09 - Pump Track Construction Contract with American Ramp Company

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If the OWNER determines that a hazard exists because of defective materials and workmanship, then the OWNER may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the CONTRACTOR or its surety. Expenses incurred by the OWNER to alleviate the hazard shall be paid by the CONTRACTOR, the performance bond surety, or both. Any Work performed by or for the CONTRACTOR to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed- during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The OWNER may make as many warranty inspections as it deems appropriate. M. Compliance with Laws The CONTRACTOR shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary / Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, CONTRACTOR shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the City the CONTRACTOR's agreement to comply with this provision with CONTRACTOR's Bid Proposal. N. Other Items The CONTRACTOR shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the OWNER makes available to the CONTRACTOR copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the CONTRACTOR and returned to the City. The Construction Agreement "effective date" shall be the date on which the City Council acts to approve the award of the Contract for the Work to CONTRACTOR. It is expressly provided, however, that the City Council delegates the authority to the Interim City Manager, the City Manager, or his designee to rescind the Contract award to CONTRACTOR at any time before the OWNER delivers to the CONTRACTOR a copy of this Construction Agreement that bears the signature of the Interim City Manager and City Clerk or their authorized designees. The purpose of this provision is to ensure: 12