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Ordinance No. 10,877
OR13MAMCE MA, 104877 nk N 0R ED ION ANUE (W "ri IF (.YFY�Am ;N( A L 00 111LE UI fY Co F I I A Y-MMIA4, -11330%S, ik 1 17 1 MIT A N'1) 1)1 Mic ripm _1,.,,it iq cm, M A N A I ) CAT'Y J-0 E7?QWE;1-E? AN[3 Al-MIST T0 A SF'T[,,.No C., 1 1-1 C)it I I A E 111 R f� S UN F I C )N 01 C A. 5 1'R 0 J F(7 W: /\I-Y11 10 R I Z,I N"Gr P,,%'Y 1 I F.',�NIT F . l ('W C)NUR N111 1.10xi NINI--*, TH0(JSAN[-) Ff L 14413 It E7 13 A N F) N01 1 00 1 X")1,1 to S Q E M5,500,cmvy Pv1 AM 144 C i M I I I 1 Ilz 11RUNWITYU1"wS WT Me (My CA"w"CH of the (My W flaytown dAl advurtisc d-61- bid. fol- tho F're slatj,(m to Inc receiNvd on March 25, YAW and NIIV11-WRFAS, mamwma xr ro a's lt,) tht,, Win ..amoral fAnce, when nuid where We bids "mwkJ he publicly topened anti sea d aloml wan VmWished pursunnt to plowknis or r x.as I ocal C,�ovt-rnmon� C'(mle Almqptatcd 252-04 1 ancl \A/HFRF,A',s, aM clpt,^mIcd alid" pwu.mlalir°1read at ("ity Halt at p.gn_ NAmch 25. 200S. asperpublWhed mmice [MAdde": NCO"' TIMRIAMARF, EW FU CMEMIMM BY IFIF C rl Y CAWNC-11 . ( W -FIM CATY C)F WXY-FMAIN, S lk)n I That City" C oiullk:il of, 0-lc hctehy accepts tht..-, 1,-6d Of Sc'fA- X ( 16r the hase ["Id Mwamuno 1"d iwwl, 01 thw.' filn". St"'Ation Nfc).. 5 Project to lh � Pkins m-ld pawww. iliayrrmti rrr w got thmh hy tho C:ity's M-chilect, and aothorizes payment oil' ma aniumin or (:.:IKQ---- NA 11. 1.I U N ?Q I N IV F I I,_.1 PQ 11,R I-',l) au l X-F , I I%/17 1 l I t:0 I j S,\ I,) [A\,'I', l I t-6 N I:),[,?1:-.',I-) A 54 13 N C3/I I W 13 0 1.1,4%1 Z S. (S I 965,5MYOUP based upon the unit 15micus spocif dale, W the Wd, and the (Ity Ndlannger and the C-'ity (, k,,-Y k of kh C'it .," her'c'l-isr authmized wid ckwcuod to exc"Hc and Men to a waintr2w MW SeTHAX 1"6,1- I'll'o :dlo vc-dcSch lied IWOOCI, Saul Ut"Almel wmnlni&vq-4, Ih plms, specil-lc'atio,rls, a,jid C'ily' .; armd "appowspriale homf inqumemwnis in ;wconAmcc with 0u; provisions "FAWas (_,ode- S e C)r 1 2 -Vha,B ptirs'u,4w k) ffic'-. j-movi,,..;1ons W Texas Local Cfc;vcnwnIL"1t Mule Annotawd 252,048, th�,� C'I�,y Manag,-�,r is herchy pranted gencml auOlohly-10 Upj',Wd,>Ve 'aw., Chan, c, Order a dectneswe at an Wc"nsc in cAmsts cof TAVKP?fY-f1lNQ1 TI1C IIMM41) N(OV100 F)C)l-LARS 025jmghoo) or less, SU100M to Me IM0% 'Sk"I shal the mighsal commact ImAce nini not he inemmsed by m"m- i han awwno�fi�c percL�nt (25".) ar n-io-vre than t":ven["Y,Mve pel-cc,"I-11 Ole c�'insont al I C- C t I I I L I t C,'I I' t I r,k f C I Teat `"'CC t I o i 1 3, AM iake Meet Anniediatcly from andA;.. Ur Its tiass,ug-C by the o-),t.I m I c i l o f t h 2 ("',i t-y <-,,w t" 13 n d !AffiuJ"aHVO %Ine CIr 111,45A CIAMMwi I or the CA", ON Q:PP' In the 24"" day, uf AIW K 20(W, ma y o'f YIN I JJ\11 Y lC carat. 7 c) Iz--N%,l I R.. 4" "Ity Ar?l -2 F1 k K—r— n a a X A 8 A 1—0 0 1 A A M 4 "1 W- R TM ®� Document A105 1993 7 Standard Form of Agreement Between owner and Contractor for a Small Project where the Basis of Payment is a STIPULATED SUM This AGREEMENT is made: (Date) June 2, 2008 ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its completion.The author may also City of Baytown have revised the text of the original 2401 Market Street AIA standard form.An Additions and 77 Baytown,Texas 77520 Deletions Report that notes added information as well as revisions to and the Contractor the standard form text is available 79 from the author and should be SeTEX Construction Corp. reviewed.A vertical line in the left 1660 South 2 3 r d Street margin of this document indicates Beaumont, Texas 77707 where the author has added necessary information and where for the following Project: the author has added to or deleted New Fire Station No. 5 for the City of Baytown, Texas consisting of approximately 9,600 from the original AIA text. square feet This document has important legal 77 7707 B ayway Drive,Baytown,Texas consequences.Consultation with an attorney is encouraged with respect The Architect is: to its completion or modification. Gerald J.Tackett Slattery Tackett Architects,Limited Liability Partnership 730 North Post Oak Road 79 Suite 200Houston,Texas 77024 Telephone Number-713.521.0591 Fax Number-713.682.2356 The Owner and Contractor agree as follows. 77 1 _ AIA Document A105""—1993.Copyright ©1993 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is nth• protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it, 1 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the taw. This document was produced / by AIA software at 10:15:50 on 02/26/2008 under Order No.1000333752_1 which expires on 12/9/2008,and is not for resale. _? User Notes: (336393184) ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the project. The Contract Documents consist of: .1 this Agreement signed by the Owner and Contractor; .2 AIA Document A205, General Conditions of the Contract for Construction of a Small Project, current edition; .3 the Drawings and Specifications prepared by the Architect,dated , and enumerated as follows: Drawings: Number Title Date Cover Survey Cover Survey February 8,2008 1 Existing Conditions February 8,2008 2 Site Grading Plan February 8,2008 2.A Utility Profiles February 8,2008 3 D.A.Map&Storm Sewer February 8,2008 Layout 3.A Hydraulic Calculations February 8,2008 4 SWPPP February 8,2008 5 SWPPP Narrative February 8,2008 6 City of Baytown Standards February 8,2008 - - 7 City of Baytown Standards February 8,2008 8 City of Baytown Standards February 8,2008 9 City of Baytown Standards February 8,2008 A-01 Site Plan February 8,2008 A-01.1 Enlarged Site Plans and Details February 8,2008 A-01.2 Site Details February 8,2008 A-01.3 Site Details February 8,2008 A-01.4 Site Flatwork Plan February 8,2008 A-02 Reference Floor Plan February 8,2008 A-03 Dimensioned Floor Plan February 8,2008 A-04 Reflected Ceiling Plan February 8,2008 A-05 Roof Plan February 8,2008 A-06 Exterior Elevations February 8,2008 A-07 Building Sections February 8,2008 A-08 Building Sections February 8,2008 A-09 Wall Sections February 8,2008 A-10 Wall Sections February 8,2008 A-11 Interior Elevations February 8,2008 A-12 Details February 8,2008 A-13 Details February 8,2008 A-14 Details February 8,2008 A-15 Details February 8,2008 A-16 Doors, Windows&Schedules February 8,2008 i S 1.1 General Structural Notes February 8,2008 S2.1 Foundations Plan February 8,2008 S3.1 Foundation Details February 8,2008 S3.2 Foundations Details February 8,2008 �- S3.3 Foundation Details February 8,2008 M-0.0 Mechanical Information and February 8,2008 . Symbols M-0.1 Mechanical Specifications February 8,2008 M-0.2 Mechanical Specifications February 8,2008 M-0.3 Mechanical Specifications February 8,2008 M-1.0 Mechanical Plan February 8,2008 M-2.0 Mechanical Schedules February 8,2008 M-3.0 Mechanical Details February 8,2008 Init. AIA Document Al05Tm-1993.Copyright ©1993 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:15:50 on 02/26/2008 under Order No.1000333752_1 which expires on 12/9/2008,and is not for resale. User Notes: (336393184) i M-3.1 Mechanical Details February 8, 2008 E-0.0 Electrical Information February 8,2008 E-0.1 Electrical Specifications February 8,2008 E-0.l Electrical Specifications February 8, 2008 E-1.0 Electrical Site Plan February 8,2008 E-2.0 Electrical Lighting Plan February 8,2008 E-3.0 Electrical Power Plan February 8,2008 E-4.0 Electrical Panel Schedules February 8,2008 E-5.0 Electrical Details February 8,2008 P-0.0 Plumbing Information February 8,2008 79 P-0.1 PIumbing Specifications February 8,2008 P-1.0 Plumbing Site Plan February 8,2008 P-2.0 Plumbing Under Floor Plan February 8,2008 P-2.1 Plumbing Under Floor Plan February 8,2008 P-2.2 Plumbing Under Floor Plan February 8,2008 (Alt. D) P-3.0 Plumbing Details February 8,2008 P-3.1 Plumbing Details February 8,2008 P-4.0 Plumbing Riser Diagrams February 8,2008 f Specifications: Section Title Pages 01110 Summary of Work 2 - 01120 Allowances 1 01300 Special Requirements 4 01455 Testing Laboratory Services 3 01500 Temporary Facilities 2 01532 Tree and Plant Protection 2 01700 Project Closeout 2 02100 Site Preparation 2 02200 Earthwork 4 02221 Excavation,B ackfill and 2 Compaction for Structures 02222 Excavation,B ackfill and 3 Compaction for Utilities 79 02223 Excavation;B ackfill and 2 Compaction for Pavement 02245 Soil Stabilization 2 02282 Termite Control 1 02350 Piers 1 02520 Portland Cement Concrete 3 Paving 02525 Curbs and Sidewalks 2 79 02584 Pavement Markings 1 - 02830 Wood Fence and Gates 1 02846 Exterior Signage 1 03300 Cast In Place Concrete 3 03360 Special Concrete Floor 4 Finishes 04210 Unit Masonry(CMU) 2 05400 Cold Formed Metal Framing 2 AIA Document A105Tm-1993.copyright ©1993 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is Init. protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced 3 / by AIA software at 10:15:50 on 02/26/2008 under Order No.1000333752_1 which expires on 12/9/2008,and is not for resale. User Notes: (336393184) • l .N1 06100 Rough Carpentry 2 06402 Interior Architectural 2 Woodwork 07195 Self Adhering Flexible 2 Flashing 07210 Building Insulation/Sound 1 Insulation 1 07260 Firestopping 2 07270 Weather Resistant Barrier 2 07412 Manufactured Soffit Panels 2 07415 Pre-finished Metal Trim 2 07610 Metal Roofing 3 - 07901 Joint Sealants 2 ...:fir 08111 Steel Doors and Frames/Steel 2 Window Frames 08211 Flush Wood Doors 2 08360 Sectional Doors-Alternate 3 "B: 08410 Aluminum Entrances and 2 Storefronts . I 08522 Rolling Storm Shutters 7 (Alternate H) 08710 Door Hardware 2 08800 Glass and Glazing 2 09250 Gypsum Board Assemblies 2 09300 Ceramic Tile 2 09511 Acoustical Panel Ceilings 2 09650 Resilient Flooring 1 09678 Resilient Wall Base 1 09680 Carpet 2 09900 Painting 2 09986 Fiberglass Reinforced Panels 2 10000 Miscellaneous Specialties 1 10155 Toilet Compartments 1 10200 Louvers and Vents 1 10350 Flagpoles 1 10416 Building Plaque 1 10425 Sign 1 10522 Fire Extinguishers and 2 Cabinets 10800 Toilet and Bath Accessories 1 13100 Pre-Engineered Building 4 Components .4 addenda prepared by the Architect as follows: _. Number Date Pages Addendum No. 1 March 20, 2008 3 .5 written change orders or orders for minor changes in the Work issued after execution of this Agreement;and .6 other documents,if any, identified as follows: Supplemental Conditions Init. AIA Document A105Tm—1993.Copyright ©1993 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced 4 / by AIA software at 10:15:50 on 02/26/2008 under Order No.1000333752_1 which expires on 12/9/2008,and is not for resale. User Notes: (336393184) ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work not later than , subject to adjustment by Change Order. {Partigraph deleted) Work is to be completed in full within 310 calendar-days after the date stated in the work order on which the wort: is to be commenced. 4 ARTICLE 3 CONTRACT SUM 3.1 Subject to additions and deductions by Change Order, the Contract Sum is: One 'Mi l lion, Nine Hundred Sixty Five Thousand, Five Hundred And 00/100 Dollars 1 , 965 , 500 . 00 § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: Refer To Bid Proposal Dated March 25, 2008 _.. § 3.3 The Contract Sum shall include all items and ,services necessary for the proper execution and completion of the 7 Work. ARTICLE 4 PAYMENT §4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor 7 in accordance with items 22 34-of"Supplemental Conditions" (Here Insert pckyment procedures and prol'lsions for retainage, If any.) 7The period covered by each. Application for Payment shall be one calendar i_ month:.::-ending on the last day of the month. 95% M.dnthly Progress Payment with 5% Retainage withh&.Id. § 4.2 Payments due and unpaid under the Contract Documents shall bear interest in accordance with Section 7 2251.025 of the Texas Government Code. L_r (Usury lavvs and requlrein nts under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Oit•-ner's and Contmcrorisprincipal places of busiftess; the location of the Project and elsevv:lzere inay ceffect the validity of this provision.) ARTICLE 5 INSURANCE § 5.1 The Contractor shall provide Contractor's Liability and other Insurance as detailed in 3.14 of the 7 "Supplemental Conditions" (Isi.sert specific insurance required by the Owner.) _,. Refer to Project Specifications, Supplemental Conditions 3 . 14 § 5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as detailed in 3.14 of the "Supplemental Conditions" (Iii.sert specific in surance frcr-1lished by the Owner.) Refer to PRoj ect Specifications Supplemental Conditions 3 . 14 § 5.3 The Contractor Shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations,under Section 3.14 of the "Supplemental Conditions" § 5.4 Certificates of insurance shall be provided by the Contractor showing the required coveral es prior to commencement of the Wort:. i ; AIA Document A105TM—1993.copyright rJ 1993 by The American institute of Architects. All rights reserved. lv'JAM iING:This Al/A Do.;unl::iv i. Init' protected by U.S.rcp,1r,g1i1 L;iw:3nr; ntr.rn��ti� i�:�l Try_;:li�:�,.ir�r-�uthnri::rd repi-oduction or distrii^ution rat this AIA Dr ► , , and 4iII be prr<:�.cu!rld to the maxinnum extent po:�s�blc under the t.tw. This document was produced may result in severe civil and criminal / by AIA software at 12:24.27 on 02/28I2008 under Order No.1000333752_1 which expires on 12/9i2008,and is not for resale. ARTICLE 6 OTHER TERMS AND CONDITIONS ('Insert an.))other tc°rms air Conditiocls below.) This nvreernent entered into as of the day and year first written above. (lf'realiiired br l(ov, bisert CancellttiOn period, disclosures or other warning statements above the signatures.) SeTEX Con ruction Corp. OWNER(Signature) CO RACTOR (Si,r;nutu -e) James R. Shell, President (Printed ncime and title) (Printed name and title) LICENSE NO.: N/A JURISDICTION: Texas CITY OF BAYT $pY To GARRISON C. BRUMBACK,City M ale � v � A ST: ow City Clerk ACIO RAMIREZ, SR.,City Aft rn y STATE OF TEXAS COUNTY OF IX Jefferson Before me, Sherry Daniels the undersigned notary public, on this clay personally appeared James R. Shell in his / her capacity as President of SeTEX Construction Corn. on behalf of such X known to me; proved to the on the oath of ;or through his / her current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signattlre of the acknowledging person) (check one) to be the parson whose name is subscribed to the foregoing instrument, and acknowledged to me that he / she executed III-at instt-unlent liir the purpoSCS and consideration therein expressed. Gi VC11 under Illy hand and seal of office this 2nd day of June 21 7. 2008 ,MV y��.1 y�on $x ires. Notar Public it 1 l01`the State ol'Texas � 6-6-09 ��Y PGB SHERRT �PIVIL'.fJ 1 p 'y Notary Public,State Of Texas My Commission Expires 1 1 �0t�t 06-06-2009 1 In it. AIA Document A7057m—1993.Copyright ©1993 by The American Inslilute of Architects. All rights reserved. WARNING:This AIA' Dc•.unn• nt is protected by U.S.Copyright Law and:Ill imalionol Twahas.Unaulhonzod reproduction or distribution,3f this AIA' Document.or,;ny peri on._I 1, 6 may result in severe civil and criminal facnalties.rind will be pros,�culed to the maximum extent possil;lo under the law. This document was produced ._ ..,, _-•. . ..........-,__....,.,�,.,��o..-a...n..a.,.Ili.. ,nnno oo�cn , ...i....�._.._..,._.........,•.,,,..� .._�.---.._.. .--- . n VI SUPPLEMENTAL CONDITIONS EXHIBIT A - WAGE RATES jj� ORKERS ,J EXHIBIT B - WORKERS �1 COMPENSATION INSURANCE COVERAGE I-J �9 i ZGM 41 -� �= Document - 1993 General Conditions of the Contract for Construction of a Small Project _i for the following PROJECT: (Name and location or address): ADDITIONS AND DELETIONS: A new approximately 9,600 square foot Fire Station#5 for the City of Baytown,Texas to The author of this document has be located at 7707 Bayway Drive,Baytown,Texas added information needed for its completion.The author may also THE OWNER: have revised the text of the original (Name and address): AIA standard form.An Additions and City of Baytown Deletions Reportthat notes added 2401 Market Street information as well as revisions to Baytown,Texas 77520 the standard form text is available -� from the author and should be reviewed.A vertical line in the left THE ARCHITECT: margin of this document indicates (Name and address): where the author has added necessary information and where Gerald J.Tackett the author has added to or deleted Slattery Tackett Architects,LLP from the original AIA text. --� 730 North Post Oak Road This document has important legal Suite 200 consequences. Consultation with an Houston,Texas 77024 attorney is encouraged with respect Office-713.521.0591 to its completion or modification. Fax-713.682.2356 ARTICLE 1 GENERAL PROVISIONS §1.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations,representations or agreements,either written or oral. The Contract may be amended or modified only by a written modification. §1.2 THE WORK The term"Work"means the construction and services required by the Contract Documents,and includes all other labor,materials,equipment and services provided by ' the Contractor to fulfill the Contractor's obligations. §1.3 INTENT The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary,and what is required by one shall be as binding as if required by all. §1.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,SPECIFICATIONS AND OTHER DOCU MENTS 7 Documents prepared by the Architect are instruments of the Architect's service for use L-' solely with respect to this project. The Architect shall retain all common law,statutory and other reserved rights,including the copyright. They are not to be used by the 7 Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier for other projects or for additions to this project outside the scope of the Work without the specific written consent of the Owner and Architect. AIA Document A205Tm—1993.Copyright 01993 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it, 1 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:26:29 on 09/13/2007 under Order No.1000275897_1 which expires on 12/21/2007,and is not for resale.' User Notes: (981483275) �4 ARTICLE 2 OWNER §2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER §2.1.1 If requested by the Contractor,the Owner shall furnish and pay for a survey and a legal description of the site. §2.1.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents,the - Owner shall obtain and pay for other necessary approvals,easements,assessments and charges. §2.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents,the Owner may direct the Contractor in writing to stop the Work until the correction is made. §2.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies,correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due the Contractor. §2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §2.4.1 The Owner reserves the right to perform construction or operations related to the project with the Owner's own forces,and to award separate contracts in connection with other portions of the project. §2.4.2 The Contractor shall coordinate and cooperate with separate contractors employed by the Owner. §2.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 3 CONTRACTOR §3.1 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR The Contractor shall carefully study and compare the Contract Documents with each other and with information _C furnished by the Owner. Before commencing activities,the Contractor shall: (1)take field measurements and verify field conditions;(2)carefully compare this and other information known to the Contractor with the Contract Documents;and(3)promptly report errors,inconsistencies or omissions discovered to the Architect. §3.3 SUPERVISION AND CONSTRUCTION PROCEDURES §3.3.1 The Contractor shall supervise and direct the Work,using,the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences and procedures,and for coordinating all portions of the Work. §3.3.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for each portion of the Work. The Architect will promptly reply to the Contractor in writing if the Owner or the Architect,after due investigation,has reasonable objection to the subcontractors or suppliers listed. §3.4 LABOR AND MATERIALS §3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work. §3.4.2 The Contractor shall deliver,handle,store and install materials in accordance with manufacturers' instructions. AIA Document A205 rm—1993.Copyright ©1993 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it, 2 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:26:29 on 09/13/2007 under Order No.10002758971 which expires on 12/21/2007,and is not for resale. User Notes: (981483275) 1 71! I Agreement. Such application shall be supported by such data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require and reflecting retainage if provided for elsewhere in the Contract 7 Documents. Li §7.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for 7 Payment,all Work for which Certificates for Payment have been previously issued and payments received from the LJ Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, security interests or other encumbrances adverse to the Owner's interests. 7 §7.3 CERTIFICATES FOR PAYMENT U The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. §7.4 PROGRESS PAYMENTS §7.4.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner provided in the Contract Documents. §7.4.2 The Contractor shall promptly pay each Subcontractor and material supplier,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such entities'portion of the Work. §7.4.3 Neither the Owner nor the Architect shall have responsibility for the payment of money to a Subcontractor or material supplier. §7.4.4 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. ' §7.5 SUBSTANTIAL COMPLETION §7.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for ( its intended use. §7.5.2 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish the responsibilities of the Owner and Contractor,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §7.6 FINAL COMPLETION AND FINAL PAYMENT §7.6.1 Upon receipt of a final Application for Payment,the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment. §7.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens,and data establishing payment or satisfaction of obligations,such as receipts,claims,security interests or L J encumbrances arising out of the Contract. §7.6.3 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. I Init. AlA Document A205T""—1993.Copyright O 1993 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document is j protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 Document,or any portion of it, 5 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:26:29 on 09/13/2007 under Order No.1000275897_1 which expires on 12/21/2007,and is not for resale. User Notes: (981483275) 1 ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY - §8.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract.The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor,or by anyone for whose acts the Contractor may he liable. ARTICLE 9 CORRECTION OF WORK §9.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. §9.2 In addition to the Contractor's other obligations including warranties under the Contract,the Contractor shall, - for a period of one year after Substantial Completion,correct work not conforming to the requirements of the Contract Documents. §9.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it and the Contractor shall reimburse the Owner for the cost of correction. ARTICLE 10 MISCELLANEOUS PROVISIONS §10.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. §10.2 TESTS AND INSPECTIONS - §10.2.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. §10.2.2 If the Architect requires additional testing,the Contractor shall perform these tests. §10.2.3 The Owner shall pay for tests except for testing Work found to be defective for which the Contractor shall pay. §10.3 GOVERNING LAW The Contract shall be governed by the law of the place where the project is located. ARTICLE 11 TERMINATION OF THE CONTRACT §11.1 TERMINATION BY THE CONTRACTOR If the Owner fails to make payment when due or substantially breaches any other obligation of this Contract, following seven days' written notice to the Owner,the Contractor may terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,construction equipment and machinery,including reasonable overhead,profit and damages. §11.2 TERMINATION BY THE OWNER §11.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. §11.2.2 When any of the above reasons exist,the Owner,after consultation with the Architect,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days' written notice,terminate employment of the Contractor and may: .1 take possession of the site and of all materials thereon owned by the Contractor; .2 finish the Work by whatever reasonable method the Owner may deem expedient. Init. AIA Document A205TM—1993.Copyright 01993 by The American Institute of Architects. All rights reserved. WARNING:This AIA` Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it, 6 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:26:29 on 09/13/2007 under Order No.1000275897_1 which expires on 12/21/2007,and is not for resale. User Notes: (981483275) ,s• §11.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 11.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §11.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,such excess shall be paid to the Contractor. If such costs exceed the unpaid balance,the Contractor shall pay the difference to the Owner.This obligation for payment shall survive termination of the Contract. t_w r t AlA Document A205TM—1993.Copyright 01993 by The American Institute of Architects. All rights reserved. WARNING:This AIAO Document is Init. protected b U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this A10 Document or an ,p yp y portion of it 7 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:26:29 on 09/13/2007 under Order No.1000275897_1 which expires on 12/21/2007,and is not for resale. User Notes: (981483275) SUPPLEMENTAL CONDITIONS These supplemental conditions shall supersede and control over both the Standard Form ' of Agreement between the Owner and Contractor for Construction Projects of a Small Project (AIA Document A105-1993) and the General Conditions of the Contract for Construction of a Small Project(AIA Document A205-1993)to the extent that there is conflict. General Conditions of the Contract for Construction of a Small Project (AIA Document A205-1993) 1. Section 1.1 is amended to read as follows: The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The contract may be amended or modified only by a written modification. The Contract shall consist of the Contract Documents,which include AIA Document A105— 1993 signed by ' the parties, AIA Document A205 -- 1993, Performance, Payment, and Maintenance Bonds, Drawings, Specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. ' Should there be a conflict on any of the provisions of the Contract Documents the documents will be given the following priority: these Supplemental Conditions, Change Orders, Addenda, AIA Document A105 — 1993 signed by the parties, AIA Document A205 — 1993, Performance, Payment, and Maintenance Bonds, Construction Directives, Drawings, and Specifications. 2. Section 1.4 is hereby amended to read as follows: Documents prepared by the Architect are instruments of the Architect's service for use by the Contractor solely with respect to this project. The Instruments of Service are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier for other projects or for additions to this project outside the scope of the Work without the specific written consent of the Owner and Architect. 3. Section 2.1.1 is hereby deleted in its entirety. 4. Section 2.1.2 is hereby deleted in its entirety. 5. Section 2.2 is hereby amended to read as follows: a. The Owner or the Architect shall have the right to order the work of the Contractor or any subcontractor wholly or partially stopped immediately under any one or more of the following conditions: 1 t Contractor's Initials Owner's Initia (1) the work may be ordered stopped immediately if in the judgment of the Owner or the Architect, any of the materials furnished or the work being ' done is not in strict accordance with this Agreement; (2) the work may be ordered stopped immediately until any objectionable g' person or material is removed from the premises; or (3) the work may be ordered stopped immediately if any portion of the work is being performed so as to create a hazardous condition. b. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including time of performance and deadlines therefor, nor will extra charge be allowed the Contractor by reason of such stoppage or suspension. 6. Section 2.4.3 is hereby deleted in its entirety. 7. Section 3.3.2 is hereby amended to read as follows: The Contractor agrees to employ only orderly and competent persons, skillful in the performance of the type of work required under.this contract, to do the work. The Contractor, as soon as practicable after award of the Contract shall furnish in writing to Owner through the Architect the names of subcontractors or suppliers for each portion of the Work. The Contractor agrees that whenever the Owner or the Architect shall inform the Contractor in writing that any person or persons performing any of the requisite work are, in the opinion of the Owner or the Architect, incompetent, unfaithful or disorderly, such person or persons shall be discharged and shall not again be employed to perform any work on the project without the Owner's prior written consent. a 8. Section 3.5 is hereby amended to read as follows: Upon acceptance of the work by the Owner, the Contractor warrants for a period of one (1) calendar year from the date thereof as follows: a. The Contractor warrants to the Owner that all materials provided to the Owner , under this Agreement shall be new unless otherwise approved in writing by the Owner and that all materials and work will be of good quality, free from faults and defects, and in conformance with this Agreement. , b. All work not conforming to these requirements, including, but not limited to, substitutions not properly approved and authorized, may be considered defective. , C. This warranty is in addition to any rights or warranties expressed or implied by law and consumer protection claims arising from misrepresentations by the .r Contractor. d. Where more than a one (1) year warranty is specified for individual products, work or materials,the longer warranty shall govern. 2 Contractor's Initials Owner's Initials e. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. ' The one (1) calendar year warranty shall cover all work, equipment, and materials that are part of this project, whether or not a warranty is specified in the individual section prescribing that particular aspect of the work. ' 9. Section 3.6 is hereby amended to read as follows: The Owner qualifies for exemption from state and local sales tax pursuant to the provisions of Article 20.4 (F) of the Texas Limited Sales, Excise and Use Tax Act. However, if any taxes are applicable to the Work, the Contractor shall pay sales, consumer,use and similar taxes as legally required. i10. Section 3.7.1 is hereby amended to read as follows: The Contractor shall secure and pay all permits, fees, licenses, and inspections necessary for the proper execution and completion of the work. The Contractor will not, however, be required to pay for any permit fees for permits to be issued by the City of Baytown, which will be waived in conjunction with this Agreement. 11. Section 3.9 shall be amended to read as follows: 3.9 USE OF SITE 3.9.1 Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including, but not limited to, door openings and passages. Any items constructed or manufactured off-site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's sole cost and expense. 3.9.2 It is the intention of the Architect to show on the plans the approximate location of all underground utility lines and structures except service connections to buildings. To this end, owners of all known underground ' lines and structures, including gas, water, electrical cables, telephone cables, sanitary sewers, storm sewers, industrial pipelines, and appurtenances thereto have been contacted and the information provided by them is shown on the plans. Where gas, water, and sewer lines exist in the vicinity, the Contractor shall assume that service connections exist to each building and exercise appropriate caution during excavation. It is the Contractor's responsibility to notify various owners in advance when excavation is to be done in the vicinity of their underground lines and structures. Damage to such underground lines and structures, whether or not shown on the plans, shall be the responsibility of the Contractor and he shall bear the cost of necessary repair or replacement of damaged pa 3 Contractor's Initials Owner's Initials 3.9.3 Throughout the progress of the work, the Contractor shall keep the , working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied by the Owner or its ' designee and charged back to the Contractor. 3.9.4 Except as specifically provided herein, the Contractor shall lay out all , work in a manner acceptable to the Owner in accordance with applicable codes and ordinances of the city, county and state. The Architect will review the Contractor's layout of all structures and any other layout work done by the Contractor, but this review does not relieve the Contractor of the responsibility of accurately locating all work in accordance with the specifications and Contract Documents. 3.9.5 Whenever the Contractor erects, installs, or uses additional structures on the property for the storage, maintenance of materials or use of employees and subcontractors, such structure shall not damage the property and the Contractor shall maintain sanitary conditions in and about such structures at all times in a manner satisfactory to the Owner. 3.9.6 The Contractor shall provide and maintain necessary sanitary conveniences for the use of laborers on the work. Such conveniences shall be properly secluded from public observation and shall be in a location approved by the Architect. 3.9.7 The Owner may charge the Contractor for any damage or injury to the Owner, its property or third persons as a result of the location or use of any of Contractor's structures. 12. Section 3.11 is amended to read as follows: Throughout the progress of the work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied by the Owner or its designee and charged back to the Contractor. 13. Section 3.12 is amended to read as follows: THE CONTRACTOR AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND, THE OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES (THE "INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF 4 Contractor's Initials Owner's Initials I EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH (I) THE WORK DONE BY THE CONTRACTOR'S PARTIES UNDER THIS CONTRACT, (II) THE CONTRACTOR'S PARTIES' FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS THAT TOUCH UPON OR CONCERN THE MAINTENANCE OF A SAFE AND PROTECTED WORKING ENVIRONMENT AND THE SAFE USE AND OPERATION OF MACHINERY AND EQUIPMENT IN THAT WORKING ENVIRONMENT (III) THE PRODUCT(S) USED IN THE PERFORMANCE OF THIS CONTRACT AND/OR (IV) ANY INFRINGMENT OF COPYRIGHTS AND PATENT RIGHTS, WHERE SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE SOLE OR JOINT NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS OR SUB-SUBCONTACTORS (THE "CONTRACTOR'S PARTIES") OR THE JOINT NEGLIGENCE OF THE OWNER AND ANY OTHER s PERSON OR ENTITY. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE CONTRACTOR AND THE OWNER, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY THE CONTRACTOR TO INDEMNIFY, PROTECT AND DEFEND THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE INDEMNIFIED PARTY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE AND/OR THE CONTRACTOR'S PARTIES' OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE OWNER FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE OWNER, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS 5 Contractor's Initials Owner's Initials .C-v BROUGHT AGAINST THE INDEMNIFIED PARTIES FROM WHICH THE INDEMNIFIED PARTIES ARE INDEMNIFIED, THE CONTRACTOR FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE OWNER. THE INDEMNITY PROVIDED , FOR IN THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. ' By this Agreement, the Owner does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms of this Agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive Owner's sovereign immunity. The Contractor assumes full responsibility for the work to be performed and releases, relinquishes, and discharges the Owner, its officers, agents and employees from all claims, demands and causes of action of every kind and character for any injury to, including, but not limited to, death of any person (whether third persons, the Contractor, or employees of either of the parties). This release includes the cost of defense of any claim and any loss of or damage to property (whether property of the parties or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed under this Agreement whether or not said claims, demands, and causes of action are covered in whole or in part , by insurance. 14. Section 3.13 is hereby added to read as follows: ' 3.13 ROYALTIES AND LICENSES The Contractor shall pay all royalties and license fees. The Contractor shall indemnify, hold harmless and defend suits or claims for infringement of copyrights and patent rights in accordance with Section 3.12. 15. Section 3.14 is hereby added to read as follows: 3.14 INSURANCE 3.14.1 Throughout the term of this Agreement, the Contractor at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the Contractor's operations and/or performance of the work under this Agreement, whether such operations and/or performance be by the Contractor, its agents, representatives, volunteers, employees or subcontractors or by anyone directly or 1 indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 3.14.2 The Contractor's insurance coverage shall be primary insurance with 1 respect to the Owner and his volunteers and agents. Any insurance or self- insurance maintained by the Owner, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontra s as 6 Contractor's Initials Owner's Initials additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. ' 3.14.3 The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this contract: ' (1) Workers' Compensation Policy ■ Statutory amounts required by Texas law. ■ Employer's Liability: $500,000 t (2) Commercial General Liability Policy ■ General aggregate of$1,000,000 ' ■ Owners' and Contractors' Protective Liability of$500,000 ■Products and Completed Operations of$1,000,000 ■ Personal and Advertising Injury of$1,000,000 ■ Minimum of$500,000 per occurrence ■ Coverage shall be at least as broad as ISO CG 00 01 10 93. ■No coverage exclusions shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. (3) Automobile Liability Policy ■ Combined single limits of$1,000,000 ■ Coverage for"Any Auto." (4) Builder's Risk ■ Limit: 100%of insurable value, replacement cost basis ■ City of Baytown will be named Loss-Payee 3.14.4 Prior to or upon the execution of this Agreement and before commencing any of the work, Contractor shall file with the Owner valid Certificates of Insurance and endorsements acceptable to the Owner. Such Certificates shall contain a provision that coverages afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to the Owner via certified mail, return receipt requested. Prior to the end of each coverage period during the term of this Agreement, new Certificates of Insurance must be filed with the Owner evidencing continuation of coverage. The Contractor shall also file with the Owner valid Certificates of Insurance covering all Subcontractors. The Owner reserves the right to reject any bid that does not meet the minimum insurance requirements as outlined above. 7 Contractor's Initials Owner's Initials�e 3.14.5 The following are general requirements, which are applicable to all policies: ' a. All insurance coverage required herein, except for Workers' Compensation Insurance, shall be written by a carrier with an A.M. Best Rating of B+ or higher in accordance with the current Best € Key Rating Guide. b. Only Insurance Carriers licensed and admitted to do business in the f, State of Texas will be accepted. C. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis. d. Claims-made policies will not be accepted. f' e. The Owner, its officials, employees and agents, are to be added as "Additional Insureds" to all liability policies. The coverage shall contain no special limitation on the scope of protection afforded to the Owner, its officials, employees or volunteers. f. A waiver of subrogation in favor of the Owner with respect to Workers' Compensation Insurance must be included. g. Upon request, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the Owner at no cost to the Owner. 3.14.6 Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. All endorsements and insurance coverages according to requirements and instructions contained herein. b. The form of the notice of cancellation, termination or change in coverage provisions to the Architect. C. Original endorsements affecting coverage required by this Section 30 shall be furnished with the certificates of insurance. d. Upon request of and without cost to the Owner or the Architect, insurance policies shall be furnished to Owner. e. Upon request of and without cost to the Owner, loss runs (Claims ' listing) of any and/or all insurance coverages shall be furnished to Owner. 8 Contractor's Initials Owner's Initials 1 3.14.7 The Contractor shall comply with Section 110.110 of Title 28 of the Texas Administrative Code, which is incorporated herein as Exhibit "B" for all intents and purposes. However, it is expressly understood and agreed that in the event of a conflict between the provisions of this Section 30 and the provision contained in Exhibit`B,"the more stringent shall control. '16. Section 3.15 is hereby added to read as follows: 3.15 PERFORMANCE,PAYMENT,AND MAINTENANCE BONDS. 3.15.1 The Contractor shall furnish separate performance, payment, and maintenance bonds, each in the sum of one hundred percent(100%) of the total contract price, in such forms as the Owner may approve and with sureties as the Owner may approve, for this purpose, guaranteeing faithfull performance of the Project, maintenance of the Project, and payment to all persons supplying labor and materials or furnishing any equipment in the execution of the Agreement. The cost of such bonds shall be included in the Contractor's proposed price. ' 3.15.2 All performance, payment, and special bonds required herein shall remain in effect throughout the term of this Agreement and for a period of one (1) year after the completion of the work and shall be extended for any 1 warranty work to cover the warranty period. 3.15.3 If at any time during the execution of this Agreement or in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. Such replacement bond(s) shall be issued by a surety acceptable to the Owner. 3.15.4 The Contractor shall make such changes and alterations as the Owner may see fit in the work herein contemplated, or any part thereof without affecting the validity of this Agreement and any work accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits on the work that may be dispensed with. In case that the Owner makes changes or alterations as shall make useless any work already done or material already used in said work, then the Owner shall recompense the Contractor for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in 1 preparation for the work as originally planned. 9 Contractor's Initials Owner's Initials s s� 17. Section 3.16 is hereby added to read as follows: 3.16 PREVAILING WAGE RATE 3.16.1 Wage rates paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem rates attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Should the Contractor or any of its subcontractors fail to pay the general prevailing rate to a worker performing work on the project, the Contractor shall pay to the Owner SIXTY AND NO/100 DOLLARS ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in this Contract. 3.16.2 The Contractor and each of the subcontractors shall pay each of its employees engaged in work on the project under this Agreement in full (less mandatory legal deductions), in cash or by check readily cashable, without discount, no less than once every two (2)weeks. 3.16.3 The Owner or Architect may, prior to final acceptance of the project, require the Contractor to execute an affidavit in legal form stating that all bills for labor, materials, and incidentals incurred have been paid in full and that there are no claims pending of which the Contractor has been notified. 18. Section 4.2 is hereby amended to read as follows: The Architect shall make visits to the site at intervals appropriate to the various stages of construction, appropriate to verify Contractor's payment requests, and as Architect and/or Owner deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Architect are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Architect by the Owner. Based on information ' obtained during such visits and such observations, Architect will determine if Contractor's work is proceeding in accordance with the Contract Documents, and Architect shall keep Owner informed of the progress of the Work. 19. Section 4.4 is hereby amended to read as follows: The Architect shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such approval of payment to Contractor constitutes a representation to the Owner of Architect's professional judgment that the Work has progressed to the point indicated to the best of his knowledge, information and belief,but ' such approval of an application for payment to Contractor shall not be deemed as a representation by Architect that Architect has made any examination to determine how or for what purpose Contractor has used the monies paid on account of the Contract price. 10 Contractor's Initials Owner's Initials Ail, OP 20. Article 5 is hereby amended to read as follows: ARTICLE 5 CHANGES IN THE WORK 5.1 Change Orders 5.1.1 No changes shall be made and no bills for changes, alterations, ' modifications, deviations, and extra orders shall be recognized or paid for except upon a written change order from the Owner or the Architect signed by the Owner. 5.1.2 The Contractor further agrees that either before or after the beginning of the work, the Owner, acting solely through the Architect, may make such ' changes and alterations as Architect and/or Owner sees fit in the dimensions, plans or materials, or any part thereof, for the work contemplated under this Agreement without affecting the validity of this ' Agreement or the accompanying bonds. If such changes or alterations diminish the quantity of work to be done, they shall not constitute the basis for any claim for damages or anticipated profits on the work that may be dispensed with. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of the project whether bid on a unit or lump sum basis. If such changes increase the amount of work, and the increased work can be fairly classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this Agreement; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used and for any actual loss, other than lost profits occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 5.1.3 Changes and alterations that are authorized through change orders may be made or approved by the Owner provided that the change order does not increase or decrease this Agreement by more than the amount specified in the Ordinance passed by the City Council approving this contract. Any requests by the Contractor for a change in original Payment Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. 5.2 Extra Work Charges. 5.2.1 The term "Extra Work" shall be understood to mean and include work not ' covered or contemplated by the Contract Documents that may be required by the Owner or the Architect and approved by the Owner in writing prior ' 11 Contractor's Initials Owner's Initials E , �i to its being done by the Contractor to accomplish any change, alteration, or addition to the work as shown on the Specifications or Contract ei Documents. 4 5.2.2 It is agreed that the Contractor shall perform all Extra Work under the direction of the Architect when presented with a written work order signed by the Owner. 5.2.3 No claim for Extra Work of any kind will be allowed unless, prior to the ' work being done, it is ordered in writing by the Owner. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive additional compensation or an adjustment in the construction time, the Contractor shall make written request to the Owner for a written order from Owner authorizing such Extra Work. ' 5.2.4 It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra ' Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or i Method (B) - By agreed lump sum; or Method C - If neither Method A nor Method B is ' agreed upon before the Extra Work is , commenced, then the Contractor shall be paid the "actual field cost" of the work. 5.2.5 In the event said Extra Work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all applicable workmen, such as foreman, timekeepers, mechanics and laborers, and , materials, supplies, teams,trucks,rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including social security, old-age benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner. The actual field costs to be paid to the Contractor shall cover and compensate the Contractor for the Contractor's profit, overhead, general superintendence, field office expenses, and all other elements of costs and expenses not embraced within the actual field costs as Vrein 12 Contractor's Initials Owner's Initials 1 defined. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by the Architect. 21. Article 6 is hereby amended to read as follows: ARTICLE 6. TIME 6.1 The date of beginning and the date for final completion of work as specified in this Agreement are essential conditions of this Agreement. 6.2 The work will commence within ten (10) calendar days of the issuance of a notice to proceed and will be finally completed within 310 calendar days from the date so specified unless a different amount of time is authorized in writing by the Owner. In the event of any dispute, the records of the Owner shall be ' conclusive evidence as to the date specified on the notice to proceed or work order. 6.3 EXTENSIONS. 6.3.1 The Contractor has submitted its bid in full recognition of the time ' required for the completion of this project taking into consideration all factors, including, but not limited to, the average climatic range and industry conditions. 6.3.2 The Contractor has considered the liquidated damage provision, and understands and agrees that it shall not be entitled to, nor will it request an extension of time for final completion under this Agreement, except if the work has been delayed by an act or neglect of the other contractors, if any, employed by the Owner or by changes ordered in the work, or reductions 1 thereto in writing. 6.3.3 Within seven (7) calendar days of any act or incident that the Contractor reasonably believes may justify an extension of time for final completion, the Contractor may apply in writing for an extension of such time, submitting therewith all written justification as may be required by Owner. Thereafter, the Architect, within seven (7) calendar days after receipt of a written request for an extension of time from the Contractor, which is supported by all requested documentation, shall then grant or deny such ' written request; provided that the request for an extension is not based upon weather conditions. Should an extension be requested within the seven (7) calendar-day period based upon weather conditions, the Architect shall grant or deny such a written request upon Final Completion of the Work based upon any variation from the average climatic range ' 13 Contractor's Initials Owner's Initials i a 6.4 DELAYS. 6.4.1 The Contractor, in undertaking to complete the work within the time °+ herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of ' delays in securing material or workmen or weather or otherwise. 6.4.2 No charge whatsoever shall be made by the Contractor for hindrances or delays from any cause whatever, except where the work is stopped by order of the Owner, during the progress of any portion of the work contemplated by the specifications, but the Architect may grant an extension of time for the completion of the work, provided the Owner is satisfied that such delays or hindrances were due to the extraordinary causes or to the acts of omission or commission by the Owner. 6.4.3 It is agreed that the granting of such extensions of time shall in no instance exceed the time actually lost by the Contractor for reason of such causes, provided that the Contractor shall give Owner immediate notice in writing of the cause of the detention or delay. 6.4.4 In case the work is stopped by an act of the Owner, then the expenses of the same, as determined by the Architect, shall be paid by the Owner to the Contractor. 6.5 LIQUIDATED DAMAGES 6.5.1 It is expressly understood and agreed by the parties that time is of the , essence to this Agreement and that the date set for Final Completion of the y Work described herein are essential conditions of this Agreement. It is further understood and agreed that the date for Final Completion of the Work are reasonable for the Final Completion of the Project, taking into consideration all conditions, including, but not limited to, the average climatic change and conditions and usual industrial conditions prevailing in this locality. 6.5.2 If the Contractor should neglect, fail, or refuse to complete the Work required for final completion within the date specified in this section, or any proper extension that is granted in writing by the Owner, then the Contractor hereby agrees, as a part of the consideration for the awarding of this Agreement, that the Owner-- nay withhold permanently from the Contractor's total payment amount the sum of FIVE HUNDRED DOLLARS ($500) for each and every calendar day that the Contractor is in default after the date stipulated for final completion, not as a penalty, but as liquidated damages for the breach of the Agreement. 6.5.3 The amount of liquidated damages for the Contractor's failure to meet the deadline for Final Completion is fixed and agreed on by the Con ctor 14 Contractor's Initials Owner's Initials i �; because of the impracticability and extreme difficulty in fixing and ' ascertaining actual damages that the Owner would in such an event sustain. The amounts to be charged are agreed to be the damages that the Owner would sustain and may, at the option of the Owner, be retained ' from either progress payments or final payment. 22. Section 7.1 is hereby amended to read as follows: The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for final completion of the Work in accordance with the Contract Documents. ' 23. Section 7.2.1 shall be amended to read as follows: The Contractor shall submit to the Architect an itemized Application for Payment for work completed in accordance with its bid. Such application shall be supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require and reflecting retainage as provided for hereinbelow. 24. The last sentence of Section 7.2.2 is hereby amended to read as follows: The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from Owner shall be free and clear of liens, claims, security interest or other encumbrances adverse to the Owner's interest. 25. Section 7.3 is hereby amended to read as follows: After receipt of the Contractor's Application for Payment, the Architect will either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. In addition to other terms and conditions contained herein, whenever the Contractor's Application for Payment includes payment for work that is determined to be (1) not in accordance with the Contract Documents (2) defective, or (3) already paid, in whole or ' in part, under a prior progress payment, the Owner may withhold progress payments. 26. Section 7.4.1 is hereby amended to read as follows: Based upon applications for Payment submitted to the Architect by the Contractor and Certificates for Payments issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and ' elsewhere in the Contract Documents. All progress payments shall be subject to the retainage specified below and additional amounts as the Architect may determine to be withheld in accordance with the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. Payments by the Owner shall be due within 30 calendar days after the date the Owner ' receives an approved Application for Payment from the Architect. Late payments will accrue interest in accordance with Section 2251.025 of the Texas Government Code 15 Contractor's Initials . Owner's Initial 27. Section 7.4.5 is hereby added to read as follows: From each statement approved by the Architect, the Owner shall retain until thirty (30) calendar days after final payment five percent (5%) if the total Contract Price at time of Contract execution is Four Hundred Thousand Dollars ($400,000.00) or more or ten , percent (10%) if the total Contract Price at time of Contract execution is less than Four Hundred Thousand Dollars ($400,000.00). The Owner may also retain from each approved statement any sums authorized under other terms of the Contract Documents. ' 28. Section 7.4.6 is hereby added to read as follows: The Architect and/or the Owner may at any time suspend progress payments on the IN i Work, if in the sole discretion of the Owner or Architect, the Owner or Architect believes , that: ❑ the projected liquidated damages may exceed the retainage; ❑ the Contractor will not complete the work due to actual default; 3 ❑ the Contractor has represented or done some act that indicates that the Contractor will not complete the work within the dates specified in the Contract Documents for final completion; and/or ❑ the Contractor will otherwise not complete the work in accordance with the Contract Documents. 29. Section 7.5.1 is hereby deleted in its entirety. Any reference to "substantial completion" in the Standard Form of Agreement between the Owner and Contractor for Construction Projects of a Small Project(AIA Document A105-1993) or the General Conditions of the Contract for Construction of a Small Project(AIA Document A205-1993) shall mean and refer to "final completion," where appropriate to reflect that there is no substantial completion in this contract. 30. The last sentence of Section 7.5.2 is hereby deleted, as warranties shall commence only after final completion and acceptance of the Work by the City. 31. Section 7.6.1 is amended to read as follows: The Contractor shall notify the Architect and Owner when the Contractor believes that the Work has been finally completed in accordance with the plans and specifications, all payments to materialmen and subcontractors have been paid for the work specified in the plans and specifications, and all close-out documentation and warranties, if any, have been submitted. If the Architect accepts the project as finally completed, the Contractor shall be so notified and a certificate of final completion, as provided herein, shall be issued. Thereafter, subject to Section 7.6.4, the Owner shall pay the balance due, if any and less any retainage, which shall be held for a period of thirty (30) calendar days after final completion. At the expiration of the thirty (30) calendar day period, the Owner may release any unclaimed retainage. 32. Section 7.6.2 is amended to read as follows: Final payment shall not become due until after the Contractor submits to the Architect releases and waivers of liens, consents of sureties, and data establishing pay or 16 Contractor's Initials P Owner's Initials i satisfaction of obligations, such as receipts, claims, security interests or encumbrances ' arising out of the Contract. 33. Section 7.6.4 is hereby added to read as follows: Final payment, constituting the entire unpaid balance of the Contract Sum less any sums withheld under other terms of the Contract Documents and less the retainage which shall be retained for a period of thirty (30) calendar days from the date of final payment, shall be made by the Owner to the Contractor within thirty (30) days after the occurrence of both of the following: a. the Contractor has fully performed the Contract; b. a final certificate for Payment has been issued by the Architect; and C. the Owner has accepted the Work. 34. Article 8 is hereby amended to read as follows: ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY 8.1 Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. 8.2 The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its on expense, take such precautionary measures for the protection of persons,property and the work as may be necessary. 1 8.3 The safety of the public and convenience of traffic shall be regarded as prime importance during construction. 1 8.3.1 During normal construction, the Contractor shall not hinder or inconvenience travel of streets or intersecting alleys for more than two blocks at any one time. The Contractor shall use warning signs as necessary to adequately protect the traffic. If the Owner or other appropriate entity approves a street closure, the Contractor shall furnish and maintain at each end of the closed section, at all intersecting streets within the section, and in all intersecting streets at a distance of one block on each side of the work, properly worded signs and barrio es 17 Contractor's Initials Owner's Initials announcing the closure to the public. The Contractor shall not be allowed to start any operation that will close a street or streets until the required barricades are in place. Barricades and warning signs shall meet the specifications as shown in the plans and/or specifications. Warning lights shall be kept burning from sunset to sunrise. When a street is to be closed, the Contractor must notify the Owner's Engineering and Public Works t Departments 48 hours in advance of the closure. 8.3.2 The Contractor shall remove, as soon as practicable, accumulated rubbish, surplus dirt, etc., from the construction site, thereby opening each block for public use. Use by the public, however, of any portion of a street where work has been done, shall not constitute in itself acceptance of the work done therein. Backfill and shape trenches across street intersections or driveways to permit safe usage at night. If trenches must be left open for any length of time, the Contractor shall span with wooden mats or bridges to permit traffic flow and prevent injury to the public. When driveways are cut, the Owner may direct the immediate placement of mats for ingress and egress of vehicles if, in the Architect's or Owner's opinion, undue hardship to property owners would otherwise result. 8.3.3 The Contractor shall not block ditches, inlets, fire hydrants, etc. The Contractor shall provide temporary drainage where necessary or as directed by the Architect or the Owner. 8.3.4 When persons or equipment are working in streets open to moving traffic, or if otherwise ordered by the Architect, the Contractor shall furnish flagmen for direction of traffic to protect both the moving traffic and the contractor's operations. The flagmen shall wear an orange fluorescent vest over their nonnal work clothes. 8.4 The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure to use safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 8.5 The Contractor shall indemnify, hold harmless, and defend the Owner, its officers, agents and employees, including the Architect, (hereinafter in this subsection collectively referred to as "OWNER") from any liability of whatever nature caused by the Contractor's failure to comply with applicable federal, state, or local regulations that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and a ui ment in that wo 18 Contractor's Initials w Owner's Initials ii a environment no matter where fault or responsibility lies. Such indemnity shall indemnify and protect the Owner from the consequences of the Owner's own negligence, when that negligence is the concurring cause of the injury, death or damages and from the consequences of the Contractor's ioint or sole negligence. It is the expressed intention of the parties hereto, both the Contractor and the Owner, that the indemnity provided for in this paragraph is an indemnity by the Contractor to indemnify, protect and defend the Owner from the consequences of the Owner's own negligence where that negligence is a concurring cause of the iniury, death or damage and from the Contractor's own negligence where that negligence is the sole or concurring cause of the iniury, death or damage. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where the iniury, death or damage results from the sole negligence of the Owner unmixed with the fault of any other person or entity. 35. Section 9.3 is hereby deleted in its entirety and Article 9 is hereby amended to read as follows: 9.1 Rejected Work 9.1.1 The Owner or the Architect, in its discretion, may reject any and all work that is found to be defective or deemed not in conformity with this Agreement. The Owner or the Architect may reject said work or any portion thereof regardless of the stage of its completion or time or place of discovery of such errors. Further, the Owner or the Architect may reject ' said work regardless of whether the Owner or the Architect has previously accepted the work through oversight or otherwise. Neither observations by the Owner or the Architect nor inspections, tests, certificates or approvals made by the Owner or the Architect, or persons authorized under this Agreement to make such inspections, tests, certificates or approvals, shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of this Agreement and the other Contract Documents. 9.1.2 In the event that any work or any part thereof is rejected by the Owner or the Architect, the Contractor shall, at its sole expense and after receipt of written notice thereof from the Owner or the Architect remove such material and rebuild or otherwise remedy such work so that it shall be in full compliance with this Agreement and the other Contract Documents, s follows: 19 Contractor's Initials Owner's Initials `sr 9.1.2.1 option of the Owner, t Contractor ' At the op he Co may be required to y re q remedy such work so that it shall be in full compliance with this ' Agreement. As soon as possible but not later than seven (7) calendar days after receipt of notice from the Owner or the Architect or such other period of time specified by the Architect in writing, the Contractor shall, at its sole expense, replace or repair (' all rejected work or materials so as to conform with this f Agreement. i' 9.1.2.2 If the Owner or the Architect in its discretion deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction for the Payment Amount may be made by the Owner. 9.1.2.3 If the Contractor does not remove or replace any rejected work within the time specified in Section 9.1, then the Owner or the Architect may have the work removed, replaced or repaired at the Contractor's expense. 9.2 Defective Work during Warranty Period. 9.2.1 If within one (1) calendar year after the date of acceptance by the Owner of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, any of the work is found or determined to be defective, including obvious defects, or otherwise not in accordance with this Agreement, the Contractor shall correct it PROMPTLY. 9.2.2 After receipt of written notice from the Owner to begin corrective work, the Contractor shall promptly begin the corrective work. This obligation shall survive the termination of this Agreement. The guarantee shall not constitute the exclusive remedy of the Owner, nor shall other remedies be limited to either warranty or guarantee period. 9.2.3 If within seven (7) calendar days after the Owner has notified the Contractor of a defect, failure or abnormality in the work, the Contractor has not started to make the necessary corrections or adjustments, the Owner is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by the Contractor. 9.2.4 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for replacement or repair of parts and for correction of defects, shall be paid by the Contractor or by the surety. 20 Contractor's Initials Owner's Initials 36. Section 10.2 is repealed in its entirety and replaced with the following: 10.2 Tests and Inspections ' 10.2.1 The Owner and the Architect reserve the right to.enter the property by such employee(s) or agent(s) as they may elect for the purpose of inspecting the work. In accordance therewith, the Contractor shall supply the Owner or the Architect, upon request, with any keys or information necessary for the Owner or the Architect to have access to the property. The Owner and the Architect shall have the right to enter the property or location of the Work for the purpose of performing such collateral work as the Owner or the Architect deems necessary or appropriate. 10.2.2. The Owner and the Architect shall have the right, at any reasonable time, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation !V and testing at any location wherever the work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by the Owner or the Architect and 1 shall give ample notice as to the time.each part of the work will be ready for such observation. 10.2.3. The Owner or the Architect may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the state of its completion or the time or place of its discovery regardless of whether the Owner or the Architect has previously accepted the work through oversight or otherwise. Neither observations by the Owner or the Architect nor inspections, tests, or approvals made by the Owner or the Architect, or persons authorized under this Agreement to make such inspections, tests, or approvals, shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the ' Contract Documents. 10.2.4. The Owner or the Architect upon approval of the Owner may require the Contractor to remove, dismantle or uncover work completed. In the event that the Contractor has failed to perform the work as required by the specifications, or drawings, or other Contract Documents, Contractor shall assume and pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. In the event that the Contractor has performed the work correctly to specifications, Owner shall assume and pay the cost of restoration of the construction to the point that the Owner has required the work to be uncovered or dismantled. 10.2.5 The Owner or the Architect, in its discretion, may reject any and all work that is found to be defective or deemed not in conformity with this Agreement. The Owner or the Architect may reject said work or any portion thereof regardless of the stage of its completion or time or place of discovery of such errors. Further, the Owner or the Architect may reject said work regardless of whether the Owner or the Architect has pr sly 21 Contractor's Initia Owner's Initial accepted the work through oversight or otherwise. Neither observations by the Owner or the Architect nor inspections, tests, certificates or approvals made by the Owner or the Architect, or persons authorized ' under this Agreement to make such inspections, tests, certificates or t approvals, shall relieve the Contractor from its obligation to perform the 9' work in accordance with the requirements of this Agreement and the other iJ Contract Documents. 10.2.6. In the event that any work or any part thereof is rejected by the Owner or ' the Architect, the Contractor shall, at its sole expense and after receipt of written notice thereof from the Owner or the Architect remove such material and rebuild or otherwise remedy such .work so that it shall be in full compliance with this Agreement and the other Contract Documents, as follows: ' (1) At the option of the Owner, the Contractor may be required to remedy such work so that it shall be in full compliance with this Agreement. As soon as possible but not later than seven (7) calendar days after receipt of notice from the Owner or the Architect or such other period of time specified by the Architect in writing, the Contractor shall, at its sole expense, replace or repair all rejected work or materials so as to conform with this Agreement. (2) If the Owner or the Architect in its discretion deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction for the Payment Amount may be made by the Owner. (3) If the Contractor does not remove or replace any rejected work , within the time specified in this section, then the Owner or the Architect may have the work removed, replaced or repaired at the Contractor's expense. ' 37. Section 10.3 is hereby amended to read as follows: 10.3 This Agreement has been made under and shall be governed by the laws of the State of Texas. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 38. Section 11.1 is deleted in its entirety and replaced with the following: 11.1. ABANDONMENT. 11.1.1 In case the Contractor should abandon, fail or refuse to resume work within ten (10) days after written notification from the Owner or the Architect, or if the Contractor fails to comply with the orders of the Owner or the Architect, when such orders are consistent with th ontract 22 Contractor's Initi Owner's Initia {w' Documents, then, and in that case, where performance and payment bonds ' exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 11.1.2 After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor, it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. 39. Section 11.2 is hereby amended to read as follows: 11.2. TERMINATION. 11.2.1 If this Agreement is terminated for cause, the Owner shall have the right but shall not be obligated to complete the work either itself or by others; and to this end, the Owner shall be entitled to take possession of and use such equipment and materials as may be on the job site and to exercise all ® rights, options and privileges of the Contractor under its subcontracts, purchase orders or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to the Owner. If the Owner elects to complete the work itself or by others, pursuant to the foregoing, then the Contractor will reimburse the Owner for all costs incurred by the ' Architect, (including, without limitation, applicable, general and administrative expenses, and field overhead, and the cost of necessary equipment,materials and field labor) in correcting work by the Contractor that fails to meet the requirements of the Contact Documents. 11.2.2 After receipt of a notice of termination,whether with or without cause, the Contractor shall, in good faith and to the best of its ability, do all things necessary in light of such notice to assure the efficient and proper close- out of the terminated work (including, but not limited to, the protection of the Owner's property). Among other things the Contractor shall, except as otherwise directed or approved by the Owner, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or material, except as may be necessary for completion otsuc portion of the work as is not terminated; 23 Contractor's Initials Owner's Initials (c) Immediately terminate all orders and subcontracts to the extent that ' they relate to the performance of the work terminated by the notice of termination; (d) Assign to the Owner, in the manner and to the extent directed by it, all of the right, title and interest of the Contractor under the orders or subcontracts so terminated in which case, the Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e) With the approval of the Owner, settle all outstanding liabilities and all claims arising out of such termination, orders and subcontracts; (f) Deliver to the Owner, when directed by the Owner, all documents and all property, which if the work had been completed, the Contractor would have been required to account for or deliver to the Owner, and transfer title to such property to the Owner to the extent not already transferred; and/or ' (g) Take actions necessary or as otherwise directed by the Architect or the Owner for the protection and preservation of the work. 11.2.3 In the event of such termination, there shall be an equitable reduction of the Payment Amount to reflect the reduction in the work. Costs incurred after the effective date of the notice of termination shall not be treated as reimbursable costs unless they relate to carrying out the unterminated portion or taking close-out measures. 11.3. TERMINATION FOR CAUSE. 11.3.1 Without prejudice to any other legal or equitable right or remedy that the Owner would otherwise possess hereunder or as a matter of law, the Owner, upon giving the Contractor five (5) days' prior written notice, shall be entitled to terminate this Agreement in its entirety at any time for the following: a. If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors; b. If a receiver, trustee or liquidator of any of the property or income of the Contractor shall be appointed; 24 Contractor's Initials Owner's Initials �' C. If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to ensure its progress and completion as prescribed by the time schedules; d. If within five (5) calendar days after written notice thereof from the Owner or the Architect, the Contractor shall fail to remedy any defective work or work that does not conform to the requirements of this Agreement, specifications,and other Contact Documents, or any other default under any of the terms, provisions, conditions, or covenants contained in this Agreement or any other current agreement between the Contractor and another Owner for similar construction work on other property; or e. If the Contractor shall fail for any reason other than the failure by the Owner to make payment called upon when due. ' 11.3.2 In the event of such termination for cause, the Contractor shall only be paid its reimbursable costs incurred prior to the effective date of the termination and shall not be entitled to receive any further progress payment hereunder and shall be further subject to any claim that the Architect or the Owner may have against the Contractor under the provisions of this Agreement or as a matter of law, including the refund of any overpayments of reimbursable costs or progress payments. 11.4. TERMINATION FOR CONVENIENCE. 11.4.1 The performance of the work may be terminated at any time in whole or in part, by the Architect for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the work is terminated and the date upon which termination becomes effective. If, for whatever reason, this contract is terminated for cause, which is later determined not to exist, the parties agree that the contract will be deemed to be terminated for convenience. 11.4.2 In the event of termination for convenience, the Contractor shall only be paid its reimbursable costs incurred prior to the effective date of the termination notice and shall not be entitled to receive any further progress payment hereunder and shall be further subject to any claim the Owner may have against the Contractor under other provisions of this Agreement or as a matter of law, including the refund of any overpayment of reimbursable costs and/or progress payment. 25 Contractor's Initi Owner's Initia 11.5. COMPLETION AFTER ABANDONMENT OR TERMINATION. 11.5.1 In the event that the Contractor has abandoned the project or the Owner ' has terminated the contract for cause and where there is no performance bond provided or where there is a surety but such surety, within seven (7) calendar days after the notice demanding completion is sent, fails to , commence the completion and diligent prosecution of the work in compliance with this Agreement, then the Owner may AT ITS OPTION , provide for completion of the work in either of the following elective manners: a. The Owner may employ such force of men and use such ' machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense ' of such labor, machinery, equipment, tools, materials, and supplies to said Contractor, and expense so charged shall be deducted and paid by the Owner out of such monies as may be due, or that may ' thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same ' had been completed by the Contractor, then said Contractor and/or its surety hereby waives any and all privileges, rights, and claims to receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the ' same had been completed by said Contractor, then the Contractor and/or its surety shall, within seven (7) calendar days, pay the amount of such excess to the Owner. b. The Owner, under sealed bids, after notice published as required by law at least twice in a newspaper having general circulation in the city, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the Contractor and/or its surety hereby waives any and all privileges, rights and claims to such excess. 11.5.2 In the event of abandonment by the Contractor, the Contractor shall assign to the Owner, in the manner and to the extent directed by the Owner, all of the right, title, and interest of the Contractor in and to any and all materials located on the property and any subcontracts for work to be performed on 26 Contractor's Initials Owner's Initials the property; in which case the Owner shall have the right to settle or pay all claims arising out of the termination of such orders and subcontracts. 11.6 DAMAGES. Without prejudice to any other legal or equitable right or remedy that the Owner would otherwise possess hereunder or as a matter of law, the Owner upon giving the Contractor five (5) days' prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: a. If the Contractor shall fail to remedy any default after written notice thereof from the Owner or the Architect; or b. If the Contractor shall fail for any reason other than the failure by the Owner to make payments called upon when due; or C. If the Contractor commits a substantial default under any of the terms, provisions, conditions or covenants contained in this Agreement. 40. The following provisions shall be added as follows: 12.1 Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the addresses listed on page I of AIA Document A 105 — 1993. Each party may change its address by written notice in accordance with this Section. Any communication addressed and mailed in accordance with this Section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the Owner or Contractor, as the case may be. M R:\Karen\Files\Engineering\Architect Agreements7ackett Lodholtz\Fire Station No.5 Replacement\SupplementalConditions2A205-199307022007.doc 27 Contractor's Initials Owner's Initials r EXHIBIT "A" WAGE RATES WAIS Document Retrieval Page I of 4 GENERAL DECISION: zx20080121 02/08/2008 TX121 Date. February 8, 2008 General Decision Number: =20080121 02/08/2008 Superseded General Decision Number: TX20070125 State: Texas Construction 'r Type. Building County: Harris County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . (Use current highway general wage determination for Paving & Utilities incidental to Building Construction for Harris County Modification Number Publication Date 0 02/08/2008 AS3E0022-002 06/01/2007 Rates Fringes LJ ASBESTOS WORXER/INSULATOR (Including application of all insulating materials, protective coverings, coatings and finishing to all type of mechanical systems) . . . . . .$ 19.37 8.16 w--wow.ww-wwqaww r►w--..--..-w.. w-w- �www�w.rw"ww..-w-w.rwwwwww BOIL0074-002 08/08/2006 Rates Fringes BOILERMAKER.. ... . .. . . . . . . . .. .. . . .$ 23.47 13.91 w w"r-wo r.-"r Noun-"mom w-ra...mom ww-www-w-�.rww� CARP0551-001 04/01/2005 Rates Fringes CARPENTER (Including Acoustical Ceiling Work) . . .. .. . . .$ 19.50 5.93 --w��M "ago"Dam w ---so mfmdft r r� a--`Fw w.r.r-w-------w".too-w--sew-am rr ELEC0716--002 08/27/2007 Rates Fringes ELECTRICIAN (Including Pulling Wire and Low voltage Wiring and Installation of Fire Alarms, Security Systems, Telephones, and Computers.} . . . .. . .. . . . . . . . . . . . . . .$ 24.00 7.59 �.-���w.r.r-r-raa-�-�wrwr-aaawraraaaww.��..r�rwa-w-w-a�►a.nawwwa-wwwa---� ELEV0031-001 01/01/2005 Rates Fringes ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 28.40 12.115+a FOOTNOTES: a.- Employer contributes 8% of basic hourly rate http://frwebgate.ac cess.gpo.gov/Cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=TX20080121 2/22/2008 WAIS Document Retrieval Page 2 of 4 for over 5 years' service and 6% of basic hourly rate for 6 months to 5 years' service as Vacation Pay Credit. Paid Holidays: New Year's Day; Memorial Day; Independence Day; � Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day �...��r�►w r.r�r.w www---rwr rrrw..rrrrr�+wrrr r�rww ww.rww wwwwwwww w www ww-w-www w PLAS0079-001 07/01/2004 r Rates Fringes PLASTERER. . . . . . . . . . . . . . . . . .. . . . . .$ 19.42 1.00 i .roft wno40 as www wwrrwwww-wrwww www w ww w ww-ww wwwwwrrr.rrr r rw-www wwr-rrrrr r --1 PLUM0068-003 10/01/2007 Rates Fringes J Plumbers (Excluding HVAC Pipe) . . .$ 26,20 8,69 wrrww.rww ft.r.rrwww Naas.rwwwwwwrwwwrwoft oft wwwwwwwwww-ftwoft i PLUM0211-004 05/09/2007 Rates Fringes Pipefitters (HVAC Pipe Only) , . , , ,$ 25.47 9.66 ww�wwr�w�wwrwr�rwswwwwrwwwwwwwwwwwww�►�wrwww�www-.irrwwwwwwwwwwwwwwr.w SFTX0669-001 01/01/2005 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . .. . . . . .$ 22.62 10.50 wwrw-rrMr to rwrrww rrwwww-rrwrrrrrrrrwrrw oft w4rrr SHEE0o54-004 04/01/2007 Rates Fringes L_ji Sheet metal worker (Including HVAC Duct and System Installation) . . . . . .. . . . : . . . . . . 0 6$ 23.13 8.88 wrw r-am www wrrwY -mow-r Mao Yr ww wMa .www--mow- www-w+w as ww`rYiY�r * SUTX2005-010 03/24/2005 Rates Fringes Asbestos Abatement Worker {Ceilings, Floors, Walls Ortly� . . . . . .. . . . .. . .. . . . . . . . . . . . . .$ 14.00 0.00 SRICKLAVER. . ... . . . . . .. . . . .. . . . . . .$ 18400 0.00 CEMENT MASON/CONCRETE FINISHER. . .$ 12.83 0.00 DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 12.13 1001 DRYWALL HANGER, Including Metal Studs Installation. . . . . . . . .$ 12.96 1.59 Formbuilder/Formsetter, . . . . . . . . . .$ 11.82 04,00 L GLAZIER. . .. . . . . . . . . . . . . . . . .. . . . . .$ 14.92 2.78 INSULATOR -BATT AND FOAM. .. . . . . . .$ 10000 0900 tT Ironworkers: Reinforcing. . . . . . . . . . . . . . . . .$ 12.06 0000 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=TX20080121 2/22/2008 WAIS Document Retrieval Page 3 of 4 g Structural. . . .. . . . . . . . . . . . . .$ 15.68 0.00 Laborers: Commaon. . , . . . . . . . . . . . . . . . . . . .$ 9.2 9 0.00 Mason Tender Brick. . . . . . . . . .$ 10.13 0.00 Mason Tender Cement. . . . . . . . .$ 9.86 0.00 p Y ' Pi ela er. . .. . . . . . . . . . . . . . . .$ 12.35 0.00 Plaster Tender. . . . . . . . . . . . . .$ 12.90 2.51 LATHER. . .. . . . . . . . . . . . . . . . . . . . . . . .$ 16.90 3.61 Painter (Brush, Roller, and Spray) . .. . . . . . . . . . . . . . . . . . . . . . . . .$ 11.17 0.00 ,S Pipef i tters (Excluding HVAC pipe) . . . . . .. . . . . . . . . . . . . . .. .. . . . .$ 1 9.2 0 8.2 3 POWER EQUIPMENT OPERATOR: 7j, Asphalt Paver. . . . . . . . . . . . . . .$ 13.50 0.25 Backhoe. . . . . . . . . . . . . .. . . . . . .$ 12.54 0.00 Crane.. . . . . . .. . .. . . . . . . . . . . .$ 17.95 3.56 Forklift. .. . . . . . . . . . .. . . . . . .$ 15.46 5.15 Slab & Wall Saw. . . . . . . . . . . . .$ 15.54 3.83 ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11.51 0.57 TILE FINISHER. . . . . . . . . . . . . . . .. . . .$ 12.00 0.43 TILE SETTER. . . . . . . . .. . . . .. . . . . . . .$ 15.70 1.09 TRUCK DRIVER. . . . . . . .. . . . . . . . . . . . .$ 10.78 1.57 7j", WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 0 --=ate=a00*000000 �========*=a=== !f7 `.__i Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor } standards contract clauses t 2 9 CFR 5.5(a) (1) (i i) ) . •+��.+- .r__- ._�r�r-.rr- ..__rr_r-r_���. r�__�r-__�-rr��r_.b_..a._r�rrrr In the listing above, the "SU° designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benef it rates. Other designations indicate unions whose rates have been determined to be prevailing. w�r oft.".ow..%..-_..-- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination hup://frwcbgate,amss.gpo.gov/cgi-binfgctdoc.cgi?dbname=Davis-Bacon&docid=TX20080121 2/22/2009 WAIS Document Retrieval Page 4 of 4 i a Wage and Hour Division letter setting forth a ` - g position on ,. a gage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office l for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. ' -= With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is es then an � Y interested party i (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party'as position and by any information (wage payment data, project - description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Hoard) . Write to: FRI Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwcbgate,access.gpo.gov/cgi-bin/gctdoc.cgi?dbname=Davis-Bacon&docid=TX2008012I 2/22/2008 Li Ll EXHIBIT " B " I-A WORKERS COMPENSATION IN SURANCE c� Li EXHIBIT "B" Article B-1 Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project--includes the time from the beginning of the work on the project until the CONTRACTOR'/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project (subcontractor in 406.096)--includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. Services include, without ' limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. f D. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. } E. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the governmental entity: Exhibit"B,"Page 1 z 2 (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The CONTRACTOR shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing IP services on the project. H. The CONTRACTOR shall post on each project site a notice, in the text, form and manner _J prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; provide to the CONTRACTOR prior to the end of the (3) p � p coverage period a g 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; obtain from each other erson with whom it contracts and rovide to the (4) p p CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the project; and Exhibit"B,"Page 2 (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 71 (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and contractuall re uire each erson with whom it contracts, to erform as (7) Y q p p required by paragraphs (1)-(7), with the certificates of coverage 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 coverage, the CONTRACTOR is representing to the governmental entity that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage ! agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to declare the contract void if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Article B-2 Required Notice. The CONTRACTOR shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy LI other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: ;'7i Exhibit"B,"Page 3 REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. � Article B-3 Required Contract Provision. The CONTRACTOR shall include in all contracts to provide service on the project the following language: By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleadinginformation may subject the contractor to administrative penalties, Y J criminal penalties, civil penalties, or other civil actions. Article B-4 Applicability. t � I. The coverage requirement in this Exhibit"B" does not apply to sole proprietors,partners, j and corporate officers who meet the requirements of the Act,.406.097(c), and who are explicitly excluded from coverage in accordance with the Act,.406.097(a) (as added by House Bill 1089, 74th Legislature, 1995,.1.20). This subsection applies only to sole proprietors, partners, and ' corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. II. The coverage requirement in this Exhibit "B"g q does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c,40). Exhibit"B,"Page 4