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2016-020ORDINANCE NO, 2016-020 AN ORDiNANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RENOVATION OF AN EXISTING PRE-ENGINEERED METAL BUILDING LOCATED AT 651 SOUTH MAYHILL ROAD FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5866-AWARDED TO L1NKS CONSTRUCTION, LLP 1N THE AMOL7NT OF $522,743). WHEREAS, the City has solicited, received and tabulated competitive proposals for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the construction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal for the construction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby accepted and approved: RFP � m MOUNT NUMBER CONTRACTOR A 5866 Links Construction, LLP $522,743 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notiiication of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and speciiications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5866 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive proposals and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved proposals and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY �� day of �� m�� ...��201,�. CH .....n ,' _ ' �. ... ...._ . _ RI� WATTS, MAYOR � ��I BY: � �� 1�� ......_.�_ � �-�� " APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � �. � � � �� BY:.....��........_ v�.,� .� � . .� �� "'� �� .� �M�.�v�..� � ' ,. . � � �,a +� , �. �� ,� �� ! ,� ., � M, t � I= �; ►� �� ' � !' � Mi:�- ; ��' , ... �: -�� .; �N�s.�� " � �� . �• :; � - �� ^ � " � u � M �� s � � � � ;� . �� • �� i � �; - � - �� +� ; � �' '`- ;� ►t� x�'� � 3', �- � � a �• , �� . � � - !- • � �� •�� i� '� ��,� �.,. �� • � �;� �s, � �� , � i ;.! S +:r i 11 � ' 4� � ►: � �:: ' i 1 � ��; i ' i # i 1. .: 4 ' • � 1 . , 1 / #; , R ' i i � ► 1 ' 11 • �>a !`, � f )t� � - �. , i 1��' S -f: R; � L 1 ! � '> � ■ ` �� R': �- � i s , 1 �f : ; �" +� - ,1 i ' � ft � �• 0 1 ! - <# � ��R • i, t ' ! � ' t tt -; ' �' 1 ',, � � ■ * i ��: :1 . � ,.. 1 � � A ��: i :., # :': �:�� ,: ,.� � ...: f 1 ,!;r� R � 1 � � ��►{ : `.� � ,:. ! 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",�,y � � � .. �' u .� ...�.. rl ,-d ._1 ,-I e-7 ,.J �] .J �] .._7 ' .� .� .:-1 .....1 �.��..-J :� J �1. �' � � � �' r�s °1 � v � a �r� � '� � ts c C `C . � y � ra .k�. p � . _ � ;;a. � c U =a �. � r c� i O � � •..: o �' � `.��, � o ,�r',.' o c �+ , `,�, .'-' �.. -o .-G a� m .. p � i � ��' 1i t�. � . h s-+ O C Ty i � ' ._ i � �` �, � � 1-. O � � � I ti r �4 G �} PJ � ,�,.. U �'i sn�,�. g�- .ii ' � ��. � n � '�. I �p 'p as ? 1 � � n e �:'� `a � � �crr i� �e , :r� �c n b �� . - fj '� . c "." N G C 6i . Sf:. � '�-... � C .0 ,� o � v o � � � .'C I E � .. �". � 61 41 '£a Ct7 ',' V � CJ � . p . " C� ., C. ' .u.. ��. C .'7 Z3 �? `a� a- V � �n `� ,� o o°"`' �� J"t°-K �c Ce' _ � � � � � �. ._ �, � _ � � . � � r � � o � � .� � ,� . � v � �, -. _ � ..� _. _ �. �. .� .� �, .� ,� w.. � ..� _ C � "o •L V m � � e� ° � u � v en � o. y � ..� � � v . � .. ei � a � � m v N � �'i �. f 1�' fre M Fp � yT! ��,,. � �C . f"� ;.4 tT C.7 -' Yl M �7: �Pl L..^ 1� CX O�. C--+ h! M �y' :C o � � . f 1 f'1 .' f�l N f 1 .o �. .-• .-. �-. e-. .� w ..--. �. p- .� v " �. d '�. {-° W Fa r„d. . C . � � � � . __. ____ _- , _ � , --' � ' T� . � � �� , � � � �, � ; � � � � �� - , � � ,� , � � � � � . � " ' �� . �� - � ., • ) ' • 4 ='. ' 11 —, � ► t l ( ' �. A w " � - M ! � l ., 1' �' ! .�.l !, i !�..' 1 f�� f d! 1 1.� * 1, 1 i 1'.... � �� 1 �. ..• 1 ' 1 � ��:. � - ! � �:1 w . i... � I ! � ' � 1R� ' 1' S f ! • !� • ' : 1; ��` ! . ,:� .1 � i, . f ;1 1 !i- . �i_ . ! ! :+. " � •� � ' ►i f . � l : SpeCi�1 Notice and Additianal Requirement(s): • �� - . ►• :� � , �•, , . . � �� • �• � � �- •. � .� - � ! � �.. � � ..: � ; 1 :S 1 ' '� � 1 .:� !' " i',: '11 1 ' 11.1 ♦ : 1 f : �i 1 : � : 1 1 . : � ` iF+1'; � ' * � i��t�� `t��a��: The City review, insl�ectioil, and processing procedures for invoices ordinarily require thirty (3O) days after receipt of invoiccs, inaterials, or services. Progasals wl7ich call far payrneilt Uefore thirty (30) days from receipt of invoice, ar caSh discounts given on such payment, will be cansidereci only if, in the opinion of the I'urchasing M3nager, thc review, inspeclion, and�processing procedures can�be�completed�as specifie�l. It is�the intention of�the City af Denton to n��}ce payment �vithin thirty days after receip1 of valid invoices for which items or services have been received unless unusual circumstances arise. The:30 day praeessing Period for invaices will begin on the date the invoice is received or the date the items or services are received, whichever is'latcr. i��-+��# d��t �'r�� r��:��; Contracl�rs are encc�uraged to arrange fpr receiving payments through direct depasit. lntonnatian regarding d'u-ect deposit payments is available from the Gity of Denton Aurchasing website: �� v��P��r.��»i��t��r�[��r��,.��n. d��i��, Invoices sl�all re sent directly to,the City of Denton Accounts Payable Department, 2I5 � McKinney St, DLnton, TX, 7�i201-4299 �vith a copy ta the attention of Herman Lawsan, Praject. Manager, City oiDenton Facilities Department, 215 �. McKinney'Street, Dentoil, TX 76205. Thc copy�may also be�emailed�to Herman��Lawson at ��g��t��t�,��t� �r��i ��`��r� ��. Invoiees�� ust be.fully documented as ta la��or, materials, and equipmentipravided, if applicable, and must refcrence the City of Dentcrn Purchase Order Number in order to be processed. No payments shail be made on invaices n+�t listing a Purchase Order Numbcr. Im�oices far partiaTpayments on c;anstruction projects shoutd normaily be presentcd for payment within thc first`five days oftl�c cnonth, and sub'nitted on the AlA Pay Application Form. The City of Denton qualifes for sales ta�c exemption pursuant to,tlie provisians af Artic]e 20.04 (F) of the Texas Limited Sales, EYcise and Use Tax Act. Any Contractor perfarming wark under this contract for the City of Dentan may purchase materials aiid supE�lies and rent or lease c�uiprncnt sales tax free. Tliis is acca�ttplislZcd by is;;ui��g exempti�n certificates to suppliers. Certificates �nust c;omply with State C�omptroller's ruling #95-0.07 and #95-0,09, .. � � � � � � • �• A. Upon presentntion of valid payment requests uivoices, which should be within the first week of each month, tl�e Owner sllall make partial payinents to the Contractor for construction accorr�plis�led during thc prcccding calendar montll oti tltebasis of�completed constr�ction certified to by the Confractor and approved by the O��ner and �Architect/Engineer so�ely for the purposes of paymcnt: Pro�fided, hawe��er, that such approval shall nat be deemed approval ofthe workmanship c�r materials. Only ninety-five perecnt (95%} of each paynlent request approved ciuring the constructian af the project sliall be paid by the O�vvner to the Contractor prior to completion ofthe project. Upon the approval by tlie Owner of the Contractor's "Fina1 Im�oice for Payinent" showing the total cost of the constructian performed, the Owner shall make payment to khe Contractor of all amounts to which tlie Cantractor shall'be entikled there under wllich shall not have been pard: Prc�vided, however, that�such final pa}nnent shall be'made�not later than thirt� (30) c�ays ai�er the date of campletion of construction of the project, �as `s�ecified in the Pina1 Inv�ice toi- Payment, unless withtreld hecause c�f [he fault of lhe Contractor.� B. The Contractor sl�all be paid oii the basis af tlle percentage ofthe work actually compl,eted for each construction item. The total amaunt paid for ��eriodic billings s11all not excced ��tke � maximurn contract price for the construelion of the pr�ject as set forth in the cantract, unless suclt excess shall have beeci approveci byllic Owner, and l�wner's Representative, att� 111 WfBfHTI� by thc Purchasing Agent as part af a chanbe ordcr. C. �N4 paymeut shall be clue ��vl�ile the Ca�itiractor is �in default in respect ofany ofthe provisions o# tilis caniract, and the Owner may withhold from tl�€e Contractor Lhe arr►ount ofany claim by any tllird party against either tl�e �ontractor��or�the Owner based upon�an a]leged i�ailure oftlie Contractor to �erform the wc�rk hcreunder in accordaiice with the provisio��s of this contract. This includes alleged failure �f the Cantraclor ta make payments to suh�;ontractc�r�. a. RELEASE OF LIENS AN� CERTIFICA7"E OF CONTRACTOR: � Release crf Liens and �Certiticate of Contractor sliall be aceomplished��in�aecordance �with �Artiele 5.3 ctit��[�e Standard 1'erms �a�d Conditions. � � 5. PA�'MENTS TO MATERIAI.. MEN ANU SUSCONTRACTORS: The Cantrac.�tor shall pay each materialman, and each subcontractor, if any, not-later tl�ian five (5) days'after receipt ofany payment from the Ow'�er, the ampunt therecjf ailowed the Contractar f<�r and on ac;count �f malerials furnisheti or construction perforn�ed by each materia]rnan or each subcontractor. :� �a11 �1:a A. C�mpletion of C�ntractor's Default lfdefault shall be made by the Contractor ar by;any subcontractor in th� perfannance ofa��y of the ter�ns oft]iisproposal, the O�i�ner, without in any mamier litniting its le�;�l and equitablc rcmedi�es in the circumstances, Ynay scr��e upon the Contractor and the Surety or Sureties upon the Contractor's bc>nd or bands a written notice requiring the Contractor ta cause such default to be carrectc:ci fortliwith. Unless within lwenty (?0) days after the service of such notice upon lfie Contractor such default sitall be u�rrected or arrangements �for the u�rre�`ti�jt thereof satisfactory to the Owner and/or Engineer siiall be made by tl�e Contractor or its Surety or Sureties, the Owner may take oti�er thc constructian of thc project and prosecutc the same to completian by contract oi• otlier�vise for the account and a# tlie expense of the Contractor, and the Contractor and its Surety or Sureties shall be Jiable to the Owner fcrr any costar expense in excess oftlie contract price accasianeCi therehy. In such event the Owner may #ake possessinn'of and utilize, in cc�mpleting�ihe construction of�thc project, any materials,��tools; supplies, appliances,��and �lant belonging t� tlie Contractor or any of iis subconCractors, «�llich tnay be situated at the site of tlle ��raject. The Owner i�i such contul�ency may exercise �iy rights, claims or demands wlYich t]7e Contractor may havc against third persons in cannection with this contract �nd for such purpose the Contractor does hereby assign, transfer and set over unto the Owner all such rights claims and demands. B. I��ic�uidated Damages The time ofthe completion afcot7sttvetion ofth� pro.ject is ofthe e.ssence oi�the contr�ct. Should thc Contractor neglect, refuse or tail to complete tl�e canst'-uction within the time herein agreed upon, after givin� effect to extensions of titne, if any,� hereirl �provided, �then, �i�� that event and in view of the c�ifficulty of estimatiiig with exactr►ess da�nabes caused by such delay, the Owner shall liave tl�c ri�ht to deduct troin and retain out ofsucll money wl�ich niay be'then due or which inay becoine due arid ��ayable to tl�e Contractor �the sui11� bf FI VE HU1'1DRED ��C;?I,�I�� i� .�w[J��,�.�� per d�y for each and every day, includin� weekends, that such construction is dclayed on its cc�rupletion beyond tlie s��eciiied�tiine, as liquitlated dama�es a�1d � � � � � � �• � - � e� � r • � i• . � � :� �o +. �. • - � � - �� - � � - �� - �� 1 i ` i . 1 w . _ * _ .M +.� . 1 'w s II i, wl 1� , �_ ! i i1 ■ . �, ' • ' .i ' f ,;" ' FI ! � � ' ' ►� • ' � ' : �- s - . ! �.. � # � �; ! - f.;. i �..., � �:� � ... � ! `� E i.. M ..; ... . i � t ' ! � � ' 1 . . � �, � . i � i ' � � � � C � S S I ' ' I � � i f I :�� . 1 • 1' i i ' � � � � ' • / . ?; - � . ' �I , � � ! y ► � . � • ► 1 "' # M - . �� • � 1 ; � ' . � , 1 � , � ' : 1 � ' ! , ; GENERALDCFINITICINS � 1.1 The following definitions appiy throughaut these General Conditions and to the other Contract e r a) THE CONTRACT DOCUMENTS The Cai}lract llocuments cansist ofthe formaJ Bui1ding Construction ServicesAgreement between tlie Owner anci tl�e Cantractor, these General Conditions and other supplementary conditions i��cluded by sp�;cial provisions or addcnda, drawings, specifications, addenda issued prior to exece�tion of the Contract, ather docume,its listed in the Cotttract, and Amendments issued after execution ofdhc Contract. For purposes c�f these General Conditions, ati Amendment is: (1) a written Supplernental ��Agreement-to thc Contract sigr�ed by authorized �representatives�af Uoth parties; (2) a Change Order, including Chan�e Orders signed only by the Owner as described in 5uhl�aragraph 7.1(b) and Subparagrapli 7.1(e}; or (3) a written orcier for a minar change in the Work issued by the Architect/Engineer as described in Paragrapli 7.3. The Contract Documcnts alsa iRclude bid documents such as the Owner's Instructions ta Bidciers, sain�le forms, the Contract�r's T3id Praposal and portians of addenda relating to any of these dacumenls, ancl any otller documents, exhibits �jr altachments specifically enumerated in t11e Buildin�; Construction Services Agree�nent, l�ut specifically eaclude �eotechnical and suYrsurface i�eports tt�at the Owrier may have pravided to the Contractor. b) TI-iE CONTRACT Thc Contract Docusnents, as defined in Paragraph 1.1, aa•e expressly iticorporated into and inade a part ofthe fic�rmal Building Construction Ser�ices �Agreement between the Owner and the Gant�ractor by reference i� this Paragrapll and Paragrapll 1.1 (whicl� documents are sometimes also referr�cj to u�llectivi;ly in lliese G�neral C�ndilions as thc "Contract"). Tlie Contracl Docurnents represent thc entirc and integrated �agreement between �tlie Owi�er and the Contractor and superscdc all prior negotiatians, rcpresciitations ar agrecinents, eitlier ��ritten or orai. Tlie terins and co��ditions of tlle Contract Documents naay be changcd anly by an Amenc�rnent. The Cantraet Documents shall not be c.onstrueci to create a contracival relationship of any kind: (1) between lhe ArchitectJEngineer and C�ntractor; (2) between the Owner and a Suhcontractor or Sub-subcantractor; c�r (3) between any persons or entities other than che Owner and Contractor. The Architect/Engineer shall, llowever, t�e cntit]ed to perfonnance aiid enforcement �#�� vbli�;ations under the Contract Docun�cnts intended to facilitate perforn�ancc ofthe Architect/Engineer's duties. c) T'HE WORIC The term "Woc•k" mcai�s the construction and sei•vices re,quired by t%e Contract Documents, whether completed or partially completed, and includes all;labor, matcrials, equipmenta and ser-yices provided or tc� be provideci by thc Coutr3c#or, or any Subcc�t�tractars, Sub- subcontractoi•s, material suppliers, or any other entity for whom the Contractar is responsible, to firlfilll'�the Contractor's obli�ations. �ThE Work m3y �constitute the whole or'��part ofthe Project. d) THE PROJECT The Praject is the total construction more particularly d,escribed in the Building Canstruction S�rvvices Agreement, of«�liich the Work perforined under the Contract Docuinents may bethe whole or a park of the Project anc� which rnay include construction by the O�vner ar by; separate c;c7ntractars. All references in these General Conditions ta or concerning the Work or the site of the Work will use the term "Project,'' nc�twithstanding tltat the Work may only be a part of the Pmject. � � e) TI� DRAWINGS The Drawings (also known a� the "Plans') are tl�e graphic and pictorial portinns ofthe Contract Documents, wherever lpcated and whenever;issued, showing the design, location and dimensious of the Wark, �enerally including plans, elevatians, sections, details, schedules, and diagra�ns. f) 'SP CA ON5 Thc Spccifieations are that portic�n oFthe C'ontract Documents consisting ofthe written i•equirements for rnaterials, equipinent, canstruction systerns, standards, and workmanship for the Work, perfonnance of related services, anci other technical requirements. �) P Tl�e Project Manual is the volume ar volumes �vhich cnrltain the biddinb rc�uirements, sampie fac-ms, Genc:ral Conditions for Buil�iing Coi�stcvction, special provisions, and S�ecifications. Tlie Project Manual inay be inadified by writtett adden�ums issued by the Owner durin� bidding, in which casc thc written addendwns become a part oftllc Project Manual u�on their issuanee, unless�otherwise indicated�by tlie Owner in writing. h) ALTERNATE An Alternate is a variation in the Wo�•k oYy which tl�e Owner requires a price separate from the Gity Buildin� General Conditi�ns 13ase Pro}iosal. Ifan Alternate is accepted l�y the Ovvner, the variation «�ill become a p�rt� ofthe Cc�ntract thmugl� the execution of a cha��;e order or ainendment to the Contraat and tlae Base Bid will be adjusted to include t�he ainount�quoted. If an alternate is accepted by the O��ner, and later deleted �rior to any Work under thc alternate being �crformed or materials deliverec� ta tl�c Project'site, the Owner �vill be entitled ta a crcdit in tlte �ful] valuc ofthe alternate as �prieed in the�Contractar's Bid. ij BASE Proposal The Base Proposal is the price quoted fior the Work before Alteiyiates are considereci. j) HAZARI)OUS SLJBSTANCE The term HazaY•dous Substance is�defined to �include the follawin�;: (1) any asbestos or any material�wfiich contains any�hydrated mineral silicate, including chrysolite, amosi�e, crocidolite,��treinolite, anthophy�ite or actinolite, whether friable ar nan-friabie; (2) any �x�lych�oriraated biplienyls ("PCBs"}, or�PCB-containing materials, or �luids; (3) radon; (4) any other hazardous, radioactive, t�xic or noxious substance, material, pollutant, ar solid, liquid or gaseous waste; (5) any palluCant or�cantaminant�(including but not limited to petrc�leutn,�petroleum hydrocarbans, petroleum products, crude azl or any fractions thsreof, any oii or gas exploration or production waste, a�y natural gas, synthetic gas or any mixture thereof, lead, or other xoxic metals) which in its condition, concentration or area of release could have a sig�iiicant effect on human l�ealth, the environment, or natural resources; (6) any substance that, `t�hether by its nature or its use, is st�bjecf to reguiation or requires environmental investigation! monitaring, or remediatian under any federal, state, or loca] envirar,m�ntal laws, rules, or regulatinns; (7) any uncierground storage tanks, as defined in 42 U.S.C. Section 6991{1)(A)(I) (including those deiined by'Section 9001(1) of the 1984 Hazardous and Solid Waste Amendn�ents to the Resource Conservation and Recovery Act, 42 U.S.C. 'Section 6901 et seq.; the Texas Water Cade Annotated Section 26.344; a�td Title 30 af the Texas Administrative Cade Sections 334.3 and 334.4), whether empty, filled ar partially filled with any suhstance; and (8) any other hazardous material, hazardous wasle, hazardous svbstance, solid waste, and tnxic substance as those or similar lerms are defineci under any federal, state, or local enviranmental la�vs, rules, or regulations. k} OTHER DEFINITIONS As used in the Gontract Documents, the tollo�ving additional tenns have the following meanin�s: (1} "provide" tneans to�furnish, install, f��ricate, deliver and�erecl, including all�services, materials, appurtenances and other expenses to camplele in piace, ready far op�ration or use; (2) "shall" means the action of the party tc� wliich reference is being made is �mandat�ry; (3) "as recjuired" r►�eans �s prescribet�� iii the Coi�tract Documerits; and (4) '`as necessaiy" means al] action essential ar needed to complete tlie wark in accordance with the Contraet Documents and applieable laws, ordinances, construction codes, and regulatio��s. � � •''' `! ! I (a} Tlte Building� Ce��struction Sei°vices A�;reeinent yhall be signed by duly authariced representatives of the Owner and Coi7tractar as �ra��ided in the Agrecmeilt. (b) Exeeution �f t11e Buiiding Constructic�n Services Agrecment hy tlie Contractor is a representation that the C,ontractor has visited tlie site, become ia�niliar �vith local ccmd.itions, including subsurfacc canditions as described a��c3 'identified in thc Geatcchnical Repart, under which the Work is to�be perfonned and corr�lated ��rsonal observations �v.ith requirements ofthe C-c►ntract Documcnts. (c) The intent, of the Contract Documents is to include all items nccessary for'the prc�per execution and completion ofthe`Work by the Gontractor. The Cojitract Documents ai�e complementary, and wl�at is required by one��shall be as bindir�b as i#��rec�uit-ed��by alj; perfarmance by the Contractor shall be reyuirecl only�to�the extent c:onsistent ti4�ith tlle�C'ontract D�cuments and reasonably infcrable from them as tieing neccssary to produce tl�e intended re:suits. (d) Or�anization ofthe Specificatians into divisions, sections, and articles, and arrangement'of Drawings sl�all not coutrol tlle Contractor in dividing thc Work among Subcantractors or in establishing the extcnt of Work to be performed by any trade. (e) Unless othenvise stated in the C�ntract Documents, ��ords wluch have well-knowij technical or construction industry meanings are used in the Contract Docurnents in accordance �vith such recabnized rneanings, (t) Tite Drawin�s and Specificatinn.s are intendeci to a};ree with one another, �nd Work calleci inr by Drawings and not mentioned in Specifications, �r vice versa, shall be furnisheci as if set forth by both. Specifications shall govern inateria�s, metlx�ds and quality ofwork. ln the event ofa conflict on khe Drawings between scale and dimension, figured dimensions shall govern over scale dimensions and large scale drawings shall �;overn over sma�ll scale drawings. Conflict betwcen two or more dimensions applying to a cc�minon point shall bc referred to the Architect/Cnbineer/Engineer for final acljustment. Ifdiscrepancies or confiicts occur within ar U�YWeell t�le DI'aV1�111�5 aRC� S�eC1f1C8i10115 Te�c3['C�111� tl7e WOI'}C, or within or between other Contract' Dc�cujr�er�ts, ehe Contractor shall not peri'o�-sn such Work without ila`�ing oUtained a clarification frorn the Architect/Engii�cer and resoltition by thc Owner. Tl,e Owner°s decision as to the appropriate resolution of a conflict or discrepancy shall be fcnal. Should the Drawings or the Specifications disagree within theinselves or with each other; the Base Bid will be'based on the rnost expensive combinati�n of quaiity and quantity of Work indicated. (b) Deviations fram Cc�ntract Documents shall bc madc only after written approval is obtaincd fram Architect/E��bineer and �wner, as �ravided in Article 7. (1�) The �intention afthe Contract Docutnents is to� include all��nlaEerials, labor,�.tools, equipment, utilities, applianccs, accessories, services, transportation, and supervision required to cotnpletely� perform �the fabrication, erection and execution of the Work in its fin,al position. (i) Tlze most recently �issued Dr��ving or Specificatie�n tak�s precedence over previaus �issues of' the same Dra��ing ar Specification. In the event of'a conflict,'the order of precedence oi' uiterpretation of the Contract Documents is as follaws: (1) Ame�ldments (see Para�;rapb 7.2 for order of ��recedenec behveen Amendments); (2} the Building Constructio» Se�-��iccs Agreenient; (3) addenda, with those adclenda �t later date�-havit�� preeeti�nce over those of an earlier date; (4) the Supplementary General Condilions and Special'��Provisions,��'if any; (5) the General Conditions for Building Canstruction; (G) the Specifications and Draw�ings. �, .: � ; �; �., i7 �7 1 i ' 1 � 1� � • � - � � � � - i . ; � . - . • r � s : .� � - ! � � � , � � �, - r � � � e- -� � • -� � .a � �, � � c �' t ► � (2) the titles of numbered articles and ideratitied references to Para�raphs, Subparagraphs, and Glauses; � � (3) t1�e titles Uiother documents published or �secl by the Owner �as manuals or offici�l policy stateme►3ts; ar � . . . � . . �� . . . � • � , . . 2.l DEFlI`�ITION OF OWNER Thc Owner is the Cify of Denton, a Texas municipal ear}x�ration, and is identified �s such in the Building Car�struction Services Agreeincnt, and is refei7�ed to throughout the Cat�tract I}ocuments as if singular in nugnber. The tenn "Owner" rneans the O�tmer or the Owner's authorized repreticntatives. ! ' ' � 1 ' ' ! ! � , ;� "' (a) The Owncr shall furnish tl�e most reccnt su�vey describing the physical characteristics, legal limits, utility locations, �nd a permatient benchmark for the site of the Pmject. The O��ner shall also furnish any env�ronmental site assessrnents that may have been given to the Owt�er or conducted for the property upon which the Praject is ta be constructed: THIS INFORMATION 1S FURNISHED TO THE CONTRACTOR ONLY .lN [�Ri3ER TO MAKE DISCLOSURE OF TH1S MATERIAL AND FOR N(7 OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY E]THEI� IN WHOLE, IN RART, IMPLiCITLY OR EXPLICITLY, OR IN ANY DTHER WAY, AND THE OWNER SHALL HAVE NO LIABILIT�' FOR THIS MATERIAL. (b) Cxcept far }�ermits and fees wl�ich are pi•avided foi• in Subparagraph 3.7(a),'the Owner shall secure and pay fornecessary appravals, easements, assessanents, and�char�es required far construction, use, c�r occupancy of permaz�enC structures or %r permanent changes in exisi.ing facilities. (c) Infarmatic�n or services under the O�amer's cantral shall be #iarnished by the Owner with reasona�le pramptness to a�roid delay in the arderly progress ofthe Work. It is incumbcnt upan the Contractor to identify, establisl�, and maintain a current schedule of latest dates for sub�nittal and approval, as required in Paragraph 3.10, incluciing when such infc�rmation or services must be�delivered. lfOwner��delivers the information�or��services to the�Contractor as�schedule<I anc� Gontractor is not prepared to�accept or act c�n such information or services, ��then Contractor shafl reimburse Own�r for all extra costs rncun-ed of holding, storage, or retentian, incl�.iding redeliveries�by the Owner to co�i��y with the current schedule. � � (d) Unless oth�rwiseprovided in the Contract�Dacumetifs,t�tl�e Contracior�rvill�be �fitrnisherl electranic copies af the Drawings and Specifications for bid purposes and one liard capy approved by Buildin� Inspectians upan exeeution of the Contract. Cantractor may obtain additianal capies hy paying the cast af addit ional printing or reproduction. (e) The oblibations described above are in addition to other d�aties and responsibilities aftlie Owner enumeratod in the Contract Documents and especially those in respect to Article 6(Construction by Qwner or by Separate Cantractars), Article 9(Payments anci Campletion), and Article 11 (I�isurance and Bands). (fl The�Owner sllall fotward all �instructions to the Contractor through the Architect/Engineer, except for the Otivner's Notice to Proceed and the;Owner's decision to carry aut Work as described in Paragraph 2.4. (g) The Ownez''s ernployees, agenis, and consultants inay be present at the Project site durinb pc�forrnanc� ofthe Work�to assist the�Architect�/Engineer in the perfarrnanee ofthe Arcliitect/Engineer's duties and to verily the Contractor's record ofthe namber ofworkmen Cmployetl on the Work, their accupational classification, the time each is engaged in the �'✓ork, the equipment used�in the��performance�ofthe'VVr�rk, and for purpose ofverification of Conlraclor's Applicatians for Payment. 2.3 OWNER'S R.IGHT TO STOP THE WORK If the Cc�ntractor fails io correct any partian ot the Work whieh is not in ac�;c�rdance with thc; requirements of tlle Gontrad Documents as reyuired by Paragraph 12.2 or refuses c�r fails to carry out all or any part of'the Wark in accc�rdance with the Cantract Qocuments, the Owner, by writte]i order, may order tl�e Contrackor to stop the Wnrk, or any portian of th� Work, until tlie cause far the order has been eliminated. The right of the Owner however, to stop the Work�shall not ereate or im�ly a duty on the pa�t of the Owner to exercise tlais riglit for the benefit of tlie Contractor or any athcr petsan or cntity. The rights of thc �wner under tllis Paragraph 2.3 shall be in additic�n to, and not in restriction of; the Owner's ri�hts undcr Para�raph 12.2. 2A WNE 'S IG T TO CA Y OUT T E W K Iti the Cantractor fails or refuses ta cazry out the Work or perform any of tlie terms, covenants, or Ob�l��tl0[15 O�i�le COIIYTaCi DOCllIl7CC1tS, and f�ils or refiuses to correct any failure or refusal with � diligcnce and pro'nptness within twcr►ty (20} days afier receipt ofnoticc froin tl�c Owner, the Owner inay correct the Contractor's failure or refusal ar cause such failure or refusal to be corrected, �vitllout affecting, superseding, or waivin� any otller contractual, lefial, or equitahle remedies the Oti�ner 1ias, including but not limrtecl to the Owner's terminatron rights underArticle 13. In that case, an appropriate Change Order �vill be issued deductin� the �wner's cost of conection, includin� Architect/Cngiiaeer's co��pensation %z adtiitic�nal ��services and expenses�mad� necessary by the failure or refusal ortkle Contractor from payments thei� or thereafter due to t�xe Contractor. The cost ofcorrectioti is subject to verific�tion (but not approval) hy the Architect/Engineer. Ifpaymcnfis then or theeeafter due the Contractor are not sufficiet�t to cover th� cost of correction, the Contractor shal] pay the difference to the O�vner. 2.5 NCITICE`TO PROCEED A{�er fina� execution of the C`ontract and receipt and apprc�val of the required �erfarmance and payinenk boncis and evidence �of required insurance, tl�e�� Owner ��ill �issue �i written �iotiee to proceed �� witll Che Work, including the designated Cc�ntract Tiine within which 5ubstantial Completion of the Work �nust Uc achieved. [f the Owner unreasonably delays issuance of a written notice to proceec� tl�rou�h no fault of the Gontractor, the Contractor shall be entitled a�11y to an equitable adjustment of ttte Coniract Tir��, if�roperly claimed pursuant ta the reyuirements ofPara�raph 4.3; but the Contractor shall not be entitlecl to any increase��to the�Contract�Sum whatsQever�for titis reason. � ! ! � ' , �, �; , . ,- � . � �;- . , : ,. a � � - -r • r � ' • �� •- .: � � " �'I. '�.:� 4�.. � i�'��:� � � � � ' � � " � � � � � i ' � ' ' � ' (a) The Contractor shall carefully check, study, aiid eompare the Contract Documents with each otl�er a�td shall at once report to the Architect/Enginecr in writing any inconsistency, ainbiguity, errnr, omission, contlict, vr discrepancy the Contractar may discover. The Gontractor shall also verify all dimensivns, field measurements, and tielc� canditions before layin�; out the Work. Tl�te Contraetor �vill be held respansible for �vny k�ta�un or reasanably discovcred subsec{uent error, amission, con#lict, e�r discrepancy which �nibhi�have been avoidec� by the above-described check, study, com�arison, and reporting. In the event the Contractor cc7ntinues to work on an item ��here an inconsistency, ambigui�y, error, �o�nission, conflict, �r discrepancy exists with�7ut ohtaining such clarificatian ar resolution or com�nences an item of the Work without �iving written noticc of azl error, omission, conflict, or diserepaney that might �have becn avoided by�the check, study; and comparison required above, it shall be deemed that the Cpntractor bid and intended to execute the more stringent, ��i�ller quality, or state of tile art�requireYnent, ar accepted tlie condition as is in the Conlracl Documents, witltaul ai7y inerease to thc Contract Sum or Co�itract Time. The Contractor shall also l�c responsible to cc�rrect any failure af component pagt� to coordinate or fit properly into fi�ia� position as�a result ofContractor's failure�to �ive notice of and obtain a clarification or resc�lution of auy error, omission, cotiflict, or discrep��ncy, without any ri�ht to any increase to the Contraci Sutn or C�ntract Time. (b) Tlie ContracYor shall pertorm t�le �Work in accorclance with ��the Contract Documents and � submiftals appraved pursuant to Paragraph 3.12. � . � �; � , . � : , . � � (a) The C'c�ntractor shall su�ervise anei direct tl�e Work, using the Contractor's Uest skill and att�ntion. The Contractor shall be solely res�onsible �for and liave control over� conslruction means, melltods, tecliniques, sequences, and prooc�iures and tbr coord'u�ating all parti�ns �t�tlle Work, unless thc Gontract Docutnei�fis set forth specific instructions cc�ncerning these matteis, (b) The Cantractor shall be responsiblc totlie Owi�cr for the acts and arnissions ofthe Contractoi•'s ernplo}�ees, Subcantractc�rs, Sub-subcorltractors, and their re.speetive �gents and 'emplayees, and any other pec•sons perfonnin�; portians of tlie Work under a subcontract with tlle Contractor o�• , with any Suljcontractoi-, and all other persans or eiitities for which the Contractor is legally responsihle. All labor shall be performeci by nlcchanics that arc train�l and skilled in their respective trades. Standards of work reyuired thrau�;hout shall be trf a quality that will bri�g c�nly iu-st class results. Mechanics �vl�ose work is utisat.isfactory, or whn are cansidered careless, incompetent, unskilled, or otherwise ohjectianable shall be dismissed promptly from the Work and iinmediately replaced with competent, skilled �ersonnel. Any parl ofthe Work aclversely affected by the acts or omissions of incc�mpetenY, wlskilled, eareless, or ahjectionable personnel shall Y�c im�nediately correctcd by the Gontracfo�•. (c) The Cantractor shall not be relieved of its obligation to perfonn the Work in accordance with the Contract Documents either by activities or dutics of the Architect/Engineer in the Architect/Engineer's administration of the Contract, orby tests, inspections, ar approvals required oi•perfonned by persons other than the Contractor. (d) The Contractor shall be responsible ft�r inspection of portions af Work alreaciy performed under ihis Contract to detennine that�such�portions�are in pmper condition to receive subsequcnt�Work�� The �Con�ractor's responsibiiity �undec��this �para�;rap� will not in any way eliminate the � Architect/Engincer's res�a��sibility to the �wner under the Architect/En�ineer/Owner Agreement. (e) Any Contractar, Subcontractor, Sub-subcontractor, or separate contractor who commcnces Work over, in, or under any surfacC prepared by the Owner ar by any ofher cantractor, subcontractor, sub-subcotttractar or separate contractor without the Contractor having given written notice to the ArchitectfEnginecr of the cxistence of any'known or reasonably discovered t�aulty surface or con�iition in the surface th�►t preve��ts achieving tlte quality of workmanshi� specified by the Cantract Documents and without havin�; obtained:the prior approval of t1�e Architect/Engineer a�id the Owner to proceeci is deemed ta have accepted the surtace c►r u�nditic�n in #he surface a_s satisfactory at thc commenccment of such Work. Any unsatisfactory Work subsequently resulti'ig fra'n such a faulty surface or conditian in the surface that was not pre-approved by the Architect/Cngineer or the Owner after notice �s pravide� abave may be rejected and replacement required, withoui auiy increase ta tlle Contract Sum or Cantract Time, ( fl All �rades, ]ines, levels, and benchmarlrs sl�all he established and maintained on an ongoin� basis bytlle Contractor. The Coittractor is salely responsible for any errors inade in est�blishing or inaintaining proper grades, lines, levels, or bencl�niarks. Eaeh Contractor for his own Wark shalJ verify all �;rades, lin�;s, levels, and diinensicrns a.s indicater� on Drawings. He shall report a�iy errorsy O16IASSlO66Sy VVBAHIICISy or inconsisteneies to Architect/Engineer before cammencing any Work affected by these co»ciitions. Gontractor shall estabiisl� and safe�uard benchtnarks in at least t�vo widely separated places and, as VVork pragresses, c;stablisl� benchmarks �at each level and lay aul partitic�ns o�1 raugh floor in exact locations as guides ta all trades. The Gontractor shail, fr�m thc perinanent Uenchmark provided by the Owner, establish and maintain adequate hoi'izantal and vertical contro�. 3.4 �,ABOR AND'MA`I'ERIALS (a} Except as is otherwise specifically provided �iit tf�e Gontract Documents as being the � respc�nsibility ofthe Owner, the Contractar shall provide and pay for labnr, materials, equipment, tools, construcfiorl eyui�inetit aud machinery, �vater, heat, utilities, transportation, and otlier facilities anci services necessary for pi�per exccution anc� completion of the Work, tvhether temporaiy or pennanent and wllether or not ii�corporated or to be uicorporated in the Work. (h) The Contr�ctor shall enf�rce strict discipline and �*ood order amoug the Contractor's employees and otherpers�n5 carrying c�ut the Cantract. Tt7e Cc�ntractor shall not �ermit� employmenk o#�nnfit persans or persons not skilled�in�ta�ks assigned to diem. � � � (c) The Contractor�shall��ive�preference,��hen'q�ualit%ecl labor is available tc� perfonn the��Work�to which the emplayrnent relates, to;all labar hire� far the Praject in thc follawing order: (1) to bona fide�reside�ltsofthe Cityof�I7enton, Texas; �� (2) to bona tide��residents c�f the County ot Denton, Texas; (3} tc� hona fide residents ofthe State ot'Texas; (4) to bana tide residents ofthe Unitc:d States. 3.5 WARRANTY (a) General Warranty. The Contractar warrants to tlie Owiier that all Wc�rk shall be aecomp�ished in a good and r��arkmmilike;manner and that all materials and equipmcnt furnished under the Contract �aill be of good:quality, ne�v (unless atherwisc specified}, and tc•ce from -faults or ciefects, and that�tl�e� Work� will otttierwise conf'orm td the Cc�ntract ��Documents. Work�not conlorining to these requirements, including substitutians nat properly approved and autllorized, will be cansiderecl defective or nonconfarming. Tl�e Cantractor's wanar�ty excludes any r�medy for dam�►ge ar defect eaused by abuse,' madifications not executed by the Contractor, improper or insufiicient tnaintenance, impraper c�peration, ar normal «�ear and tear under nam�al usage. lf required by the Architect/Engineer, the Contractor shall iurnish satisfactory evidence as to t}te kinc� and quality of �i�aterials and equipment. THE GENERAL WARRANTY PROVIDED IN THIS SUBPA.RAGRAPH IS �IN ADDITION TO AND DOES�NOT L1MIT�OR D15GLA1M ANY OTHER WARRANTY OR REMEDY REQUIRED OR ,PROVIDED BY LAW OR TH� C.4NTRACT DOCUMENTS AND SUCH WARRANTY SHALL REQUIRE THG CONTRACT(7R TO REPLAC'E D�F�CI'IVE��MATERTALS �AND R.E-EXECUTE � DEFECTIVE WORK THAT IS DISCLOSED BY THC OWNER TO THE CONTR.ACTOR WITNIN A PERIOD�C�F TWO {2) YEARS�AFTER SUBSTANTIAL COMP�LETION�OF THE ENTIRE WOR[t OR, IF A LATENT DEFECT, WiTHIN TtWO (2) YEARS AFTER DISCOVCRY BY THE OWNCR OI' TH� LAT�NT DLFECT. � (b) Special Warranties. The Contraetor shall assign to the Owner in «�ri�ing, as a condition �preeedent t� final payment, the lerms and conditions of all special warranties i-equired �under the .Contract Documer�ts. 3.G TAXES The O��ner qualifies for exe��ption from state and local salcs and use taxes, pursuant to the provisic�n5 vf Section 151.309 of the Texas Tax Codc, as aine��ded. Thereforc; the Ownei• shall not �be 1ia�le for, �r nay tl�e Contracic��s cost of, Suc1Y sales ��d�use taxes which �vould otheiwise be � payable irl conrlection with the�purcl7ase af tangible personal property �furnishcd atid �incorporated inlo lhe real ��roperty being improved under tlie Contract Docuine�ats oi• tl�e purchase of materinls,�� supplies and other tangible personal property, other t1Y�n macl�inery ar equip�nent and its 7ccessaries and repair and replacement parts, necessacy and esseniial for performancc of�the Conlract which is to be completely consumed at tlae job site. The Contractor shall issue an exemptian certificate in lieu of the tax on such purchases. '' " , 1 # (a) T[ae Arcliitect/Engineer will apply and arrafi�e�for the issuanee ofth� City�nf Denton Buildir�g � Permit. The'Contractor and Subcontract�rs will apply and arrange for,the issuance of all otlzer requiredpermits, and-will not be rcquired to��pay a fee�for�any City of�Dentoa� �perrnits required �� tor tl�e Project. The Owner will pay all seivice ertension cl�ar�;es, includinb tap fees, assessed by tlic Water Utilities Departmcnt. (b) Tlte Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orciers of governmental entities ar agencies applying to perfonnance of tlie Work. {c) Except as provided in Subparagraph (d) belo�i; it is not the Contractar's responsihility to ascertain thaf the Contract Documents are in accordance with applicable laws, ordinances, constniction codes,' and rules and regulations. However, ifthe Contractor obsen��s that portions ofthe C.ontract Documents are at variaiice with applieable laws, ordinances, c�nstruction codes, rules or regulations the Contractor sha11 promptly notify the Architect/En�ineer and the Owner in writing, and necessary changes shali be accomplished l�y appropriate Amend�nent. (ci) It the Conti-actor perfarms Work knowing it to be contrary to laws, ordinances, construction codes, or rules and xegulations witl�aut notifyin�; the Architect/En�ineer and the Owner, the Contractor shall assume full responsibility for the Work and shall t�ear the attri�utable cc�sts c�f the correction of the Work and any other Work in place that may be adversely affected by the corrective work. " � ► �� (a) The Gontractor �shall include in the Contraet �Sum all allowances stuted in the Contract � Dncuments. Items covered by allowances shall be supplied for the amounfs identifie� in the Contract anci by persons or entities as the O�vner may c�irect, but the Contractor shall nat be required to employ persans or entities against which tlae Gontractor makes reasonable objectian. (b) Unless otherwise provided in�tlxe Contract�Documeirts: (1 j materials and ec�uipmcnt undcr �n �llo�vance shall be selected promptly by the Owner to avoid delay in tl�e Wark; (2} tk�e ainount of each allawance shall cc��er the c4st tU the C.ontractor af i�aterials-and equipment delivered at the site less all exempted ta�ces and applicable�trade discounts; (3) the a�nount ofeach allowanee includes the Contractor's costs for unloading ��and handl'u�� at tlle site, lahor, instaliation costs, overl�cad, profit, and �ther ex�aenses conte�nplated for stated alla��.��nce W�rk; (4} �vhenever costs are more than or less than allowances, the Contract Suni shall be adjusted accc�rdin�;ly by Change OrcJer. Tlle ainaunt of lhL Cllange Order sl�ali reflect: (i) the dit%rence between actual costs and the allowances under Clause (M} (2}; and (ii) changes in Contract�r's costs under Clause (b) (3); (5} the O�vner retains the ri�ht to review �nd apprave Subcontractors selected by the Contractor ta perforrn �vork activities cavered by allowances. 3.9 SUPERINTENDENT The Ca�jtractar shall employ a campetent superintendent and necessary assistants wljo shall be in attendance at tl�e Project site during perfannance of the Work. The superintendent shall.represent the Contractor; and cor�munications given to the�superintendent shall be �as bit�ding as i� �given to the Contraetor.'lrnportant cammunicatians shall lae confirmed in writing. Other communications shall be sitnilarly confir�ned on written request in each case. The Owner reserves the ri�;l�t to xequeSt Chat the Contractor replace its superultendent at any tiane and the Contractor wwill replace saicl superintendent at thc Qw�icr's directic�n, 3.l Q CONTRA.CTOR'S CONSTRUCTIQN SCHEDULES (a) Tlie Contractor shal�, immediately after award of the Cantract and before subinittaY ofthe first Application for Payment, prepare and submit the constructian schedule for tlze Arcliitect/En�ineer°s and Owner's information, review, and appraval in accordance with the followiyig pravisians: (1) LJnles� otherwise appraveci in writing hy the Owner, the constructian sck�edule shall nat exceed tltie Contract �Time �limits �currently ��ru effect under the Gontract�Docutnents �and shall �� provide far expeditious and practicable exccution of the Wark, (2) The construction schedule shall iilcluc�e all shop c�rawing and submittal data requirements, uidicating for each: (i) the latest date to be submitted by the Coniractor; and (ii) tl�e laYest date for ap}�roval by lhe Arehitect/Engineer. �3} Thc catistruction schedule sl�all b�; rn the Tocm ofa�critical path maaagem�nt�schedule, and shall indicate each critical task (the "predecessar") of all the major constructian activities of the Work in a logical and sequential ordei• (the "praject netti��ork") which requires campletion prior to cammencement oftl�e task next tollowin� (the��"successor").��Each task shall b� identified with: � (i) actual work lime, cxclusivc of slack time, for accomplishment; (ii} the latest start date; (rii} the latest�finish date; (iv) the arnount of�float associated with eacl� task; (v) the an�ount of labor, �natcrial, ancl eq«ipment associated with each task; and (vi) the percentage of ccainpletion as a� the date nf the current sclleciule. (4) The construction scheciulc sliall be revised and updated mo�lthiy to ref]ect the actual status of the Wnrk and shall be submitted with Lncl� Applicatian for Paytnent. (5) On ar before the first ciay of each month, fbllowin�; tlie date of cornmencernent ofthe Work as stateci i'i the notice to proceed, the Cantractar shall pre�are and submit to the Architect/Engineer anc� the Ov►�ner an vp-to-date statusre�rt ofthe progress ofthe varir�t�s constraction phases ofthe Wark in the for�n o#�a�i updated construction schedule. This st:�tus report shall c:onsist of a time scaie drawin�; indicating actua1 pragress ofthe �arious phases of the Work and tlic percentagc of completion of the entire Work. The original construction schedule shall be updated or chan�ed to indicate any adjustments tn the Contract Time granted by the Owtter. Tlle updated schedulc must be submittcd with the Contractar's Application for Payment. No application wil] be certifted without a satisfactory update to the construction schedule. , � � � � � .' � � � , ' 1 '�. 1 � R '�� 1 1 � �� ' i'� � ... ` ' � F ��.' �.( � 1'�: • �. ; �'�. 1 '� •: - `: � ��. :�. ��.- � ' • � ��'� :1 � � �. �....': � '�. . - . .: ,: + ...' � '. - ' �... �. 1 � ' • �.: ,� . ', � , .l.. � I 1 �.. �, �': ' ' ' �' ��. � �� .. 1 ' ' :i • ..'��. [. .... ! � '�. �� . ! ' �; �:� � '. t :'. � ,. � �" 1 ��. �� i - � �'�. �� ' � ��: i . ; �. , �.. # " F: �: � 1 .� : � J �'.: G ;. ... . ��. ,i ' � ��! � i�! 4l� � -� � .,,.., .,.,. .. �...'. 1 ,. # 1 � 1:. l`:• ;�. :i i�,; 41'��. � K��: '� f �� i� �� . t/ �'� : ' f � I � � . � � " � � � � �' . * , � � '' � ' � �� i ' i 1' � '�� .��.. 1 � .: � �.:� .' � � / :...... � �� . � i.��. � i:. �� .. � �. �... .: . • C�i� ►7Ti I iT�':�il lf[�]►�i7 1�11 ''� (b) Tlie �o�itractor shall also prepare and keep current, fo�r the ArchitectlEngineer's approval, a schedule ofsubmittals which is coordinateti with the Contractor's cc►nstruction schedule and allcs�vs the Architect/Engineer reasoiYable time to review submittals. (cj The Contractar shall cr>nform to the mosk recent schedules approved a� to i�Qnn by the Architect/Engiileer and the 4�vner. Any subsequent revisions rnade by the �'ontractor ta schcdules in effcct sha11 amform to thc provisions of Subparagraph 3.10(a) (d) Tfthe Work fa]ls Uehi��d the approvecl construction scheduie, the Contractor sllall take such steps as may be ��ecessary to im}�rove liis progress, and the Architect/E�Ygineer and the Own�r may require him to increase the number of shifts, oveitime oper�tions, days of wark, or the amount of construction plailt, and to suhmit for approval revised schedules in the forn� reyuireci above in �order to demonstrate the manner in which the agreecl rate af p.ro�;ress will be regained, all without additio�ial cost to the Owner. 1! 1 "';� The Contractor shall maintain at the Project �site for the Owner one record copy of the Dra��in�;s, Specific�tiotls, addenda, and Amendments in goo�i c�rder and �narkeci curt•ently to record changes and selections ��ade during constructian, �ai�d in adclitioti shall inaintain at the Project site approved Shop.Drawings, Product Data, �Samples,��and�sirnilar required�submittals. Tltese sl�all �be available to tlle Architectl�Engineer and sklall�be delivered to�the Architect/,Engineer f�r submittal tc��the Owner � upon completia�i ofthe Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (a) Shop Drat��itigs are drawings, diagrams, schedules, and otller data specially preparecl tc�r the Work by ihe Gontractor ar a Subcontractor, Sub-subwntractor, tnanufacturer, supplier, or distributor ta illustrate .same pc�rtion ofthe Wark. (b) Product ,Data are illustrations, standard schedules,� performance �cllarts, instructians, brochures, � diagra�s, �and other inforination furnished by the Contractor to illustrate materials or eyuiptne��t for same portion af the Work. (c} San��les are physical examples which illustrate materials, equipment, or worlunanship and establish standards by which tl�e Work will be}udged. (d) �Shop Drawi�igs, Product Data, Samples, aud �similar submittals are not�Cvntraet�Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required thc ��ay the Contractor propases to confornl to the information given and the design concept ex�xessed in tl�e Contract Docu'nents. Re�iew by the l�rcllitect/Engineer is subject to the limitations af P�ragraph 4.2. (e) Tlle Contractor shall review, approve and submit�to the Architect/Engineer Sh�p Drawinbs, Product Data, Sainples, aitd�similar submittals rcyuired�by the Contract Docuinetlts witlt reaso�iable pram��tness and in such sequence as to cause no delay in the Work or in tlie-activities of the Owner or of separate contrac,�tors. Submittals made by the Goniraetar �vhicti are not reyuircd by the Contract Dacumcnts n�ay be retumed without action. ( fl The Contractor shall perform na portian of thc Work requiring submittal and revicw of Shop Drawings, Product Data, Samples, or similar snbmittals until the respective submittal has been a�prc�v�c] by the Arcltitect/Fn�;ineer. Wo'•k i-equiring this submittai a�1d revie`v shall be in accordance ��vith approved sub�nittais and any identii�i�d exceptions��noted by thc Arehitect/Engincer. (g) By approving and submitting S1iop Drawings, Product Data, Samples and similar submittals, tl�e Contractor represents that the Contractor i�as detern�ined�and�verified materials, field rneas�remenls, and relateci field�wnstnictian criteria,�or�will dc� so, and has�checked and coordinated the inforrnation contained within submittals with the requirements oi��the �1Vork and af the Cantract Documents. Tlie Contractar's attention is dii•ectc�l to Paragraph 3.2 of these Geiicral Conditions and the rcquirernents stated in that �Para�rapl7. (h) The Gantractor shall nat be r�lieved of responsiUility for deviatians, substitutions, chan�;es, additiai�s, deletions or omissions from requirements of'the Cantract Documents by the Architect/En�inccr's approval of Shop Drat�vings, Product Data, 5amples, or sunilar subinittals unless the Contractor has specifically informed the�Architect/Enbineer in writing of �uch substitutions, changes, additions, deletions, omissions,� o� d�viations it�volved in the subxnittal at the time of submittal �and the Architect/Engineer,� subj�ect to�a formal Change Order signed by the O�vner, Architect/Engincer and Contractor, ilas biven written approval to tlic speciftc substitutions, chan�;es, additions, delctions, o��issions, or deviations. The Contractor shall not be rclicvcd of responsibility for errors �r omissiolts in Shop Drawings, Product Data, Samples, or similar submittals by the Architect/Cnbineer's approval thereof. Furtl�er, natwithstandin�; any approval of a:subn�ittal by the ArchitectlEngineer, the C�t�tractor sha]1 be responsible for all assoeiated Prajcct c:osts, including eosts of coordi�iation's, inodifications, c�r iinpacts, direct or i�ldircct, resultii�g from any�and all substitul�ions,�cl�an�es, additi�iis, delet�ions, amissions, or dcviations, whet.her or ��ot spccifically��id�ntifieci by t�he Contracto�' to the�ArchitecUEngineer �at � the time of the�above-mentioned submittals, ��including� additional consulling fees,�if�any,�in airy �� and �all �accorn�nodations associated with suclt substitutions, chan�cs, additions, delctions, � on�issi�ns,� or deviatic7ns tc� tlle rcquireme�lts,of the Cnntraet Dncwnents. � �� (i) The Contractor sliall direct s�ecific attention, in `writing ar on resubmitted Shop Drawings, � Product Data, Sampl�s, or similar submittals, to additic�nal��revisions otl�er��than those�requested by the Architect/Engineer o�l previous submittals. Iil the abse��ce of such �vritten notice, the Architect/Cngineer's a�praval of a resubmission shall tlot apply to the additional i-evisions �int recluested. (j) Informatianal submittals upon which the Architect/Cngineer is nat expccted to take rc,�sponsive � aetion may be so;identified in the Contrael ��Docum�nts. � (k) Wlien prafessional cerlificaiion ofperCormance criteria c�f maierials, systems, or eyui�ment is rcquired by the Contract Documents, the Architect/Engineer shall be entitled to rcly upon tl�e accuracy and completeness of such calculatians and eertifications. 3.13 USE OF THE PROJECT SITE The Contractor shall confinc operations at the �'roject site to areas permitted by law, ordinances, permits, and the Contract Documents and shall nat unreasonably encumber the Project site wit]� materials or equipment. 3.14 CUTTING AND PATCHING (a) The Cc�ntractor shall be respansible for;cutting, ��fittin�; or��patchin�; required to complete�the Work or to make its parls fit together properly. {b) The Contractor shall not damage ar'endangcr aporeion ofthe Work or any fully or partially camplcted construetion af the Owner or separate contractors by cutting� patching, or otlleru�ise alterinb the canstruction, or by excavating. Ti1e Cantractor sliall not cut ar otherwise alter the construction by the Owner ar a separate contractor except witli the writt�n consent of tlle Owner and of the separate cantractor; cc�nsent shall not be unreasonably withheld. The Contractar shall not unreasc►nably withhold from the Owner ar a separate contractor the Coniractor's consent ta cuttin� or otherwise altering the Work. (c) A Hot Work Pennit must be obtained from tl�e City of Denton's Facilities Management Department, 869 S, Woodrow Lane, Denton, Texas (940 344-7200) for �ufy temporary operation involving open flames orproducing )leat and/orsparks. Tl�is includes, but is iiot liiniteci ta: "Drazin�, Cutting, Grinding, 5c�lderin�;, Torch Applied Roofimg and Welding. 3.15 CLEANING UP (a} The�Co►ztractorshall kcep the Project site�anc� surrouoding�area free�fi•om accumulation of �i�aste ntaterials c�r rubbish caused by oper�tions under the Contract. Upan the completion of � the Work�the Contrac�tor shall remove fi•orn a�7d about the Pro_ject site all waste nlaterials, and rubbish, and all ofthe Ccrntractar's tools, constructi�n equipme�Yt, maehinery, and surplus � materials. �� (b) Ifthe Contractor fails to clean�up as provided in the Contract Documents, the Owner may cican � up and t1Yc C?wner's cc�st of cieaning up shall be charged to the Contractor. � �'',. The Goiitractor shall pro�ride the�Owner and �the�Arcl�itectlEn�ineer access to the Work izi preparatian �uid progress wherever located durics� the course of c;onstruction. � �' (a) Tests, u�specti�ns, and approvals ofportians of the Work ��ec�uired by,the Contract Dacumcnts'or by laws, ardinances, rules, regulations, or orders �f goven�mental entities or agencies having ' jurisdiction over the Work shall be made at appropriate times. Unless otherwise providcd, the ' Contr��ctor s}ial] make �rrangemcnts tor such tests, i��spectioi�s, and approvals with an independent testing laboratory or entity acceptable �to tl�e �wner ��• «�ith �the appropriate � � � �overnmental entity�or ageney, �and ,the Contractor shall t�e�r all �related costs, of tests, �- iiaspections, �nc� approvals_ The Contractor shall give the Archi#ectlE��gineer timely �notice ot � when and wh�re tests and �insp�etions�:are to��be;made�so the ArchilectlEn�ineer may observe �� such procedures. The Owner shall bear costs c�f tests, inspectians, or appravals �vhich becoi��e requirements ai�er bids or proposals are received. (b) If the Architect/Enginecr, the ON�ner ar other public authorities havinb jurisdiction over the Work�dete�minc�that�portions��oftlie VVork�reyuire�additional testing,�inspection or approval not includeci under Sul�paragraph 3. i 7(a), the Arclzitect/En�uieer will, upon written autl�orizatian fi�m the 04vner, instruct the Cantractar ta make arrangemettts far,sucl� additional testin�;, inspeciion or appraval by an entity acceptable ta the Owner, and-the Contractor shall give ti�nely notice lo the Architeet/�ngineer of when and where tests and inspectiorYs are to be rnade so'tl�at ihc Arcl�itect/Engineer may observe such Prc�cedures. The Owner shall bear such co�ts except as provided in Subparagrapl� 3.17(c). (c} If procedures for testing, inspection, or approtiJal undcr SuUparagraphs 3.l 7(a) and 3.17(b) reveal deficiencies or nonccmfoi-mities in�the Work, the Contractor shall��bear all eosts made itecessary to correct the cieficiencies or nonconformities, i,ncluding those of repeateci procedures and campensatian for tlle Architecl/Engineer's services and expenses, if any. Tlle Gontractor sliail bear tl�e costs of�any subsequent testing, ins�ection, or approval of the earrected Work. (d) Rcquired certificates of tcstin�;, inspection or approval siiall, unless otherwise required by the Cocjtract Documents, be secured by the Contract�r and proinptly delivered to the Architect/Cttgineer. � (c) If ttic ArchitectlEngineer is to observ� tests, inspections or ap�rc3va�ls required by the Contract Documents, �the ArchitectlCngiaieer will do so promptly �and, wllere practicable, at the nonnal �� place of t�sting or inspection. (f) Tests or- ir�s��ection� conducted pursuant to tl�e Contract Documents shall he �nade promptly to avoid unreasonable delay in the V4'ark. 3..18 ROYALTIES AND I'ATENTS � Thc Contraetar shall pay all royalCies and license fces. CONTRAGTOR SHALL COMPLET�LY DEFEND, INDEMNIFY AND H�LD OWNER ANDARCHITECT/ENGINEER HARMLESS FRC)M ANY AND ALL SUI7'S OR CLAIMS FOR INFRINGEMENT OF PATENT RIGHTS, REGARDLCSS OF WHETHER nR NOT THE OWN�R 4R THE ARCHITECT/ENGINECR SPECII�IrD A PARTICULAR DGSIGN, PROC�SS OR PRODUCT� TN 'TII� CONTRACT DOCUMEN7'S "I'HAT MAY BE TI3E SUB.fECT OF A PATENT INFRINGCMENT`OR OTHER�VISE AC,TIVELY INDUCED OR CONTRIBUTED TO THC INFRINGEMENT. ln the event the Contractor has;rea.son to believe that a particular dcsign, pracess or product specifteci infrittges a patent, ihe Contractor shall i'nmediately notify the Orx�ner and t11� Architect/Engineer af samc;. � ► � �; , �; � • � � a� • • � � � . � • � • ! � • � . •' � � � � �'" '��• � � �' 1 1� � •, ' i • , •' • ,, ' � i • � • ' •' ' • ' # �, . �. . • • � : • " • •• � � �� ' � � � � � • ,.,.. � .� .... � , \ ��... � � � a .� � i ► � �I ..,, � ��. . � . ;� ► R' ;O � �� ,..., R � � ��; .. ` �� .... .. � �.. . ....; . � � i�. ��. ' .'. �� ,: '. � .•�. �; t .! � ,. � R� � . �� ,.... � �: .,. � �� . •. ��. i . � 'I �. � �� .. ' � '� � '� ; � .. � � �� ! ,..... � �� .,.• � .. . , '�. # / !! R �:R ■ � , ��.. R � ..,t � ...., � , ,., .� � , ��. � � ��',. / � � � �.,:� !` : ► j1 �' .� � ... �. : � , � � � � �., ... , R , . '�, � , �..: � R . R ♦ ! ; ■ • ��: � I,. a � �:. �. � � � � : � � ,... � � '��: • . • • . a � � • •� ... • •� �� •; ,. r • • , � � ..; • a • , � � , � .. . • : � � , , , ;; . ,,�, � * ,�. �. � � i � . # . • e � • � � f' . � � .. r • • • 1 � i: a * �' � . ' � � �. .. � � � '* � i �,. , i R , • � � 1 '' •' � ■ � . p. • ' ! � i � �; r . � � r�• . w � .� - ' � . � � � - � - � , � - - I� -� r • � - '•r �- ,� - � w �'a �, � �'- .� • � � r r c r �s a • � � �- r • � • � , • � • • _ � � •, � - (c) �Ti�demnification under this Par�grapli 3.19 shall include, but is not limited to, liability which �� coni�l result to ar be created for the Own�r, its officers, agents, or empinyees, ar the Architect/Engineer pursuant to State or Federal laws or�regulatinns relating to pollution of.lhe environmcnt and Statc or Federal laws or regulations relating to tl�e occupational safety and healtiY of warkers. The Contractor specitically agrees to coinply with the abave-inentioned laws and reguiati�ns in the perforn�ai�cc ofthe Work by the Coritractor and that tl�e obligations of the Own�r, its ot�icers, agents, and employees, �nd the Architect/Enbineer urlder the abave- inentianed laws and regulatioris are seco��dary to those of the Contractor. ' 1 '• 1 ' ! , � ..� � ,• ! (a) The c�esign professional is the person ]awfuily liccnsec� to practice architecture or engineering or a firm ar other business entity lawfully practicing architecture/engineerin�; identified as such in the form��l Ciuildin�; Construetion Services A�reea7ent and is referred to throughout the Contract Documents as if sin�ular in nu�nber. The tenn "Architect/Engineer" ineans the Architect/Engincer or the �Architect/Engineer's �uthorized repr�entative. The �Owner may, �at its c�ption, desi�nate a qualified Owtier representative ta serve as the Architect/Engineer on che Project instead of an outside tirnz or persan. In such eE�ent, the references in these Gencral Conditions that refer to ti�e Architect/Enginecr shall apply to the Owner-designated Architect/Engineer representative aiid the Owner-designated Architect/Engineer representative shall be accarded that same status by the Contractor. (b} In the event the Architect/En�ineer is an outside persnn or fim, and the Architect/Engineer's employment is terminated, the Owner may, at its option, contract with a new outside Architect/Engineer to replace the fornler, or may c�esignate a qualitied Owner representative to serv� as the Ardiitect/Enginaer. Tiie replacement ArchitecdEngineer, whether��an �wner representative, an independent Architect/Engirte�r nrany otller qualified person or entity, shall be regarded as tlye Architect/Engineer for all purposes under the Contract cuments atid shall be accorded that same status by the Contractor. Any dispute in cannection with such appointment sha11 Ue,xeviewed and'settled by the Owner, whose dccision shall be final and bindiii�. � (c) Owner reserves the right to appoint a represenlattve empowered to act for the Owner during th� GonstructiE�n Phase and�lo�supe�sede the ArchitecUEnbineer's Construclion Phase responsibility. Owncr�sh�ll notiiy the ArchitEctlEngineer 1nd Cantractor in writing at least'10 days ��in advance, i£electing ta appoint a representative empowcred to act for the Owner during the Canstruction Pliase. Similarly, frorn timc to timc tlle Own�r may expand or recluce the Owner's delegation of powers ta tl�e Architect/En�i»eer, �aitli the Ownee notifying the Contractor of any such changes. The Architect/Engineer shall not be construed as a third party beneficiary,to the Cantract and can in na way nbject to any expansiqn or reductian ot: powers as set forth in this Subparagraph (c). In no event, hawever, shall the O�uner have control over cl}arge of, or Ue responsible fc�r, construction rneans, methods, teclu�iques, sequences, or pracedures, or for safety'precautians or programs in connectian v✓ith the Work since tliese are solely the Gontractor's responsibility. The Otvner wili r►ot be resp�nsible t�or the Cantractor's failure ta can•y out the Work in accordance with the Cot�tract Dacuments, The Owner wil] t�at have cantrol over or charge of anc� will not be responsil�le fc,r acts ar omissions of Contractor, Subcontractars, or their agents or empfoyees, or of any other persons performin� portions ofthe Wt�rk. . . � � ; � . . � . � . (a) The Aro��itcct/Enginccr will administcr the Cantract as described in the C'ontract Documents a�id in accordance tvith the terms af th� Architect/Engineer's agreement with the Owner, wl�ere applicable, subject to the direction �nd approval of the nwner. l f'requested by the Cantractc�r, the pravisions c�f the Owner/Architect/Engineer Agreement �vill be made available io the Contractor. (L�) �I I1C AI`CIl1t0CiIFi1�1Ree1' SIIaI� �)COVICIG', aUi'111� i7CirOT1T1aI7C� O�if1e WOTLC, adec�uate anci compeLent p�eriodicon-siie constructi�n observation, periodica�ly visiting tlte Projecl site to the extent necessary tc� ��ersonally familiarize themselves witl� the progress and quality of the Work, aiid ta determine if the Work is proceecling ii� accnrdance �vith�the Contr�ct Documents. The Architect/Engineer shall i�ot, hovveve�-, be required to make continuous on-site inspecCions to check the��VUork. Field reports ofeach visit�shall be }�reparerl by�the Architect/�ngineer and submitted to the Ocvner. Tlie Architect/Engineer shall employ all reasonable measures ta safeguard the Owner against defects and nonconfi�rmities in tl» Work. The Architect/Engineer shall not be respnnsible for the constn�ction meairts, �i�ethods, techniques, sequences'of pracedures, nc>r for the safety precautians and pra�,n�ms employed in connection with the Work. The ArchitectlFngineer will, hawever, immeciiatcly inform thc Uwner whenever defects or nanconforinities in the Wark are abseived, t�r when any observed actions or omissions are undertaken by the Contractor or any Subcontractar �vhicli are not in the best ii�terests afthe Owncr or the Pr�jecC. (c) The Architect/Eitginc:er and the Owner will not llavc control over or charge of attd will not be respoi�sible far constructian mea��s, methods, tcchniques, sequences, or procedures, or for safety precautions and pi•ograms in cr,nnection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 43. The Architect/Engineer and the Owner will not be responsible for the Gontractor's failure to carry out the Wark in accordance with the Contract Dacuments. The Architect/Engineer and tlie Owner will not have cantrol over c�r char�e of and will not he resPonsible for acts ar omissions csfthe Contractar, Subcontractors, Sub= subcontractors, or tllcir respective agcnts or employccs, or of any other persons performing portions of the Work far which the Contractor is responsible. (d) Except as othcrwise provided in the Contract Documents or wheii direct com�nunications have been specially authorizcd, the O�vner and Contractor shall endeavor ta communicate throu�;h the Arcliitect/Engineer. Com�nunications by and with'tlte Architect/Engineer's consultants silail Ue through the Architect/Engineer. Communications by and with Subcontracrors and material suppliers shall be through thc Contractor. Communications by and:with separate contractars will be through the Owner. The Cantractor shali providc written cczn6rmatian ofcornmunications inade directly with the Owner and provide copies of such confirmatian to the Architect/Engineer. (e) Baserl an the Architect/Engineer's abservations and evaluations ofthe Gantractor's Applications for Payment, tl�e Architect/Engineer will revie�u anr3 certify the am�unts due the Cantractar and wi11 issue Ce�-tificates forPayment in such aniounts, (� The A.rchitect/Engineer and the Owner will each have authority ta reject Work which does not conforni to the Contract D�cuments. Wl�enever the Architect/Cngineer considers it necessary or advisable for irnplementation of the intent of the Coiitract Documents, the Architect/Engineer will have autl�ority to reyuire additi�nal inspection or testing of the VVork in accordance with 5ubparagraphs 3.17(b) and 3.l 7(�),��whether or�not such Work�is iabricateci, installed or completed. Hawever, neither this anthority of the �rcl�itect/Engineer nor a decision made in bood faith either to exercise or not to exercise such authority shall give rise to any duty br responsibitity of the Architect/Ei�gineer to the C�ntractor, Subcontractars, material and equipment suppliers, theie agents or employees, or other persans pertorming partians of the Work. (g) The Architcct/Engineer will review and approve or take other� appropr�3te actron �upan tlle� Contractor's submiYtals sucl� as Shop Drawings, ProductData, and Sam�les, but o�lly far the limited purpose of checkin� for conformance with iniormation given a�id the design concept expresseci in the Contract Documents. Tlle Architect/Engineer's action wi]l be taken with such reasanable promptness as fa n�t delay the Work or the activities of the Owner, Contractor, or separate contractars. Review af such submittals is not conducteci for thc purJ�ose c�f:deteniuning the accuracy and completerzcss ofother details such as dimerisions and quantities, or for substantiatinb instructions for installatian or performance of equipment or systems, all af which remain the responsibility ofxhe Contractor as rec�uired bythe Cdntract Docurnents. The, Architect/Engineer's review �ot: the Contractc�r's submittals �shall n�t relr�ve the Coutrmctr�r��of any obligatians under Paragrapl�s 3.3, 3.5, and 3.12. The Arcliitect/Engineer's review shallnot canstitute approval o f safety precautians or, unlcss othenvise speciiically stated in u�riting by the Architect/Engineer, ofany canstruction means, m�thods, techniques, sequences, or pracedures. The Architect/Engineer's approval of a spccific item shall nat indicate a�praval of an assembly of wl�ich tlle �tem is a component. (h) The Archite�f/En�ineer will prepare Change Orders and may-authorize ininar changes inthe Work as provided in Para�;raph 7.3. (i) The ArehitectlEngineer vviIl conduct inspections�to detennine the date or dates of Substantial Completion �and�the date offinal completion, will receive:and �forward to the Owner��for the Owner's review and recc�rds written warranties and related dacu�nents rec�uired by the Cantrad and assembled by the Cantractor, and will issu� a final Certificate for Payment u�n compliance `vith the requirements of the Cantract Documents. (j) If the Qwner and Architect/Engineer agree, the Archi#ect/Engineer will provide ane c�r more Project sepresentatives to assist in carryin�; out the�Architect/Enbineer's respansi.bilities at the site. The dutic�ti, respansibilities, and lirnitations of authority of such Project representatives shall be as set farth ir� an exhibit to be incorporated �intr� the Gontract �Docwnents. (k) The Arctlitect/Engineer will interpret and iliake reco�nrnendations to the �wner cancerning perfortnance under and requic-ements of the Contract Documents upon written reyuest of c;ither the Owner or Contractor. The Architect/Engineec's response to such requests will be u�ade witli reasonablepr�mptness and within any time limits �agreed upon. The �rchitect/Engineer shall secure �he O�vner's written approval�l�efore issuing instructions, � interpretations, or judgments to the� CoRtractor which change tl��: scope of thc Work or�wh�ich modify or change�the terms aiid conditians of any ofthe Goixtract Documents. (1) Interpretfltians altd decisions of the Architect/En�ineer wiil be �consistent��vvith the�intent af �nd reasanably inferabte irom th� Cantract Dacurnents :�nd w`rll be in writing or in the form of Drav��inbs. When maicing such interpretations and decisions, the Architect/Engineer will endeavor io secure faithful perfiormance by the Cc�ntractor. (rn)The Az�chitcct/Engineer's dccisions on matters rclatiug to aesthetic effect �c�ill be final if ca�nsistent with the intent expressed in the Contract Documents provided thatthe Architect/Engineer has prior written approval ofthe Owner. 4.3 CLAIMS AND DiSPUT�ES (a) Definitia�i; Ueneral Notice of Claim Praceciure. As used in these Geiicral C:Undilions, a"Claim" mear�s a demand or assertio�l by o�ie of thc partics to the Contract sceking an adjustmeiit of the te�7,�s ofthe C'ontract Documents, of�the Cns�lract Sum, ofthe Co'7tract Time, ar son�e otl�cr �� reliefin respect tolhe�terrns o1'the�Contraci��Dacuments. The term�also�includes al�f nther�disputes between the Owner and t1�e Cc�i�tracior arising out of or relating�to the Project or the Gontracl Docutnents,�i�lcluding�but not��li,mited�to� cl�ims that work�was outsid� the scope�of�t}ae Gontract Daeu�nents. The responsihility to suhstantiate tlle Claim and the hurden �f demanstrating compliancc witli this provision shall rest wit11 thc party tnaking the Claim. Except ��vhcre � otlienvrse ��provided in� tlie �Conteact Dacuments, a Claim �by the Corttractor, whether for additional cc�mpensation, additional tiine, or othcr relief, includit�gbut not lin�ited to claims arising fi-om cot7cealeci coilditions, l'vIUST BE MABE BY WIZITTEN NOTI�E TO THE ARCHIT�CT/ENGINEER AND THE'OWN�R WITHIN FOURTEEN (14) DAYS AFTER OCCURItENCE OF THE EVENT OR EVENTS GIVING RISE TO THE PARTICULAR CLAIM. Every Claim of Ylae Contractar, whetlier for additianal campensatron,-additional tiine, or other relicf; including but not limitoci to elaim,s arising froin canecaled conditions, siitill be signecl and swom to by an'authorized corporate of�icer (if iiol a ccr �� ration,��then an ofhcial�t�f the � campany authorized to �bind :the �Cnntractor by liis signature) of the Contractor, verifying��Y11e truth and accuracy of the Glaim. THE`CONTRACTOR SHALL BE DEEMED TO HAVE WAIVED AN�' C'LAIM NOT MADE STRICTLY ihl ACCORDANCE WITH THE PROCEDURE AND TIME LIMITS�SET OUT'[N T��IS`PARAGR,4PH. (b) Referral to thc Architect/Enginecr. Claims, disputes, and other inatters in question between the Contractor and the Owner relating to the progress or execution of the Work or the interpretatian of the Contract Documents shall be referred �to the Architect/Engineer ��for recammendation to the Owner, �ahicl� recoininendation the Architect/C��gineer wili furnish in �writing within a reasonable time,pravidec] �rnper and adequate subst�ntiation has been received. Failttre ofthe Contractc�r to submit t11e Claim to the Architect/Engineer for rendering c}f a recamrnenda4ion to the Owner shall constitute a waiver of the Glaim. (c) Continuing Gontract Perfc�nnance. Pending final resolution ofa claim the Contractor sliall proceed diligently with perfc�nnancc of the Work and the Otvner shall cantinue ta �nake �aynients in accordance with the Contract Docu�nents. (d) Claims f��r Goncealed or Unknown Canditions. No adjustment in the Contract �Sum or T�ime associated with c;onceal�j or unkno�vn cunditians will normally bc considcreci or allawed; provided, however; that the Contrac,�t Sum or Timc may be adjusted hy the Owner in such circumstanccs only iF (1) a coneealeci subsurt�ce condition is enccyui�tereci in the c<iurse oI'�perf��nnance nfthe Work; (2) a cc�nce�led or unknown condition in an existing structure is at �-ariance with conditions indieated hy fhe Contract Documet7ts; ar (3) an uilknawn pliysical r;anc�itionis encountcred below the surface ofthe ground flr in an existing structure wl�ich is of an unusual nature and materially diffcrcnt fr�m those orclinarily enc:auntered and generally recobnized as inherettt in the character ofthe Work; and (4) a notice �of claim with proper and adequate substantiation is presex�ted pursuai7t to � Subpara�raph 4.3(a} of these General Conditions; and (S) the Owner and the Architect/En�ineer cietennine that: (i) prior tE� sul�mittinb its bid �for tlie Wc�rk, tlle Co��tractor used reasonable dili�encc to fully inspect tl�e portion c�f the Projeet site wl7erc t1Ye eonditio» was c3iscovered; and (ii) the; tvork causc;c�cl o�- i-equired by tlie concealeci ar unknown condition at issue can �e considered extra work tt� the' extent tllat aciditional ncw Drawings rnust be prepared and issued and ne�v construction beyand the scope of the Contract Documents is required. � �' � � • /� 4 ��. . .. ... , � �� . �� : � . , �� / �.. 7 •� � e �: �. � � . ��.. ��,� ' �� . . •. .. �: • � �, ' I: ��... ♦. �� . .: .. .. .�. � •� � i ... � ��,.... , �� : �� , ��. � �.. / �.! � . .�, �.. :• �• :,�� ,� : � , �. � . �: �� .. � ! �.. � . � ... . . ��, .. .. � :� • ... �" '� i �' '•'' (� Clain�.s for Adciitional Gost. If the ContrActor wishes to tnake a claim for an i�icrease in the Cot�tract Sum, written notice as provided in this Paragra}�114.3 sha11 be;�iven Uefore proceedin�; to execute the Work. Prior notice is not required #or claims relating to °an emergency endan�ering ' life or property arising under ['aragraph ] 0.3. 1n additior�, the Contractor's request for an increase in the Contract Sum for any reason (other than �vortc perfanned under ernergency cnnditions) sl�all be`made far enough in acivance of requirecl wark to alloeu tlle Owner and the Architect/Engineer a sufficient amount, oftime; ��uithaut adversely afFecting�the construction � sche�ule, to review the rec�uest, prepare and distribute such additic�nal documents as inay be nccessary to obtain suitable estimates or praposals aytd to negaliate, execute and distribute a � C�hange �Order��for�the�requi�ed �work if�tl�e Contractor believes that addit�ional cost is involved ��.for reasons including but not limited to: (1) a written interpretation from the ArchitecUEn�;ineer; (2) a written order for a minor change in the Work issueci by the Architect/Engineer; (3} failure of payment by the Owner; (4) termination ofthe Contract by the (7��ne�; (5) the Owner's temporary suspensian of all or any portian ofthe W�rk where the Contractor was not at fault; or (6) other rcason�Ule grouiids. (g) Injury or Damage to Person ar Property. If�the Contractor sufters injury or dainages to person or prope�ty because of a�1 act or amission of the Owner, or c�f anyof thc Owner's officers, employees or agents, written, swori�-to notice of any clai�n for damages or injury shall be given as provided in SubparabrAph 4.3(a). The itotice shall pr�vide sufticient detail to euaUle tlie Architect/Engineer and the�(�wner to investigdte the matter.� � ' (h) Subcontractar Pass-T11rat�bh Claims. In t}7e evenl that a�ly Subcantractor ofthe Contractar asserts a claiin to tlie Contractor that the Contractor secks to pass throu�h to tlle Owrier under the Cc�n(ract Documenls, any erttitlement c7fthe Conlractor lo ;�ubmit and asserk lhe claim againstthe Owncr shall l�c subjcct to: (1) the rec�uirements of Para�;raph 4.3 of these Gencral Canditioits; and (2) ��the t�lloiuiiig additianal tht•c;e r��iu-ements listed belovv, all tliree of whicll additioz�al � requirements shall be corYditions precedent to the �ntitlement of the Contractorta seek and assert such claim against the Owner: �(ii} 1'he Cpntraetor� shall �either (A) �have d't.rect��le�;al �liability�as a matter of coaitract, eommon �� la«, or statutory law to the Subcontractor fvr the claini that the Subcontractor is asserting or (B) the Cc�ntractar shall have enterecl into a tivritten liquidatin� agreement with the 5ubcc�ntractor, under which agreement the Cont�actor ]las agrecci to be ]egally responsible to the Subcontractor f�r,pursinb the assertion of�such claim a�;ai�lst the Owner under��tbe�� Contract a�d for paying�to t�e Subcontractor any amount�that may be recovered, less � Contractor's uicludcd markup (subject to thc linlits in the Conlract Documents far<a�yy markup). The liability ar responsibilities shall be idetitified in writing by the Coiitractor to the Owner at the time such claim is sub�nittc:d to Owner, and a copy af any Jiquidating agrecment shall be includcd by the ContraGtor in the claim submittal materials. (ii) The Contractor shall havercviewezi the claiin of the Suhcontractor prior to its submittal to dwner and shal] have independently evaluateci such claim iil good faith ta determine the extent to which the claim is believed in good f�ith ta be valid, The Contractor shall alsa ceriify, in writing and under oath to the Owner, at tlle time of the submittal of such claitn, ihat the Contraciar has made a review, evalualign, and determinatian that the claim is madc; in �;aod faith and is believed ta be valid. (iii) The Subc,ontractor�mak�ing�the claim to tlie Gontractor sl�all certify�in writing�and��under� oath that it has c;ompiled, reviewed and evaluated the merits of such claim and that the claim is believa� in good faith hy the Suhcontractor to be valid. A c�py of the certificati�n by the Subcontractar shall be included by Contractor in'the claim subinittal materials. (3) Any ftiilure caf the C'.ontrac,-tc�r ta ec�mply �vith any c�f the foregaing requirements and �� conditions precedent with,re�ard to any sucl� clai�n shall constitute a waiver of any entitlement io subnlit or pursue such cl�iin. (4) Receipt at�d review��ofa�claim by the (7wn�r�under this Subparagraph sh�li not t�e construed �s a waiver of any defenses ta the claim availal�le to the Owner under the Cantract Docuntents ar law. (i} Owner's Ri�l�t to Order Acceleration and to Deny Claimed and Appropriate Time Extensions, in Whole or in ,Aart. The Contractor acknowledges and a�rees that�Substantial Ca�npletion of the Wark by or bcfore the Scheduled Complction Date is of substantial importance to Ov�mer. Tl�e �following pra��isi�ns, therefore, �vill apply: (1 } Tf the Gon�ractor falls bel�ind the apprc►ved construction schedule for whatever reason, the Owner shall have the right, ui the Owner's sole discretion, to order the Contractor to develop a recovery sclledule as describecj in Parabraph 3. ] � or to acceierate its pro�,�ress i�l such a�nanner as ro acllieve Substantial Campletion on or betore the Contract Ti�ne cc�mpletion date ar such other date as the O�vner may reasonably direct and, upon receipt, t11e Gontract�r shall��take all action r�ecessary�to comply �irith the ozder_ In such�event,��any possihle ri�ht, iC�any, of the t'oneractor t« additi��nal compensalior� for any aceeleration sl�all b� subject to th� tc��ns ofthis Subpara�raph (i). (2} ln�the event that the Contractor is�othervvise entitled to an extension ofContract Tirne and I�as properly initiated a Claim for�a tin�e exte��sion in accc�rdarice��witli�5ubparagrapii �� 4.3(a� abovc,��Yhe Owner shall l�ave tl�e ri�ht, in the Owner's sole�discretian, to�'deny all, �r any pait, of the Ciaim'fot' extensian of Contract Time by giving written notice lo the Contractar provicied within fourteen �(14) days �after recei�t c►ti the Gpntractor's Claim. If � thc Owner denies tlic�Contraetor's cla�izu tior a��extension �f Contract Time under�tl�is Clause (i)('?), either in whole or ui part, the Contractor sliall proceed to prosecute the Work in such a'manner as to acl�iewe Subst�uttial Completion on or before the`tlle�� existing Scheduled Completion Date. (3) [f the Contractor would have been entiticd to a time extei3sion far• a reason specifically allawed u�ider tlie Contract Docui��ents, far an amount ot'time tl�at would havc _justified approval by the Owner if not for the neeci and righE to accelerate, tlle Confractor may initiate a Claim for acceleration casts pursua�it to Subpara�;raph 4.3(a�. Any resulting Claim for acceleration costs properly initiated by the Contractor u�der Subparagraph 4.3(a} above sl�all be liniited to those reasonable and dacumented direct'costs of labor, matcrials, equipment, and supervisian solely and directly attributaUle to the actual acceleratian activity necessary to`bring the Work back within the then existing approved constivctic�n schedule. Thcse direct cc�sts include the �remium portion of overtime pay, additior�al cre�v,'shift, or erquipment costs if requested in advance hy the Contractor and approc'cci in writing by the Owner. A percentage markup tor the proratect cost ot: preinium c�n tiie existin�; perfarmance and payrnei�t bonds and required insurance, not to exceed S%, will be alla�ved on the clarmed acceieration casts. NO OTHER MARKUP:FOR PRQFIT, �VERHEAD (1NCLUDING BUT NOT L[MITED TO HOME OFFICE OVERHEAD) OR ANY��OTHER� COSTS WILL ��BE ALLOW,ED ON `ANY�� AC'CELERATION CLAIM. The Owner shall not be liable for any costs relateti to an accelerat.ion claim other th�i those�described��in this Ciause (i)(3). � (i) Waiver of Clai�a�s; Final��Paymeilt. The makin�; oF�tinal payment shull constitute a waiver of claims hy the Uwner except tl�ose arising frc►m: (1) claiins, security interests, purportcxi licns, c�r other attem�ted encumhrances arising out ofthe �'antract and remainuig unsettled, � (2) �defective o�� nonco�if�rming Work appearing� after �ubstanYial CQmpietion; (3) latent defects, as defined in Subparagraph 12.2(d), appearing ai�er Final Completion; ar (4) tl�e terms of gciieral and special warranties require�l by tlle Contract Dc�cuments or allo�ved or implied t�y law. (k) THE CC}NTRACTOR 5HALL NOT BE ENTITLED TO RECOV�R ATTORNEY'S rELS AS A P'ART OF ANY CLAIM MADE UNDER TI-I�E GONT�RACT DOCUMENTS OR �IN �'.NY SUBSEQUCN'f LAWSUIT�OR ALTERN�ATIVE`DiSPUTE RESOLUTION T'�RO.CL~EDING. (1) No Waiver of Governmetttal [mmunity. NOTHING IN �THE ,CONTRACT DOCUMENTS SHALL BE CONSTRUED T4 WAIVE THE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS N01' CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATr LAW. C � !' 1' # 1 : � . �. (a) A Subcontractor.is person or entity who has a direct contract with the Contractorxo perform a oartion of the Work at the Project site or to supply materials or equipment to the CoY�tractor by purehasc or lease for use <in �erformance of or i�tcarporation into the Work. The tei-m "Subcon#ractor"-is referred ta throughout the Contract Documents as ifisingular in number and means a SuUcontractor or an authorized representative of the Subcontractor. 'i'he term "Subcontraetor" does not include a separate contractor or subcontractors'of a separate contractor, (b) A Sub�subcontractor is a person or etrtity who has a direct ar inciirect contract with a S�abcantractor to perform a portion oftl�e Vdork at the Project site or to supply materials ar equi�ment io the Subcontractor �r artother Sub-subec�ntractor by purcliase or lease fc�r use u3 perfonnance nf or incorparation into the Work. Tl,e-terin "Sub-subcontractar" is;referred to throughout the Cpntract Documents as if sin�ular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractar. • � ; � ; �. � � , �. �► � ��, � ;/' ' . � 1 • � ! 1 !' / . � � 1 ! 1 �, ' ► � � � . ! + (a) Immediately after the award of the Contract by the Owner, and before the Building Construction Services Agreement is signed by the Cantractc�r and the Owner, tl�e Contractor shall furnish io the Arcl�itecl/Engineer in writin�?, %r acce�tance by the Owner and the Architect/Engineer, a list of the names, addresses, telephone numbers, M/WBE certification nu�nbers (where applicable), and type of'wc�rk of the Subconiractors (including �thosc �who are to furnish matcrials or equiptnent fabricated to a special dcsign), proposed far the principa] partions ofthe Wark, including furc�ishings when made a part oftl�e Contract. Thc Contractor shall immediately notify the �wner in writing of a�y changes ira the list as tl�ey occur. The ArchitecdEngineer will promptly reply to the �Contractor in writi�lg stating whether or not��the Owner or the �� Architcct/En�inecr, after due i.nvcsti�ation, ]las �reasonable objeetian to any suclY proposed person ar entity. Failure of tl�e Owner or Arcllitect/Engineer to reply pro�nptly shall constitute notice of no reasonable objectian. (b} The Cantractor shall not cos�tract with a proposed person or entity to whom the Owner or Architect/Engineer has made reasonable and tin7cly objection. (c) Architeet/Engineer's and�Owner's approval afor ohjection to any Subcontractor or of a��articular process ar material will not rclieve the Contractor of his responsibility for performance of Work as call�d for under the Contract Docutnents, and shall iiot pro�vide R basis �for any elaim for additional time or money an the part of thc Contractor. Approval shall nat be con.strued to creare atiy coiitractual relationship between the StJbcantractar and either the Owner or ArchitectlEngi�eer. In no event whall the Contract Sum be inereased as a result ofthe rejection af any Subcontraetor. � (d) Thc Contractor shall nat chan�e a Subcontractor previousiy�selected if the Owi�er pr Architect/Engineer �nakes reasonaUle �bjectiun tc� sucl� change. 5.3 SUBCpNTRACTUAL REI,A'I'IONS � � (a) By appropriate agreement, written where le�;ally.required far validity, the Contractor shall require each Subcontractor, to the extent af thc Work tc� Ue �erforn�ed by the Subco��tractor, to he bound to the Contractor by the tern�s ofthe'Contract Documents (including but not limited to theseGeneral Conditio»s), and to assume to��ard thc Contractor all the �bligations ancl responsibilities which the Contractor, by tlie Contract Documents, assuines toward the Owner and the Architect/Engineer.��Each subcc�ntract��agreenieiltsl�all preserve and:protect�tl�e��rigllts of the Owner and the ArchitecUEngrneer ��unaer the Contract Documents (ineluding bat �not Iimited �� to tliese General Conditions) with �respect �to the ��Work to �be perfo�ned by the� �Subcontraetor so that subcontracting'will not prejudice the rights oftlie Owner and the Architect/Engineer. Where appropriate, the Contractar shali requirc each Subc�ntractor to entei• into siinilar agreements with Sub-subcontractors. The Contractar sliall make available to each pmposed'Subcontractor, prior to thc execution ofthe subwntract a�rc:ement, wpies ofthe Cantract Documents ko which the Subcontractpr is to be l�ound. Subcontractars shall similarly make copies of applieable portions of such Docwnents available to their respective proposed Sub-subcc�ntraciors. (M) The Cantractor is solely responsible tor makii�g payments praperly to the Contractor's Subcantractors on the Project. l�uring perfonnance ofthe Work, the Contractor sl�all cotnply with tlle following additional rules regarding Subcanlractor payments: (1) The Contractor shal] �submit, be�inn,ing with the 5econd��Application and �Gert�ificate��for Paytnent, a Subcc�ntractar Payment Report (the "Report") witll each Application and Certificate far Pay�nent, along witli partial waivers of liens for aI1 Work included. in tlle application for payment. The Repe7rt shall sha�v all payments made to date by t�le Contractor (plus existing retainage) to each Subcontractor involved in the Project. The:Report shall be njade on a torm approved and supplied by tlie Owner. Pay applications will not be reviewed or certified by the Architect ta t�ie Owner witllout accompanying pactial lien ti�aivers after the first� C'ertificate for payment. With each Application for �PaymenP, the Contracior shall certify that therc are no mechanics' or materialmen's Liens outstanding at the date oftlie A}��lication #or Pyament, and that all bills due with respect to the Work have beeiipaid to date,�and that there �is no �known basis for filin� a� ai�y��iiet�s�abainst tlre �Stxrety or tlie �wner in ec�nnection with the W«rk.�U�oi� cc�m�letion by the�ContXactor��ofthe wnstruction ofthe project, but prior to final paymcnt to the Gonfractor, the Contractor sl�atl dclivcr to t}�c Owner conditional releases of al] liens, which sha[1 identify the remaining sums to be paid pending receipt of fnal pa}nneitt. The conditional releases of liens, upon final payinent by the O�vner, shall rlease the O��i�er ofall liens,� and of ali rights to �claim�any�lieit, fro�n all �manufacturers, material-men, and subcontractors furnishing services or materials for the project, to the � elfect that all materials or services used cm r�r for the pmject have been paid for and indicating ehat the �wer is relettsecl �from all such claims. As an altemative to the Report,�the Gantractor may furnish Affidavits of Payment Received with the Applicatiari and Certificate for Payment, which affidavits shall bc executc:d by each Subcantractar owed tnoney and paid durin�.the previous�pra�ress payment period�for work�ormaterials fui7�ished on the�Project. R�C�IPT BY THE�OWhIER OF THE R�EPORT OR AFFIDAVITS OF PAYMENT RECEIVED SHALL BE A CONDITION PREGEDENT �TO PAYMENT ON ANY APPLIC�ATION. � Providcd tl�at tlze Owner l�as been nc�ti4iecl hy writtcn correspondence (a licn notice) fi-om any manufacturer, material-inen, or subcontraclor furnishinb services or matcrials for the project that an outstandin� debt is owed, the Otvner shall ensure that the Contractor is notified of such notice withi,i� ten ��(10) days of reccipt of suc:h notici:. �?he �Contractor��shall ��eiisure that �resolution has been achieverl for� eacl� �written noticc f leti witl� tl�e��Owner,� and providc��sufficient written docuinentation to the Owner that payment has been renderecl, or a resolution has been'acliieved tl�at is satisfactory ta lhe O��ner. (2) lf, foi• any reason, the Contractor is witlihold'u1g ��ayment to a Subcontractor due t� a dispute or ather problem with perfor�nance, tlie Contractor s11all note tl�c amoant witl�lield and that payment is in dispute. The �wner may require the Contractor;to document and verify the dispute or ather pmblem in question. (3) The Owner reserves the ri�ht in its sole discretiaii, ta withhold paymetit to the Contractor pursuant to ,f'aragraph 9.5(a) of the General Conditions, should it a�pear'frotn theRepart, �� statements ofpayment received ar other ir�tormat�on�furnished to the`�wner tl�at: (i) the Report;�has �not been properly completed; (ii) the Contractor has knowin�;ly provided false infarmation regarding payment of any Subcc�ntractor; or (iii) the Contrac,�tor has atherwise failed to<inake payments properly to any Subcontractor„ , � .. �. � . � �., l 1► • � ! ' � 1 � • . , • " !, . . � /' �. �� R � �: / � � .. i � ' I' . / R: ;� '. �� i '. � � / � �' ,. f.� . r .. ,��. :. : � �. ' f ��. r . :� �, i r . ... �: ' :�� ' � � ' '. � . �� ' �� . � :� i � �� i �� ., � .. : S ►' . ,�: �.. '�.. � .. � ��. . . , �' .... � . � .: . ', ` � i. .: ��: . � '.. � i�. � �'... '�, � � �� '; �� , � � � f � ., .� '. � :�. i ',, : S ;��, i � � � � 5.4 CONTING�I`�T ASSICNMENT Or SUBCONTRACTS ln�the event ofa tennination ofthis Contract by tlie Owner under�Article 14,�the C'ontractQr shall, if requested in writing by the O�vner, witl�in t3fteen (15) days after the date notice of tertnination is sent, deliver and assibn to Owner, or any �erse�n or entity acting on the Owner's behalf,,any or all subcontracts made by t:ontractor in the performar�ce ofthe Work,�and deliver to the Owner true and � correct originals and copies of the subcontract documer�ts. In the event assignment is not requested by tl�e Owner,`Contractor shall tenninate all subcontracts to the extent that Owner has noi directed assignmcnt oFsamc and to the extent that tiYey relatc to the performance of Work tenninatecl by the notice of temlination. � � � , � , � ' � t, � ' '• "• # "• '- , � � . �. �, .; � � . . � • (a) Tlie Otivner resen�es the rigltt ta pertor�n constr-uction or operatians'related to the Project with #he Owner's owzi fiorces,��ancf to a�vard s�parate �contracts in conneciion with other�p�rtic�ns ofthe � Project �ar otlier const�ruction or operations on��thc�Projcct site ui�der��Conditions of�the Contract �� identieal,or �su6stantially similar tc� ttie�� General Go�adition��including tho�e��prtic�ns relpt�d to �� insurance and�waiver of�subrogation.�ICthe Gor�tracfor�clauns tl�at delay or�aciditioiial cost is� � involved because of such action by tl�e Owner, the C'oiitractor shall make a claim as provided clsewhere in and in accordance wit11 the Contract Documents. (b) When separatc cc�ntracts are,a�varded for different portions of the Project or c�ther construction or operatioils on tl�c Project site, the terrn "Contractor" in the C�ntract Documents in each case �sha�l mean t11e Contraclo�r wl�o executes each�separale'Building Canstn.iclion�Sezvices � Agreement «it17 lhe Owner. (c) � The Owtrer shall provide for coordittat'ro�i of ttYe activities of the Otvner's own �faxces ��r►d of each� separate contractor with the Work of the Contractar, who shall caoperate with'them. The Contractar shall participatc with ather separate contractors and tlie Owner in reviewing their construction schedules tvhen directed'to do so. T1ie.Contractor shall, with thc approval of the Owner, makc aiay revisions to the c�nstruction schetiule deemerl necessary after a joint review and ynutual abreeme��t. The co��struction schedules�st►all then constit�te tlie schedules to be used� by the Contractor, separate contractors, andthe O��ner until subsec�uently revised by mutual agreemcnt� or hy�written Change Order, lf the�Contractor helieves it is entitled to �an adjusttr�ent �f the Contract Sum under the circumstances, the Car�tractor shall submit ;a written proposal for a Change Order pursuanl ta Article 7 of the General Conditions. ln;the event the Contractor's �� Change Order proposal is denied by the Owner,� tlie Contractor�must submit�any Claim pUrsuant �� t� Para�;raph 4.3 of the General C�nditions. (d) Unless oilienvise provi�led i,l the Contract Documents, when the Owner performs constructiari or operations related to tl�e Project with the Owner's o�vn #orces, the O��ner shall be deemed to b� subject io the same obli�ations and to have the same riglits which apply t� the Gontractar under these�General Cvnditions, �including, wid7ouf excluding others, those statet� i,n Article 3, this Article 6, and Articles lO, l l and 12. � ' • . (a} Tlie Contractor sha311 afford the Owner and se�arate u�ntracic�rs` reasonable oppartunity tor access to and st�rage oftlleir�materials�ai�d equipmcnk and �he performance c�ftheir�activifies�an�i shall coordinate the Contraetor's eonstruction�a��d operations��vit��the��separate coiitractors as required by the Contract Documents. �� (b) Ifpart ofthe Contractor's Work depends farpropei- execution or results upon canstruction or operations by the Owner ar a separate contractor,.the ContractUr sl�all, prior to proceeding with that portion of�the Wqrh, promptly�report to�tE�e Archi#ect/Engineer apparent discrepancies �r � defects in�the other construction that �vc�uld rendcr it unsuitable�far proper eXecution and results. Pailure ofthe Gontractor to so report shall constitute an acknowledginent that the Owi�er's or separate coiilT•actors com�letcd or partially eomj�lcted construction is fit attd proper to reeeive the C.ontractor s Work, except �s to defects not.then reasat�ab�y discoverab.le. (c) The Owncr slial] not be liaUlc: to tlie Contractor for damages suffered by thc Contractor due to the fault or ncgli�enc� of a se�arat� a�ntractor� or��through failure ��f a�separai� contracior• t� carry ont th� directions of the� Owner or the Architect/Cn�ineer. Sllould any �interterencc occur bet�veen the Gontractar ai�ci a scp��rate co►�tractor, the ArchitectlEn�;ineer or thc Owiier may furnisii the Contractor wit}7 written instructions desi�nating priority of cffort or chan�e in methods, whereupon the Contractor,sl�all iynmediately comply with suclt du�ection. ln such event, the Contractor shal] be entitled to an exte�lsion ofthe Coi�tract�Time only��for unavoidab(e��delays verificci by the Architect/Engineer; na rnerease in the Cantract Su�n, howcver, shall be ciue to the Contracror. (d) The Cantractor shail Promptly remeciy dama�;e wrongfully caused by the Contractor to campleteci or partially campleted c;onstruction c�r to praperty af the (awner or separate cc�ntractc�rs a.5 provided in Subparagraph l U.2(e). (e) Shauld tflc Cc�ntraclor c;ause d�mage tc� the work o'• prnperty (�f any separate c+�ntradar on the Project, the Contractor shall, upan due notice, settle with the separate contractor by agreement, if the separate contractor will so;settle. If the separate contraetor sues the O�vner or submits a claim on acc�unt of any damage alle�ed to have l�eett sb sustained, the Owner shal} notify the Contractor who shall defend such prc�ceedings, at the Contraclor's expense, and if any judgrrrent or award a�ainst the Owner arises fram the separate contractar's claim, the Contraetor shall pay or;satisiy it and shall reimburse the O�vner for all attorney's fees and c:osts which the Owner has incurre�i. (f) The Owtier atid each separate contractor shall have the sasnc respc�nsibilities for cutting and patching as arc describcd for thc Contractor in Para�raph 3.14. G.3 OWNER'S RIGHT TO CLEAN UP Ifa dispute arises amon� the Contractor, separate contrad�rs and the ��vner as t� the responsihility under#heir res�ective contracts formaintaininb'the Praject site and surrounding area free from waste �naterials and rubbish as described in Para�-apl� 3.15, tlie Owner may clean up and'aliaeate the cc�st among tliose responsiUle as thc Architect/Engiiieer recocnrnends lo be just. {a) :A Chan�e Ordec� is a writt�n order to tlie Cantractor, signed by tl�e Ov��ner and the Architect/Er�biiieer, issuul after execution of�the Contraet,� authc�rizing �a el�au�ge in the � Work, an adjustinent ii1 the Contract Sum, or an acijusttnent to the Contract Tirne, consistent with otl�er applicable provisions ofthis Contract. The Owner, ��rithout invalidating the Contract and without requiring notice of �ny kind ta the sureties, may-order changes to tlie scope af Work vnder the Cantract by additions, deletions, ar ottier revisions, tite Gontract Sum and Cantract Timc to be adjustecl consiste«t with other applicable provisions ofthis Contract. Ali Change Orders sliall be executed on a Change Order form approved by thc Owner and the Owner's Gity Attorney. (b) In��addilipn to tl1c: Owner and tl�e /�rchitect/Eng�neer,��the C.ontractor shall sign all Change Orders�� to verify ancl confirm the tenns and conditic�ns �.titahlished by Change Order; however, should the Contractar refuse to sign a Change Order, this s�iall not relieve liiin ofhis obligatian ta perfo�•m the chan�;e directe�i by the (��vner and tlie Archilect/Engineer to tlie best of his ability ii1 accordance with the provisions af this Article 7. A Gliange Order signed by the Contraetor indicatcs l�is agreement with all oftlie changes appr��ved, includi�ig tl�e adjustment in�the C'ontract Su�n or the Gonh�act Time. EACH CHANGE��ORDER�SHALL BE SPECTFIC��AND FINAL ��S TO PRICES��AND �CXTEN�SLUNS �OF T1ME, ��VITH NO RESER�1AT10NS �OR OTHE�R PRO�tISIONS�ALLOWING �FOR FUTURE �ADDITIONAL� iw10NEY OR TIMC-�A5 A RESULT OF THE PAF�TICULAR CHANGES TDENTIFIED AND FULLY CONlI'CNSATED IN THE CHATVGE QRDER. The execution o�a ('hange Order by the Contractor shall canstitute conclusive evidence of the Cantractor's agreement to the ordered changes in ifie Work. The C��ltractar farever releases any cl�irr► against the O�i�ner for additio»al time or compensation for matters rclating to or arising out of og• resulting fram the Wo�-k included withi,t or affected by tlie cxecuted Cl]ange Order.'This release ap�lics to claiins rclated to tlse cumulalive impact af all Ghange Orders and�to�any elaiin��relate.d to the effect of�a change an othcr Woi•k. (c) N� extra work (except under etnergency conditions) or changes shall be made nor shall any substitutions, changes or adciitions to or omissions or deviations fiotn the requirements of the Drawings and Spec�ficatians be made uniess pursuant to a written Ghange Order signed by'the Owner�and the Architect/Engineer, �it�being �er:pressly understood that the Owner shall.not be liablc for thc c�st ofe�ctra work or any substitution, change,`addition, amission or deviation fram the requirements of the Drawings or 5pecifications unless the same shall have bcen authorized in writin�; by the O��Jner and the Arciiitcet/Engineer in `a written change order ar other Amendment. ThG provisions of this Paragraph 7. i shall control in tl�c event of any inconsistency between such prnvisions and tlte other provisions ofthis Article 7. See Subparagraplt 10.3(a} of th�; General Conditions tor Chan�e Ordersunder cmei•�,eney cc�nditians. (d) The methad af determining tlie cost or credit to the Owner for any change in the Work shall be one ofthe f�llawing: (1) tnutual acceptance of a�uaranteed maxiinum price amaunt properly itemized and supported by suf�lcient substantiatin�; data to permit evaluation; (2) �unit prices stated in fhe Contract Documents or subsequently agreed upon; (3) cost to be detenr►ined ii� a manner agreed upon�by the parties and a mutually acceptable ��xed or percentabe fee; or (4} the force ac�unt metllod pravided in Subparagraph 7.1(e) (e) If thc parties cannot agree to ane c�f the methads of calcuIating cast provided in Clauses (d} (1), (d) (2), or (d) (3), or if th� pai-ties �gree to a method�b��t carulot agree to a final dollar figure, or if thc Contractc�r for whatevcr reason rcfuses tc� sibn,the Change Order in question, the Conlractor, prc�vided he receives a written order signed by tlie'O«�t�er, shall pi•omptly proceed with the Work invalved, The cost af the Work involved shall then be calculated on the Uasis of the rcasonable jobsitc expenditures and �savings of those perforniing the �Work �attributablc to the changes, including a reasonable allowance for overhead and profit, such allowance in 3ny case nevcr to exceed 15°/a �n such case, the Cantractor si��ll keep an iter�lized accountinb of the Work � im�olvc�, on a ciaily l�asis, in such #orm ai�d ulith the appropriate supporting data as tl�e Architect/Enbineer and O�vner �may prescrihe. Ssvom copies oithe itemized accauntinb shall be delivered to tlie Architect/Engineer cach day durii�g tl�e performance of� farce account work, with copics to the Ov�mer. FAILURF. OF THE CONTRACTOR TO SUBMtT THE SWORN-TO 1TEMIZED ACC'OUNTI`NG DAILY AS �RECIUIRLD 1-I�R�1N S�IAL�L CONST�TUTG A WAIVGR BY THE CONTRACTOR OF ANY RIGHT' TO DISPUZ'E THE OWNER'S DETE INATiON C)F THE AMOUNT DUE THE CONTIUICTOR FOR FORCE ACCOUNT WORK. Costs to be char�ed under this Subparagraph for l�orce accaunt �ti�ork are limiteci to tlie following: (]) costs of lab�r, �� includiiig sncial security, � old age and ��unemployrnent �insuzance, 'fringe bet�efts required by agree��ent or custam, and workers compensation insurance; (2) costs ofmaterials, supplies and cyuipment {but not to includc off-sikc stara�e unless approved in writing by thc Owiter), evhether incorporated or consumed; {3} rental costs o�machinery and equ;pment, exclusivc of hand tools, �xrhether rented from the Contractor or others; (4) casts of premiums for ali bands and insurance relateci to the Wark; and .r� . � � � , � � •' . � . .. . � � � � � � � � • �. � . � � • � - . . r � -� � . . , - - ,:. • . _ � i [ (� The amount ofcredit to be allowed to the Gumer for a��y deletion of Work or any other change �vhich results in a net decrease of the Contract Sum shall be the amount of actual net ctist confirmed by the Architect/Engineer pius the stated percentage tc�r overhead and prafit. When both additions and deletions ar creciits coveringrelated Vi/ork or substitutians are involved in ar�y ane chan�;e, the allowance fnr ove.rhead and profit sl�all be fi�ur�1 an the basis of the net increase or �decrease ��rith respect to�� that�change. 7.2 SUPPLEMENTAL AGREEMENTS A writteu Supplemental A�;reement can alsa be used to implerner�t changes in the Work ulstead af a Change Order fonn, includ�g but not limiteci to situati�ns involving partial occupancy of the Wark under Paragraph 9.8, a change made to the';Dra��rings or tlie Speciftcations without an increase in the Cantract Sum, ar special circumstanees where it is necessary or more appropriate far the Owner to use a Supplem�ntal Agreemcnt. Written Supplemental Agreernents shall l�a�e a status equal to that of Chai�ge Ordcrs for purposes of priority of Contract Dacuinents interpretation, except that to the exte��t of a conflict, later Supplemental Agreements in time control over earlier Supplemental Agreeinents, and the latest Ghange Order or Supplemental A�;reemeni in time controls over earlier dated Change �rders and Su�plemental �A�reements. The rules af Subparagz'aphs 7.1(b) Lhrougt� ( fl shall alsa apply tn the negotiation and execution af Supplen3ental Agreements. 7.3 MINOR GNANG�S IN THE WOI�K � The Architect/Enbineer, after notifying the Owner, shail be autharized to order rninor changes in the Wark not involving an adjustment in tlte Contract Swn or an extensian ofthe Contract Time and not inconsistent with the intent of the Gontract Dacuments. Minor changes shall be cffectecl by written t�rder, and shall be binding an the Owner and the Gontractor. The Contractor shall carry oUt sucl� written orders promptly. These written arders shall not bc deemed to cliangc or impact the Contract Sum or the Ca��tract Time. Contractor 5ha11 have nc� Claim for any minor changc� ordered to the Work under this Paragraph 7.3 unless tlie Contractor submits its changc proposal, prior�to coYnpiying witl� lhe minor change order�d and in no evr,nk later lhvi tcn (10) w�rking days fram the date the minor change was ordered, tc� the Owner tor approv�L � � � 7.4 TIME�REQUIRED TO P�R�C:CSS �AMCNDMCN'I'S � � �� (a} All af the Contractar's respo�ises to pro��sal requests shall be accornpaniecl by a cc�mplete, iteynizcd brcakdowii of costs. Responses to praposal requests shall be subrnitted sufficiently in adv�tnce of t1�e„requirecl work to alla�� t}le O��ne�- an� the Architect/Enginecr a ininimum of tlairty (30� calcndar days after reccipt�by tl�e�ArchitectlEngineer�io review tfie��itet�ized breakdowal and to;prepare or distribute additio�al documents as may be necessary. Alt ofthe C��t�•actor`s responses to proposal requests shall ii�cludc a statement that the cost described ui � the �response represents �the completc, total ��and tinaLcost and additional �-Contract Time �tssociated ��vith the cxtr� work, chanige, addition to, omissian, deviatiori, suUstitution, or other �rounds far seeking extra compensatian under the Cantract Documents, without reserv�tion or further recourse. (b} All Amendments require ap�ro�al by either the City Cauncil or, where auth�rized by the state law and City ordinance, by the City Manager pursuant to Administrative Action. The approvaI �rocess requires a minimum of forty-five (45) calendar days after submission to the O�vner in final fonn with ajl supporting ciata. Receipt of a submission lay Owner does not constitute acceptance or approval of a proposal, nor dc�es it coiastitute a warra�tty tliat the proposal will be authari�ed by City�Council Resolution ��or Admir�istrative Action. THC�TIML� REQUIRED �FOR THEAPPROVAL PROCESS SHALL NOT BE CONSIDERED A DELAY AND NO EXTENSIONS TO THE CONTRACT T1ME 4R INCREASE IN THE CONTRACT SUM W1LL B� CONSID�RED OR GRANTED AS A RESULT OF TH]S PROCCSS. Pending thc apProval described abave, the Gontractor �vill proceed with the work under a pending Amendment<only if directed in wrilin�; by the C)wner. , � : � r . ; 1 � i►fll:li ClS►�.'� (a) U'tless otherwise provided, the Cc�ntract Ti'Y�e is the period of tune, includ'u�� authorizcxi adjustments, allotted in the Cantract Docu�nents for Substantial Campletion af the Worl:, (b) The date of cominencement oi'the Wark ��is tl�e date establisltied �i,n�il�e notice to pmceed from the Owncr. The date of commencement shall not bc;postponed by the failure of thc Contractor, or of ��crsans c�r entities for wl�om tlle Contractor is responsible to act promptly to cominence the Work.�If the Ovvner ui�reasonably delays the issuance o�the��otiEe�to prc�ceed throu�h no fault of the Go�ltractor, the Contractor�shall be entiticd only to an equitable extensi�n of tlie �Gontract Tit�1e; the Coi7tract Sum shall�remain ur�cl-�anged. {c) The date of Substantial �Completion �is the�date certitied by the Architect/Engineec in accc7rdance �vith Parabrapl� 9.7. (d) The tenn "day" as used in the Cant'-act I�ocuments s1�a11 mean a calendar day, beginning and e�lding at 12:OQ midnight, unless athenh�i5e specifically defined<by special provision. ,, �. � 1 � 1 , (a} Ti�ne limits stated in thc Contract Documcnts arc of thc csscnce of the Contract. By executing t}�c BuildingC'onstruction Services A�;reelnent, the Contractar confinns tliat the Contract Tirne is a��caso�lable period for perfonnins the Work. �� (b) TIYe Contractor�shalJ �»ot �knowin�;]y, exce;pt �l�y agreeinent ��vith or� i.ilstructioti c� f the Owner in �� writing, prematurely coniinence aperalians on the Project site or elsewhere prior to the effective date'�of insurance to be �furnished� by �tlie Contractor �as required�by Article l�.L Thc date of �� commencement ofthe Work sllall not be changed by the effective date of insurance required by Article i l . (e} Liquidate�l Da�nages. The Contractor shall praceed 'expeditiously with;adequate forces, materials, and equipment, and'shall achieve Substa�rtial'Completion within the Contract Time. If the C'ontractc�r fails or retuses to carnplete the Work within tlae Contract Time as specitied in the Bid Pr�pc�sal t'orn�, the Building Construction Services Agreement, or in any proper.extension of the Contract Time;granted by the Owner, then the Contractor agrees, as a part of the consideratian for the awarding aftl�e Contract, to pay to the Owner the arnount of liquidaled c�amages {hereinafter called the "Stipulated Amount") as stipulated in the Bid Proposal form and the Building Construc;tion Sen✓ices Agreement for eacl] calendar day that the Contractor has nat Substantially Completed the Work after the expiratian ofthe Gontract Time provided. The Stipulated Arnount is not to be considerc� as a penalty, but shall be deemed, taken, or treated as reasanable liquidated dama�es, fixc>d and agreed upou by a�td between the Contractor;and the Owner because ofthe impracticality and extreme difticulty of fixing and ascertaining the actual damages the E�wner would sustain in the event �fthe Contractor's late compieti�n ofthe Project, and tlte stipulatecl;amaut;t is agreed tcr be die daily amount afdarnages thai the Owner wauld sustain. The Stipulatc� Amount, as it a�crues, will be retained from any pc�rtion ofthe Contract Sum due or that may beaome due to the Contractor. li� the event the partion of the Contract Sum retaineci by the Owner is insuffici�ntdv rccover the Stipulated Amount, tl�tcn fihe C.ontractor ar the Contracior's Surety shall pay to the Owner any additional liyuidated dama�es due-that are in excess af the funds remaining unpaid in the Contract Surn. The Owner shail be the sole judge as to whether or not the Work has been Substantially Completed within the calendar ciays allotted, rvhich shall.include the original Gantract Titne and any proper extension of the Contract Time granted in writing by thc Owner. Should the Contracl��r dispute the Owner's determination c�f liquidatet� darnages due, he�we�.�er, �r should the Cantractor, or the Gantractor's abcnts or a5si�ns, institute any legal action ag�inst the Owner to enfo�-ce rights under-the Contract Documents, then tl�is SuU��aragraph 8.2(c} shall not Ue construed tc, prcvent the Ou�ner from seeking full recavery for any and all actual damages suffereci by the Ot��ner and attributable to the Contractar, as an altemative to all liquidated damages due. 8.3 ELAYS AN EXTENSI NS OF Tl E (a) If tl�e Cantractor is delayed at any tirne in tl�c pragress af the Work by an act or negicct of tlle Owner or Arcl�itect/Engineer, ar of �n emplayee of either, or of a se�a�-ate contractar emplc�yed by the Owner, or by changes ordcreci in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or otlter causes bcyond the Cantractor's control, pr by �ielay authorized hy the�Oti�vner pending a claim, or by ather causes whicli theArchitect/En�ineer � detcrmines may justily�delay, then the ContracE Time shall be�extended �y Ghange�Order for � such reasonable time as�the Architect/Engiiieer�artd Owner may det�r�t�ine.�� (b) Claims relatin� to Contract Timc and tirnc extensions shall be made in accardance with the applicable provisioiis of Paragraph 4,3. � � s • �, ! . � , � • • ! •" t• � ! � • �' � ; _ � • • � ! ' • # ' �HALL NOT BE ENTITLED TO CLAIM OR RECCIVE ANY ADDITIONAL COMPENSATION AS A RESULT CF OR ARISING 0UT OF ANY DELAY, HINDRANCE, DISRUPTION, F(7RCE MAJEURE, IMPACT, OR INTERFERENCE,'INTENTIONAL OR ' UNINTFNTIONAL, FORESEEN OR UNF�RESEEN. WHICH INCREASES THE TIME TQ C4MPLETE THE WORK, INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED 1N WHOLE OR IN PART BY THE ACTS, OMISSIONS, FAILURES, NEGLIGENC'E, OR FAULT QF TH� OWNER, THE AF�CHITECT/�NGINEER, OR THE OWNER'S REi'RCSENTATIVE, AN EXTENSTON UF THE CONTRACT TIME UNDER SUBPARAGRAPH 8.3(a) BEING THL CONTRACTQR'S SOLE REMEDY. (d) The Owner shal] have tlie right to occupy, without prejudice to the rigl�t af cither party, any completed or largely cc�mpleted portions afthe structurc ar Work, notwithstanding the fact ihat the Contract Tinle for com�feting all or a portion afthc Wark may not have cxpircd. Partial occupancy and use shall not be dcemed as an acceptance of the Work taken or used. (e) The Contractor sha13 prom}�tly suspend the Work �vhen either the Contractor or the Osvner is ordere� ta do so by a court arder from a court having lawful jurisdiction, and the Cantractor will n�t <be entitled ta additional c�mpensatinn by virtue of arty delays resulting `from the court order. ��Ttte��Cc�ntractor will�also not�bc liable to tlle Owner��fc�r�a delay �caused in �f�ct by tlic Wor� being suspended by a cc�urt order. (fl TheArcl7itect/Enauteer, with the caiisent oi'ihe Ow'ner, shall havc'the autharity to suspend the Work, in w�ltale vr in part, far sucli period or periods as the Architect/Engineer dee'ns necessary due ta unusual or severe weather canditions as are considered unfavorable for the suitable prosecution oftt�e Work, �r due t� failure on the part of the Contractor to correct canditians considered unsafe for workmen or the general public. If it should became necessary to stop the Work for an indefinite periad, the Contractar shall store all materials in such a manner that tfiey will not obstruct ar i�npede the public unnecessarily or Mecome damaged in arly way, and shall take every �recaution to prevent damage or deteric�ralion af the Wprk �erformed. ln cases of suspension of tl�e Work under this Subparagraph, the Contractor shall alsa pravide suitable draina�e about the Wark and erect temporary structures where neeessary. The Contractor shall �not suspend the Work in whole ar in �art without written arathority from�,the �Archit.ect/Engineer � or lhe Owner, and shall resume the Work promptly when natified by the Architect/Engineer or the Owner to resume operations. (g) I�i the event ofa delay�that �is the responsibility ofthe Contractor or�any oithe Subcontractors, for wliich tlic Contractor is �yot entitled to a time cxtension under the provisirnls of this Contract, the Owner may direct that the Work be accelcrated by ineans of avertiine, additic�nal crews or additional sl�ifts, or resequencing. This acceleration shall be at no cost to tl�e C7wner and �vill cantinue until the Contract Time is restored_ In the event ofa delay for which the Contractor is entitleci to a time extension, as datermined by Yhe Architect/Engi�lcer, Owner �nay similarly di.rect acceler•ation and the Cnntr�ctor agrees ta perEorm same an the basis that the Contractor �will be reimburs,ed anly to �the extent clescribed in Subparagraph 4.3(i). THE CONTRACTOR EXPRESSLY WAIVES ANY OTHER COMPENSATION RESULTING'FROM ACCELERATI�N, SUCH AS LOSS OF LA�BOR Pi�ODUCTIVITY OR�EFFIGIENCY. ,. ,,., � � ;� �� ■. The Contract Sum is stated in the Building C�nstruction ServiEes A�reement and, includin�; �� authorized adjustments, is khe tatal amount of conipeiisation payable l�y the Owner to the Cantraetor for the perfarma�ice ofthe Vi/ork under the Co��tract Documents. 9.2 SCHEDULE Or VALUES Befare the first Application for Payment, tlie Contractor shall subn�it to lhe Archit�ct/Engineer a scl�edule af values allocaied to various }�oriians of the Work, prepared in such fonn and supporte�l by sucll c�ata to� suUstantiate ��its accuracy �as tlie Architect/Engi�ieer� may �require. This schedule, when � approved by t��.e Architect/Engineer and tt�e Owner, shall be used as a basis for tlte Contractor's Applicati�n far Payment. The scliedule of values shal] f�ll�w the trade division af the Specifications. " Contractor`s Ap�lication forPayment shall be �rled an the current version ofAlA Form G702 (Application and Certificate for Payment), as approvcri by tlie Owner. R � � �; . . , (a) At least ten (10) days befare the date estahlishec# for each progess payment, the Contractor shall ' submit to the Architect/Engineer an itemized Application for Payrnent far Work coinpleted in accordance with the schedule af values. The Applicati�n shall be notarizecl, if requireci, and supported by data substantiating the Contractor's ri�ht.to payment as tlie Owner�c�r � Architect/En�ineer may requirc, including`but not limited to copics afrequisitions fron� Subcontractois and material suppliers, and reflecting the applicable retainage as required in the Contract Documents. C'antractor's Application for Payment shall also provide other supporting documentation as the Owner or the other applicable prc►visions of tlie Contract Documents inay require. (b} Ap�lications tor Pa}n�rent may not include reyuests tor payment afannounts the C'antractor does not intend to pay to a Subcontractor �bccause �of a good faith dispute, unless tlxe�C.ontractor complies with Clause 5.3(b) (2} of these General Gonditions and the Contractor's Pay�nent $ond Surety conseuts in writing to paynie�lt to tl�e Contractor af the fiands deemed to be in dispute. (c) Unless otherwise provided in the Contract Documents, progress payments shali include payment tor;materials and equiprnent deli��ered and suitably storcd at thc Project site'fc�rsubsequent incnrpc�ration into the Work within tlliriy (30) days after delivery to tl�e Project site. If approved in advance by tT�c Owner, paymcnt may similarly bc made for materials and c�uipmeiit suitably stored away from the Project site at a location agreed upon in writin�. Payn�ent for costs uicurred in starage of materials or equipment away frc�m the Praject site will NOT be made by O�vner unless: (1) the Owner has given prior approval of such oii�site stc�rage in writinb; (2) tl�c rnatcrials or equipmcnt are stc�red in a bonded warehouse lcscated in De'ltan County and identificd �vith tlie Project for which they'aze storod, as evidenced by warehouse rcceipis and appra}�riate dacuments af title; �nd (3) t�ie n�aterials or eyaipmeilt stored off-site wiIl be incorporated into�the��VVork wi�hu� thirty (30) days after delivery. STORAGE IN FACILITIES OF THE MAN�UFACT�UR�E�R OR THE CONTRACTOR WILL NOT BE �PERMITTED OR PAID FOR,� UNLESS�THE OWNETt HAS EXPRFSSLY G1VEN PRIQR APl'ROVAL OF SUCH STORAGE IN WRITING. (d} T}�e Co��tractor �varrants that title to �ll Work covered by an Applicatiori f�r �Payment will pass to the Owner no later than the time c>f��payment. Ttie Contractor further wa�rai�ts tllat upou subinittal af an Apnlication for Payrtient all Work f�r �i�hich Certificates fbr Fayment Ilave been previously issued and payments Y-eceived `fromthe Ownc;r shall bc free and cicar of iicns, Clail]]S,' SCClIl'ltj� interests or encumbrances in favor of tlie Cantractor, Subcontractors, material suppliers, or other persons or entities anaking a claim hy reason �f itavi�zg provided laUor, matcrials, and equipment relating to the W�rk. (e) All �naterials or��equipment�delivercd to�t�ze Project site earlier Yhan�thirty (30) days prior to an appre�ver� scl7edule for delivery tc� tC3e Pr�ject site shall be classified as a�� "early delivery." All early delivery �naterials or equipment� rnuyi��have the express written��pennission of the (7wner to be stored on the Project site. Ifany unauthorized early delivery c�ccurs, Contractor shall, at ; Contractor's expense or at the expense of the responsible Subcontractar or Supplier, cavse such early delivery ta be removed from the Project site and stored aff-site until required at the "Project site. All costs of labor, transportation and storage will be included as part of the expense. If the C�ntr�ctor fails or refuses to remove unauthorized early delivery materials, the Owner may cause such materials to be removed at the Contractc�r's sole expense, and amounts may be withheld frc,m the Contractor's Application for Payment tc� reimburse'the Owner for any costs incurred in removing unauthorized early deliverymaterials. OWNER WILL i�iOT BE .RLSPONSIBLE FOR THE PROTECTION OF OR RISK OF LOSS ON ANY'EARLY DELIVERY MATERIALS OR EQUIPMENT, NOR WILL OWNER BE LIABLE FOR ANY PA�`MENT FOR THE EARLY DELIVERY MATERIALS OR EQUIPMENT. Any materials or equipment classified as early deliv�ry will nol be approved for payment as starecl materials prior to thirty (30) days before the incorporation ofthe �nateria]s��or�equipment'�itito the Wqric, unless storage and payn�eni at an earlier date is expressly approved in writing by the Owner. ( fl If the Contract Su�n is equal to or less than $25,400.00 and performance and payment bonds are not furnished by the Contractor, nc► payment applied fc�r:will'be payable uncier the Contract'until the Work has beeii Finally Campleted and accepted. 9.4 CE TIFICATES FO PAY ENT �� (a) The Architect/Engineer w�ill, ,within teii (10} days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Cantraclor, for such amaunt as the Architect/Engineer cietem�ines is praperly due, or notify tlie Conir�ctor and Owner in writin� afthe Architect/Engineer's reasans far �vithholding certification in whole or in part a.s provided in (a) City af L�enton General Conditions ior Buildin� Construction. �(b) Subparagraph 9.5(a). The Gertiiicatc for Payment��shall be �issue�i on the curre.nt version of AIA Torm�G7U2 (Application and Certificate for Pay�nent) as appz�oved by the Owner. (c) The issuance nf a Certificate for Payrnent will constitute a representation by tl�e Architect/Enbineer to tl�e Qcvner, based an tlie Architect/Engineer's observations at the site and the data a�mprising fhe Application for Payment, that the Work has progressed to the poiut indicated and that, ta tlie best of tl�e Architect/Engineer's knowledge, inforrnation and belie% quality of the Work is in accordance witlt the Contraet Documents. The foregoing ; representations are subject to an evaluatian of the Work for conforrn�nce with the Contract Docucnents upon SuUstantial and Final Completion, to results of subsequent tests and itispectians, ia minor deviatians from the Cc�ntract Docuinei�ts correctable prior to Final Completion a.nd to specific c�uaiificati�ns expressed �by the Architect/��lginee�r. The issuance of a Certificate forPaymenfi will furtl�er constitute a re�resentation that the Contractor is entitled to payment in the amount certified, subject to the Owner'�s�approval. The issuai�ce of a Certificate for Payment is not a representation that the Architect/Engineee has: (1) made exhaustive or �ontinuous o�i-site inspections to check tl�e quality or quantity of the Work, . �2) reviewed constructian means, rncthods, techniques, sequences or procedures; (3) revieweci copies of�rcquisitions�reccived �froin Subcontractors and material suppliers and other data ret�uested by the Owner to substantiate the Contractor's ri�;ht to payment; ar (4) made exainination to ascertain llow or fc�r what pur}�ose the Contractor has used moncy � previously paicl on�account'oftl�e Cont��act�Sum. �� (d) Whenever the Application .for Payment foi• Work dane sincethe last previaus Application for Payment exceeds ot�e llundred dollars (;;100.�0} in amount, Owner witl pay a percentage of the Application, less applicable retainage,'to the Contractor within thirty (30) days following Owner's receipt and approval of the Ccrtificate for Payment certified by the Architect/Engii�eer. The Application may include acceptable nonperishable rnaterials delivercd to the Wark ar siored as provided for in Paragraph 9.3(c) nnd the payrnent will be allc�tved on the net invoice value, less taxes and a�plicable retainage. (c) The eity is required to w��ithho�d retainage for public works contraets in wliich tl�e total contract price estitnate at the time of exccution is more than �400,000; hc�evever, ihis requirement is typical]y ap}�lied by the City for atl public works contracts in excess of $50,000. Tltc' City �nay reyuire varying percentage withholding amounts; ltowever, the City� typically requires five percent. For i•etainage percentagcs in excess af five percent, the City �nusk deposit tlie retainage inta an interest-bearing account and pay tlie intcrest eamed to the contractor on cornplction ofthe contract. The retainage will be wtthheld ry the Owner from each progress payment until final completion ofthe Wark by tHe�Cnntractor, approval offinal completion by the Arclzitect/Engineer, and final accepYance af 41�c WE�rk by the O�vner, Unless otherwise required by titake �law,� lhe retainage perCentage �as �pecified ahove is based �upon the original Contract Sum, and will not be affected in thc event thc original Contract Sum is subsequentky increased or decreased l�y Change Order. { fl No progress payments siiall be made on contrActs where perfornjance and payment bonds are not requireci or furnisheci. In such instances, payment;far the Work perforn�ed will be made upan final campletia�� and acceptance by tlic ��vner ofa11 Work, 9.5 EC�SIONS TO WIT O[. CEIt'�'{i�'ICAT.IQN (a) Thc Architect/En�ineer or the Owner may dec'rde not to certifiy payment and Tnay withhold a Certificate for Payrnent in whole or in part, to the extent reasonal�ly necessary toprotect the O�vner's interest, if in fhe Architect/En�ineer's or Own�r's�opinian the representations to ttte ��vner required by Subpara�,n-aph 9_4(h} cannot be made. Ifthe Arcl�itect/En�incer or the Owner is unable fo certify payment in tl�e aniount of the Application, the Architect/Eilgineer or the� Owner will notify the Contractar as provided in Subparagraph 9.4(a). If the Cantractor and Arciiitect/Ei�gineer or th� Owner cannot a�;ree on a revisecl arnount, the Arcl�itect/Engineer will ��romptly issue a Certiticate for Paytnent for the a�nount for which the Architect/En�;ineer is abl� to make the rcquired representations to the Owner. The Architeci/Ertgineer or the Owner ma}� also decide not to certi#y }�aynlent or, because of�subsequently discovered evidence or subsequent obse�vations, �nay nullify tl�e whole ar a part ofa Certificake far Pay�nent'}�reviously issued to sueh extent as may be necessary, in the Architect/Engineer's or Owner's opinion, to protect the Owner from'loss l�zcause of: (1) defective c�r nonconforn�ing Work notremedied; (2) third party claims Yiled or'reasonable evidence indicatin� probable filing of such claims; {3) failure of tlie Contractor to xnake payments properly to Subcontractors or for laUor, materials, or equipment; (4) reasonable evidence that tl�e Work cannot be cou�pleted for the unpaid balance ofthe Co�itract Sum; (S} damage ta tl�e Owner or another cantractor; (6) reasonable evidence that the Work will not be completed within the Contract Time, and-'that the unpaid balance would not be adequate to caver actual or liquidated damages for the anticipated delay; (7} persistent failure to carry out the Work in aecordance with the Contract Documents; or (8) mathernatical or other errors that are discovered in tlle Application for Payrnent. (b) When each of the above reasons that existed for withholding certification are reino�ed or retnedied, certificaii�n will be made for amaunts previously withheld. (c) The Owner niay, at its option, offset any progress payznent ar final payment under the' GonYract Docuinents agau�st any debt {u�clud'uig taxes) lawfully due ta the Dwner from the Contractor, regardless of whether the amount due arises pursuant to the tei7ns of the Contract Documents or otlierwise and regardless of whether or not the debt due to the Owner has been reduced to judbment by a eourt. (a) After the Architect/Engineer has issued a Gettificate for Payinent, the Ow�ier shall make payinent in the manner and within the tirne provided in the Contract Documents, and shall so notify the Arehitect/Engineer. The Owner shall not be liable for interest on any Iate or delayed progress payment or final payrnent caused by any claim or dispute, any discrepancy,in quantities, any failure to provide supporting cioeumentation or other intormationxequirecl with tlze Applicatian -fc�r Payment or as a precondition to payment under t11e Contract Documents, or due to any payment the O��+ner or the Architect/En�ineer has a right to withhold or not certify under thc Contcact Documents. Notwithstanding the foregoing, the Owner may refuse to make payment on any Certificate for Payment (including, without limitation, the;final Certificate for Payn�ent) for any default under the Contract Doeuments, including but not limited to those defaults set forth in Subparagraph 9,5{a), Clauses (1) through (7). The Owner shall not be deerned in default by reason o# withholding payn�ent while any Contractor default remains uncured. (b) The Gontractc�r shall proii-�ptly pay each Subcontractor, upon i•eceipl of payment froin the Owner, out ofthe amaunt paid to the Contractor on account of eaclrSubcantractor's portion of the Work, the aTnount ta whicli said Subcantractor is entitlecl, reflectingpercentages actually retained from paymenYs �to t11e Contractor on account of such�Subcontractors.portion of the Work, The Contractor sliall, by appruprrate a�reernent with each Subcontractor, require each Subcontractor to make payenents to Sub-subcontractars in similar manner. (c} The Architect/En�ineer �r�ill, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Gontractor and actiois taken tlYereon hy the Architect/.Cn�ineer and the Owner on account of portions of the Work done by such Subcc�ntractor. , {d) Neither the Owner nor the Architect/Engineer shall have an obligation to pay or to see to the payn�ent of money to a Subcontractor except as may �tlte�wise be required by law. That obligation belongs to the Contractoror, in tl�e event of the Cpntractor's failure to pay a Subcontraetor, to the Surcty on tlic Paymcnt-Bond as rt;yuired under Paragraph l 1.3. (e) Payment to materiai suppliers shall be treated in a manner similar to that providc;d in Subparagraphs 9.6(b),'(c), and (d). (t) A Certificate for Payment, a pro�ress payment, or partia] or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not �erforrned in accordance with the Contract Documents. 9.7 SUBSTANTIAL COMPLETION (a) The Date of Substantial Completion ofth� Work, or designaterl portion ofthe Work, is the date certified by the Architect/En�ineer when construction is sufficiently cam�leted in accordance with the C.ity OfDenton General Conditions=For Building Construction. (a) tlle Contract Documents such tliat the Owner inay beneticially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant�:�ilems remain ��hich do�nol afi'ect 1he Work as a wllole. (b) W11en d1e Contractor considers that the Work, or the portion of the Work which the Owner agrees to accept separ�►tety, is Substantially Coinplete, the Contractor shall prepare and submit to the Architect/Engineer a comprehensive list afremaining items to be coinpleted or corrected. The Contractar shall proceed promptly to complete and correct items on the list (hereinafter called the "punch list"). Failure to include an item on the punch list does nat alter the ` respor�sibilit� of tlie Contractor to complete all Work in accordance with the Contract Docurne►its. Upon receipt of the punch list, the Architect/Engineer will make an inspection lo determinc wl�ether the Work, or designated portion of the Work, is Substantially Complete. If the Arcliitect/EnguZeer's inspection discloses any item, whether or iYot iucluded on the punch list, which is nat is1 accordance with the requireznents of the Contract Docuinents and which renders the Work inspectc�i not Substantially Complete the C�ntractor shall, before issuance of the Certificate of Substantial Completion, cozn�lete or correct the item upon notification by the Architect/Etigineer. The Contractor shall then suUmit a reqaesfi for an�fhec inspection by the Architecl/En�ineer to deterinine Substantial Coinpletion. Wheu fhe Work ar designated portion of thc Work is Substantially Complete, the Ai•cliitect/Engineer will prepare a Certificate af SuUstantial Gompletion which s11a11 establisli the date of Substantial Co�npletion, shall establish res�onsibilities ofthe Owner and the Contractorfor security, maintenance, heat, irtilities, damage to tlte Work and insurance, and shall fix the time v��ithin which the Contractar sl�all finish all items on the punch list accompanying the Certificate. (c) The Certificate of Substantial Complet'ron shall be submitted to the Owner and the Contractor for their written acceptazzce ofresponsibilities assigned to them in the Certificate. `. {d) Upon Substantial Completion of tlie Work or designated portiou thereof and'upon application by the Contractor and certification by the Architect/Engineer, the Owner shall make payrnent, reflectni�;'adjustment in retainage, if any, for the Work, ar portion'ofthe Work, as provided in ' the Contract Documents. 9.8 PARTIAL OCCUPANCY OR USE (a) The Owner may occupy or use any completeci or partially completed portion of the Work at any stage when such portion is designated by separate Supplemental Agreement with the Contractor, provided such'occupancy or use is consented to by the insurer as required under Subparagraph 11.2(c) and authorized by,public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is Substantially Complete, provideti the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, dainage to' the Work ai�d insurance, and have agreed in writing concerning the period for oorrection of the Work and commeneement of warranties required by the Contract'Documents. When the Contractor considers a portie►n Substantially Complete, the Contractor shall prepare and submit a list to the Architect/Engineer as provided uncler Subparagraph 9.7(b). Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the (a) progress of the Work shall be detennined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect/Engineer. (b) Immediately privr to such partial occupancy or use, the Owner, Contractor, and Architect/Engineer sha11 jointly inspect the area to be occupied or partion of the Work to be used ` in order to determine and record tlte condition of the Work. {c} Unless otherwise agreed upon, partial occupancy or use ofa portion or portions ofthe Work sha11 not constitute acceptance af Wark not complying with the requirements of the Contract Documents. � � � � � � �. (a) Upon receipt of written notice that the Work is ready,for fuial inspection and acceptance and upon receipl of a final Application for Payment, the Architect/Engineer, accompanied by the Owner's representative, will promptly make final inspection and, when the Architect/Engineer fmds the Work acceptable uiider the Contract Docurnents and the Contract Documents"fully performed, the Architect/Engineer will �romptly issue a final Certificate for Payment stating that to the best of the Architect/Engineer's knowledge, information and belief, and on the basis of the Architect/Engineer's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and rioted in said final Certificate is due and payable. The Architect/Engineer's final Certificate for Payrnent will constitute a further representation that conditions listed in Subparagra�h 99(b) as a condition precedent to t11e Contractor's bein� entitled to final payment have been fulfilled. Owner will normally make final payment within thirty (30) days after Owner's receipt and approval ofthe final Gertificate for Payment. Warra�ities required by the Contract Documents sha11 commence on the date of Substantial Completi�n of the Work, unless otherwise provided by separate agreement between the �wner and the Contractor. (b) Neither final payment nor any remaining retained percentage shall become due until the Coi�tractor subinits to tlie Ar�lukect/Engineer: (1) an ai�idavit that �ayrolls, bills for materials antl equipment, and other indebtedness connected wi#h the Work for which the Owner or the Owner's property might be responsible or encumbered (less arnaunts withheldby �wner) have been paid orotherwise satisfied; (2) a certificate evidencing that insura��ce required by the Contraet Documents to remain in force after final payment is currently in effect and will not be cancelled or alloweci to expire until at least thirty (30) days prior written notice has been given to the Owner; (3) a written statetnent #hatthe Contractor knaws of no substantial reason that the insurance will not be renewable to cover the period reyuired by the ContractDocuments; {4) a consent of suretyto finaI payment; and (5) ifreyuired by the Owner, other data establishing'payment or satisfaction of obligations, such as receipts, releases and waivers of iiens, claims, security interests or encumbranees arising out ofthe Contract,'to the extent and in sucl� fonn as may be desi�;nated by the �wner. (c) As a'precondition to final payment by the Owner under this Contract, the Cantractor's affidavit under Clause (b)(1) shall state that the Contractor has paid each of his subcontractors, laborers or rnaterialmen in fuil 'tor all lahor and materials provided to him for the Work under this'Cantract. In the event the Contractor has not paid each of his subcontractars, laborers or materialrnen in fu1l, the Contractor shall state in the affidavit the amount owed and the name of each subcantractox, iaborer or inaterialmeit to ��hom such payment is owed,:IN ANY EVENT, THE GONTRACTOR SHALL BE REQUIRED TO EXECUTE THE OWNER'S STANDARD AFFIDAVIT pF FINAL PAYMENT AND RELEASE AS �. PRECONDITION TO RECEIPT OF FINAL PAYMENT. (d) I� after Substantial Completian ofYhe Work, final oornpletion oithe Work is materially delayed through no fault ofthe Contractor or by issuance of Change Orders affecting final completion and the Architect/En�;ineer confirms the delay, tl�e Owner sha11, upon application by the Contractar and certification by the Architect/Engineer, and without tei-minating the Cantract, make payment ofthe balance due for that portion of the Work fully-completed and accepted. If the remaining balance for Work not fully completed or corrected is less #han retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to �ayment ofthe balance due for that portion �fthe Woi�k fully completed and accepted shall be submitted by the Contractor to the Architect/Engineer,prior tvi certification of payment. Paylnent shall be made under terms and conditions governing'final payrnent, except that it sha11 not coiistitute a waiver of claims. (e) The acceptance by the Contractor of the final �paymer�t shall operate as and �shall be a complete relea�e of the Owner from all claims or liabifities under the Contract, for anything done or furnisl�ed orrelating to t11e Work or the Project, or for any act or neglect ofthe Qwner relating ta or connected with the Work or the Project. � � . � �. �;; � �;• � '' I "'' � 1' �.�; �, The Gontractor shall be responsible for initiatin�*, niaintaining and supervising a11 safety }�recautions and pra�;rams in connection wit}� tlie �erfarn�ance ofthe Contract, and will cornpiy with all applicable City, Caunty, State a�id l�ederal health and safety regulations. I , �... �l ! �7 � ) f � R -� (a) The Contractor shall take reasanable precautions fnr safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Wark auid other persons who naay be affected therehy; (2) the'Wark and rnateriats and equipment to bc incorporated therein, whelher in storage on or offthe site, under care, custody ar control afthe Contractor or the Contractor's Subcontractors or Sub-subcontractors; and (3) other property at the site or adjacent tliereto, such as trees, shrubs, 1a`�rns, walks, pavements, roadways, structures and utilities not designated for rernc�val, relacatian or replacement in the course of constructian. . . • . . ..� .. - . � -� � � r �- � . �' , . • �' �- . . �,.s• , � � � - � � �. � • (c} 'I'he �antractor shall erect and maintain, as cequired by existing conditians and performance �f the Contract, reasonable safeguards for safety and protectian, includinb pasting danger signs and otlter wamings against hazards, promulgating safety regulations and notifyin�; owners and users of adjacent sites and utilities. (d} When use or storage of explosives or other h�zardous ina.terials or equipment or unusual methods are necessary far executian of the Work, the Contractor shall exercise utrnost care and carry on such.activities under supervisian ofproperly qualitied personnel. (e} USE'OF EXPLOSIVES - CLAIMS AND T(�TAL� [NDEMNI�ICATION. The Owner si�all laave the ri�ht ta pre-approve the usc of any explosivcs an theProject; the Contractor shall not a.ssut�ie in i(s bid that pern�ission to use explosives will be granted. The Owner sl�all NOT be liable for any clnim for additional time or compensation as a result ofthe Owner's denial ofpernlission to use explosives. Where usc of cxplosives is permitted by the Owner, the Contractor EXPRESSLY AGR�ES TO BE SOLELY RESPONSIBLE for the determination as to whether explasives shall actually be used, aiid for any result frorn the use, handling or storage of explosives, and shall �1NDEMNIFY, DEFEND AND H(�LD COMPLETELY HARMLESS the Owner, its officers, agents and employees, a�id the Arcl�itect/Enginccr against any and all claims, lawsuits, � jud�;inents, costs or expenses for personal i�tjury {including death), prope�ty damnge or ather harm for which recovery of damages is sou�;ht, suf�rered by any person or persons, as the result of the use, handling ar stora�e of the explasives by the Contractor or any Subcc)niractar, REGARDLESS OF WHETHER SAID USE, HANDLING'OR STORAGE WAS NEGLIGENT OR NO`I'., AND REGARllL�.SS OR WHE'THER "I'HE DAMAGE OR 1NJURY WA5 CONTRIBUTED Td IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, �RTHE ARCHITECT/ENGINEER AND ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES. I,1 the event of canflict witll any other indemnity paragraph in tliis Contract,lhis;paragraph cantrols. This indemnity paragraph is i�itencied solely for the b�nefit of the parties to this Contract and is not intended to creale or grant any ri�;hts, contractual �r otlierwisc, to or far any other �erson or entity. 1'he Cantractor shall furnish khe Owner and the Architeet/En�;ineer with evidence of insurance sufficient to cover possible darnage or injury, which insurance shall either include the O�.�ner at�d the Architect/Engineer as additional'�insureds� or be sufficiently Uraad in coverage as'to fully pratect the Owner and the ArchitecUEn�;ineer. All explosives shall be slared in a safe and secure manner, under the ca�•e of a eampetent watchman at all times, and all storage places shall'be inarked clearly'"DANGEROUS-EXPLOSIVES.° The method �fstaring and handling explosives and highly flammable inaterials shall conform'tq Federal and State laws, City af Denton ordinances, and the City of Dentfln Fire Department regulations. '1'he Contractor �hall notify any telecammunications and public utility campany and any privateproperty o�vners having structures in the proximity oftheProject Site of the Cantractar's intention #a use explasives, and such notice shall be given sufficiently in advance to enahle�the��telecommunicatio�s and public utility companies and�priyate property o�vners to take� such steps as they may deein necessary to protect tl�eir property from injury. The not9ce shall not relieve the Contractor af any responsibility far damage resulting from any blasting operations. � • � • � �� . r � � ' - •. � � �� -° � r�. �� ls • � •�- .� ,,� � � -� s - � �. � �' � t � • •, r � � - • � � • �� . � , � � , �, �, � _ , _ � . .� � r, � � - �� u- � � 1 '�' ._ • • . � ,r - � . � • � • ' - • - � • - ; -- � . ♦ ,_ � � � � � w � � • � • • � a + ,r r � � .r � � - � � � a r � � • - � - � �'I� � � r � . � � • � � , r, •� � �- " � � � �• • '� �. � .�, r �� z� r� � �r� -• , � . . � , ,- � � . . �. . � _ � . _, � . � •- a - • - , �, � � �- � - � ; . . � a - � r (g) The Contractor shall desi$n�te a respansible member �f the Contractor's arganization at the site whose duty shall be the prevention of accidents. This person shall be thc Contractor's superintendent unless otherwise designated by the Contractor in writing ta the Owner and Architect/Engineer. (h) The Contractor shall not lc�ad ar pennit any part of the Work or the Project site to bc loaded so as to endanger its safety. I ' In an emergency affecting safety, 1lealth, or security Qf persans ar property, the Contractor shall act, at the Cantractor's discretion, ta prevent threatened damage, in}ury, or loss. Additional cc►mpensation or extension of time c�aimed by the Contractor on aecount of an emer�ency shall be detennrned as:pro��ided in I'aragrapli 4.3 and Article 7. I , ' : � 1 (a} The Cnntractor shall place materials stored about the Work and shall canduct the Work at all � times in�a manner tl�at causes�rio greater obstruction to the publyc than is eonsidered�necessary�� by the Owner. 5idewalks or streets shall �iot be abstructed, except by s�ecial pennissian ofthe Owner, The materials excavated and tl�e canstruction materials ar plant used in the performance of the Work shall be placed in a m�nner that does not endanger t1�e Work or pre��ent free acccss to all fire hydrants, v��ater u�aizis and appurtenances, water valves, gas , valvcs, manholes far the telephone, telegraph signal or electric conduits, wastewater rnains and appurtenances, and fire alarrn or police call boxes in the vicinity. (b} The (7wner reserves the right ta xemedy any negl�ct on the part of the Contractor in regard tc� public conveniettce and safety which may come'to the Owner's attention, after twenty-four (24) liours notice in writing to the Contractor. Tn-case �f an emergency,` the Owner shall have the right to immediately rernedy any rieglect witltout notice. In eitlier casc, the cost ofany wark done by the Owner to remc;dy,the Contractor's �egle�t shall be deducted from th� Contract Sum. The Contractor shall noiify the City Trafftc Control D��artment when any street is to be closed or ohstruded. The notice shall, in the case of major thoraubhfares or street upon which transit lincs operate, be forty-eighl (48) haurs in advance. The Owner reserves the rigiit to postpone or prohibit any closure or obstructian of any streets or thorataghfar�s to the exter►t necessary for the safety and benefit of the traveling public. The Contractor shall, when directed by the Architect/Engineer or the Owner, keep any street c�r stre�ts in conditian fpr un�b�tructed usc by City departmenls. When the Cuntractor is reyuire�i to wnstruct iem�c�r�ry brid�;es or make other arrangements for crossing over ditches or around structures, Che Contractar's responsibility for accidents shall include the roadway approaches as w�e13 as the crossing structures. � :�� • � � � � If the Work is earrieci on or adjacent ta any streec, alley c�r public place, the Cor�tractar shall, at the Contractor's qwn ccyst and expense, furnish, erect and maintain sufficrent barricades, fer►ces,lights and danger sig�aals, shall provide sufficient �vatclunen, and shall take suel� other precautionary measures as are necessary for the grotection ofpersons or property and ofthe Work. All barricades shall be painteci in a color �hat will be visible At night, shall u�dicr�te in bald letters thereon the Cantractor's name and sliall be illuminated by lights from sunset to sunrisE. The term "lights," as used in this Par�gra}�h, shall mean flares, flashers, or other illuminated devices. A sut�icient nuniber ofharricades with adc:yuate markings and directional devices shall alsa be erected to keep vehicles from bcing driven on or.into any Work undei• construction. The Contrnctor will be held responsible for all dama�e to the Work due ta failure ofbarricades, signs, lights and watchmen ta protect the Work. Whenever evidence is found of such damage, the Architect/Engineer rnay order the damaged portion immediately removed and replaced by the Contraetor at Contractor`s cost and expense. The Contractor's responsibility-for maintenance of barricades, sigiis, and lights, and for providin� watctvnen, shall not cease until the Project has been finally accepted by the Owner. I : 1 • . . r � " � : t In case it is necessary to change or move the property of tlie Owner or of �ny telecoinmunications or �uhlic utility, suEh property shall nof�be removed or interfered with until ordered to �o s� by� the Arclzitect/Engineer. The z-ight is reserved to the owner oFany public or privaie uti]ities to enter upc�n the Project site for the purpose of making such changes cir repairs aftl�eir property that may beco�ne necessary during the performance ofthe Work. The Owner reserves the right of entry upott the Proj�ct site for any purpose, including�repairing�or relaying�sewEr and ��vater ]ines and appurtenances, repairing structures, and for making other repairs, changes, or extensions ta a.ny of the Owner's property. The Owner's actians s1�a31 c;onfon7� to the Cnntractor's c�rrent and approved ' schedule far the performatYce of the Work, provided that proper notificalion af schedule requirements has been given to tlle Owner hy the Ct�ntractor. � ► � � , . . �,; . . , , � • . �; � : When cxisting storn�t sewers or drains have to Ue takcn up or removed, the Coutractor shall at his own expense provide and maintain temporary outiets and connections for`all public and private storm sewers and drains. The Contractar shall'als� take care of all storm sewa�e and drainage whicl� will be received from these storm drains and sewers; for tivs purpose, the Contraetar shall pravide and maintain, at the Contractor's own expense, adequate pum}�ing faciiities and temporary outicts �r diversion�. The,Conlracfor shall, at the Contractor's own expense, canstnaet such troughs, pipes, or other structures necessary and shall bc prepared at all times to dispose of storm drainage and sewage,received from tl�ese temporary connectians until such lime as the permanent connections are built and in'service. The existing storm sewers and connectians shall be kept in service and nlaintained under the C�ntract, except where specified ar ordered to be abandone� by the Architect/En�;ineer. All storm water �tnd sewa�e shall be disposed of in a satisfactory manner so that no nuisance is created and that the Work under construction will be adc;quately protected. I; . ��. �; . �; �,. . , �;; � � � �• ��, {a} When the Contractor desires to use tlie Owner's wa#er in cor►nection witl� the Work, the Contractor shall inake complete and satisfacto;ry arrangements with the Denton Water Utilities Department and'shall be responsible for the cost ofthe water the Contractor uses. Where meters are useci, the charge will be at the re�alar established rate; where no meters are used, the charge will be as prescribed by City ordinance, ar wljere no ordinance applies, payment shall be base,d on estimates macie by th� Denton Water Utilities Department. (b) The Contracfor shall make complete and satisfactory arrangements for electricily and �metered electrical connections �with the OH��er or with Denton Municipal Electric in the�eveyrt that separately meterc� eleetrical connections are required for the Project. The Gontractor shall pay for all electricity used in the performance af#he Work throu�h separate metered electrical connections obtained by the Contractnr throu�h the City of Denton. 10.9 USE Or FIRE HYDRANTS The Contractor, Subcontractars, and any ather person working on the Project shall not open, turn oft; interfere with, attach any pipe or hose��to,��or connect anything �vith any fire�hydrant, �stop valve, or stop cock, or tap any water main belonging to the Owner, unless duly'authorized to da so by the Denton Water Utilities Department in accordance with the Denton City Code. I " � �' ' (a) The Contractor nitc� its Suhcc�ntractors are deemed to have inade themselves tatniliar with and at all times shall comply with all applicable federal, state ar local laws, rules, regulations, ordinances, and rules of�cammon law�n�w�in effecl (including any ainendments now in effect), relatutg to tlie environment, Hazardous Substances or exposure to Hazardous Substances, including but not limited to the Gom}�rehensive Environmental'Response, Compensatipn and Liahility Act of� 1980, 42 U.S.C.A. §§ 9601, et seq.; the Hazardaus Materials Transportation Act, 49 U.S.C.A. ti§ `] $O1, et seq.; the Resource Conservatioiy and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et sey.; the Federal Water Poliution Control Act, 33 U.S.C.A §§--1201, et seq.; the T�xic Substances Control Act, 15 U.S.G.A: §§ 26Q1, et seq.; the Clean Air Act, 42 U.S.C.A. §§ 7401, et seq.; the Safe Drinking Watcr Act, 42 U.S.G.A. �§ 3808, et seq., and any current judicial ar administrative interpretatian ofthese laws, rules, regulatians, ordinances, or rules of common law, including hut not limited to any judicial or administrative order, consent;decree, or judgment affecting the Project. (b} 'In the eve�it the Cantractor encounters on tlYe site materials reasonably believed ta bc a Hazardaus Substance that l�ave not been renc�ered harrnless, a�id removal of such materials is not a part of the scope of Workxequired under the Cantract Dacuments, the Cantractpr shall immediaLely stap Wark in the'affecte�l area and report gn writing the lacts qfsuch encounter to the Architect/Engineer and the Owner. Work in the affecteti area shall not thereafter be ,resumed except by written order of the Owner unless and until the materiai is determined not to be a Hazardous Substance or the;Hazardaus Substanee is remc�iiated. The Owner may choose to �remediate the Hazardous Substance with a separate �eontractor or��through a� Chan�e� �� (�rder with the Contractor. If the Owncr deternlines tl�at the Hazardous Substancc cxists in the ai�ected area due to the fault or negligence af the Contractor ar any of its Subcontractors, the Contractor�shall be responsible for remediating�the conditxon at the�sole expense ofthe Contr�ctar in accardance with the Contractor's t�_�� Spill Remeciiation Plan. An exteiYsion afthe Contract Timc for any delay in thc pragress schedule caused as a result of the discovery and remediation of a H dous Substance may be grant� by the Owner oniy if all rernainirt� Work an the Project �nust be suspended and the delay cannot be inade up elsewhere in the progress scl�edule. Anyxe�uest far an extensian of the Contrad Time related to the discovery'and remediation af a Hazardous Substance is subject to the provisions of Faragraph 4.3 and Article 8. (c) The Contractor shall be respansible for identiiication, abatement, cleanup, control, removal, remediation, and disposal of any Hazardou.s Substance brought into or upon tlle site by the Cantractor or any Subcontractor or Sup�lier. The Contractar shall obtain any and all pertnits necessary for the legal and proper handling, transportation, and disposal of thc Hazardous Substanee and shall, prior to undertaking any abatement, cleanup, control, removal, reinediation,'and dispasal, notify the Owner and the Architect/Engineer so;that they may observe tl�e activities; provideci, hawe�er, that it shall be the Contractor's soleres�onsibility to comply with all applicable laws, rules, regulatians, or ardinances �overning the activities. (d) Spill Prevet�tion P1an. At least seventy-two (72} hours prior to comrnencing perfonnance of any of the Work at the Pro_ject site, the Contractor shall submit to the Owner for review and approval a Spill Prevention and Response Plan (SPRP) meeting the;requirements of federal and state law, rules, and regulations. Tl�e SPRP shall be specially designed for the Contractor's planned wark�methods and ��procedures. The�SPI�P shall�be designed to - complernent all applicable safety st�aidards,��.fire prevention regulations, and�pollution � prevention policies and procedures. Tl�e SPRP shall include estimates ofthe�quantity and rate of flow should e�uipment fail, and detail containment ar diversionary struetures,to prevent spills from leaving the site or migrating into adjacent properties or navigable waters. The SPRP shall include methods of recavery of spilled materials and all applicable twenty-faur (24) hour emergency phone numbers, including without limitation that of the �dvner's Pro,ject Manager or other designated representative. The Contractor shall not comrnence any field wnrk prior to approval of such plan by the (7wner. Tlle iollowing additional rules shall apply �vith respect to spills caused by the Contractor or a Subcontractor: (1) The Contractor shall irnmediately report any spill or release at the Projcct site, whethcr or not��it is�associated witl��tlYis�Cot�tract, to the Owr�er's�Pxoject Manager or other designated representative. Thereafter, within two (2) working days after tl�e occurrence �f suclt event, the Contractor shaIl submit a writtcn report describing such event in a de�ree ofcietailreasot1ably acceptable to the Owner. (2j The Contractor shall immediately respond in acc�rdance with the SPRP in the even� of a spill. {3) The Gontracior shall dis�qse ofspil�ed materials in acc;c�rdanc;e with EPA and Texas � Cornmission on Environmental ��Quality (TGEQ) regulatioia's an�i ai�y other applicable federal, state, or local laws, xules, or regulations. In connection with such disposals, the Contractor shall use only those transporters and disposal facilities that are appraved in advance in writing by the �wner. A copy of,al( transport inanifests for the spillecl n�aterials shall be obtained and retained in the Contractor's records farxeference purposes, to be pravided upon request of the Architect/Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter. ALL GOSTS OF COLLEC'TION,'�CONTAINMENT, AND DISPOSAL OF��SPILLED �MATERIALS SHALL BETHE SOLE RESPONSIBIL]TY OF THE CUNTRACTOR. (4) For purpases of this Subparagr�ph (e), the tern� "spill" includes any kind of environmental discharge arxelease. (e� C1ean Air Management Pian. The Cantrador-sha11 a�mply with the Clean 'Air Management Plan submitted to and approved by the Owner during tlie contractar selection process. The Owner reserves the right, at the ('ontra�ctor's sole expense, to require the removal c�r retrofitting of any cquipment used in tl�e course of construdion that daes not comply with the Plan submitted to at�d approved by tlie Owner. (t) The Contractor sltall deposit surplus ar waste excavation or other materials removed as part of the Work at a legal c�isposal site in acc.ordance �vith all applicable statc, f�deral, and local laws, rules, rcgulations, and ordinances. The Contractor shall submit to the t�wner for review atid'approval allplanncd disposal sitcs or proposed uses far the surplus or waste excavation or otl�er inaterials prior to reinovat of any excavation or other material fro�n the Project site. A copy of all transport n�anifests far surplus or waste exca�ation or other materials shall be obtained and retained in the Contractor's recarcls tior reference pur{�oses, to be provided upon request to the Architi�ct/Engineer, tlte O�vner, or any governmental regulatory age�icy with � jurisdiction overthe matter. (g) The Contractor is'responsible for obtaining a1l TXPDES Storni Water Pertnits from TCEQ for cc�nstructian ofthe Project under regulations contained in 40 CFR Part 122, as amendeci, pursuant to the Clean Water Act, 33 U.S.C..A. �§1251 et sec�. Tl�ese regulations require the filing of a notice of intent,to obtain and ahide by the general stc�rm water ��ermit fc�r construction activities.promulbated by EPA, including but not limited to c1eaning, grading, and excavation tl�at disturb the applicable 3mc�unt of tc�tal land area. In addition, the Contractor shall comply with all regulations of the Owner relating to storm water and storm water runoffmanagement at the Project site pursuant to Chapter 19,�Article IX, Denton City Cade, as amended. (h) The Coniractor sha�l not install any:materials in the��performance of the �Work that'contain �sbestos or asbestos-related material suc;li as hydrated mineral siiicate, including chrysolite, amasite, crocidolite, tremolite, anthophylite or actinolite, whether fiiable or non-friable. (i) Tl�e Owner reserves t17e ri�;ht in its soie option to exercise the following remeciies (without waivin� llle xight to pursue tlie imposition of any civil or criminal fines or penalties that may be imposed under state, federal, or local iaws oi- ordinances), at no additional cost to the Owner and without an extension of the Coiltract Tirne, in the event the Contractor faiis oi- refuses after seven (7) days advance written natice �frorn the Owner to comply �with�� the provisions of this Faragrapf� 10.10, tlie tern�s of the SPRP,'the tenns of the C1ean Air Management Plan, any stonn tvatc;r permit ar other environmental permit issued in conr�ection with the Work, or any applicable eilviranmental law, rulc, regulation, or ordinance: (l ) suspend all or any pc,rti�n ofthe Work-until the noncompliance is corrected, or until a detailed �plan ta achieve compliance �i�ithin a reasonably prompt period oftime is prepared by the Contractor and approved by the Owner; (2) if the Contractor fails to properly address the noncampliance withui the time stipulated by the Owner, perform the necessary ren�ediation or c:orrection work and backcharbe the Contractor far the cast ofthe remediation or correction; or (3) terminate the Contract for cause a.s provided in Article ] 3. ' '' • 1 : � 1; Cantractors shall refer to Attacl�mei�t A for al] City of Denton insurance requirements. .:�� . ., Cantractars sltall reter to Attachrnent A for all City of Denton insurance require�nents. U i " • • ,. Contractors shall refer t� Attachment A for all City of Denton insurance requireinen#s. . �� 1 '' � 1 ! Cantractors shall refer to Attachment A for all Gity of Denton insur�nce requirements. � ' ; � � ' i ' • : / 1 (a) Subject to �the provisions of Subparagraph 1].3(b), tlle Gontractor shall, with the execution ��d delivery of the Canstruction Services Agreement, furnish and file witlt ihe Owner in the amounts required in this Para�;raph, the surety bonds described 'ui Clauses (a)(1) and (a)(2) below, which surety bonds slaall l�e in accordance witli t}�c Charter ofthe City af Denton anci the provisions of Cha�ter 2253, Texas Governmenf Coile, as anieclded; eacl]`bond shall be si�ned by the Contractor, as Principal, and by an establisl�cri bonding company, as surety, meeting the requirements of Subparageaph 11.3(c) and approved hy the Owner, The surety bonds shall be accompanicci by an appropriate Power-of-AttoiY�ey clearly establishing the extent and limitatians af the authoriky of each signer to so sign: (1) Perfarmance Band. A good:and sufficient bond in an amaunt equal to 100% of the total Contract Sum, guaranteeinb the full and faithful execution ofthe Work and performance of the Contract in accordance with Plans, Speciftcations and all other Contract Docurnents, including any Amendrnents thereo� fQr the pratection ofthe Owner. This bond shall alsa provide for the repair and maintenance of all defects due to faulty n�aterials and workmanship that appear within a periad oftwo (2) year frorn thc date offinal coinpletion and acceptance of the improvements by th� Owner or lesser ar longer periods as may be otherwise designat�d in the Contract Documents. ' :� � ��a� . � • � � .� • '11'� r` � • � � � �.; � r ..� r . a � • •; �:� • � f� r • � •r � � � s- • �i r _ � , � � • - . -� -� . . : , � . • . . , ', 11 !11 '- � 11' � � � . �. � � r- � � �:� r � . � . � . •, - . ; , 1 11 . � -� . '� , 11 111 r . : � � 11' � � . r � , + � '! � � � • ' _ • - :, a � • � �• - � � �.� . � 11! � � � r .� , � : � . �-� . '.-..w ' • . '• .'I � _ � . . - , - � . • � • - ' - •; � r � r � � ''- � � ' :,;� � 11' � �' �'. r � � � - � . � � ' � � � �- � � .� (c} No surety will be accepted by the Owner who i.� now in default or delinquent on any bands or who is a partyto any litigation against the Owner. Al] bonds shall be made and executed on the Owner's standard forms, shall be approved by the Owner, and shall be executed by not less than one corparate surety that is authorizoci and admitted to do business in the State of Texas, is lieensc�i by the State of Texas to issue surety bonc�s, is listed in the �nost cuirent United States Department of the Treasury List of Acceptable Sureties, and is atherwise acceptable to the Owner. Each bond shall be executed by the Contractor and the surety, and sliall specify that legal venue for e�iforcement af each bond shall lie exciusively in Denton County, Texas. Each surety shall desi�nate an agent resident in Denton County, Texas to wliom any requisite statutory notices tnay be delivered and on whom servicc of process rnay be had in rnatters arising out of the suretyship. � � � (d) The person or persons, partnership, company, firm, Litnited Liability Company, association, corporation, or other business entity to whom tlie Contract is awardeci shall, within ten (10) days ailer such a�vard, sign the rec�uir�;d Contract �vith the Owner and prc]vide the neeessary,surety bonds and evideJ�ce af ulsurance as i-equu-ed under tl�e Contract Docuinents. No Contract sl]all be binding on the Owner untii it has been approv�i as ta farm by the City Attarney, execut�l for the Owner by the City Manager, theperfarinance and payment bonds and evidence of insurance have been fu1•nished as required by tlle Contract Documents, and tlie fully executcd contract has been delivered to the Contractor. (e} The failure ofthe Contractor to execute the Contract or deliver the required statutory bonds and ' evidence of utsurancc within ten (10) days after the Contract is awarded or as soon thereafter as the Owner can assemble and deliver the Contract shail constitute a material breadi of the Contrackor°s bid proposal and the Owner rnay rescind the Contract award ancl callect or retain the proceeds �f the bid s�curity. By reason ofthe uncertainty ofthe market prices or materials � and 1abor, and it�being impracticab[e and dif�iculi to�determine accurately ttYe�amount aif �� danaages oecurring to thc Owncr by reason of the Contractar's failure to exccute and furnish the statutory bonds and to si�;n the Contract within ten ( l 0) days, tl�e filing of a bid proposal with the accon�panyu�g bid security will be considered as an acceptance ofthis Su6paragraph 11:3(e�. In the event the Owner shoulci re-advertise for bids, the dcfaulting Contractor shall n�t be eligible to bid, and the lowest respansible bid abtained in the re-advertisement shall be the bid referred ta in this Paragraph. , I 1 � � 1 ' ; , � . � (a) lf a portion of the Work is eovered contrary to the ArchitectlEnginecr's request or to � requiremen#s specifacally express�� in the�Contract ��Documents,��the Work �must, ifrequir�d �i� writin�; by the Architect/Engineer, Ue uc�covered for the Architect/Engineer's observatian and be replac� at the Contractor's expensc witltout cllange ir� the Contract Time. (b} If a portion oftlle Work has been covered wlZich thc Architect/Engineer has not specif�cally requested to observe prior to it betng�covered, the ArchitectlEngineer may request to see sueh Work and it shall be uneovered by the Contractor. 1f such Work is ui accordance with thc Contract I7ocuments, costs of uncovering and replacement shall, by apprapriate Change Qrder, be chargcd to the C}wner. If any Work is not in accorc�ance with the Contract Docurnents, the Contraetar shall pay the costs of uncoverin�;, repair, replacement:unless the condition was caused by the Owner or a separate eontracCor in which event the Owner sha�l be responsible for payment of such costs. , �� ;. �' (a) The Contraclor si�all promptly correct Work rejected by the Architect/Engineer as failing to confoma to tl�e requirernents ofthe Contract Documetits, whether abserved before or after Substantial Gompletion and whether or not fabricateci, installed or completed. The Contractar shall bear costs ofcorrecting such rejeeteci Work, includin� additional testing and inspeckions and compcnsation for tlte Architect/En�ineer's services and expenses made necessary thereby, (b) If any of the Work is foand to be defective or nonconfbnning with the reyuirerz�ents of the Cantract Documents, the Gontractor shall ��correct it pramptly after rcceipt of vvrittetl notice � from the Architect/Engineer ar the Owner to do so unlcss the Owi�er has previously given the Cc7niractor a wriLten acceptance ar waiver of the defect or nottcoilformity. The Contractor's oUligation k� correct defective or nanconfor►ning Work rcmains in cf�ect tbr: (1) one year after tlie date of Substantial Colnpletiori of the Work or ciesignated portion of the Work; , (2) one yeai• aftcr the date for commencen�enf of warranties established by a�;reernent in cc�nnecti��n t�itli partial occupancy under Suhparagraph 9.8(a); or (3) the stipulate�i duration of any applicable special warranty required by the Contract Docu�nents. (c� The one-year period described in Clauses (b)(1) and (b)(2) shall be extcnded with respect to portions of the Work performed, repaircd, or corrected after Substantial Completion by the period of ti�ne between Substantial Completion a�id the actual completion of the Work, (d) The obligations of the Contractor under this Para�raph 12.2 shall survive final aeceptance of the Wark and termination ofthis Contract. The �wner shali bive notice to the Contractor promptly after discovery ofa defcctive or nonconfc�nning condition in the`Work. The one-yeair period stated in Clauses (b)(1) and (b)(2) does not'lirriit the ability of the Owner to require the Cantractor to correct latent defccts'or nonconformiti� in the Vl/ork, which defects ar nonconfonnities could not have been discovered through reasonablc diligence bythe Owner c�r t1�e Architect/Ensineer at the time the Vi�ork �vas performed or at the time of inspection for certification of Substantial Completion or Final Completion. The one year period also daes not relieve the Contractor from liability for any defects or deficiencies in the Work that may be discovered after the expiration af the one year correction perivd. {e) Tlie Contractor shall remove from the Project,site portions of the Work which are not in accordance with the requirements of tlie Contract Doeurncnts and are neither corrected by the Contractor nar accepted by the Owner. (�} If the Coniractor fails to correct defective or nonconfanning Work within a reasonable time after notice from the Owner or the Architect/Engineer, the Owner may cc�rrect it in accordance with Paragraph 2.4. If the C�ntractor does not praceed with correction ofdefective ar noncanformin�; Work within a rcasonable time fixcd bywritten natice fram the Architect/Engineer, the Owner.may remave or replace the defective ai• nonconforming Work and store the salvageable xnaterials or equipment at the Contractor's expense. If the Cantractor does not pay costs afremoval and stora�e within ten days after written notice, the Owner may, upon ten (10) additional days written notice, sell the materials and equipment at aucYion or at private sale and shall ace�unt for the praceeds after deciuctin�; cosis and da�na�;es that shc�uld llave been boi-ne by tlie Contractor, including com�ensation for the Architect/Engineer's services and expenses made necessary as a result of the sale. If ttte procceds of sale do nat cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the def ciency. If payinents due to the Cantracfor then or thereafter are not suff cient to caver the deficiency, the Contractar shall pay the difference to the Oe�vner. (g) The Cantractc3r shall bear the cc�st of correctin� destrayed or daunaged construction of the Owner or separate cc�ntractors, whether the canstructian is completed or prartially completed, that is caused by thc Contractor's correction or rcmoval of Work which is not in accordance with the requirements af tlie Contract Daeuments. (hj Nothing contained in this Parngraph 12.2� shall �be construed to cstablish a period �of limitation with respect to other obligatians �tvhich the Contraclor mibht have under the Contract Docurnents. Establishment of tl'c one-year ti'ne p�riad as described in Subparagraph 12.2(b} relates only to ll�e specific obli�ation of the Cantractar ta correct the Work, and has n� relationship to the trrne within which the obligation to comply with the Cantract Documents may l�e saught to be enforced, nor to the time within which praceedings may be cc�mmenced to establish the Cantractor's liability witli respect ka,the Contractor's obligations other than specifically to correct the Work. , (i) Any Wark repaired orxeplaced pursuant to this Article 12 sha11 be subject to the provisians of Article 12 ta the same extent as Work originally performed or installeci. I '` 1 1 � �' �' • - - i � - • - • , _. � � , r �. - _. . . � . � - - ' • -�, . � . , � • - � � •- :� .• ,�� :� � - .� r �i -� • _, � • , , , _ �_- ,r- • ' � ' • / � .; '. * � �� . � � � � i� �' � , '•` � �• # c- �� -� � �:� � - � • .r � � f � � � � - •� �- � �• � � � � .�• � • .., � r'' • . � • - �• �� : �- �� r; � � - • . �� • . � + -- , �-'. :� �- r � . � c � - - � . � , � _ • � �. � - - , � • � - ; � • . . _ '� .� ;- r- r . � - � . �, - i-- ��- ' � �, .�, . . __, ♦ - - • � - s � � ' a , � � � � .�- -� ' -� �' • �-'w - ' � � � �t � � � • � � � a • �� - � ; .. :.. .. � ' '. � ' R '� ' � � • �: �" �. ... � . ,-: 1 �! : " .; � � " .'. ' " ��,. . iic Y W;i►# 1 f►I_� � c�7►i:�1�1 Y: f a�[�l+.�I.i�l :i oL�l :�M_1 �*l a� ,, � .' . • . • r � . . � .. . .` r:- s� .r � i � � � i - . � ��.� � � � • � . • � � r • . • � - � . '• • . � - 1 �. .'- - �. - � - - � - • _ � � _ . _ � (2) A reasonaUle belief that the progress of the Wark being made by the Contractor is insufficient to complete the Work within the specifieti tiinc. (3) Failure or refusai ofthe Cantractar to provide sufftcient and proper equipment or co►istructioc� farces to properly ex�cu#e tl�e Work in a timely manner. (Q} A reasonable belieftha# the Gontractor has �bandoned the Work. (5) A reasonable belief that the Gantractor l�as become insolve�it, bankrupt, or otherwise financially unablc to carry �n the Work. (6) Failure or refusa] an tiie;part ofthe Conlractor to observe any rec�uirei�ents of the Contract Docutnents or to coinply wiih any written orders given by the Architect/Engineer or the Owner as provided for in the Cantract Documents. (7) Failure or refusal of the Contractor to promptly make good a�iy defects in materials or �vorkmanship, ar any defects of any nature, the carrectian of which has been directeci in writing by the Architect/Engineer. (S} A reasor�able belief by the Ocvner that c.�ltusion exists or has occurred for the purpase of ille�ally procuring-the Cantract ar a Subc:cintractor, or that a fraud is being perpetrated an tlte Owner in connection with the construction of Work vnder khe Contract. {9) Repeated and fla�rant vialation of safe wc�rking prace�ures. (10} The filing by the Contractor oflitigation against the Owner priar to oampletion of the Work. (b) When the Wark or any portian of the Work is terminated for any of the causes itemizcxi above or far any othcr cause except terminatian for convenience pursuant ta Subparagraph 13.3(e), the Cantractor shall, as of the date specified by the Owner, discontinue the Work or portion of the Work as the Owner shall designate, whereupon the surety shall, within twcnty (20) days after the v�✓ritten natice of termination for cause has been served upon the Contractor at�d the surety ar its authorized a�ents, assume the obligations of the Contractar for thc Work ar that portion afthe Wark which the Owner has ordered the Cantractor to discontinue and may: (1) perforrn the Work with farccs cmployed by the surety; (2) with the writte�i consent of the Ownei; tender a replacement contractor to take over and perform the Work, ui whicli event the surety shall be responsible for and'pay the amount of any costs reguired to be incurred for the cflmpletion of the Work that are in excess of the ainaunt of f`unds remaining under the Gantract as ofthe time af the termination; or (3) with the written consent �f the Owncr, tcnder and pay to the �wner in settlement the amount of money necessary ta f nish the balance of uncompteted Work under the Contract, carrect existing defective or noncanfonning Work, and cotnpensate the Owner far any other loss sustained as a result afContractar's default. In the event of terminatian for cause involving Clause (b)(] ) c�r� (b)(2), the Surety shall assume the. Contractor's place in all respects, and the amount of funds remaining unpaid under the Contract sliall Uc paid by thc Owner for all Work performed by tlte'surety or the replacement contractor ui accordance with tlle tenns of the Contract Documcnts, subject to any rights of the Owner ta deduct any costs, damages, or liquidated or actual damages that the Owner may have incurred, including but not limited to additianal fees and expenses of �#hc Architect/Enbinecr anc� attonieys fees, as a result of s�ach termination. (c) The balance o�the Contract Sum rein�3inin� at the time of the Contractor's default ancl of the terniination shall become due and payable to the surety as the Work progt•esses, suUject to all ofthe terms, covenants, and conditions of the Contract Documents. If the surety ctoes not, within the time specified in Subparagraph I 3.3(b), exercise its obligation to assu�ne the' ob]igations of the Contract, or that portion ot�tlle Gontract which the Owner has ardered the Cantrac.-tar to discantinue, then the Owner sliall have the power to complete the Work by contract or otherwise, as it may deem necessary. The Contractor agrees that the Owner s11a11 have the'ri�ht to take perssession of or use any or all of tl�e materials, plant, tools, equipment, sup�lies, and property of every kind prc�vided by the �ontractor for the purpose offihe Work, and to pmcure other tools, equiptnent, labor, and materials for the completion of the Work, and to charge to the account of the Contractor the expenses of completion and labor, maierials, toals, equipment, and incidental expenses. The expenses incurred by the Owner to complete tlie Work shall be deducted by the Owner out of the balance of the Cantract Sum remaining unpaid ta or unearneci by the Contractor. The �ontractor and the surety shall be ��liab�le�to the Owner for any costs incurred �in excess of�the�balance afthe Contract�Sum far the campletion and correetion of tlie Work, and for any otl�er costs, damages, expenses (including but nat limited to additional fees ofthe Arcl�itect/Engineer and attomey's fe�s), and liquidated or actual damages incurred as a result of the tern�ination. (d) The Owner shall not'be required to abtain the lowest bid for the Work of cAmpletin� the Contract as described iil Subparabraph l 3.3(c), but the expenses to be deducted from the Contract Sum shall be the actual cost of such Work. In case the Otivner's expense is less than the sum ivhich would have been payable under the Cantract, if tihe sarne had been co�npleted by the Cqntractar, tlten tlle Owner may pay to the Contractor (or the��Surety, in��the event of a complete terrnination %r cause) the differencc ixi the cost, provided that the Gontractor (or tl�e Surety) shall not be entitled to any claim far dai�ages or-far loss of anticipated profits. �'!n case such'expenses for completion shall exceed the amount which woald have been payable under the Contract ifthe satne had been completcd Uy the Contractor, then the Contractor and his Surcties shall pay the amount ofthe excess to the Owner on notice from t11e Owner for excess due. VVhen only a particular part of tl�e Work is� being carried on by the Owner by �contract or otherwise under�the provisions of this Subparagraph, the Gontractor shall ��continue the reinainder of the Work in ccmformity with the ternLs of the Contract, and in such manner as nat to hinder or interfei•e with the performance of workme'1 employed and provided by tlie Ow»er. (e} The ri�;ht ta terminate this Contract for the convenience of the Owner (includi.ng but not limited to nonapprapriation of funding} is cxpressly retauied Uythe Owner. In the event of terminatiot� for convenience, the �O�vner shall deliver at least ten ( l 0) days advance writCer► notice of terminatian for canvenience to the Cantractor. Upon the Contractor's rcceipt of such written naticc, the Contractor shall cease fhe perfc�rmance ofthe Wark and shall take reasonable and a�propriate action to secure and protect the Work in place. The Contractor shall tl�en be reimbursed by the Owner irl accc�rdance with the tettns and provisions ofthe Contract Documents, nof to exceed actual labor cc�sts incurred, materials stored at Yhe Projcet site or away frc�m the; Projecl site as approved by the Owner but not yet paid for, plus actuai, rcasonable, and documented termination char�;es, if any, paid by the Contractor urconnectian with thc Work in place whicl� is compleled and in confarmance,with the Contract Docunaents to the date of termination far canvenience. No amount shall ever be due to the Contractor for lost or anticipated protits. : •,�'• � � ; / � !� (a} The Work or a�iy portion of the Work may be temporarily suspendec� by tlie Owner inimediately upon written notice to the Contractar for any reason, including but nof limited to: (1) the causes described in Clauses 13.1(a)(1,) through (a)(10) abave; (2) whcre other provisions in the Contract Docurnents require or pennit teinporary suspension of t�ie Wark, � (3) situatians where the Work is threatened by, contributes to, ar causes an immediate threat to public health, safety, or security; or '' � • - � � r •,, (b} The Contractor shall immediately resun3e the te�nporarily suspended Work when ordered in writing by the Owner to do so. The Owner shall not under any circumstances be liable tor any claim of the Contractor arising from a temporary suspension due ta a cause described in Clause (a)(1) above; provided, l�owever, that in the case of a temporary suspension for any of the xeasons described under Clauses (a)(2) through (a)(4), where the Contractor is not a cantributing cause of the suspension under one of those Clauses or where the prov�ision of the C�►ntract Documents in yuestion specifically provides"that the suspension is at no aost to the Owner, the O�.vner will make an equitablc adjustment for the followutg itcrns, provided that a claim is properly made by the Contractor under Suhparagraph 4.3 of these Gen�ral Gonditians: (1) an equitable eatension afthe Contract Time, nat to exceed the actual delay caused by the temporary suspension as determined by the Architect/Engineer and the Owner; (2) an e�uitable adjustrnent to the Contract Sum for the actual, necessary, ar►d reasonable costs of properly protecting any Work that is fmished or partially finished during the period af the temporary suspension (no profit and overhead shall be allowed on top of these c;osts); and � (3) if it becomes necessary to movic ec�uipment from the Project site and thcn return it to the Project site wher�thc Work is ordcrcd to be resumed, an equitable adjustment to the Contract Sum %r the actual, necessary, and reasonable cast of these moves; provided, llawever, that no adjustment shall be due if the eyuipinent is moved ta a�iother Project site of the Owner. , . �, � . � � � , �. ' 1 ' i (�) This Cantr�ct sl�all be governed by tlie laws and case decisions of the 5tate of TexAs, without re�ard ta conflict of law or choice of law principles of Texas or of any other state. (b) This Contract is entered into subject to and controlleci by thc Charter and oi-dinances of tl�e City of Denton and all applicable laws, 1-ules, a�id reguiations of thc State ofTexas and lhe Governmcnt of the United States of Ainerica. The Contractor s13a11, during the perfonnance of the Work, comply with all applicable City codes and ordinauces, as amended, and all applicable Statc and Federal 1aws, rules and regulations, as amcnded. i' 1 • The Owner and the Contrackor respectrvely bind themselves, their partners, successprs, assigns, and 1ega1 represetttativ�s ta the promises, coi�enants, terrns, cc�ndilic�ns, and ��ligaticros ccwntainc:d in the Gontract i}ocuments. The Contractor shall nat assign, transfer, ar convey its interest or riglits in the Contract, in part or as a whole, without written consent of the Owner. lf the Contractor attempts to make an assigztment, transfer, c�r a�nveyance �v'sthout the`O�vner's written consent, the Contractor shall nevertheiess reinain legally responsible for all obligations under>the Contract Documents The Owner shall not assign any portion of the Contract Sum due or to become due under this Contract without the written consent of the Cantractor, except where assignment is compelled or allowed by court order, the tern�s of the Contract Documents, or ather operatian af ]aw. Except as otherwise provided in Article 16, any natice, payment, statement, ar demand required or permitted to be given under this Contract by either party to the �thcr may Uc effected by personal delivery in writing or by mail, postage prepaid to the Project Manager or Superintendent of either party, or to an of�icer, partner, or other designated representative af either party. Mailed notices shall be addressed to the parties at an address designated by each party, but each party may chan�;e its a�ldress by written n��tice i.n accordance with this section. Mailecl notiees shall be deemed communieated as c�f three (3} days after inailing. � . . ,� • � : � (a} The duties and obligatians imposecl on the C�ntractor by the Contract Documents �nd theri�hts and remedies available to the Owner under the Contract Documents shall be in addition.to, and not a limitation of, any�duties, obligations, rights,��attd re►nedies otherwise imposed or made availab]e � by law. (h) No action or failurc to act by the O�vner shail constitute a waiver of a right afforded tl�e Owner under the Contract Documents, nor shall any actian or failure to act by t11e Owner constitute approval of or acquiescence in a breach of the Contract by Contractor, except as may be specifically agreed in writing by Chat�ge Order of Supplcmental Abreement. 14.5 INTEREST The Owner shall nc�t be ]iable faa• interest on any progress or final payment to be made under the Contract Documents, except as may bc provided by the applicable prc�visions of the Prompt Payment Act, Ghapter 2251, Texas Government Cade, as amended, subject to Paragraph 9.G(a) of these Gei�eral Canditions. F 1 .., • ::� � ... � , . '�.. .., ', � :... t , � .. , �:! , ��..... � . �: , f i ,, ; �:� No officer or e�nployee of the Owner shall have a financial interest, direct or indirect, in any , Contract with the Owner, or be financially interested, directly or indirectly, in the sale to ihe Owner of a�iy land, materials, supplies or services, except on Uehalf of the Owner as ai1 officer or employee. Any violation of#his article shall constitute malfeasance in of�ice, and any of�icer or ' employee of Owner guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the kno�vledge, express �r implied, of the person, persons, partnership, compa��y, �n,' association or corporation cantracting with the'Owner shall render the Contraci involved voidable by the Owner's Gity�Manager or City�CounciL� 14.7 VENUE 'This Cantract is deemed to be perforineti in Denton County, Texas, and if legal action is necessary' to enforce this Contract, exclusive venue shall 1ie in Denton County, Texas. � ; il i " 1; � ' , 1' In perfarming the Work under this Contract, thexelationship between the Owner and the Contractor is that of an independent contractor. The Gontractor shall exercise independent judgment in performing the Wark and is solely responsible for setting working hours, scheduling or prioritizin� the Work flaw and determining the means and methods of performing the Work, subject only to the requirernents of the Contract Documents. No term or provision af this Cantract shall be construed as making the Contractor an,agent, servant, or employee of the Owner, or making the Contractor or any of the Contractor's employees, ag�nts, or servants eligible for the fringe benefits, such as retirernent, insurance and worker's compensation, which the Owner provides #o its employees_ . w � � ,; • � .: � : As a condition of this Contract, the Gontractar covenants that he will take all necessary actions to insure that, in connection with any work under tl�is Contract, the Contractor and its Subcontractors will not discriminate in the treatment or emplayment af any individual or �raups ofindividuals on the grounds of race, color, religion, nati�nal origin, age, sex, or handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangernents. The Contractor shall also comply with all applicablerequirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. in thi� regard, the ContractQr shall keep, retain and safeguard all records relating to his Contract or Work performed thereunder for a minimum period of three (3) years from final Contract completion, witlt full access allowed to authorized representatives of thc Owner, upon request, for purposes of evaluating coYnpliance with this and other provisions ofthe Contract. �, � � � . ,, (a) The Owner may terminate this Contract ii�rmediately if the Contractor has offered, conferred, or agrced to confer any bcnefit on a'City of Denton employee or off'iciai that the City of Denton employee or official is prohibited by law from accepting. (b) For purposes of this Article, "benefit" means anything reasonably re�ardeci as pecuniary ga.in or pecuniaty advantage, including benefit to any other person in whose welfare the beneficiary has a direct or suUstantial interest, but does not include a contribution or expcnditure made and reported in accordance with law. (c) Natwithstanding any other,legal remedies,,the Owner mayxeyuirc; the Contractar ta r�move any en�ployee of the Gantractor from the Project who has vioiated the restrictions of this Article or any similar State or Federal law, and obtain reimbursement for any expenditures made to the Contractor as a resutt of the improper offer, agreement ta confer, or conferring of a benefit to a City of Dentan employee or officiaL �� ' �•' 1 i, '.; �' '' i' 1 By execution of the Bui]ding Canstruction Services Agreement, the Gontractor grants the Owner the right to audit, at the Owner's election, all of the Contractor'sxecards ar�d billings relatin� to the performance of the Work under the Contract Documents. The Contractor agrees to retain its Pr�ject records for a mu�'rjnum af five (5) years following completion of the Work. The Owner agrees that it wiil exercise the rigl�t to audit only at reasonable hours. City may review any and all of the services performed by Contractor under this Contract. Any payment, settlement, satisfactian, or release made or provided during the course ofperformance of this Gantract shall be subject to City's rights as may be ciisclosed by a�� audit under tliis�section. , . � � � � .. This Contract is subject to the provisions ofthe Denton City Code, as amended, relating to requirements for filing a notice of a breach af contract claim against City. Contractor shall cainply with the requirements of this ordinance as a preconditian of any litigation reiating to this Contract, in additinn to all other requireincnts in ihis Contract rclatcd to clairns and notice of claims. � .,11 � ' 1 ! 1 i Contract Term T� ts the intention ofthe City ofDei�ton to award a contract far constnactian af the project as descri`bed in the cirawin�;s and spec;ificatians. Materials and servic� undertaken pursuarrt to this RFf' will be required to commence within faurteen (1�) days of delivery of a Notice to Pro , The services shall be accomplished per t�ie Scflpe of Work as ide'itified in Section III, the Procurement Process and Praeeclur� as autlineci in Section lI, and shall cs�nform to tlie requirements cantained in the Technical Specification in Exhibit 2, and Technical Drawings in Exhibit 3. The Cantract shall comme�ace u�on the issuance of a Notice to Pro by the City of Denton and shall automatically expire upon completion ofthe work and acceptance by the City af Denton. Prlcin� Only firm, lump sum pricinb with no escalatipn will be aUcepted fc�r:this praject. �'��+� ��i�a��r�t� Pricc adjustmcnts will not be allowed for this project unless a change in scope is approvcd that increases ar decreases the amount ofwork required. Requests or proposals for changes in scape must be submitted in writing with d�cumentati4n that provities justification for the change�and supportir�g evidence that describes the basis for the �cost �cl�ange. Upon receipt of such reyuest, the City of Denton reserves the right to either: accept the proposed change as competitive with the general market price at thc tinYe anc� issue appropriate authorizatians or reject the increases within �� t��i��r �� after receipt of a properly submitted request. No work shall be undei-taken on a proposed change unti] authorized by tlle City of Denton in the form ofa Purchase Order c}�ange a��d/or othcr documentation approprrate to amenduig tlte cantraet. The request can be sent by e-mail to: ��u:��i�� i�`� �� ea�?��.��.��, Or mail to: City of Denton Attn: Purchasing Manager Rr-�#s�s7 901 B Texas Street Denton, Texas 7b209 C�r call: City af Deuton Purcliasing (940) 349-7100 The City of Denton reserves tl-►e ri�ht to accept, reject, or iiegotiate any proposed price changes. ��sr�t�ti�s The quantilies indicated c>n the draw�rigs and in tlie Technical Specification are believed to be accurate but shall be considered only as estimates. The �roject requires complete and f-�nctional co�lstruction of the substation periinetei• fence in accordance with the dinnensions prese»ted on tlle project docunnents. Differences between tl�e quantities of material required and tIie estimated quantities will not be considered as basis for a change in the price for the project. In submitting a proposal, the proposer is stating thai he has reviewed the project drawings and specitications and understands their intent and has clteckeci the quantities and dimension and is asserting that the proposal is intended to account for all conditions and quaniities to cornplete the projeet as described in the plans and specification. Substitutions Substitutions are noC ;permitted without the written approval of the City of Denton Purchasing Department. 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 written addendum. For substitutions af�er contract award, this will be accomplished with a submittal request to the Architect/Engineer, and approval by the City representative, and issuance of a written contract change order. k��i+��i�-�t ��a�n�� x�i��t��a�,� �"�� The supplier sha11 not change specifications during the contract tenn without prior approval. Any deviation in the specifications or change in the product must'be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to the Project'Manager with the RFP number in the subject line, for review. Products fc►und to;have changed specifications without notification, and acceptance, will be rejected and must be removed frora the site at the supplier's expei�.se. Products that have been installed shall be replaced at the supplier's expense. ��t �i��t� The contractor agrees to indemnify and hold harmless the City from any claim invalvrng patent right infringement or copyrights on goods sup�lied. Asbestos Frec Matcrials The contractor shall �rovide asbestos-free materials as represented by the Manufacturer's "Materials Safety Data Slteets" �i�k�t�-�cr �r�i�. ]��ti��t�� +� ��r�� cr ��i%v�.r� �CGti��e��r��t ��t��'�� +�i��r��p� Any saftware, research, reparts siudies, data, photographs, negatives ar other dacuments, drawings or materials prepared by contractor in the performance of its obligations under this contract shall be the cxclusive property of thc City and all such materials shall be delivered to the City by the contractor upon completion, termuiation, or cancellation of this cantract. Contractor may, at its own expense, keep copies of all its writings for its personal fi1es. Contractor shall not use, wi11n1g1y allow, or cause to have such materials used for any purpose other than the performance of contractor's obligations under this contract without the prior written consent of the City; provided, however, that contractor shall be allowed to use non-confidentia] rnaterials for writing samples in pursuit ;of the work. The ownership rights described herein s�all include, Uut not be iimited to, the right to copy; publish, display, transfer, prepare derivative works, or ofiliei-wise use the works. ;�t�c�� vv 1��+��i��c�s �a�° ��.��v��;�� dhc ��nt�•.��i after Award _ _ ___ . Fqllowuig tlie Gontract award, ADDITIOI�IAL services of the same ,general category that could have been encompassed in the award of this contract, arid that are not ah•eady an tlie contract, may be added. A forrnal written rec�uest rnay be ser�t to successful Contractor to provide a proposal on the additional services and shall submit proposal lo the City as instructed. All submitted prices are subject to negotiation in accorc�ance with Tcxas Gavemmcnt Code '�254. The City may accept or reject the pr�posal, and i�iay issue a separatc RFQ for the scrvices reyucsted, after rejecting soinc, or all, c�f the proposal. The services covered under ihrs pravision shall conform to the statement oi� work, specifications, and requirements as outlined in the request. Contract changes shall be made in accordance with Lercal Government Gode 252.048. Samples Respondents must makc samples av�ilable in accorciance with tlle specification and upan request by the City-of Denton �rior to award with na costs to the City. Venue This agreement shall be governed by tlte law of the State ni' Texas and venue for its constructian and enforcement shall lie in the courts of Dentan Caunty, Texas. ��l+��a�+� �f ��i�� The apparent silence ofthese specifieations as to any detail or the apparent omission fram it ofia detailed de.scription concerning any point, shall be re�;arded as a meaning that the o�11y best comn�ercial practices are to prevail. All interpretations of thcsc specifications shall be made on the basis of this statement. �"��u� "�'�,�� s ln accordarsce witl' Tcxas Govcrnment Code 2258, the awarded contractor shall cai�ply with prevailing wa�e rates as defined by Yhe Unitcxi Statcs Department of Laboi- Davis-Bacon Wage Determination at ��i��.��`��s�a�.��a��'t��l��`��r�r€�c;��`c��r��i��3�� and at die Wage Determinations website ��m�� 1. �c��° for Denion County, Texas (WD-2509). Notwithstandin�; any other provision of this Contract, the awarded contractor hereby represents and warranfs tt�at the contractor shall pay to each of its employees a wage not less than what is currently known as the "Federal Minimurn Wa�e° and any increase or amendrnents thereto. Furtltermare, e;ontractor shall producc proof of compliance with this pravision by cvntractor ta the City. The City shall withhold payntents due to c:ontractor until contractor has compliecl with khis pravision. Prior to any 'payment bein�; anade for work satisfactorily completed and accepted, co�tractor shall submit wage rate affidavits with its billing docu�nents af�'u-ming that all employees have been paid nat less than the curtent "Federal Minimum Wage". ��ia�! ��r��it��e��r��ra�r�t�. The awarded cantractoc shall work �vith identified City staffto obtain the��necessary permits for construdion of the project. � '+ � Successful awarded contractor will be re:quired to sign original contract and submit a performance and pay�nent bonds far 100 percent af the total �ro��sal submitteci before work is ta commence. The contractor shall assuinc all costs in increasinb the band;limits if eh�nge orders are formally aP�roveci, Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amenc�ed. The City shaIl norn-►ally retum the propasat bonds within ten (]0) working c�ays after t11e propasal due e�ate, except��for the tl�ree top ranked firrz�. Tl�e�three top ranked frms �vill be retained �y�the City until � the rcquircd contract and bonds have been executed, after wl�ich they shail be returned. ' , 1 1 '�I 1 1, ' ' ■ 1, 1 � . , 1 � i � ' ' 1 ' The Contractor shall comply with the requiremec�ts of the Davis-Bacon Wage Act and the Wage Rate Requirements<under Section 1606 of kh� ?�ecovcry and Reinvestment Act (the Act) and shall indemnify the City from =liability for any failure t� pay wages in compliance witil the Act. The contractor shall ensure that all laborers and mechanics empioyed in the performance of the praject for which the assistance is.provideti, including those employed by subcontractors, are paid wages at rates not less'than those prevailing on similar wark in the l�cality as determined by the Secretary of Labor; in accordance with subchapter IV of chapter 31 of title 40, United Stat�s C�de (cammnnly referred to as the 'Davis- Bacon Aet'). The bidder wha is awarded the Cantract shall pay the wage rate in effe�t as ofthe date the Gontrad is awarded. The Cantractor shall cooperate with the City by providing information in the form and frequency requested by the Gity concerning the type of work per�ormed, the number of hours warked, and the houriy rates paid for the various types afwark performed by all workers on the Project. The Contractor �hall allaw City staff ta conduct on-site wage interviews and shall post information concerning the Act as rec�uested by the City, All contractors anci subcontractors must comply with Davis-Bacan Wage Rates and the W�e Rate Requirements af Section 1b06 of the Rea3very and Reinvestment Act �'' ; I ;: - �� . Note: Where necessary to make the context of these articles applicable to this award, the terin "Contrador" shall mean "Recipient" and the term "Subcontractox" shall inean "Subrecipient or Subcbntractor" per the fallawing definitions. RL'CZ�)1G'YlI %1lCr�llS C}le Oi�3ri1Zc3t10T19 individual, or other entity that receives an atvard from DOC and is financia3ly accauntable for the use of any DOE funds ar praperty pravided for the performance of the praject, and is legally respansible far carrying out the terms and conditions of t11e award. Scrbrecipient means the legal entity to which a subaward is made and wbich is accountable to the recipient for the use of the; funcis provided. The term may include foreign or international organizations (such as agencies ofthe United Natians}. (a) � De�rutior�.—"Sitc of thc work"— � � (1} Means-- � � (i} The primary site of the work. The physical �lace or places where khe construction called for in the award �vill remain when work on it is completed; and (ii) The secondary site of the work, if any. Any other site where a significant portion of the buildins or work is constructed, provided that such site is— (A) Located in t1Ye United 5tates; and (B) Established specifically for the performance of the award or project; (2) Except as provided in paragraph (3) ofthis definition, includes any fabrication plants, mobile factories, batch plants, bonow pits, job headquarters, tool yards, etc., provided— (i) They are dedicated exclusively, �r nearly so, to perforrnance of the award or:project; and ' (ii) They are adjacent or virtually adjacent to the "prirnary site of the work" as defined 'in paragraph (a)(l)(i), or the "secondary site of tlie work" as defined inparagraph (a)(1)(ii) of this definition; (3) Does not include pennanent home officcs, branch plant establisluncnts, fabrication plants, oi- tool yards oi a Contractor or subcontractor whose locations and continuance in operation are determined wholly withaut regard;ta a particular Federal award or praject. In addition, iabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a sup�lier of materials for the project before openu�� of Uids and not on the Project site, are not included -in tl�e "site of the work." Such permanent, previously establistYed facilities are not a part ofthe "site ofthe wc�rk" even ifthe operations for a period of tune may Ue dedicated exclusively or-nearly so, to the perforrnance ofa award. (b) (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and <not -less often than once a week, and without subsequent deduction or rebate on any account (except sucli payroll deductions as are permitted by re�ulations issued by the Secretary of Labor under the Copeland Act (29 CFI� Part 3)), the fu11 amount of wages and bona fide fringe benefits (ar cash equivalents ,thereofj due at time of payrnent computecl at rates not less than those contained in the wage deternwYation of the Secretary of Labor wllich is attaclted hereta and inade a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics, Any wage determination incor�orated for a secondary site of the work shall be eff�ctive froan the frst day on which work under the award was performec� at that site and shall be incorporated without any adjustment in award price or estirnatetl cost. Laborers employed by the canstructian Contractor or construction subcontractor that are tca�lsporting portions ' of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage deterniination applicable to the prirrtary site of the work. (2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b}(2) of the Davis-�acon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject ta the provisions of paragraph (e) of this article; also, regular contributions made or casts incurred for ntorc than a weckly period (but not less often than quarterly) under plans, funds, or programs w�ich caver the particular weekly period, are deemed to be constructively made or incurred during such period. (3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wa�e detennination for tl�e classifcation ofwork actually performed, without regard to skill, except as provided in the article entitled Apprentices and Trainees. Laborecs or mechanics perforining work in'more than one classifieation may be compensated at tlie rate specified for each classification for the time actually worked thereui; provided, that the employer's payroll records accurately set farth the time spent in eacl, classificatian in which work is perfonned. (4) The �vage determination (ineluding any additional classifications and wage rates conformed under p�ra�;raph (c) afthis article) and tlle Davis-Bacon poster (WH-1321) shall be posted at all times by the C'c�ntractor and its subcantractors at the site of the work in a grominent and accessible }�lace where it can be easily seen by the warkers. (c) (1) The Contracting Officer shall require that arty class of laborers or mechanics which is not listed iti the wage determination and which is to be emplayed under the award shall be classifted in conformance with the wage determination. Thc Contracting Of�'icer shall approve an additional classificat�on and'w�ge rate and fringe benefits therefore only��wlien aI] the follow�ng criteria have be�n �rnet: � � �� (i) "I'he work to be performeci by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relatianship to the wage rates cantained in the wage detenninatic�n {�} If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives and thc Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report ofthe action taken shall be sent by the Contracting Officer to the Administrator of`the: Wa�e and Hour`Division - Em�loyment Standards Administration U.S. Department of Labor Wa.shington, DC 20210 The Administrator or an authorized xepresentative will approve, �nodify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify �the Gontracling �Officer within �the 30-day period �Yhat additional time is necessary. (3} 1n the event the Contractor, the laborers ar inechanics to be employed in the classification, or their representatir�es, and the Contracting Officer do not agree on the proposed classification and wage rate (including the arnaunt designated for fringe benefits, where appropriate), the Gontractiilg Officer shall refer t11e questions, including the views of all interested parties and the reco�runendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for �determination. The �Adr��inistrator, �or an auth�rized �representative, �will issue a� detenr�ination within 30:days of receipt and so advise the Contracting Officer or will notify the Contracting Officer�within the 30-day�period �that additional tirt�e �is necessary. (4) The wage rate (including firinge benehts, where appropriatej determined pursuant ta subparagraphs (c)(2) a��d'(c)(3) ofthis article shall be paid to all workers'performing work in the classi#ication under this award frc�m tihe first-day on wliic�� work� is perform�3 in �the classitication. (d) Whenever tlie miniinum wa�;e rate preseriUc�3 in the award far a class of laborers or mechanics includes a frin�;e benefit which is not expressed as an hourly rate, the Contractor shall either pay thc bei�efit as stdted� in�the �wa�e �leterrnination ��r shall pay another�boi�a fide fringe benefit or an hourly casli equivalent thereof. � �� (e} If the Gontractor does not� make payn�ents to �a trustee or other third persan,�� the��Contractor may consider as �art of the wages of arty labarer or mechanic the amount of any cvsts reasonably anticipated in providing bona fide fringc benefits under a ptari or prograzn; :provided, that the'` Secretary af Labor has found, u�on the written request af tlle Contractar, that the applicable standards af the Davis Bacon Act have been met. The Secretary of Labor may` require the Gontrac,�tar tc� set aside in a separate �ccc�unt assets for the meeting of obligations under the plan or pra�;ram. Rates of Wages The �ninimuin wages ta �e paid laborers and'mechanics under this award inv�3ved in performance of work at the project site, as deterrnined by the Seeretary of Labor to be prevailing for the corresponding classes oilaborers and mechanics employed on projects of a character similarto the contraet work in the pertinent locality, are included as an attachment to tfiis av��ard. These wage rates are•minimum rates and are not intended to represent the actual wa�e rate� that the Contractor may'have to pay. 4'�.. 1��.:. i �' 1 i" 1..;.. (a} Payrolls and basic records relating thereto sha]I be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafterSor all labarers and mechanics working at tl�e site of tl�e work. Such'recards shall cotitain the name, address, and last 4 digits of the social security number of each such worker, his or her correct classification, hourly rates of wages ��aid (including rates of cantributions or costs anticipated for bona fide `fringe `benefits ar cash equivalents thereof of the types described in secfiion I(b) (2) (B� of the Davis-Bacon Act), daily and ��eekly nurnber of hours worked, deductions rnade, and actual wages paid. Wlienever the Secrelary af Labor has found, under paragraph (d) of the article eniitled Davis-Bacon Act, tl�at the wabes of any labarer or mechanic include the atnaunt of any costs reasanably anticipated in providing benefits under n plan or progr�m described in section 1(b)(2)(B) ofthe Davis-Bacon Act, the Contractor shall maintain records which show that the commitinent to provide such henetits is enforccable, that the plan ar progr�m is financially responsible, and that the plan or probr'am l�as been cainmunicated in writing to the laborers or mechanics affected, and records whicli show the costs anticipated or the actual cost incurred in providing such benefits. Contractors emplaying apprentices c}r trainees undei- apPmved �rograms shail maintain written evidence af#�ie registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicahle programs. � (b) (1) The Contraetor shall submit weekiy for each week in which any a�vard work is performed a copy � of all payrolls to the Contracting Officer. The payrolls submitted shall set ou# accurately and ' cc�mptetely all of the infarmation rec�uired to be maintained under paragraph (a} of this article. This infar�nation rnay be submitte�l in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available tor this purpose and may be purchased from the -- Superintendent of Documents U.S. Government Printing Ot�ice Washington, DC 2O402 The Printe Contractor is responsibfe fnr the submission of copies of payrolls by all .• (2) Each payroll submitted shall be aecompanieci by a"Statement of Gompliance,"-sibned by the Contr3ctor ar suhcontractar or his or her agccat who pays or supervises the payment af the persons employed under the award and sball certify— �, . . �. � � - � � -w :� .- -,i �- . .� . � • . • . � • . - ,.� • . . � � . • � � •I� 1 , ! � i 1 �" , �. � : • � "• � i [ � � � � ' � .i' ' � 1 .... :1 1 � , ' .. :.. � � - � ..:. :! � '�. �', . �. �. �.: 1 � �: �� t : � �. :� ._.... � i '� � � . 1....:�: �; ,�: � ' � ( �: � - . f 1 . 1 �: . *� ' ii*., 1� � ' �.;.-. - , ! :� ' . _ � ._ .... . ;.:�. • '. � #�:' :�.:� ..:... �. � " ��.- � . 1 . � . • ' �'�. �:- � � � �'� � fi . ' • � 1' 1 i' ir ' � i • f" � •� c, • ' � � r r ♦ r � r -� -� r ��. .�'' � � .; - � � � r � • ,w� � w r � � r ' � � - �:; �- r. 1i � : :, � � ' r � :� + - . . ♦ • r ., • , ,', . . � � -� .� � - �, . . . � . . .► � �- � a � • � � '! � �; � -� - - - � - i , •' r - !-�. - � .'�• � . r � � � • �- • T �' � _� _ � � , *• � - � �. • ,ra � r � c. � � + � �r + s �, � • a � � �� -� - • �; � • • + •, . � _ � r- � � � � �. � - � � �� r � � r� :� . � f, ♦s , � � #'; � I'_� ', � � . t ► R ithholding of Funds The Contracting Officer shall, upon his or her own actian or upon written request of an avthorized representative of the Department of Labor, withhpld or cause to be withheld from the Contractor under this award or any other Federal award with the sarne Prime Contractar, or any other federally assisted award subjeet to Davis-Bacon prevailin�; wa�e requirements, which is held by the same Prime Contractor, so inuch of the accrued payments or advances �as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontra�ctc�r the full amaunt af wages required by the award. 1n the event of failure to pay any laborer or mechanic, including any apprentice, trainee, ar helper, employed or working on the site of the work, all or part of tlie wages reyuired i�y the award, the Contracting Officer:t�lay, aft�r svritten notice to the Contractor, take such action as may be necessary ta cause the suspension af any turther payment, advarlc�, o�� guarantee of funds until such violatio��s have ceased. Apprcntices and Trainees (a) Appre►ltices. (1) An appr�ntice will be permitted to work at less than the predetennined i-ate for the work they �erformed wl�en they are employecl— (i} i'ursua�it to and individually registered in a bona fide apprenticeship program registered with the U.S. Departtnent of Labc�r, Ernployment and Training Administratian, Office of Apprenticeship axid Train'vi�, Employcr, and Labor Services (OATELS) ar with a State Apprenticeship`Agency recognized by the OATELS; ar (ii) In the first 90 days o� probationary employrnent as an apprentice in such an aPprenticeship program, cven thou�h not individually registered in the program, if certified by the OATELS or a State Apprenticesfiip Agency (where appropriate} ta be eligible for probationary em�loyn�ent as an apprentiee. (2) The allowable ratio of apprentices to journeyrnen on the job site ist any c,7aft classification shall not be greater than the ratia permitted to the Contractor,as to'the entirc wark force under the registered program. (3) Any worker listed on a payroll at an apprentice �vage rate, who is not re�;istered �r otherwise employect as stated -in para�,�raph (a)(l) af this article, shall be paid not less than the applicable wage determination far the classification of work actually performed. In addition, any;apprentice performing work on the job site in excess of the ratio permitted under the registered program shalf be paid nc�t less than the applicable wage rate on the wage determination for tlie work actually performed. (4) Where a cantractor is performing canstruction on a project in a locality other than that in which its program is registered, thc ratios and �s�age rates (expressed' in perccnta�es of the journeyman's haurly rate} specifier� in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less tt�an the rate specified in the re�;istered prograin far the apprenticc's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (5) Apprentices shall be paid fringe benefits in accorciance with the provisions of the apprenticeship program. [f the apprenticeship program does not specify fringe benefits, apprentices must be paid the full am�unt of fringe benefits listed on the wage determination £c�r the applicable �classitication. If the Administrator deterrt�ines��that a diiferent practice prevails fcrr the applicable apprei�tice classification, frin�es shail be paid in accardance with that determination. (fi) 1n the event OATELS, or a State Apprenticesi i� Agency recognized by OATELS, withdraws approval of an apprenticesh�ip pragrain, the Con#ractor will no,longer be permitted to utilize apprentices at ]ess �than the applicable predetermined rate for the�work �perfonned until an acceptable program is approved. (b) Trainces. (1,} Except as pravided in 29 CFT� 5.16, trainees will �iot be pertniYted to work at less than the predetennii�ed rate for tl�e work performed unless they are emplpyed pursuant to and individually registered in a pragram which lta5 received prior a�proval, eviclenced by fo�•n�al certification Uy ihe U.S. Department of Labor, Employment and Training Admi.nistration, Office of Apprenticeship Traini�ig, Employer, and'Labor Services (OATELS}. Tl3e ratio of , trainees to jaurneymen qn -the job site shall not be greater than pennitted under the plan approved by OATELS. (2) Every trainee must be paid at not less than the rate specified in the approved pro�ram for the < trainee's level of progress, expressed as a percentage of the journeyrnan hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefiis in accardance with the provisions of the trainee program. lfthe trainee program';does n�t menttan fringe , benefits, trainees shall be paid the full amount of fringe benefits listed -in the wage; detennirtation` unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program assaciated with the corresponding journeyman wage rate in the wage determination which pravides for less than full fringe benefits for apprentices. Any employee listed on the payrall at a trainee rate that is not registered and participating in a trainin� plan appraverl by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification -of work `actually performed. In addrtio�l, any trainee performing work on the j�b site in excess of the ratio permitted under the regi�tereci program shall be paid not less than the applicable wage rate in tlie wage deternunation for the wark actually performed. (3)' In the event OATELS withdraws approval of a training program, the Contractor will na longer be perrnitted to utilizc trainees at less than the applicahle predetermined rate for the work perfonned until ari acceptable program is approved. � c � • �� .�� • • � �• �- � r -� . � •�� ` .+ � • �- �r �•� � ' ' ' 1' � i'�, i�• �� '-i The'Gontractor sl�all �comply with �the requirements of 29 �CFR �Part 3, which are �hereby �incorporated by reference in this award. Subcontracts (Labar Standards) (a) Definition. "Construction, alteration or repair," as used in this article means a11 t}pes of work done vy laborers and mec�anics employed by the constructian Contractor or construction subcontractor on a particular building or work at the site thereaf, including withoutlimitation-- (1) Altering, remodeling, installation (if appropriate) �on the site ofthe�work of items fabricated off-site; (2) Painting ar�d decorating; (3) Manufacturing or furnishing of materials, articles, supplies, or eyuipment an the site of the building or work; (4) Transportation af materials and supp�ies between the site af the work within the meaning of paragraphs (a){1)(i) and (ii) of the "site of the work" as defined 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 deerncd pa�t csfthe site ofthe �varkwithin tlle meanin�; ofparagragh (2) ofthe "site of «�ork" definition; and (5) Transgartation �f portions of the building or work between a secondary site where a significant po�tion of the building ar work is constructed, which is part bf the "site of the work" definition in para�ra�h (a} (l) (ii} of the Da��is-Bacon Act article, and the physicAl place or places where the buildin� or ��vork will remaiq (paragra�h (a).(1) (i) of the Davis Bacon Act article, in the "site of the work" definition}. (b) The Gontractor or subcontracror shall insert in any subcontracts for construction, alteratians and repairs within the United States the ��articies ent.itled— � � (1)'Davis-Bacan Act; (2} Contract Work Haurs and Sa%ty Standards Act -- Overtime Compensation {if the article is included in this award}; (3) Apprentices and Trainees; (4) Payrolls and Basic Records; (5) Compliance with Copeland Act Rc�uirements; (6) WitYiholdingofFunds; (7) Subcontracts (Labor Standards); (8) Cantract Terntuiation – DeUannett#; (9) Disputes Concemin� Labor Standards; (10) �� Complianee with Davis-Bacon and Related �Act ��Regulations; and (11) � C'ertification of Eligibility_ (c) The Prime Contractor shall be responsible for compliance by any subcontractor or lowEr tier subcontractor perforcning construction within the United States with' all the award articles cited in para�,naph (b). {d) (l) Within 14 days after issuance of ihe award, the Gontractor shall deliver ta tlie Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknawledgment, for each � subcontract for construction wittiin the United States, inclucling the subcontractor's signed and dated acknawledgment 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 subr.ontract the Contractor shall deliver to the Contracting Officer an updaled completed SF 1413 for suclt additional subcantract. (e) The Caritractor shall inseri tlie substance of tl7is article, including this paragraph (e) in all subcontracts for construction within the United States. " � � � A hreach af the award articles entitled Davis-Bacon Act, Contract' Work Hours and Safety Standards Act ' -- Overtime Cornpetisation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Gopeland Act Requuements, Subcontraets (Labvr Standards), Compliance with Davis-8acan and Related Act Regulations, or Certification of Eligibility may be grounds for terminatian af the whole award or in' part for the Recovery Act covered work only, and for debarment as a Co»tractoX and subcontractor as provided in 29 CFR 5.12. i � 1 t. i �. ,�', . i All rulings and interpretations of the'Davis-Bacan and ;Related Acts contaitted in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this award. Disputes Concerning Labor Standards The Unitc� States Dcpartment of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes coneemin� laUor standards requirements. Such disputes sha11 be resolved in accordance with thase procedures and not the Disputes and Appeals as dcfined in 10 CFR 60Q22. Disputes within the mcaning af this article' include disputes- hetween the Contractor (and any of its subcontractors) a:nd the contrading agency, the U.S. Department of Labor, or the employees or their representatives. Ccrtification of Eligibility (a} By enterin�; into this award, the Contractor cettifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government awards by virtue of section 3(a) of the Davis-Bacan Act or 29 CFR 5.12(a)(1 }. (b) No part o€ this award shall be suhcontracted to any person or firm inetigible for award of a Government award by virtue ofsection 3(a) ofthe Davis=Bacon Act or 29 CFR 5.12(a)(I)_ (c) The penalty for making �alse statements is prescribe<i in the U.S. Criminal Code, 18 U.S.C, 1001, - � a u � � ,, All straight time wage rates, and overtime rates based thcreon, for laborers and mechanics en�aged in work under this award must be submittcd far approval in writing by the head of the contracting activity or a representative cxpressly designated for this purpose, if the straight time wages excee� the rates for corresponding classifications contailled �� in tiie applicable Davis-Bacon � Act minimurn wage deterrnination included in the award. Any amount paid by the Contractor to any laborer pr mechanic in excess of the agency approveci wage rate shall be at the expense of the Contractor'and 'shal� not be reimbursed by the Government. If the Govemment refuses to authorize the use of the overtime, the Cc�ntractor is not releasc� from thc obligation to pay employees at the required overtin�e rates for any overt.ime actualiy warked. BUY AMERICAN ACT CO�i��,[�C�� i��`�� The Contractor acknnwledges to and for the benefrt ofthe City of enton that it understands the goods and services under this Agreement are being funded with manies m�de available by the American Reinvestment and Recovery Act of 2009 (Recovery Act) (or are being made available for a pt�oject being fundecl with monies made availabl� by tlie Recovery Act) and section 1605 of such law contains provisinns commonly known as "Buy-A�erican." The $uy American requirement prohibits tl�e use of Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public ;building or puUlic work unless alI of the iron, steel„and manufactured �oods used in the project are produced in the Uniteci States ("Buy- American requirement"� including iron, sfieel, and inanufactured goods provided by the Cantractor pursuant to this Agreement. The Contractar hereby represents and warrants to and for ihe benefit of the Department of Energy (DOE) grantee that (a) the Cantractor has reviewed and understands the Buy American requirement, (b) all of the iron, steel, and manufactured goads useai in the project v✓ill be and/or tiave been produced in the United States in a manner that complies witl� t}�e Buy American reyuirement, unless an exception to the requirement is appravoci, and (c) the Contractor will provide any further verified infarmati�n, certificatian or assurance of compliance with this paragraph, or informaYion necessary to support an exception to the Buy American requirement, as rnay be -requested by the DaE grantee or bOE. Notwithstanding any other proVision of this Agreement, any iailure ta comply with this paragraph by the Contractor shall permit t]ie DOE gr2ntee to recover as damages against the Contractor any loss, expense ar cost (including withoUt limitation attorney's fees) incurred by the DOE grantee resultin�; from any such failure -(including without limitation any impairrnent or loss of funding, whether in tvhole or in part from DOE). Neither this paragraph (nor any provision of this;Agreement nece.ss�y to give this paragraph force or effect) shall be amended or waived without the prior wr�tien consent of the D(�E grantee. . �, . ., . .; . ...,., .,., c,.u.....�.. - � - r • � ' � ' � � � , , � " � • • � • . 1 • � . � ! , ' • / ' ` • 1 I •, 11" . •� '� � ; ` / ' ! /' ' .i..I zir / ,. , a. Dcfinitions. As used in this award term and candition-- (7} Manufactured �;ood means a good brought to the canstruction site for incarparation inta the building ar work tliat has been— (i) Processed into a specific farm and shape; or (ii) Combi�ied with other raw material to�create a material that has different properties than the prope�ties ofthe individual ra�� mater'rals. � (2) Public building and public work means a public builc�in� of; and a public work of, a governmental entity (tl�e United States; the District of Golumbia; commonwealths, territaries, and minor outlying islands of the United States; State and local governments; and mutti- State, regional, ar intcrstate entitics which have gor,�ernmentttl functions). These buildings and works �nay include, witllout limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, inains, power lines, pumpin� stations, heavy generators, railways, airports, tenninals, docks, piers, wliarves, ways, li�htliouses, buoys, jetties, breakwaters, levees, and canals, and the constiuction, alteration, maintei�ance, or repair'of such buildings and works. (3) Steel means a�i alloy that includes at least 50 percent iron, between .02 and 2 percent carUo�is, and may include other elements. b. Domestic preference. (1) This award term and canditiQn iniplements Sectian 16a5 of the American Recc�verv anci Reim�estment Act of 2009 (Recovery Act) (Pub. L. 111--5), by,requiring that all'iron, steel, and man�factured goads used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) �f this section and condition. (2) This requurement does not apply to the material iisted by the Federal Government as follows: [Award official to list'applicable excepted inaterials or indicate "none"] (3) The award official may add other iron, steel, a»d/or manufactured goods to the list in paragraph (b){2) of this section and condition if the Federal Government determines that-- (i) Thc cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufaciured goods used in the project is unreasonable w�en the cumulative cost of such material will increase the cost of the overall project by more than 25;percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured m the United States in suf�"icient and reasonably available quantities and of a satisfactory quality; or (iii)The application of the restriction �f section 1605 of the Recovery Act would be inconsistent with the public interest. e. Request for determination of inapplicability of Sectian 1605 of the Recovery Act. (1) Any recipient ret�uest to use :foreign iron, steel, and/or manufactured goods in accordance with para�raph (b) (3) of this section shail include adequate uiformation for Federal Government valuation ofthe request, including— (A)A description of the foreign and dotnestic iron, steel� and/or manufactured goods; � (B) Unit of ineasure; (C) Quantity; (D) Cost; (E) Tune of delivery or availability; (F) Location of the project; � � � (G)Name and address ofthe proposed supplier; and (fI)A detailed justification of the reason tor use of foreign iron, steel, a�-�d/or manufactured goods cited �� accorda�ice with parngraph (b) (3) of this section. (i) A request based ou unreasonable cost sllall include a reasonable survey of the market and a comp1eted cast a�mparison table in the format in paragraph (d) �fthis section. (ii) Tl�e cost of' iron, steel, and/or manufactured goods mat�rial shall include all delive�y costs to the �;�nstruction site and any applicable duty. �List (iii}Any recipicnt request for a dete�-'itination suhznitted after Rccavcry Act fur�ds have been �bligated for�a pro�ect for�co�tstruction, alteration, maintenance, or repair� sl�all explain why the recipient coald not reasonably foresee the need for suc;l� deterniination'and could not have req�estec3 the dctermic�ation before the funds were obligated. If the reeipient does not sub�nit a satisfactory explanation, the award official necd not make a determinatian. � � (2) If <the Federal Government determines after funds have been abli�ated for a praject for constructioti, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the aw.ard offici�tl will amend the award to `allow use of the foreign iron, steei, and/or'relevant manufactured gaods. VVhen the basis for the,exception is non- availability or public interest, the amended award shall reflect 'adjustment of tl�e award amaunt, redistribution �f budgeted funds, and/or other actions taicen to cover costs associated with acquiring or using the 'foreign iron, steel, and/or relevant manuiactured goods. 'When the basis for the exceptic�n is :the unreasanable cost of the domescic- iron, steel, ar manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential e�tablished'in 2 CFI� 176.110{a}. (3) Unless the Federal Government determines that an exception ta section 1b05 of the Recovery Act applies, use af foreign iron, steel, and/or manufactured gt�ods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit �valuation ofrequests under paragraph (b) ofthis section based on unreasonaUle cost, the Recipient shall include the following information and any applicable supporting daEa based on the survey o f suppliers: � � 1i � r �: � _�.�.. ..,�.��._.�_.�.._..�.s,—�,r.� �. _� �.�_ � W.�.�. Cost DescripUon Urut of Measure QuanNts� '(dollars)* Itc,n 1,� Fareign steei, irat�, or manui'actured gocxi Domestic steel, iron, or manufactured �ood IPc:m 1: Farei�n steel, iron , or manufactured �;ood Dcrmestic sfeel, iron, or manufactnrcd �ood �� name, address, telephone number, email address, and contact for suppliers surveyed. Attacl� capy ofresponse; iforal; aitach summary. � ' ° lnclucle other applicable supporting information. *lnclude all delivery costs to the constructipn sitc. � � � ...,, � � i �• � �.: � � � i �.� � .;i � ��.��; a � � �,;.. � � � ..:� ........ i* • • � i� i �� !� � � !. ! 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' � ', � - • ��.. �.� � : �� , � . �� ' � - � .�. ', � � . � ��. ,r _ ��:� ., 1 - � �: � �� ; � � � 1 '. ��, � '- � + ' ��. , � . � ' � �. �� '�. + '� r - � �':� -. '�� ..'�. 1'�'�. � I +� �' � �' �' ` � ' * I��'� "1'�. �',� � •. 1 .�.��. ..I� �. �' ��:'�. . � � ,I �' r '..�• " �... � • 1 ��.. .I (�� . � L : ��. � . # '� '�. . � �: / ' ��.: � 1 � �: ��. � . I'� � �� - � 1 �... 1 '. � l :i ,. : �� •., ', � - �. ��. � -� � - # : ! -� � ..1 . ' 1 � ��. '�, � �.'.: � � ..-. � . - � ' ' � ��. ^' � .. �I � w � ',.. , �'�. � s � � ' .: '�, � . � ' : �'� � � ��. �.... • ' !�. �';.. - � l'., 1 ' .•. � '�: ' � . ' � � ',,�, � '` � . � . � ' �, . � ��:: : ��. � " r.. �: � - ,." � � • '� + � �.:.: r � '.. ,. ':� f. ��.. . � ��. ��, � !' .... ��. ��' � � ��: ��, ��, �.1 - 1 ....'�. � ' 1 ��. � _ �.:� s; • � � � . � ' � �' :' +��. • * � �.l�� '��. � ' # : �.� * � : �'�. � . � • ' PROVIDED FURTHER, that if any legal action be filed upan this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or ta the Work to be performed thereunder, or to the Plans, Specifacations, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terins of the Contract, or to the Work to be perfornied thereunder, or to the Plans, Specificatians, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Gavernment Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whoin service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the lnsurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instiument is executed in �Three copies, each one of which shall be deemed an original, this the 18th day of February ,, 2d16 . I� �Y; ��--. ,�° SECRETARY �-- � I: IT�II �f.��i � � B Y: �� _ . .. .. F .�, ..: _� .��- �r��r�� C��nc��r�, lr��'��r�� The Resident Agent of the Surety in Denton County, PRINCIPAL � �i �.� � �r��t�on, LLP, BY: �� - — l�i�l��;��. ;P�.�, ., SURETY Philadelphia lndemnity Insurance Company � �� BY: , . _„ .. - ��' �a,�`=fi�l� ',� �'� E��• t�y K. Cox Texas for delivery of notice and ��•vi��:: of the process is: . � :� � ► . ��.; * 1 ' '� - : � !1 �, �1 � 1, , '. 'i :� � �� , � � '' �• �• � i �� r � � � ' ' . i � �. �:� ��r:�r��►:� • � r • �• '; i �', � i � i � � i .....'� � ; � � R ....: � - 1��. � _.... � �, 1..: � ,�i . ��..� . ..��. � • �� .. ��. ' r � ' �.; �' .... � 1 -. ,. _ �. . , * ....' . ,, .'. � .. . . 1 '�.. � �.'��:� � :1,. ' .;., _ _ 1��.. :. � � � �.'., N !. �� " .� � � ' # �� . . M r ��. ��.. � � � �r:. � � � � . • .� # _.. . �, �,. � ' ��. ' � ..... # '.. + '.. +.,. ' r,. :��. ' � '�� - �� ' r � . �' � ��. � � ......... � �,,, � � ., � ,.. � �, � � � ,,: 1 � � � �;�� ; � ��.� � :� � ....; � � ,.:. � , �:- y ��. ' � ' '. � 1��. - � i w � � � - ��.. ��:� � �. ', .. ' . !�� ' •', ., ' . ',,. � .��. � �I � • R ' � � � r � ' � - � � �'� � � � .'. ��.. � . 1��.. '�. ��.. � , .... ! �'��.. . � �., . � #., �� ' 1 . � ;.' - i: ! 1 ',, . :�,, � " ". / 1 �: ��... # �. ��. + - � � '�.. / / - c�... w ' � , �..', � � !'. .' - ��. � ' � �'�,' � � � - � A ?a - ' ��. l ! � � ' � i 1 �' � i � :� �, � + ... . * 1'��. � ' ��. , � : .� �.. • ��. . . #'� + . �. �: � 1�. ^,^ ' t � � �. � :� .. • � -�� ' • ' � 1 . . ,..- 1 r ,.. � � ♦� � ' ' ...I. � � r.. �:.. � � ��. ! w ��.. ��' � � ��.. _ _ � .'.. . � •. � � .., • . _ . "� �'� ,' � � ��, �, � i1• 1 � �' � 1i,- �',,, � r /' � � - �, , r , � ' � � � ,, � � ' �, � . N �� M 1., � � *-, � � � �, � �� . � � �� ' .�� M, �, ' � 1��.....,' � � � � � ��:��. � � �.. ��.,` � � � �. .;... � . � �.. �' . 1 t� ' ��. i �a � r � . � � . . , - -, - �- , .�- � - � �� _ �- # -� � - -� �• �. • r- • y t + �- PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. . l '"#' � � " " � . -. . r ,� - # .- - � � � a ,�� • + � � � - � � �- �- -� - - i- r • - ' . r- . • � � - . r �, + - . - • �� ■, � � :,� � . � ��- � .� r - � .; � +- 1 • r .�� t � � r' �; � r- ► a -�' �'��.. � � � �" , �.;� � . �.. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Gavernment Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 ofthe Insurance Code, V�rnon°s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrwnent is executed in �3 Three copies, each one of which shall be deemed an original, this the 18th day of Februa , 2016 • � � �Y; . -�� °�� a � �..w��w.......0 .._._. SECRETARY ��` ATTEST: � BY: �.��. „��" ��~��m��"~ Trenae Donovan, Witness : � Philadel f�ia lndemn��r l�� ,�nce �c�t�rp�r��r � _ �,�� m� BY; A�r _ ��.�� °� ,��.'��r��y K: �� `�Ty _.�.�.�-��` . The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: William D. aldwin STREET ADDRESS: 5930 Preston View Blvd., Suite 200, Dallas, TX 75240 (NOTE: Date of Payrraent Band must be date of Contract. If Resident Agent is not a corporation, give a pea^son's name.) � fi �" `TI � �'� �bt�fr� i��r��i�r� �r ��k� � �c�rropl�i�t: Y°�� r�� I� th� ��r�ty"� t��6 fr�� t��h�r�� rr�b�r f�r ir�f�rr��ti�� r r��k� � ��r�pi�sr�t �t. � Yca� r��y �6�� writ� �hii�d�lph�� i�d�r�r��i� I��r�r�� p�rty �t: � �� ,� ro `r�.i � . �°�� t��y ��t��t k�� °�`�� rtr�� f Ir��r�� t� �bt�°sr� 4�f� �ti�� rr�p��i��, �c��r�g�, r&ght� �r ��pl�6�t� �fi , �� `�� rs�� rit� th� �'�� C��rtr��r�t �f ��r�r�� : . , ac � � t�r� "� � �1 _ � 1 7 -� 7?� : �t��T� ��a�t��.��,�� ils ��r��s��s��i��i�.��.�� 6t� �L.�� t��`��: �h�t�id ��ta h��r� � �ispa�t� ��a�er�ir�g ��r pr�r�i�r� �r ��t � cl `r�, y�� sh�� r�t��t th� ��r� f�r�t. If th� di�p�t� i� ��t r��aiv�d, ycz� ��y r�i�� tt�� T`�� p�rCrr��rt �� ir��r��. � ��F� Th�l� �C�il�� T' �°��1� �� : `fhi� ��t�� i� f�r ir�f�r�� r��y ��d d��s �t�t b��rr�� r� �r nd�t��r� �f th� �tt��h d��r��r�t. �1 1 � � °� "� ��r� c�b�� i�F�rrr�� p�r� ��r��er �ar�� q��j�; �J�t��i �� il�rr��r �i ��r��r� d� t��:��r��s gr�$i� d� s�� i��rr��c��r� � p�r� �c�rt��t�r �r�� :�� 8� �; � l��t�d t�r��i�r� p��d� ��r&bir � �hil�d�lp�i� �r�d�rrr�ity i��r�r�� rr�p�roy: � � � ;� � ,,, *�:, � � "',<<� �v: ��e�� rrt��i��r�� r� �I ��p�r��rx�� d� ��g�r�� d� T`�� p�r� �bt�r��r €r�fc�rrr��6�� r�� d� �e�r�p�s��, �� r��ar��4 d�r��h�� s q��j�� i: �� ri�ir �I �p��r��t� d� � �r�� T"��, , 4 � �� t�r�� 7 �� 1 � � 7 a�77°� � , �°�t't�:l��+ ��...��.��,�� il: ��sr��z��r��ra��r��i��=�� t�.�� I��l��°�� [�fi�� t7 E� ��; �€ t�� ta�� d��p�t� ��r��rr�i�t�� prirra� c� ��rt r��l�r��, debe �c�r��sr�i��r�� n �� r�ty �rir��rc�, �� r�� r��f�� f� d6�p�t�, p��d� �t�t�r�� rnur�i rr�� 6 d�p�rt��r�t�a �i��l}, 11 � �i�� 6�C� � ��1 �i� �� T`i�. ��t� ��i�� t�@� p�� pr�pc��tcs d� �r�f�r�°a��s� � �� c��rt�. �� p�r�� di�i�r� d�l d��rr��r�t� �d�t�r�t�� ! �. PHILAD�LPHIA IND�MNITY INSURANC� COMPANY One Bala Plaza, Suite l00 Bata Cynwyd, PA 19004 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILAD�LPHIA IND�MNITY INSURANCE CdMPANY (the Company), a corporation arganized and existing under the [aws of the Commonwealth of Pennsy(vania, does hereby constitute and appoint: WaClistm 1}. 13altlrvirs 131�ir�e �1�Icn f3rcnf i�s�lc�rria�- ISrsack ESa�l�f�vir� '4��1��s�f 1#. f�i11. fi'I€�nd�sr �r�srim�ra�, i3rst��v �. �'epx ��s�.!s 1�'ru�of�l irf i�w�tl�vi��-C'��:1�+e��c�9 ��t�{� Its true and lawfut Attorney(s} in fact with Full autharity to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereaf, issued in the eaurse of its business and to bind the Company thereby, in an amount not ta exceed ��.i!{�(i,il(�i� This Power of Attorney is granted and is signed and sealed by facsimile under and by the autharity of the foltowing Resalution adopted by the Board af Directars of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1 s` day of July, 20l 1. (sea�} R�SdLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s} in Fact and authorize the Attorney(s} in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2} ta remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER R�SdLViD: That the signatures of such officers and the seal of the Company rnay be affixed to any such Power of Attomey or certificate relating thereta by facsimite, and any such Power af Attorney so executed and certified by facsimile signatures and f'acsimile seal shal( be valid and binding upon the Campany in the future with the respect ta any bond or undertaking to which it is attached. � .� ! i' � 1: � r R �.. ., , !C • �; , � �i R. ! .. ,. ��_� Robert D. O'Leary Jr., President & CEO Phifadetphia lndemnity Insurance Company On this 7`h day af February 2013, before me came the individual wha executed the preceding instrument, to me personafly known, and being by me duly sworn said that he is the therein described and authorized afficer af the PHILAD�LPHIA IND�MNITY INSURANC� CONIPANY; that the sea( affixed ta said instrument is the Corporate seal of said Company; that the said Corporate Seat and his signature were du(y affixed. r� Y�Ai�7t l ii� �� 6.1t�a �}'��€f�L8�k4 tiRkdf� �+�i3�11�, N�Y � Lsr�'R44s�aTw ., F�4�t � �it�r '�� . Notary Public: „� residing at: Bala Cvnwvd. PA (Notary Seal} My commissian expires: March 22. 2016 I, Craig P, Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing reso[ution of the $oard of Directors and this Power of Attarney issued pursuant thereto are true and carrect and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was an the date af execution of the attached Power af Attarney the duly elected President of PHILADELPHIA 1NDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and af6xed the facsimrle seal of each Company this I,�day of F2}3nia �, . 20��. �. . �y _ .. �;`� �.� Craig P, Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANC� COMPANY ._ _ _ � � � ' � � �. � :_ ! �` � � : � . iw � � � ; � • , � ��i • � � • • � •' � • Res7�ondc�r�t's acfention is directed lo tlre i�tsrtrcrnce rcquiremertts below. It rs faighlv recvmmc��lded lhat resporrderrls ctirfer e9�ith tlieir res�ectivc� iri,S!!1'fliiCL' CC!?"YlQI"S or hrokers �u CIC1�17iil11C rn advc�rice of Propasal/Bitl��s�ubnrissi.an lJte��avarinbilily�of i��stu•��tce certifzcates�and e�idorset�ienls�cls p1•escr•ibed artd pro>>ided herei��. If rtn anparerrl loiv respa�denl fails io conrply sirictly �t�r�h litc> ins��rrrrrce requir=enrents, dral res7�o►�de�il 'may f�e clrsqualifred fi'c�ni. ni�-ar�1 0/' !he conU•nct ` Upon 'conlracl �rrrard, al1 insrrra�lce 1�egr�ir•enrenls sliall hec�me c�ndnc�tual ��blignFiats, �t�hich the ,s��ccessfi�! co►rlrac�or sltal! ltrtve a dc�ty �o rrrainlaitr ll��•ouglrou! 1he cvt�rsc� c�j�this co�alrac�. STANDARD PROVISIONS: N'itlenul '1imi�ing any ;of the otleer �bligaliom or liabililies of !%e ConFractor, Ihe Cnnlraclor slral! provide aMd »iai3itain wnti! 1he cnntracled fvork l:as bee�t completed and accep�ed by t/:e City of De�itof�, O►+�fter, lfce nrinimum insurance coverage as r�rdicated hcreinaffer. As soon as, practicabJe afier rsotrficatior� of carfra�l �xfard, Corilractor sl�al! frfe �''ith the Pnrcl:asi�rg Departmenl sa�i��"�r�d�;�r#� ccrtifrcales nf rnsura�rce, cn�rtai�iing tlie cnntrart number a�rd ttrle of �he prnjccG Cnntrartnr nray, r[pon xrreftCn reqrtesf ln [Iae PttrehaSiitg Dep4rl�tel'l, ask fnr cltrYlfiCatian of arry irrsr�rance reqrriremcirt.s ut arry fime; lrox�ever, Contraclors'are slrongly ads�ised !o make sr�cli reqreesls prior to praPnsaUbid opeitrng, srirce fhe iirsurance requiremerrls may �:ot be nrodificd or M�aivcd afterproposal/bid ope►iirig u�rless a<N�rittcn rxceplian l:as been subntitt�d �i}ith 'Nte prnnosaUbid. Co'�tractor slsalf nnf commerice any� riPark'or dcliver any material rtntil !re or slie recelr'es �totifrcatinri tJrai fhe cnntract has beeit accepled, appraved, and signed by l/te Ciry of Dentan. A11 iirsr�rance policies proposed or obtairred in sati�farctio�� of tliese reqrirrenicnts sl�all cnnip!}� wrtl: d�c foltowitrg �e�reraf specrfrcalions, ,a�rd shull be raai►ilarned ' in :complialire n�itlr Ihese genera! specifrcalinns llirouglior�t l/re dr�ralioir of Nre Con�rac�', or longer, if so rroted: � Eaeh palicy shall be issued by a company autltorized to do business in the Slate of Texas witl� an A.M.' Best Company ratiog of at least A. •, Any dcductibles or self-insured retentions stiall bc dec;laretl in the proposal. If requ�ted by the C:ity, tlie insw�er shail reduce or elimiriate sucl� deductibles or self-insured retentions with respect to the City, its officiais, agents, cmployees and volunteers; or, the contractor shall pracure a bond guai•anteeing p�yment of losses and related investig�tians, claim administration and defense expenses. � Liability policies sl�all be endarsed to pravide the following: Name as additional insured the Gity of Dentan, its Officials, Agents, �mployees and vulunteers. �� Tliat such insurance is priaiary to�any other insurance available to the�additional lnsured with respect to claitns cavered under ll�e policy and that this insurance applies separately lo eacl� insured against whom claim is made or suit is brought. Tl�e inc]usion of more tl�n one insured shall not �perate to increase tl�e iusurer's limit of liability. • Ca�tccllatTon: Cat�� reguire,s 3D da,y wrillerr reotice sl'ould any of �lte pnlicles descrllred oie tl�e cer[ifrcatc be car�celled or rrral�rlally chairged before flte e.�pfratrra'l d�te. • Should any of tlie required insurance beprovideci u�idcr a claims tnade forn�,'ContraeCor sltall maintain such coverage eontinuously throughout the term of tliis cbntract and, witliout lapse, for a period of three years beyond tl�e contract expiratiai�, such that occurrences arising during the contract ierm wliich give rise to claims made after expiration of the contract shall be covered. � Should any af the required insurance be providecl under'a form of covera�;e,that includes a general annual � aggregate '�limit providing for claims investigation or �legal defei�se costs to�� be included in the general annual aggregate limit, the Conlractor sfiall eilher double the occunence limits or obtain Owners and Contraclors Protective LiaGility Insurance. � Should any requireci insurance lapse during tlie contract term, rec�uests for payments ariginating after such lapse shall not be processed until tlie City receives satisfactory evidence of reinstated covet�age as reyuired by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole optioi�, termuiate tlus agreement effective on the date of flie lapse. SPECIFIC ADDITIONAL INSURANCE REQUIR�MENTS: AU i�lsurai�ce Policies prop�sed or nblained in sa�isfacrr�n of tJ�rs Contract shall ��t�rri�rnally co»eply H�ith !he fo!lowrng marked specifiCatEoris, arrd shal[ be,rrainta�r,ed In con,plFance wfrh rlrese ar�,�r'��,�al spectficarions rlcrousJrour rlre �li�ratfnn of rl:e Conrracr, nr [a�ger, rf so noled: [X] A. General Liability Insurance: General Liahility insarance with combined single limits of nol iess than ��,��1,��Y��t shall be providcxi and maintained by the Contractor. The policy shall be written on an accunence basis either in a single policy ar in a combination of underlying and umbrella or excess palicies. If the Commereial General Liabiiity form (iS� Porm CG 0001 current edition) is used: � Coverage A shal l include premises, operations, products, and completed aperations, inctependent cantractors, contractual liability covering this eontract and broad form property damage coverage. � Coverage B shall include personal injury, • Coverage C, medical payn�ents, is not requireci. If the Comprehensive General Liability form (1SU Form GL U002 Current Editioii and ISO'Porm GL 0404) is used, it shall include at least: � Bodily injury and Proper[y Damage Liability far premises, operations, products and campleted o�erations, independent contractors aud properly-damage resultin� frorn explosion, collapse or uudergrouud (XCU} exposures. • • Broad for�n contractual liability (preferably by endarsement) covering tliis contract, personal injury liability and broad form properly damagc liability. [X] Automobile Liab'siity Insurancc: Cor�tractar shall provide Cc�mmercial Automohile Liability �insurance �aith �Combiaed Sin�le Limits (CSL) af not less tl�an ��C��+��1�� ithcr in a sin�le policy or in a combination oi'basic and u�nbre}la or excess �licies. The pol,iey will inclucle bodily injury and praperty��damage liai�ility arising au4 of the aperation, m�inkent�nce and use of all automoUiles and moUilc equipment used in conjunction �wilh this contract. �� Satisfactian of the above rec�uirement shall be in the forni of a policy endorsement �'or; • any auto, ar ■ all owneci l�ired and non-owned autos. [X] Workers Com�ensatioo Insurance . � r � ' . ., �- s . �.,, . r -- � -� � �' .. • N , 11 111 r • � '� 11 111 �-; • ► . - � , � 11 111 �� • � i. � . * - •� • �- , r � • �� ; � . vs � s�- a y• � a � r,'♦ - � ► �• r -� • s -� -r � l ... ��.'... . � i i � :� "s , . � , �.; , . l ,��.. � . �; ! .'. � �. ', • � �,, ,,1w, 1'� - .r� •c� . � : '', '1 1 � � - � �� = i � i ' a : i The Contractor shall obtain, pay for and maintain af all times during the prosecution of the work under this contract, an Owner's atld Contractor's Protective Liability insurance policy narnin� the City as insured for properly damabe and bc�c�ily injury which may arise in the prosecution of the work ar Contractor's operations under' t17is conlract. C�verage shall be on an "occurrence" basis and'the palicy shall be issued by the same insurance company that carrics lhe Cantractor's liability insurance. Policy limits will be at least ��1�(1�Q.+�� coinbined bociily injury and property damage per occurrence with a�1��{�t�s��h�l�.{�� aggr'egate. [] r:irc a age Legal Liability Insurancc Cavera�e is required if Broad fnrm General Liability is not provideci or is unavailable to the contraetor or if a contractor leases or rents �a �artion of a City building. Lirnits of not less than _ � each occurrence are rec�uired. [ ] Professional Liabilyty Insurancc Pxofessional liability insurance,with limits nat less ihan ��{��f��1.fi��1 per claim with regp�t to negligent aets, errors or omissions in connection with professional services is required under Lhis A�,*reemen t. i i• ' � :i ° Builders' Risk Insurance, on an All-Risk farm For ] 00% of the completed value sl�all be pravided. Suc1Y policy sllall include as "Named Insureci" the City of Denton and all subcontractars as their iiiterests �nay appear. [ ] Commcrciat Crime � � Provic�cs ��coverage � for � the thefl or disappearance oF cash or � c�ecks, � robbery inside/autside � t13e �� premises, burglary �f tlie premises, ai�d employee fidelity. The emplayee fidelity portion of this cave��abe should be writlen on a"blanket";basis,la cover all employees, including n�w hires. This type insurance sl�ould be required if tlie eontractar t�s access to Cily funds. Limi�s of nol lc�s ti�an $ each occutre�ice are reyuired. �� Additionallnsurance Other insurance may be required on an individual basis for extra hazardous co�ltracts and sp�ific service a�reements. If sueli additional insurance is required for a specific contract, that rcquirement will be described in the '°Specific Conditians° of tl'e contract specifications. [X] Workers' Compensation Coverage iar Building or Construction Projects for Governmental Entities Certificate af coverage ("certificate")-A copy of a certificate of insurance, a c;ertificate af authc�rity tc� self-insure issued by the cc�mmission, or a coverage agreement (TWCC-81, TWGC-82, TWCC-83, or TWCC-84), shoruing statutary workers' cornpensation insurance coverage for the person's ar etttity's einployees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/�ersan's work on the project has been comp]eted and accepted by the governmental entity. Persc�l�s providing services on the project ("subcontractor" in §406.096) - includes all persons or' entities perfarrnin�; all or p�u-t of the services the contractor has uttdertaken ta perform on the projcct, rcgardless of whether that person contracted di.rectly with the contractor and regardless of whether that person has employees. This includes, wittiout limitation, independent cantractors, subcontractors, leasing comj�anies, motor carricrs; awner-operators, employees of any such entity, �or employees of any entity whieh furnishes persons to provicie services on the projeet. "Services" include, without limitntion, providing, hauling, or delivering equipment or materials, or Providing labor, lranspc�rtation, or atlier service related to a project. "Services" does not include activities unrelated to the project, such as food/bcvcrage vendors, office suppiy deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and fling of any overage agre�ments, which meets the statutory requirements of Texas Labor Code, Section 40l .011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor inust rprovide a certificate of covera�e to the governmental entity prior to bein� awarded the contract. D. lf the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage periad, file a new certificate of coverage with the governmental entity showing t�iat coverage has been extended. E. The contractor shall -obtain from each;person providing secvices on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to tltat person beginning work on tl�e project, so the governmental entity will have on file certificates of coverage showing coverage for a11 persons providing services on the project; and 2. no later than seven days a�fter receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all requircd certi�cates of coverage for the dUration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by eertified mail or personal delivery, within 10 days after the contraetor knew or should have known, of any change that materially affects the provision oi coverage af any person providing services �on tlle project. H. The contractor shail post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Coinpensation Commission, infonning all persons providing services on the project that they are required to be covered, and stating how a person may verify covecage and report lack of coverage. The contractor shall contractually require each person witl� wl�am it contraets to provide services on a project, ta 1, provide cnverage, based on proper reporting of classification codes and payroll ainounts and filing of an�> coverage a�reements, vV�hich meets the statutory' requirements of Texas Labor Code, Section 4Ql .011(44) for all of its employees providing services on t��e project, for ttie duration of the project; 2. provide to the contractor, prior to that person be�;i�v�ing work on the project, a certif cate of coverage showin� fihat coverage is being provided for all employees of the person providing services on the projeet, for the duration of the project; 3, provide the contractor, prior to the end of tlie covera�;e period, a new certificate of coverage sl�owuig extension of coverage, if the coverage period shown on ihe cunent certificate of coverage ends during the duration of the project; 4. abtain -from each other person with whom it contracts, and provide to the contractor: a. a certificate of `coverage, prior to the other person beginning work on the project; and b. a new -certificate of coverage showin�; extension of coverage, prior to tlie end of the coverage period, if the coverage period shown on the current certificate of coverage ends duruig the duration ofthe project; 5. retain all rec�uired certific�tes of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the persan knew or should have known, ofany change'that materially affeets the provision' of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to pertorm as required by paragraphs (1) -(7), with the certificates of covecage to be provided to the person for whom they are providing services. J. By signing 'this contract or providing, or causing to be provided a certificate of covera�e, the contractor is representing to the'�overnmental entity that all employees of the contractor who will provide services on the project will be covered by workers' campensation coverage for the duration of the project, that the coverage will be based on properxeportin� of classi�cation code� and payroll amounts, and that all coverage agreements will be �iled with the a�propriate insurance carrier �r, in the case of a sel%insureci, with the 'commission's Division of ` Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative �enalties, crimulal penalties, civil penalties, or other civil actions. K. The contractor's failurc to cognply with any of these provisions is a breach of contract by the cantraetor which entitles the governmental entity to declare the ° contract void if the contractor dbes not remedy the breach within ten days after receipt of notice ofbreach from the governmental entity. I �, � � � I� ; � . ' � 1 ; � � � Ci�}� of Uentc?n R1�P FOCt MhYI-IILL�hRO�'ER'TY REhUVATIUN� : � � ► � Links Constrarction, LI..0 3. (7rgani'r�tion.�lass (circle}; :� � �'��`�� CarpUr�tion , ,�. , �� , Indi��idu�l Assc�ciation 7. D��.�,�� a��P ��a�� estal�lisl7ed,physical pr��,c:� iyi the Sta�e afTex�s, nr thc City of D��+�� "'�� , in ��,��ich? � Yes, � ii�� Dcnio» `��s � - . .- .. -� � � . � ,. . .- - - , , .; , . . . , = , . �, - � . , -. ; . � , . :, , - , - . . ,. , � , ,, �,, -�- � �• . � � . . • . � , - � . ., � a �, . � . .�, , � - . . .R.,_, ,. ., . � ,.. . .. . .. :. ; . � . :., . .. .; � .; � . ., _ , . � , . .. • ,. . - . , ., , .T .�� . .; , ;�, ;� � . . : , , * ' � �:' ► �. * 1 f ... } ��:: � � � � , . M ':! . ... � ,,,. � � •�: . . � ..... , . �� R � • �. '� '. ! � . ,,.. � 1 � • * �..' ! .,' ' ", ' • 4' v � �i. � �":'.l' �,.. , �:�' : A 1^' ' � .,.,. 1 ' R i � !. f �,' Y � R � � � � � i �1 • !�� 1 � �: � . • � , ! ��,�: 1 :..:� • � i '� � * ' � 1 ' ! i ■ . ! � • ':! . ■ 1 , 1 �. � .. + •' � �,' l-,. i.� R.,��; .�� ....�.�• �. �:. �� ' . ; ": • ' '.. / , �.: .. . . •',, f� Rf=1' S$(id - :vltsin Uncuri�rnt r�,�;� ez Qr2a � • • � �, ; I �1.}-9�ve you ��- ��'�t��,� ��n ��n i��$��,�� to �,��r��lete � eantrac� �ander �,��,�� r�ent com��s�� i��'ar ai�y other ��-��°��;��_ ��n�`� I�" ��t ��1��^re �� ,°��y'? Giuc name �nd t�l��i�s�� number ��`(��.. No � � .r . , � � i � , � � *; m * �; � � . � � , . .� * � � M�� R �� ! [. � �,: � � , ■ � �� . 1 �, � ♦ � rs +� . � , r � _ :� � �, � - : • � � 13.�.esiden orr- esident idder I�et ynation: �i'�� "�� li��a� ��e��. Noa�-r�sident bidders. ��"�*�a� ��r�� r�4��it� �:it�es ��ci �:k��c�r �w.c��`��i��t�1 ��7t�1� �� +��r�i�g contracts Ycs � n�t,�r��i��a�i �S�`�r� �� tl�e �t�a�ur�t �f ��:�� i� �� It,��° t�� 9�� i��=�st 'bid by a�`°�� r��id��t by the ai,t�runt tlie "I'�xas resident v�ould be reguired �m unde�`�i� irr the t�on-r��i��rr� �i��' st�t�. ln order to rn e ihis det� it�atirrn, pleasc pravide ihr ��., ��r�� ; ��. of; • �.,, . _ . , � . r. ;: 1 �- � � RFP a$6G - Mqin [7c�cufitcnl a'��c 13 of 24� C:iTy of�i�enton RFP FOR MAYHILL PROPERT'Y RCNC?\TA`I101�` � � � ° :w � + ` � .... � � I. � . ' R � ; S _ )J,��i`��!'°l�k� i��°r�ilC i�� i�,t�s�� f"i�rn r��,��c� r�,,� �:�.._.:,,:.,� .__t�:r»� aw .. ; �,, _ . _ a. Thc details n�ust %e cample2eci on tkais`i'orn7, and shal! nmt pt�int to another document fil � res ndent°s propasal. . Si�n heln�tix and retu for arith ft�al s�bmissinn. � � �, �� : : � ' � ' � � i � i e; r ; � ; i i , 1 .;,. 1 ,". 1! A #:' M � i R ' �.: F ' ! - R�, �� * ;: R :4 + ' :' � � t, • #'... .. � � .': � � � " ,�.: f .... K R � . � � ' , � ,:.,:,. ihe �bove ��c��t's��s (ar�d �ny �ddiai�r��l p�g�s id�,�tif��d} �r� t�e t�IoI�.Y e�cceptir�n� tc� ti�� s c:cif tic�nsa C3�t�eral Pravas°sons at►d 7`� as A�rd �wilditi�ns in �.xhibit 2, and s pl� �antr��t t� [ is solicit��ic�a�, i underst�r�d th�t e�i�y at��y � n�t �c��C� � dition�l �a�cepti�i�s produ � d�a�ter fir►ai �ubrr�ission Q�ti�is }ar�� ,�. �d�.rx��L�r�.�, _ ,a� _�..� ��cs��r�}�� L�u�� . 1V� ��pti�t�� k�n t� ��is.s�l��it��i�t� ur th�'+G�a�� I�rav�s��rrs ��nd 'Ter�rs e� �ti s i � i i4 . • i � 1 S l A .. R 1 �,,. � 'i � 1 ..' . y ��.::� i�� . � i ' � . �,. {:�5� �'.�6.1a e\G:a � �ii3o/I;RN E1�E7%CC)MF'/�IVY 1�1/�MC: >'�°!i\' of I't. Vl'tltilt LC)CAT1t2Rl: 64�i� 1��di 1�st[@�v �ir, �ia� '��'�s�� ',� ��t�r �r�� ,� f�"+�u�'�� - . m:....��__� COi�''T�CT PE�SOIV ARIi} T11'LC: Nancv ur�ton. C� Parks $nd C'nmmuniiv Services Dgpt iE PF1i77VE h!� ��; oof�„'n� c��t w..� 4 ��!.,��.�-� �� A a. �_ .. � _�,��,�.,,. ; �CUt'% �?T' WORk; . ,..�� i�� t�� }� �s�,�� 1��:.��r�t ,._ _ � � .. ,n__ r�— � � C(7Y�lT' (�TPEft10D.��, 5/3113-7121i13e x �. GO�/I�RR'MEt�1T/CO�v1VAP�lY ieJAME; ('iiy r�f �`risc�s. T?t I.00A"CIOR: �OG4'C7at1�s Parkw°�v. Friscc�. TX ,n _w.�ti .. �. � _.� _:.. E:qRlTA�1',I'L'[ZSf7�' AAd[3 `fl'1°1.�: Ben �rezyna. Asst. to t1�e Citv anaecr °�"�L:�,PH�Td� 1�tL9\h�3�R�: Y��C� ��fi�7 r �,--.- v_. _---____.. _ ___ __.-� � �GOi'� �C VJQRK; f�riscn Discove�n�,Center ca�T�,�cr nt:st�ar�:. .�, ��,uta� �r��ri4 ��r��r °rwt�g� �14!��TfC��[ p1�1J �i��E: � �It`r O��-I$G�.b , 1 i � . LOCATION: .� [ 9��3��,�c�ii itd �,�t3��r�e ��t C�°dTACT P�FiSt�Al /4iVD TI7LE: .�_��e��s�� C ��,��iil��n. �ai��!�atta�er . �� '1°�LEPHONL: NiIMEi�:ft° �. r47?� 242.,??3 SCpf}PE Ol' \L�flRk: C�smpleied ne�3� ernund ua citr° hall buifdin��v �._., _ � CC}Pai �7 PERIOD: SP��1�_ :�� ,,. � RFP 5856 - Mai,y document Pagc 19 of 24 _ . � i �' � � . .: I� '" � �. � c�r>� orr�e�,t��, � RFiH !"(�R �iAYI-{B1.L PRC�PE1t1�1' RF�C�'JA']'lf�R! , ,-C: , I.0 I � �.. - � - ��. _ � �.� � .. ��,.� .__ ��. �� N�'�iC"C d3F' IN7'�RES'i` QU��'i'Y�1�NAIRE - ��R1Vi �C�� or �,^t�rxc�r.wr c�r ott�er �r�r�� ci�ln� �t��ira�� ➢tt� toc�1 t��a��X��t�� niit�° Ti/� � a :�• � ; �. � � y � r � . � � � r 11 � , r � *., � .� �. �;, n: •: . .... � , . ,,. ,. } ' ' : M i �.: � f !,, , .. . :�. .. , �,. R 4 . �.: �. ' !' f,�,, ♦ .� # i �:', � � � � ' ['. ► i �. , ` � �.:.. , , . , � " .. : 1 , , . , .e. a,,. ��. .�-�� .�.-, .�.=,,,m,� . � :�. �� --.m-�-..<—.�- ,,... ,.-_.. of prrsnn w•hu ha.t m bnsine�s rela4iansh€p +��tpm leual �n+•rrnmentrl en'it�°. � u 1 ' I � l (l�fte law r�;t�a�sr�� Ihnt ��,�s f Vc an �pdrofl�d �aooiplc�t�ti ��s�c°��Fcc��r��rs: �c�itli Itr� ap�rc�printe fslirrg �u�favrifg' Tkl4 I�9� 9Olt318 II14 7�� Y1Y�919�43 %I�y aa�`ic� ti� �Y�rt� th�� ari��t� �'�I�°€� �c�c��s�r��i� t��^��sac� �2w+��ro tl�l� ��r ��u�a�� _.�,� _ Pigmc afil I gor°erpmcnl csf%terw•uh t+�hor� filcr• hes rn tmploy°ment nr 6usinrs.a relati ,bfp. .� N:�nac nf C�iitecr ii,is del-tion, (it�' 3 incli�iiee�, �h�scerts'A.13, i' l( C)). ancesl hr ccnrrpl`ecd fpt a�ua:ly afflccr tic•itl' �`�h<iitt 6hr rler ]tfls �r c��p10`'e�}�nf srr other 6�e�siness rsBa+lac�6ts1'ir pc dernsd b}' Ser9iott �J 76.Of�6 O-��. LmG;�I Cwrt°ewvvntlni Cc�eie. �t►aeh additqr.eia's p��es tsti th�, F�ronri ('�Id; sa� sescess-ar�•. A. IS IfYC I�c$1 �doV�PiltYiC¢Sl fl19�riC�Y B3[Y79itf{ lit iltl� �illOP1.PCCc1Yin� o� likcly ac� reccie�c iso�h.�lc� ioiGasrne, oB6ier9huer ind��st�v��! �incsarqa:.. 8�ra�n� 1P�:fiiP�,�r�caCthr quesfionnwirc" � }=L� 1 J Nu 13. Is the fblc-� of' Iha a;uz,cli�nnairc r�selvin� oa° iikclg �o asc�iaa Ia��Ealc irac�nie. c�t!�r thasr in`c.�fn4east incas�:, fron5 nr at thc cibre�loa�c� +q$lite lcrcal ga�erernmcart eifBic�r rua�eic�d irs Ihi'� scctian AI�13 lh� flas�HFle incirmc is �ritit rc�sei�.�ecb ��frunr It�c�lacal gc�e��cnioi�enf�) eniiflk? �� i'es � No C' is ltrc fil�r a�f Ifris qu�iiuttes�ire a�mr9sro�cd bp' a cnrpsw�tieui t,r +�thc� httsi'ress �ntity with r6s{r6ci tu d`•hich t6re• iaxx:�tl �;er��crnn'e:rtt e,lYiccr:�ervcs aes d�r asC(ia�rr ur diec�ta�r� arr ienlds ao' are'nct�ttip uC 10 4r�rceiit i,c �raurr:' yc,� � IVt, !). 63c�dribc c�c9r �af(`rlia�i�n rpr bu,oness arl�tioro�laig�. I hx�c no Cunflict af Interest tu Jivclucc, �;' �- „� � � �� , �_.�..,., � ��,m��,. � � r ..�.. ,. ._.��, � ��::.� �.,� _�,� �, w. �'s��ralur6 nf ��r�� +�� bic�inetis tta�6�� ili�� ±a�°�mntiariai e�il�tt° RFP S$66 - Msin l�ncut��ent � �� )ate . _ � FORnn 1 lofl Complete Nos. 1- 4 and s if there ar� inter�s[�d p�nies. OFFICE USE ONLY Complete Nos. i, 2, 3, 5, and 6 if Yt��re are n� rnter�st��i parties. CERTIFICATION OF FILING _ __ _ 1 Name of business entity filing form, and the city, state and country of the business entlty's place Certificate Number: of business. �inks Cans4ruction 2016-13251 benton, TX United States Dste Filed: ��1�� i �na��rnr�went� �€rtity or st�te agency t iat is a pa�+ tcs th� ��n�r��t tc�r s� �ic�� t�� fvem is 02J15/2018 befng fil�d', Ciry of Denton bate Acknowtedged: g Prov��f� the identi�ic��ion number used by the government�si entity or state agency to track or identify the contract, and provide a descrrf�tfon of the ��ads or services to be provided ur�rler tf�e contract. RFP 5866 Mayhill Properry Renovation 651 Mayhill Road _ __ 4 Nature oi interest (check a��l��,�al�} Name oi Interested Party City, State, Country (place of business) Controlling Intermediary . _ _ _ ___ _ _ _ . _.�.�._..� __ _ _ — _ _ ._ _ ' 5 Check only if there is NO �n��rest�d #��r#y. � X� 6 AFFIDAVR I swear, or affirm, under penalty o9 perjury, lhat the above disclosure is true and correct. .. �13n{Ftl ��aw .-_e,,.�.c..r� . �$,.��.r BARBARA K, STARR f � � ` ,�"� Notory Publlc, State of %xos �� t , v �,. .�,�� Comm. Expires 11 •26-2018 '�'��"��'` N�i��' Ib 51537-5 �+�F1ktlY%ty5 . -. ,-�--- ��e��r� �f uti��rr�e� agent c�f cc�n�r�r;rPn� business entiry _ AFFIX Nd7ARY STAMP J SEAL ADOVE Sworn to and subscribed before me, by the said ��} , this the /S~�_ day o1 '�✓ , 20 J[� , ta certiy which, �ai� .•� my hand and seal oi oNice. �...�° : : 1� , _ � ,r ` r� � of olfa r�d '�ter� . i Printed name oi officer administering oaih Title of oificer ��i�r�nis��ring oath Forms pravided by Texas Ethics Comrl��s�;ic�� www.ethics,state.tx.us vprC�n�, v� n�eoe�