcrnational Airport (MBJ3) - Terminal E Satellite Reacrivation
DFW Airport, Texas
Renovation and new construcrion oE a three-siory temunal buildiag. Tlie work will expand
the tenninal Uuilci'v�g Uetween gates E17 and E3l . Tlus exterior sl�ell addition �vill Uc a 3-
story structure o£ approximately 150,000 square feet of "landside" interior terminal space
in texminal �, creating �nore room for ticketing, baggage claun, securit}� and passenger
sen*ices in axeas before passengers pass through security checkpoints. Renovation will
include exterior pre-cast concrete columns and spandrel panels with a glass curtain v��all
and ne�v enhanced entrances. The project also iu�cludes the temporax}� relocaaon of
concession spaces and passenger information s}�stems.
Dallas/Ft Worth International Airport (BARC) IT Terminal Telecommunicarion
Rooms Package 2- Tetminals A&C
DFW Airport, Texas
Bid Package #02.�1 - General \Vorks - Includes demolitio�i, teniporary partitions, concrete,
floor preparation, masonry, dooxs and liardware, nvscellaneous metals, sealants,
fireproofing, plaster and drynvall, painti�i� and sealed concrete.
_ __. L�MCO
�.� �onativctionServices
Incerior Reno��ation Experience (continued)
Dallas/Ft Worth Tnternational Airport (MBJ3) IT Terminal Telecoinmunication
Rooms Packagc 2- Tcrminals B&E
DPW Airport, Texas
Bid Package #15B - r'ize Protection S}�stems.
Dallas/Ft Worth Tnternational Airport (BARC) - Terminals A&C Regaring
I]�'4'�v' Air�ao�t, 'i"c��s
3��P�ck� � �e; �',, ��ic�1';����c;al - Install ne�v glycol lines to the Pedestrian Boarding
�3gid�;cs {��r d�rici�;�s} u� �rd� r in r�e-ice planes ira cold weather.
Love Field Modernization Program — Tcnant Improvcment
Dallas, Texas
Love Field �►iiport's Terminal/Concourse Complex project �vluch is part of die overall
Love Ficld Modemization Program (LFr�II') for Southwest.',irlines and the City of Dallas.
Scope of �vork includes tenant improvement and fuush out.
DISD — BP #38 / Org #128 — Martin Luther King Jr. Elementary School
��czara°��aut�s�� c�f e�sst:in�; �cl'�ac�l ��,=1�i�13 ir�cluc3es in.tcx-ac�� l�;�i9��an�; �af� C:s�rr€t�m�sn �1r€�,�s; l�ra�r
L�; I-��r�l����rc ��c�al�acen-aes�tg �atc�cla��rieal ��p�tcrza �c��lacc:s�a�a�t �,: �[��r�cies,�r��fi� T�`��a
Itr���iRCera�ena; �tcst:t°c�car� �te.��r�k�'sslrrnr:ras� a�xti r�I�.r1 �.1��;a`�d�s; �lc�f;�t�sr �J���c�a��s ��€�
��cf�sr�`ssiY�a��n[a tJ��r��c L3utic�ir�;�, �;�P�t�tra �;.r�axia�sls; Tai�sr���stic P.��i �n� Lncl��u�°c;
T3t�ileiaa�� Secuxx�}� Systeaaa k�.e��1:�c�csa�cs�t, ]�%�l ��s4e�7� Ft�;��l�ce[�acixt; l�z[cxYC�r Li�x�lciiit�
����x���, Pi��r�xcau�yd �.qiai�amegit; �t��;� ��aa.us� �a}t�te��� 1���1�ti:�s��csa1:„ �gat3 (at�sxcz��t� �'avira�,
DISD JOC Contract— HVAC Controls Upgrade (3 Schools)
Martha T. Rcilly Elcmentary School, W.E. Greiner Arts Acadcmy and Ascher
Silbcrstein Elemcntary School
Dallas, Texas
I��.�1C controls upgrades for thiee DISD Elementary Schools.
DISD - Rogers �lementary School — Outlets
Dallas, Texas
J.engthen and shozten existing conduit ntns on ceiling in four classrooms. Each was
approximately ] 0' from the screen. Pull �vuing, set duplex oudets for ceiling mou�ited
projector in classroom.
DISD - Stcphen J Hay Ad�ninistration Building
Dallas, Texas
Renovation of the fust floors to turn into offices. Includes Eranung, dry�vall, insulalion,
tape/Ued, paint, �ninor vct floor patch and prep. Exterior �vork includes die removal and
re-u�stallaiion of approx. 50,000 SP' of asplialt parking lot, chau� link fence and striping and
painting o£ exterior doocs and �vindo�vs.
� � L�MCO
. . . - . _. _ . . '.� �onehvction Servicea � ����:.
lnterior lienovation �xpericnce (contiiiiied)
DISD - P.P. Caillet Elcmentary School (BP #4)
Dallas, Texas
Replacement of classroom door l�ard�vare; painting of uiterior cotnmon areas;
Replacement of exterior �vi:ido�vs and doors; pla}'ground equipment upgrades; restroom
upgrades; Installation of dumpster pad and screen wall.
DJSD - HerUert Matcus Elementary School (BP #4)
Dallas, Texas
Scl�ool reno��ations included adding new ceiling in auditorium and cafeteria; painting anc
interior can�non areas; ductwork upgrades in four classrooms; restroom upgrades; walk-i�
fi•eezer and cooler cafeteria buildvig addition; and classroom door hardware replacements.
Fort Worth Independeni School District /Job Order Contract QOC)
Fort Worth, Texas
e Southwest High School Secur.ity Camera Cabling
• O.D.\ii/}�att Higl� School Securih� Camera CaUling
• DuiiUar Middle School Security Camera Cabling
• Oakliurst Elementary School Sccurity Camera Cabling
• n4itchell Boulevaxd Elementary School Security Camera CaUling
• Briscoe �lementary Scliool Security Camera CaUling
• Morningside Blementary School Security Cameza Cabling
• Forest Oak A�iddle School Security Camera CaUling
• Glen Park Elementary School Security Camera Cabling
• Sellars Elementary School Security Camera Cabling
• Paschal High Schoo] Security Camera Cabling �
• B.J. �lliott Elementar}� Sclxool Security Camera CaUling
. ._ . --- _
__ _ __
LL_MCU .__
e . �one4ruetion rjcrviees
Executive Summaty
�ric is a recent gzaduate of Texas Tech U�uversit}� �vith a degree v� Construction
�ngineering. During l�is colleges yeaxs he intemed �vitli LEMCO.
�ric has been involved va the successful deliverp of many complex renovarion projects. He
has a�i esrimating Uackground that is instruinental in providing O�vner's best value pricing.
He also serves as the account ma�iager for the D11RT On-Call construcrion Seririces
program
Responsibilities
• ResponsiUle for establislwig and ma'v�tauung favoraUle relationships widi
O�vners, flrchitects, �ngineers, SuUcontractors and Suppliers to aclueve effective
communications and crediUilit}�
• �staUlish and maintain effective cost control s}'stems and consiruction schedulirtg
systems
• Identify and implement eEficient �vork methods;
• Complete necessary forms and reports related to project;
• .lssure safe working conditions exist on joUsite.
• VUork as a team memUer �vith tlie Project Manager(s) and Project Superintendent.
Project Rclated Eaperience
State/Gover»meut Experiencc
Dallas Area Rapid Transit (DART)
Bus Sheltec Site Improvements 2014
Dallas, Texas
Pre����t �crsrssz�ts �sf` ��a�astau�t�n�; ��ncrr�t� slxcl��r' ���t35, side�valks, r1ll�1 ramps, eurb and
gutie��s, t�rall�rr�s,'��r�crs, l�ar��3�c��a�x�, �x�;ix���sst, �tre�i �s�e��ement, retaining walls, irrigation,
�n� t4���;g���� �����q�,e's�c.x7t�, 'I`k3z +�v�ark us��1c� t1��� `1`�sk Order tvill Ue issued on a per sitc
Uasifi azxe� �,ri��"1" rv�1� �sxc��a�,pc�r tc� ir��I�s�te :st 1e�tst tl�a:�� (3) sites in the saine general azea
with each request..
Dallas Area Rapid Transit (DART)
DART Secondaty Data Ccnter Emergency Generator InstaUation
Dallas, Texas
Construction of a co»crete pad and enclosure for an emergenc}� generator and die
'vistallation of an emergency generator, conduits, switch gear and odier associated
appurtenances located at 1255 West l Sth Street Suite 570, Plano, Texas.
Dallas Arca Rapid Transit (DART)
Central Rail Opetaring Facility Light Rails
Dallas, Texas
Project consists of repairing lights Ueneath the I45 Bridge and to install conduit behveen
light pole one and hvo in the parking lot at the Central Rail Operating I'acility�
-
LE.MCO
_ _ �o�a���o� ���
State/Govern�nent Expericnce (continued)
The Univcrsity of Texas Southwestern Medical Center
Urology Space Utilization & Renovation
DaUas, Texas
Project consist of finish-out of imagvig patient holding area and minor selecdve xenovation
of er.isting corridors, including die installation of crash rails, and doois. Work to include
interior pardtio�is, interioc finishes, cab'vnetr}�, and limited alterations to the er.isting H��11C,
electrical, and plumbing installation to accommodate d�e new requirements.
Aviation/Transportation �xperienee
Love Field Modernizarion Ptogram -� Tenant Improvcment
Dallas, Texas
Love Field 1�irport's Terrninal/Concourse Complex project �vhicl� is part of the overall
Love Field Modemization Program (LF1��IP) for South�vest flirlines and the City of Dallas.
Scope of work includes tenant improvement and finish out.
Education Experience
DISD — BP #4 - F.P. Caillet Elementary School
Dallas, Texas
Replacement of classroom door hard�vare; painting of ir►terior common aieas; Replacement
of exterior windows and doors; playground equipment upgrades; restroom upgrades;
Installatio�i of dumpster pad and screeii �vall.
Proposal Name
4/3/2014
� � LEMCO
Conetruction servicea .
�xecutive Summaty
Steve l�as 13 years experience as a veteran vi the construction industry and has been ���ith
L�n•!CO Construction Services since 2009. He l�as �vorked in a�vide variety oC tnarkets
including transportation, civil, office and ]vgh-rise, healthcare, retail and crimi»al justice.
Steve inanages constructio» crews of qualified teclanicians using the teain approach for
his success.
Project Responsibilities
• Supeivises craft �vorkers assigned to area of responsibility, provide liaison
Uehveen field engineexing and crafts to ensux� constniction complies with
drawings and specificatioas.
• rlssist in planning u�ork schedule, determuurtg manpo�ver levels, inaterial
quantities, equipment requixements, etc.
• Monitor work performance and productivity� of crafts to ensure project rules,
procedures, safety requirements, etc. are maurtained.
• Complete craft time cards to accurately reflect hours worked.
• rldvise sen.ior level supezintendents and/or project management of potential
problems, �vork interferences, scliedule difficulties, etc.; assist in cucumventing
and resolving such proUlems as required.
• r4aintain liaison �vith other departments, i.e., Purcl�asing, engineering, etc. as
requiced to support, construction scl�edule.
Project Related Experience
lnterior Re�iovatiou Expericnce
Dallas/Fort Worth International Airport (MBJ3) - Terminal E Satellite Reactivation
DFW Airport, Texas
Renovation and ne�v construction of a three-story terminal Uuilding. The work will expand
tlie terininal building Uet�veen gates �17 and �31. 11us exterioz shell addition �vill Ue a 3-
stor}� structure of approximately 150,000 square feet of `9andside" interior temvnal space
in terminal E, creating tnore room for tickeUng, ba�age claim, security and passenger
services u� areas Uefore passengers pass d�rough security checkpoints. Renovation �vill
a�clude exterior pre-cast concrete columns and spandrel panels ��rith a glass curtain �vall
and new enhanced entra�xces. Tlxe project also includes the temporar�� relocation of
co�icession spaces and passenger in[onnation spstems.
Dallas/Pt Wortl� Intemarioi�al Airport (BARC) - Tenninals A&C Regating
DFW Airport, Tcxas
I3id Package #15�, A�ecl�anical - Install iiew gl}�col lines to die Pedestrian Boarding
Bridges (jet Uridges) in order to de-ice planes in cold �veadier.
__ _ _ _ L�MI...o
_ _ - ---�- ���.
Conetruction Scrvices
Interior Renovation Gapericnce (continucd)
Dallas/Ft Wotth Internarional Aitport (BARC) IT Tctminal Telecoinmunicatioti
Roo�ns Packagc 2- Terminals A&C
DFW Airport, Texas
General VVorks Package �t�hich iancludes demoliuo�i, temporar}� pazritions, concrete, floor
prcparation, masonx}�, doors and hacd�vare, miscellancous metals, sealants, Eireproofi�ig,
plaster a�id dr}�vall, painting and sealed concrete.
1'/e�is�� �uukr uulr Jhr c���-Uc�ul juG .S'le��e rlirl u��,g��!/irrg lhc.rr dour� >a rr�.r.; �•arlc iu.�fic�•lian.
II `i� �i�on/rl ��n/ Gnnc vi��irle i/ �i�ilGard .S'/ri�e :r d��lrrnii�ru/iu��. 7 Grn�k )'oir .S'le>>��. llauc�, ul/
daoi:r G����c� �u.r.red 1'1� in.rrr�/iau ��.r o% 11 uni lorlu�t .Slrr�e did u,greul, jali.
1'aul Mrlligan, Forcman for BARC
DISD - F.P. Caillet Elementaty School (BP #4)
Dallas, Teaas
Replacement of classroom door haxdware; painring of interior common areas; Replacement
of exterior windo�vs and doors; plapground equipment upgxades; restroom upgrades;
Installation of dumpster pad and screen �vall.
DISD - Tom Field Elementary 5chool(BP #4)
Dallas, Texas
Roof replacement oa older poxtions of Uuilding; painting of interior connmon areas;
replacement of classroom door haxdware; pla}�ground equipment upgrades; replacement of
interior corridor lighting and ceiling grid; H�T�1C replacement.
DISD - Sudie Williams Elementary School (BP #4)
Dallas, Texas
New elevator addi�tion; painting of interior common arcas; cluller and cooling tower
replacements; restroom upgrades; exterior door rep]acernent; and classroom door
l�ardware replacements.
DISD - Herbert Marcus Elementary Scliool (BP #4)
Dallas, Texas
School reiiovations included adding new ceiling in auditorium and cafeteria; painting and
interior commo�i areas; duct�vork upgrades 'vn four classrooms; restroom upgrades; walk-in
freezer and cooler cafeteria Uuilding addition; and classroom door hard�vare replacements.
DISD — Hector Garcia Middle School Finish-Out
Dallas, Texas
f���1C renovation and upgrades.
� L�.MCO - -.-.
-
COf16tri1LtlOfl SCMCCb
CITY OT DENTON
ItFP 5506
18. Number of Personnel by Diseipline:
Discipline
Management
Skilled Workers
Office/Clerical
Number of Staff
6
10
3
I9. Services Provided by Firm:
# Registered
N/A
N/A
N/A
Please provide a detailcd listing of all services that your company provides.
LEMCO Construction Seivices is a qualified experienced contractor capable of providing a
full range of services to our clients.
• General Contracting
• Construction Management (CM@Risk)
• Desi�n-Build
• Program Management
• Logistics/Moving Services
• Long Tenn Delivery Contraets
• Job Order Contracting (JOC)
General Contracting
Our foundation is centered on providing exceptional general construction services. Our
singular mission is building long-term client relationships by understanding our client's
expectations. By matching our client's objectives with our proven management techniques,
the highest quality nnaterials and installation, fine craftsmanship, and skilled on-site
management, the project's goals will be achieved on schedule and within budget.
Construction Management (CM@ Risk)
LEMCO brings unique qualifications, clear understanding, and experience of the CM@Risk
project delivery method. Our projects through this delivery method form a cooperative team
of professionals including the Owner, Design Team and ourselves. Our staff has the
understanding, skill and experience to deliver project under this team approach of contract
delivery. The LEMCO team brings value to the design process in quantitative and
qualitative benefits in terms of quality requirements, maintaining schedules, guaranteeing
cost.
Design-Build
Retuniing to the time honored approach of the Master Builder, a successful project is an
intricate blend of design, construction and a strong working relationship with clients. Our
process of integratin� design and construction is a major benefit to our clients in tenns of a
reduced overall schedule. Our clients also benefit from the singular responsibility and team
approach from our design-build seivices. Utilizing the industries best practices, our proven
processes and experience provide our clie��ts projects that ineet their specified criteria. The
Page 106 of RI'P # 5506
CITY OF DENTON
Ri'P 5506
aggregate be��efit of the advanta�es L�MCO brings translates into a far greater value to our
Clients.
Program Managetnent
Our portfolio also includes providing program management services. The service we
provide is "an extension of our Client's staff'. Wl�ile tlle exact services vary from project to
project and client to client, our role is that of the owner's advocate/manager. Our services
include a variety of Construction Contract Administration services.
Logistics/Moving Services
Anotlier service we specialize in is moving sezvices. We have currently provided logistical
support to Dallas Independent School District for 38 schools for their current bond program.
We have the resources and capability of providing a smooth transition as part of our Client's
strate�ic plan.
Long Term Delivcry Contracts
We have focused in on providing the unique service of i�ldefinite delivery type contracts.
Our Clients benefit from a"no learning curve" approach. Our staffs inanages several
projects at once and are able to realize for the client a lower cost and accelerated schedule
througl� hands on site management.
Job Order Contracting (JOC)
JOC is an efficient and expeditious method of acquiring contract maintenance, repair and
minor construction services. JOC is a unique contracting process specifically designed to
allow owners to accomplish routine construction projects faster and at significantly lower
costs than with traditional systems of construction contracting.
Please detail your prior experience working on similar projects with Texas governmental
entities.
See attached list which references LEMCO's uroiect exnerience with Texas �overnmental
entities.
Please detail your sinular services provided over the past two (2) years.
���_�ifia��a�d li�i �a��rc�ie��s �°�r �w���I� LLMC�� ���s� r�� it��i ��a�z�l�� ��;rv�c�s.
Detail documented proof of at least three (3) projects in the past two (2) years.
Please detail these services, including, the nature of the services provided, and the scope
of the activities, the organizations for which the services werc provided, the dates of
the projects, and the documented bene�t to the governmental entity.
��le��� ��� I.s�h�TC'�'s�F'� ���ct �r� �r•��rc�ti��r I��a�-r��s in I�,ri�������c�r�i ��a��i�l� doc������t tl��°�:� f� cz�'
projects completed witliin the last two (2� vears.
Page ] 07 of RFP # 5506
�civw� s rro�ect txpenence wiin i exas uoveninien�ai ��iuura
Similar Renovation Experience
Owner Project Name Renovation
_ __ __ ___
UNT Renovations
_—_
L�nivcrsiCy of North Texas ���Il�s Job Order ��nR��cl} 1900 Elm Slreet ADA t��pa�r� X
_ _ _ _
University of No�1h Texas (Dallas Job Order ConUact) 1908 Elm Streel Rool Repairs X
- •
_
ilnivers��y of NoAh Texas jClafPas Job Order G���fr�ctj E3ulfdi�g 1 Renovation X
9JE�iv�rsity oi North Texas g(�z�il�s Job Order ��ar��r��t} Water InirusionlSidewalk Repair X
University of NoRh Texas (Dallas Job Order Contract) Replace Vestibule Doors X
_ _— _ _ __
�tniver�iiy of North 7exas ��er�4vr} Job Order ��antr��t} Paving Repairs X
llniversity o1 Norih Texas (JOC) Biology Building Room 111 X
University of North Texas (JOC) Demo 8 Remodel EESAT #370 X
__ _
_ __ _ _
L1niv�r��ty of North Texas (JtIC) Ken Bahnsen Gyni Remodel X
. _ _ __
University of Norih Texas (JOC) Acoustical Wall 7realment and Music Building Studio X
_
. .
lla�iv�rseiy of Norih Texas (,1'i]�j Coliseum Offices 130A 8130H Remodel X
Historical Renovations
University of North Texas (Dallas Job Order Conlracl) Westmouni Realry X
University of Nor1h Texas (Dallas Job Order Cont�acl) 1908 Elm Slreet Roof Repairs X
_
. _
llniv�rsfiy of North Texas ¢�7all�s Job Order Contracij �i151� Adminisiralion �u'rPding X
_ _
_ _
1122 Jackson Slreet , LTD Santa Fe Lofts Renovation X
'Kary Building 701 Commerce SUret Suite 510 Remodel X
__ _ _
Higher Education Renovations
_ .
_ .
The University of Texas Soulhwestem Medical Center tl��k�gy i��r� Utilization and Renovation x
_ - _ . __
��r� University of Texas Southweslern Medical Center ,�st9r� Clinic Lrasa�ay &��rkir�c� X
The Uia�vers� of Texas Soulhwestem Medical Cenler Zale Clinical Lean Lab and MeditaUon Room X
Dallas Counly Community College Dislrict Glass Replacemeni Service-Price Agreeement X
Dallas Couniy Communily College District Construction Management Svcs ADA Upgrades at BHC X
�7aldas G�ue�iy C�amrn�niiy College Dislrict �ro�kl�ave� ��11�� Fi�sk�ap6�� -- X
Dallas County Community College District EI Centro College Replace & Seal All Exterior Windows X
Dallas County Community College Distncl �lorth Lake College Replace Exterior Storefront X
_ _ _
__ _ _ _
DaOas County Community College District 9tichland College Repair and Re-upolster Performance Hall Seating X I
Dallas County Community College District C�sdfii�ld �crkC�g� Refurbish Restrooms {;i} X
Dallas Counry Community College Disirict Mountain View Gait�� R�pl��� Hall Carpet-Main �ampus X
_ _ . _
Dallas County Community College Districl Proqram Management Phase III X
--
University of North Texas ai Arlington Fumish and lnstall Kitchen Cabinets X
Dallas County Community College DisUict Eastfield College Building C Remodel X
Dallas County Community College Dislrict Brn�kYra+ren & Richland Golpe�es X
- _
_. _ _ _
�allas County Community College Disirict ���i�eld ��a11�ge and Cedar V�6�ey ��li�q� Fi���ir� X
__ _ __. _
Southem Methodist University Guildhall Project Pits X
K-12 Renovations
_ .
- -
Grapevine-Colleyville Independenl School Dislricl PBEC Hotwaler Heaters X
.. . __ _ . _ _ _ _ -
�r��vi�j���raEB�yv�lE� Independent School Districi Brans(ord Elementary X
_ _ _ _ _ _
�allas Independenl School Dislrict �P #38 Martin Lulher �tin� l,ea��ing CeMer X
___ _
Dallas Independent School Dislrict Moving Senrices Contract BP #52 Reinhardt ES X
Dallas Independent School Dislricl Moving Services Contract BP #52 E3�yl�s ES X
Dallas Independent School Disiricl Moving Services Contract Moseley ES X
_ _ _ ___ _ . _
Dallas Independent School Dislrict Moving Services Contract C�f'i�# ��Qdlet, Fiel�i, Williams ___ X I
_ _ -
Dallas Independent School Disiricl Moving Services Contract �+�t�d� �C�rey MS & Harrell Budd ES X
_ _- - _
Dallas Independenl School Distdci Moving Services Conlracl 8P#12 WalkedDealey X
--- - __ _ _
Dallas Independenl School Dislrici Moving Services Coniraci 8P#15 Samuel & Spruce X
rkeling & Buslness Development\MarkeUng\Marketing MateAals\DroJect llsts\TX Govcrnme�t Entftles & Slmilar Renovations.Klsx
# Similar Renovation Experience
Owner
Dallas Independent School Dislncl
pa91�s �nd�p�ndea�l School District
p�l�as 6n€iepe�dec�l School Districl
C��Cpas Ir�rJ��re�sden( School Districl
��[C�s Ind��a�r�d�nl School Districl
Dallas ind���n�er�f School Districl �J�3� Dislrict
Dallas Indeper�desat School DisUid {J�7� District Wsd�)
_ �_� -
Dallas 1v7d�pe���rs4 School DisUicl {JC7� Districl W�d�j
Dallas Ind�pend�nt School DisUict {J[7� District Wide)
Dallas Ir�d��r�d��7t School District {Jt7� Districl Wd���
Dallas Independent School District �.It�G District W��#e}
Y�al6as Independent School Dislricl �J�3G District V��de�
��El�s lndependenl School Distrid �JC7C District V�fi�lej
C�aEf�s Independent School District {,p�}� Dislrid V�'€dej
Dallas Independent School District (JOC District Wide)
___ _
Dallas Independent School District (JOC DisUict Wide)
Dallas Independent School Disirid (JOC Dislricl Wide)
Dallas Independent School DisUict (JOC Dislrict Wide)
_ __
Dallas Independent School Districl (JOC Dislrict Wide)
'Dallas Independent School District (JOC Dislricl Wide)
_– — -- ___
Dallas Independent School DisVicl (JOC Distrid Wide)
Dallas Independenl School Dislrict (JOC District Wide)
Dallas Independenl School DisVict (JOC Dislrid Wide)
Dallas Independenl School Districi (JOC Disirict Wide)
Dallas lndependent School Disirict (JOC District Wide)
Dallas Independent School Districl (JOC Distncl Wide)
Dallas Independent School Disirict (JOC Districl Wide)
Dallas Independent School Dislrict (JOC Districl Wide)
Dallas Independent School Dislrict (JOC Disirict Wide)
Dallas Independent School Dislrict (JOC Disirid Wide)
Dallas Independent School District (JOC District Wide)
C���la� In�iep�n�t�nk School DisUict {J�C District W�ie)
€��69�s In����nd�ttl School Dislrict (J�� Districl W��S��
C��sl��s Nnd�pend�r�l School Districl ���� District W��e}
Dallas Independenl School Disirict (JOC District Wide)
Dallas Independent School Dislrict (JOC Districl Wide)
Dallas Ir�d��a�R�d�nt School District t�1C�� Disirict tNdd�J
Dallas isade�r�d�nt School Dislrict (�f�� District Wd�S�j
Dallas l�ad��r5derxC School District �,lC�G M�vir� �ervi�
G+�il�s lrs�f��7�r���r�i School District
Cr�r�d Prairie t�atle�a�n�e�i School Distnct
�'��i Worth Id�de�rs�i�nt School Distrid (J�� Order �csr
f ne€ Worth Intl�p�nd�r�t School Disirid �J�� Order �ar
�r�r� Worih Ir�d��+��sr��nt School District ��I�t� Order (�t�r
F�et Worth Crs�e��n�f�nt School Distrid (Jat� Order ��+r
F�arrd Worth k��e�ae���nt School Dislrict �Jcsb Order Gc>r
C��Y Worth 2nd��a�aad��?� School Districl CJc�ta Order Gnr
Project Name
�F�#�; HerbeA Marcus Elem School 4� 182
BP#�: Sudie Williams Elem School �J�� 228
�Pp�; Tom Field Elem School �3r� 144
���i: FP Caillet Elem Schoo� C�rg 120 __
F urrs�sh 8 Install Doors, Frames and Hardware
�r�n M Roberis M�r�u�e �sgnage Relocalion
K-12 Renovations (ct�rat�nu�d�
flra�p M RobeAs ES
h3ar��€ss ES Louver
Fred F Florence M.S.
R�#a�ns�n HS Security
Seag�av�lEc NoAh ES
Zan Wesl�y Holmes Jr. MS Ball Field
W�9mer Hulchins HS
A1k�r1 ���n�y Johnston ES - JACE Conlrols Ir�l�ra_lir�n
Frankiin D. Roosevelt HS - JACE Controls integ�aU�n
JP Slarks Van�uard - JACE Controls Int�r�lia��r
��cps�� W Truett E.S.
Surss�t Wigi� School Storm Sewer
Ascher Silberstein E.S.
4'V.E. Greiner Arts Ac�d�my _ _
c
�9��Ita T R�i6iy E.S.
Atleft� Botello �;�1d�ja E.S. Tum Lane and Traffic Ss��l
��r� Field E.S. Heat Modifications
___ __
Townview Center Wall
�f)ich�n Ralls
i�9:�i� Machine ��m�v�UR�pt��mer��
Ad�r�s�it H.S. Demolition
Carter-Lanier Cooler F�eezers
�Cl�b�t� E.S. Phenolic Roof Remediation
Ghatles Rice ��arr��n� Center
Removal of Dish Machines & Fixtures
h���� Smilh H.S. Roof �tepE�cement
�oad Warehouse Kilchen ����s
f=lor�€s� E.S. Auditorium _
K�I�n E.S. Auditorium
�,ri`srs�l�ra Park �vn�murrity L��ming Center Classroom Addition
lincsa9r� H.S. ��y9�ghl ��p�i�
f�vy�rs E.S.
Various Schools
F�ogl�r�sa H.S. aca€�r�ir�� Track
6'�tErie€�c� and Construction Services
t� Northside H.S.
t} iVr�sih�6�l�, Benbrook & f��d�1e
f� Bill J Elliott E.S.
ij Harlean Beal Elem. School
�} Paschal �iigh School
�� Sellars Elem. School
Renovation
2
irkeling & Buslness Development\Markcling\Marketing Materlels\Projecl lists\TX Government Entilles & Slmllar Renovatlons.zlsx
�tm�u s rro�eci txpenence wnn i�xas uuv��n�n�n�a� GIIUUC.7
Similar Renovation Experience
Ovmer
Fort Worlh pn��p�c�d��i School District (J�a� Order C�nir�c
��� Worth Irr��ps�ntier�e School District (J��a Order ��o�l��
_ _ __ .
�c�rt Worth I�deper����at School DisUict �Jab Order C�nlr��
i°aari Worth fnd���n�f�rs1 School District �dc��s Order C�ntr�c
For1 Worth Independenl School Dislrict (Job Order Contra
_ __ — -- _
Fort Worth Independenl School Districl (Job Order Contra
FoA Worth Independent School Districl (Job Order Contra
Fort Worth Independenl School Distrid (Job Order Contra
Fort Worth Independent School District (Job Order Contra
Fort Worth Independent School Disiricl(Job Order Conira
_
�allas Independent School Districl
_ __ __
Dallas Independent School Dislricl (JOC Facility Maint Sv
Dallas Independenl School District (JOC Facility Maint Sv
Dallas Independent School Dislrict (JOC Faciliry Maint Sv
Dallas Independent School Dislricl (JOC Facility Maint 5v
_ _ __
C7�I€as Independent School District (JC�C F=a�il€ty Maint �u
I�a�l�s �r���y7er�ri�nf School Distncl (Jf�C �aef]a� Maint �v
T�a�l� l�d�p�n��nf School Districl (JOC i=�cdl�ty Mainl �v
G�alias tnd�p�n��nt School DisUiCl [,tC�G t°ac99�iy Maint 5v
Dallas ir�d��ndend School Dislrict �,1�� �ac'slity Mainl 5v
Dallas Independent Schoot District (JOC Facility Maint Sv
Dallas Independenl School District (JOC Facility Mainl Sv
Dallas Independent School District (JOC Facility Maini Sv
Dallas Independent School Dislnct (JOC Facility Maint Sv
_
,Dailas Independent School bislnct (JOC Facility Mainl Sv
!Dallas Independent School Dislricl
Adinglon Independent School Disfrici
Dallas Independent School District (JOC Facility Support)
Dallas Independenl School Dislrict (JOC Facility SuppoA)
Dallas Independent School Oistricl (JOC Facility SuppoA)
Dallas Independent School Dlslrict (JOC Facility Suppori)
�allas Independent School Districl (JOC Facility Suppori)
Dallas Independent School District (JOC Facility Support)
Dallas Independent School Dislrict (JOC Facility Support)
Dallas Independent School Dislricl (JOC Facility Suppori)
Texas Department ot Trasportation
DaA Area Rapid Transit
Dari Area Rapid Transit
f��rt Area R�pdd Transit
[7a�t�a�J�=�rt Worth Intemational A�d�c��# Board
DallaslFort Worth Intemational,�iP��ri Board
Texas Depa�lmenl of Criminal Justice
DallaslFort Worih Intemalional Airpo�t Board
C}�rdlasrl�na� Worlh Intemalional Rir�c�r! Board
[�all��lFctri Worth International i�irp�r9 Board
Project Name
pj Glen Park Elem. School
_ . ._ _
�t} Forest Oak Middle School Cabling
_ ___
t} Momingside E,S.
#) Edward J Bnscoe E.S.
ct) Mitchell Bivd. E,S.
_-- _ . _.
ct) Oakhursl E,S S�cs�t�ly Camera ��blir�g
cl) Dunbar M.S. S�c��i� Camera G�h91r�g
ct) McLean 6th Grade Cafeteria
ct) O.D. Wyat# H.S. ��c�sniy Camera �a�r1«c�
ct) Southwest H.S. Securiry Camera �al��ir�g
Exterior poors, Parts and Supplies
cs) Food Warehouse Kilchen Ca��s
K-12 Renovations (c�nt%naaed�
_
cs) Molina Tennis Courls
__ _ _
cs) Junkins E.S, Sk�a7 Rep�ir
_
cs) CooledFreezer Walls
�s� N. Dallas Eledrical
_
�j Athletic Light Poles
�} ���gav66f� �g Bam OH Doors
�j Academic Servioes Wall Pahition
�� Garcia M.S. Interior Finish Out
cs) Galvanized W�I'��y - Food Services
cs) A�uniin� Services Parlition Wall
cs) Stephen J. Hay Admin - Phase I
cs) A� ��9�r�scan, WB Miller, Rice and F b�u�l�s Kilchen �;�g�s
cs) Buckner E.S. Demolilion
Administralion Auditorium Addilional and Renovation
Misc C�r�lra�ng __.
f_�€�ds�aping
Window Tlnting
�z Stage Curtains
€s Si�a� Curtains
YV.T. Whrie I.�ntl;���6n� _
8iometricClocks _ __
Public Entity Renovations
__ _ _ __ __
Caddo Milis �lunicip�l Ai�rrr�
Central Rail C��r�4Fng ���ility iight I��p�3r� _
��cas�da�+ DATA Center �merger�cy Generator Inslallaiion
Bus Shelter Sile Improvements 2014
7ertninal A Phase 2�t�r��pasila Panels
Terminal E Phase 2 Conslruction
Luther Unit Kitchen Renovation
Terminal A Seclion B T�ml�. 8 Misc
Terminal E �ay���� �i�rrdlin� Syst�m Demo
'P��in�� A Phase 2 Demolilion & Slrudure f��eka��
Renovation
arketlnQ & Buslness �evelopmenl\Marketing\Markeling Malerials\Projecl Lis4s\TX Govemment En4ities & Simllar Renavatlons.xlsx 3
�......._ �. A . ._s___--r—.._..v_ ...... .. ......_
Similar Renovation Experience
Owner Project Name Renovation
. _ _ _ _ __ _ _
DallaslFoA Worih Inlemalional Airport Board T�rml�aal A Phase 2 Doors, Frames and Hardware X
7exas Deparlment of Criminal Justice TDCJ Vance Shower Area Renovalion
X
�allas/Forl WoAh Inlemational Airpo�t Board �`e�r�ina! A Rail Stalion Glass 8�E�xinq
Dallas/Fort Worth Inlemational Ai�porl Board i�rmir�al B��g��r�e Han�3isnq �ys�e�s X
DallaslFoA Worth Intemational AirpoA Board i�aml�:a9 A Seciion B�rbak�k6ng Pa�kag� X
Cily of Fo�t Wodh F����a Sh�P aay Doors X
Texas Deparlmenl of Criminal Justice h�i���e� Unil R�tri��r�t��rn 5ysiam X
DallaslFoH Worth Intemational AirpoA Board ier�n�n�l A Rail Station M�s�nry
L�v� Field Air�ar� Gave Field Terminal Concourse �r��l�r� X
Dai��sf�€sr� Worth Intemational AirposC Board i�rmin�� B P1 �Inonn� X
i��E&asJ�"c�€1 Worih lntemalional Airport Board C�is#de fire TrainedDPS Fire ir�ir�3ng i�ac�liiy Up�radi�
. __.___
. _ _ .._ _
DallaslFort Worth IMemalional Airporl Board Demolition for 7erminal B X
DallaslForl Worth Intemational Airpo�l Board Terminal A Phase 1 Doors, Frames and Hardware X
_ __ _ -
DallaslForl WoAh Intemational Airport Board T�rmirsal A Expan�i��r Join4s X
Dallas/Fort Worth IntemaGonal Airport Board Demolition
X
Texas DepaAment of Crimal JusUce Pack Unil Kithchen Renovation X
'DallaslFort Worlh Inlemalional Airporl Board Terminal E Salellite ReactivaGon X
DallaslFo�t Worth Intemafional Airport Board T�x�ur�y Su�n A1
Public Entity Renovations ���nt�n���j
DallaslFort Worth Intemational Airport Board 7�m�i�rti B&E Fire Protection X
DallaslFort Worih Intemaiional Airport Board Terminal A&C Comm Room X
Dart Area Rapid Transit �mpr�u�ments at Inwood Intersection X
DallaslFort Worlh Inlemational Airport Board Terminal E5 Restrooms X
DallaslFo�t Wo�ih Inlemafional Airport Board f��°Yd BARC Terminal A T�n�p Facili(ies X
Dart Area Rapid Transil ��u� Llne Expan�i�s�
--
L��Rl�s,�c�rt Worlh Intemalional A�€�art Board iesr�6n�i Rr.ga�ng A&C: Termienl A&C �eg�iing - Mechanical X
[�al��st�rsrt Worth IntemaGonal Air,par� Board 7erminal Regating A&C_TeRninal A&C Regating - Concrete X
_. _ __
€3a�Area I�a�i�4 Transil On-Call Contracl Bollard Installation X
Darl Area Rapid Transit On-Call ConUact [3ART H���quart�rs Finance Remodel X
Dart Area Rapid Transit On-Call Contract ?OCS Foundalions, Anchor Bofts
part Area Rapid Transil On•Call Conlract Polioe Fic���qu�rle� X
�koeing & Business DcvelopmenY\MarkeUng\Maeketing Matcrials\Prajecl Llets\TM Goveenment Entltles & Slmilar Renova4lons.xlsx
CITY Or llENTON
RFP 5506
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.
2l. Please provide at least (3) three referei�ces (p�•efe��aGly �rru�:icipalities) and contract
amounts. Include project description, contact names, position, and organization nanne and
telephone number for each reference listed. See attachznent F.
Reference Company: Dallas/Fort Worth International Airport
Contaet Person: Cathleen Baulisch, Contracts Manager
Address: Airport Development & Engineering
3003 S. Service Road
DPW Airport, TX 75261
Tclephone: 972-973-1716
Email: cbaulisch@dfwairport.com
Project Name: Tertninal A Temporary Finishes
DFW Airport, Texas
Contract Amount: $2,962,316
Project Description: This project consists of upgrading existing standard finishes to
�nore high-end product finishes with terrazzo flooring, acoustic
metal pan ceilings and phenolic wall paneling. This upgrading
process spans over two tenninal �ates and when �nished; will be
the flagship standard for upgrading the remaining terminals
throughout the DFW Airport.
Reference Company: Texas Department of Criminal Justice
Contact Person: Teresa Rhodes, CTPM — Contract Administrator
Contracts and Procurement
Address: Two Financial Plaza, Suite 525
Huntsville, TX 77340
Telephone: 936-437-7055
Email: teresa.rhodes@tdcj.state.tx.us
Project Name: Renovation of Refrigeration System — Michael Unit
Tennessee Colony, Texas
Contract Amount: $3,920,000
Project Description: Renovation of the existin� refrigeration system and converting the
entire plant to ammonia. The new ammonia refrigeration system
to include a skid systein with compressors and a MCC. The
system will be connected through a series of piping systems that
will be tied with the existing system tl�rougll the existing roof
system; tlae new piping on the roof is to be supported and the roof
penetrations are to be modified to provide a new weather tight
systein.
Page 108 of RFP # 5506
Reference Company:
Contact Person:
Address:
CITY OF DENTON
I2FP 5506
Dallas Independent School District
Steven Solka, Manager
Construction Scrvices
3801 Herschel Avenue
Dallas, TX 75219
Telephone: 972-925-7225
Email: stsolka@dallasisd.org
Project Namc: BP#38 — Martin Luther King Jr. Elementar}� School
Dallas, Texas
ContractAmount: $1,306,832
Project Description: Renovations of existing school which includes interior Painting of
Common Areas; Door & Hardware Replacement; Mechanical
System Replacement & Upgrades; Grease Trap Replacement;
Restroom Refurbislunents and ADA Upgrades; Elevator Upgrades
and Refurbislunent; Upgrade Building System Controls;
Dunnpster Pad and Enclosure; Building Security System
Replacement; P/A System Replacement; Interior Buildin�
Signage; Playground Equipment; Stage Sound System
Replacement; and Concrete Paving.
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.
�
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).
�
24. Has your company implemented an Employee Health and Safety Program compliant with 29
CrR 1910 "General Industry Standards" and/or 29 CrR 1926 "General Construction
Standards" as they apply to your Company's customary activities?
l�t��,llv�w�v.���tara. :y�r�l �l�f��s������l�Tc����s��cl�.s���-�1� �'ca���a'� a �i�� t �e��'�',���1�,1RI���}� t��
level=l&� ke�alue=1926
Yes.
25. Please indicate the total number of projects your Finn has undertaken within the last five
years?
LEMCO has under taken a roximatel 130 ro'ects over the last five ears.
Page 109 of RFP # 5506
26. Iiasurance Inforn�ation
a. Na�ne of Insurance
b. A�ent Name
c. Address of Agency
d. City/State
e. Phone Number
f. Email address of Agent
CiTY OF DENTON
RFP 5506
Atz�c�a���x��
Tvl���e��- I��_Bt�wl�� `I'rt�Y
�31 �4 �Ja���ut I�il1 �.a�ae. l G°�� ��l��r�e
i���J�s, T�x�� _���e�
�'!�-7`��-�4 � $
��r���� '��xs�c3r.�sk���I���.������
27. List all subcontractors whom respondent estimates will fulfill l 5% or more of the contract:
LEMCO anticipates that subcontractors within the following seopes of work will fulfill 15%
or more of this contract:
• Painting
• Flooring
� HVAC
• Plumbing
• Electrical
28. Resident/Non-Resident Bidder Determination:
Texas Govenunent Code Section 2252.002: Non-resident bidders. Texas law prohibits cities
and other governmental units frozn awarding contracts to a non-resident firm unless the
amount 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 nhone number of:
a. Proposing finns principle place of business:
LEMCO Construction Services, L.P.
14131 Midway Road, Suite 660
Addison, TX 75001
b. Company's majority owner principle place of business:
Majoritv Owner: Ju� Lembke 100% Ownershin
Majorit�Owner's Principal Place of Business
LEMCO Construction Services. L.P.
14131 Midwav �t��tl- �ur_te �fiGQ
___
Addisoi�, TX 75001
c. Ultimate Pare�it Company's principle place of business:
N/A
Page 110 of RFP # 5506
CITY OF DENTON
RFP 5506
ATTACHMENT F
REFERENCES
Please list three (3) Government references, other tLan tl�e City of Denton, who can verify the quality of service your
company provides. The City prefers custonners of similar size and scope of work to this proposal.
Reference Company:
Contact Person:
Address:
Telephone:
Email:
Project Name:
Scope of Work:
R�TERENCE ONE
Dallas/Fori Worih International Airport
Cathleen Baulisch, Contracts Manager
Airport Development & Engineering
3003 S. Service Road
DFW Airpori, TX 75261
972-973-] 716
cbauli sch@dfwairport.com
Terminal A Temporary Finishes
DFW Airport, Texas
Upgrade of standard finishes
REFERENCE TWO
Reference Company: Texas Department of Criminal Justice
Contact Person: Teresa Rhodes, CTPM — Contract Administrator
Contracts and Procurement
Address: Two Financial Plaza, Suite 525
Huntsville, TX 77340
Telephone: 936-437-7055
Email: teresa.rhodes@tdcj.state.tx.us
Project Name: Renovation of Refrigeration System — Michael Unit
Tennessee Colony, Texas
Scope of Wark: Renovation of existing refrigeration system.
REFERENCE TIiREE
Reference Company: Dallas Independent School District
Contact Person: Steven Solka, Manager
Construction Services
Address: 3801 Herschel Avenue
Dallas, TX 75219
Telephone: 9?2-925-7225
Email: stsolka@dal lasisd.org
BP#38 — Martin Luther King Jr. Elementary School
Scope of Work: Renovation of existing school.
Page 120 of RFP # 5506
� � � ��� �
I�istorically Unclerutilizeci Business
Certification and Compliance Program
The Texas Comptroller of Public Accounts (CPA),
hereby certifies that
LEMCO CONST :- CTION SERVICES, L.P.
. ���
has successfuli��� th ���blished requirements of the
State of Texas ri��.�l nderutilized Business (HUB) Program
�� ��,��� � recognized as a HUB,
This cerl�fi� r�rri� �-��12, supersedes any registration and certificate previously issued by the
HUB �r , If ther� r� any changes regarding the iniormation (i.e., business structure, ownership, day-to-
day rr�a�ra��m�n� �rational control, addresses, phone and fax numbers or authorized signatures) provided in
the �ukami��� �af the business' application for registration/ce�tification as a HUB, you must immediately (within
30 days �f such changes) notify the HUB Prog�am 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.
CertificateNlD Number:
F11eNendor Number:
Approval Date:
Expitation Date:
1383681308200
34539
26-JAN-2012
26-JAN-2016
� �• ��I�,-,
Paul A. Gibson
Statewide HUB Program Manager
Texas Compiroller of Public Accounts
Texas Procurement and Support Services Division
Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this
business as a HUB, they must award payment under the CertificateNlD Number identified above. Agencies and
universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the
Intemel (http://www.window.state.tx,us/procuremenV/cmbl/hubonly.html) or by contacting the HUB Program at
(888) 863-5881 or (512) 463-5872.
�
!
�
..
. .
• �
I
� .
��-r
OA%
��
ti
.�i
�
�
< �
�
�
# .
�
i ,
♦
■
��
�
�
�
, J
w
�
�
�
.�r
�
;;... �,.�.;:
�
.�
�
�
�
C�
`�
4J
W �
�
y O
N a'�7-
'� b
� �
W • V:
�N--� �
� �
� o
w �
.� V
c �
� �
ClS "�
C� �
� �
l�' G
J �
� � �
�� ��
� �
� "��
�" � '�rC,
� �� Y
U '� �
� � �
� �
�
C�
.� cC
� �
�
.�
V
.��--±'i
L'-'
�
.�
� O
� p=
� �
� �
� �
V
� Z
�
d �
�
. �
w �
��
��
�
U r�
W
� �
�
�'�
��
�
N V! N �
I'4 , W F $ 3
1�
� ��U
�
�
�
�' �
N �
.-�- ""
�
O �N
� �
��
E
�
Z
±� �° � �7
�� ��
� �
��
C
O
�
Z
U
Z
L1J
CD
'S
�
C ?�y
;D �
v� �
N
� I
� �U
� c
_ �
u� U
o ._
T �
.a �
'� m
N �
.� C
N
°�-' ?O
Q >
O
O
u�
N
hN-
O
d'
N
N
ti
(O
O
�
N
N
1`�-
O
�
N
N
ti
�
0
v
N
�
r
O
N
�
Cri
d'
N
�
0
0
�
�
O
O
N
N
r
0
0
0
v
N
ti
0
0
0
N
ti
�
�
�
0
V
V
�
n.
�
Z
�
� .�
, 6`
L
'�LL�
�.�
��
�
��
�W i
��
C�
C�
�I
�����
.
'° �
���41 �
.,�� �
�g��
i��
�
� F
% ��
% ¢
G F
��
E
�
5
ti
(��°vl
r. {�5
` °f �
�� �
Q
Exhibit I
� �
� � .. � . � , .
CITY OF DENTON
RFP 5506
ATTACHMENT G
ATTACHMENT H
CONFLICT OF INTEREST QUESTIONNAIRE
�
�. �;.;:
_ �a � � .. m.ocal gc����x•��t�a��tt,�l e�ti�y
For vendor or othcr �rsa�r� dom business with I
Tl�is questionnaire rellects clianges made to the law by H.B. 1491, 80th Leg., Regular Session.
FORM CIQ
OPFICE USG ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received
who has a business relationsliip as defined by Section 176.001(1-a) with a local governmental 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 govemment 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 Goverrunent 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.
_. �-- - - _ _ .._,..�— .. -- �..�
� Namc of person who has a business relationship with local govcrnmental enHty.
Lembke
� Check this box if you arc filing an updatc to a previously filed questionaairc.
(The la�v requires that you iile an updated completed questionnaire with the appropriate filing authority not later than the 7'h business day afier the
date the originally filed questionnaire becomes incotnplete or inaccurate.)
3� Name of local govemment officer with �vhom filer has an employ�nent or business relationship.
N/A
Name of Ofticer
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 sectlon AND the taxable income is not received from the Iocal governmental entity?
_ Yes I.�.,,w.� No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which ihe local government officer
serves as an officer or director, or holds an ownership of 10 percent or more7
Yes No
D. Describe each affiliation or business relationship.
N/A
Signature of p�r�
with the governmental entity
Page 121 of RFP # 5506
4-3-14
Date