2008-11-10 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council

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§ 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least tree Sys -one week before the commencement of any Work at the Project site. § 8.3.3 All Payment and Performance Bonds provided by Construction Manager or any subcontractor shall comply with the requirements of Article 7.19-1 of the Texas Insurance Code. All bonds will be reviewed by the Architect for compliance with the Contract Documents prior to execution of the Contract. In the event that the Architect has any questions concerning the sufficiency of the bonds, the bonds will be referred to the Owner or the Owner's representative for review and decision. § 8.3.4 All bonds shall be originals. The Construction Manager shall require the attorney -in -fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the Power -of —Attorney. The name address and telephone number of a contact person for the bonding company shall be provided. § 8.3.5 Prior to the commencement of the Work, the construction Manager shall promptly furnish a cop of f the bonds, and/or shall permit a copy to be made. § 8.3.6 Bonds shall be signed by an agent resident in the State of Texas and the date of the bond shall be the date of execution of the contract. If at any time during the continuance of the Contract the surety of the Construction Manager's bonds becomes insufficient, Owner shall have the right to require additional and sufficient sureties which the Construction Manager shall furnish to the satisfaction of the Owner within ten (10) business days after notice to do so. In default thereof, the Construction Manager may be suspended and all payment or money due to the Construction Manager withheld until sufficient bonds are provided by the Construction Manager. PAGE 22 § 9.1.1 During both the Preconstruction and Construction Phases, Claims, disputes or other matters in question between the parties to this Agreement shall be resolved as provided in Seet€efts 4.� tlfe>3gh 4.6 of A2911m 4997 Article 4 of the General Conditions of the Contract, except that, during the Preconstruction Phase, no decision by the Architect shall be a condition precedent to mediation, litigation, or other means of dispute resolution. § 9.2.1 Unless otherwise noted, the terms including capitalized terms used in this Agreement shall have the same meaning as those in A2011"'— 1997, the General Conditions of the ontract. This Contract, which includes this Agreement and the other documents incorporated herein by reference, represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. If anything in any document incorporated into this Agreement is inconsistent with this Agreement, this Agreement shall govern If any portion of this Agreement is determined to be invalid, unenforceable or void then that portion shall be severed and all other portions of this Agreement shall remain in full force and effect Article 1.6 of 201Im— 'W9- the General Conditions of the Contract shall apply to both the Preconstruction and Construction Phases. The Contract shall be governed b the law of he place where the P t ' leeated and construed in accordance g Y - r-�__ .. ��. �� with the law of the State of Texas, and mandatory and exclusive venue for any dispute shall be in state district court in the county in which the Owner's main administrative office is located As a material consideration of the making_ of this Contract, the modifications to this Contract shall not be construed against the maker of said modifications Additions and Deletions Report for AIA Document A121 TmCMc — 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and 20 International Treaties. Unauthorized reproduction or distribution of this 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 16:02:34 on 12/01 /2008 under Order No.1000375455_1 which expires on 10/20/2009, and is not for resale. User Notes: (4283007293)