| Location: | Texas |
|---|---|
| Posted: | Jul 1, 2026 |
| Due: | Jul 29, 2026 |
| Agency: | La Marque city |
| Type of Government: | State & Local |
| Category: |
|
| Solicitation No: | ARPA #2473 |
| Publication URL: | To access bid details, please log in. |
| Bid Number: |
ARPA #2473
|
| Bid Title: |
ARPA #2473 Library A/C Installation and Restoration RFP
|
| Category: | City Bids, RFPs and RFQs |
| Status: | Open |
|
City of La Marque
1111 Bayou Road
La Marque, Texas 77568
REQUEST FOR PROPOSALS
FOR CONSTRUCTION SERVICES
FOR ARPA #2473
Library A/C Installation and Restoration
This project is being supported, in whole, by federal award number [RCP-056096]
allocated to the City of La Marque under the Coronavirus State and Local Fiscal Recovery Funds (SLFRF)
by the U.S. Department of the Treasury. All funds must be expended by December 31, 2026.
RFPs to be received on:
July 29, 2026 at 10:00 A.M.
Prepared By: Department of Purchasing
[Procurement Reference #2473]
American Rescue Plan Act (ARPA)
Cover Letter/Notice
Request for Proposals (RFP) - Construction Services
Date: July 1, 2026
Re: Solicitation of Construction Services for the Library A/C Installation and Restoration funded with Coronavirus
State and Local Fiscal Recovery Funds (SLFRF) allocated under the American Rescue Plan Act (ARPA)
The City of La Marque has received an allocation from the American Rescue Plan Act (ARPA) Funds from the
U.S. Department of Treasury and has elected to use these funds to complete the A/C replacement and
restoration at the library. Sealed Proposals will be received at 1111 Bayou Rd La Marque, TX 77568 or
bidsubmit.cityoflamarque.gov until 10:00 A.M., July 29, 2026. Proposals will be publicly opened and read in
the Council Chambers (next door to City Hall), 1109-B Bayou Road at 10:15 a.m. Pre-bid conference is
mandatory unless the bidder attended one at the library within the last six months. Bid documents and
instructions are available at no cost on the city's website at bidsubmit.cityoflamarque.gov. In conformance
with all applicable statues, the general prevailing wage rates in the locality in which the work is to be
performed have been ascertained, and such rates shall be the minimum paid for labor employed upon this
project.
The City reserves the right to negotiate with any and all individuals or firms that submit bids. The City reserves
the right to reject any and all bids.
The Sole Point of Contact for this solicitation may provide information regarding this RFP. Refer to the Schedule
of Events and Selection Summary in Section 1 of this document for response details.
Respondent is responsible to ensure that their RFP response is received in a timely manner and that
it contains all elements of the RFP including all required forms and any addendums issued. Respondent should
complete the Solicitation Response Cover Sheet/Acknowledgement of Addenda/Submission Checklist contained
in Attachment A and all other requirements identified in the RFP. RFP responses received after the deadline will
not be opened and therefore not evaluated or considered for award, regardless of whether or not the delay was
outside the control of the submitting provider. City of La Marque reserves the right to negotiate with any and
all service providers submitting timely responses, to reject any and all bids, and to select multiple respondents
if it deems and/or desires to do so.
Contractors are urged to make a "good faith effort" to utilize local La Marque business for project participants
through subcontracts and/or suppliers. Residents and Businesses, Minority Business Enterprises, Small
Business Enterprises, Women Business Enterprises, United States Veterans, and Labor Surplus Area firms are
encouraged to submit proposals. The City of La Marque is an Affirmative Action/Equal Opportunity Employer.
Servicios de traduccion estan disponibles por peticion.
Sincerely,
Shannon Breaux
Director of Public Works
City of La Marque
Page 2 of 103
TABLE OF CONTENTS PAGE
SECTION 1 - SCHEDULE OF EVENTS AND SELECTION SUMMARY 4
1.1 SCHEDULE OF EVENTS 4
1.2 SELECTION OF RESPONDENT(S) 6
SECTION 2 - INTRODUCTION 6
2.1 GENERAL DESCRIPTION OF THE SCOPE OF WORK (SOW) 6
2.2 CONSIDERATION OF AWARD 7
2.3 CONTRACT AWARD 7
2.4 TERM OF CONTRACT 7
2.5 BID ACCEPTANCE 7
2.6 REQUEST FOR ADDITIONAL INFORMATION 8
2.7 PROHIBITED COMMUNICATION 8
2.8 ALTERATIONS, MODIFICATIONS, AND WITHDRAWALS 9
2.9 TERMINATION CONDITIONS 9
2.10 TRANSITIONAL PERIOD 10
SECTION 3 - SCOPE OF WORK/TECHNICAL SPECIFICATIONS 10
3.1 MINIMUM REQUIREMENTS 10
3.2 SCOPE OF SERVICES 11
3.3 KEY TASKS 11
3.4 TECHNICAL REQUIREMENTS 12
3.5 TERMS AND CONDITIONS 18
SECTION 4 - EVALUATION CRITERIA 19
4.1 RESPONSIVENESS OF QUALIFICATION SUBMISSION 19
4.2 FINANCIAL STABILITY OF RESPONDENT 19
4.3 TECHNICAL COMPETENCE REQUIREMENTS 19
4.4 EVALUATION MATRIX 19
SECTION 5 - SUBMISSION REQUIREMENTS 20
5.1 STATEMENT OF INTEREST 20
5.2 EXPERIENCE AND RELEVANT QUALIFICATIONS 20
5.3 CAPACITY TO PERFORM 21
5.4 FINANCIAL STABILITY 22
5.5 LEGAL ACTIONS 22
Page 3 of 103
| 1.1 SCHEDULE OF EVENTS - ALL DATES ARE TENTATIVE | ||
| 1.1.1 The City, hereinafter called "Entity", reserves the right to change dates at any time. At the sole | ||
| discretion of the Entity, events listed in Section 1 are subject to scheduling changes and | ||
| cancellation. The Entity will make public any changes to the stated schedule. | ||
| 1.1.2 All requests, questions, or other communication about this solicitation shall be made in writing | ||
| and addressed to the Entity's Sole Point of Contact listed in Section 1. Only the Sole Point of | ||
| Contact may be contacted regarding required elements for this RFP. |
TABLE OF CONTENTS PAGE
5.6 PRICING 22
LIST OF EXHIBITS 23
EXHIBIT A: PROJECT SCOPE OF WORK 24
EXHIBIT B: REQUIRED CONTRACT PROVISIONS 25
EXHIBIT C: PREVAILING WAGE DECISIONS 37
EXHIBIT D: OTHER RELEVANT INFORMATION/SPECIAL CONDITIONS FOR CONSTRUCTION 38
LIST OF REQUIRED INFORMATION - ATTACHMENTS A THROUGH L 39
ATTACHMENT A: SOLICITATION RESPONSE COVER SHEET/ACKNOWLEDGEMENTS & CHECKLIST 40
ATTACHMENT B: PRICING SHEET 42
ATTACHMENT C: SYSTEM FOR AWARD MANAGEMENT (SAM.GOV) RECORD SEARCH 43
ATTACHMENT D: CUSTOMER/CLIENT REFERENCES 45
ATTACHMENT E: INSURANCE REQUIREMENTS 48
ATTACHMENT F: BID, PAYMENT, AND PERFORMANCE BONDS 49
ATTACHMENT G: ETHICS AND CONFLICT OF INTEREST ACKNOWLEDGEMENT 51
ATTACHMENT H: TEC CERTIFICATE OF INTERESTED PARTIES (FORM 1295) 52
ATTACHMENT I: CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) 53
ATTACHMENT J: DISCLOSURE OF LOBBYING ACTIVITIES SF-LLL CERTIFICATION 56
ATTACHMENT K: BIDDER'S CERTIFICATION 58
ATTACHMENT L: NON-COLLUSION AFFIDAVIT 59
APPENDIX I - SAMPLE CONTRACT 60
SECTION 1 - SCHEDULE OF EVENTS AND SELECTION SUMMARY
1.1 SCHEDULE OF EVENTS - ALL DATES ARE TENTATIVE
1.1.1 The City, hereinafter called "Entity", reserves the right to change dates at any time. At the sole
discretion of the Entity, events listed in Section 1 are subject to scheduling changes and
cancellation. The Entity will make public any changes to the stated schedule.
1.1.2 All requests, questions, or other communication about this solicitation shall be made in writing
and addressed to the Entity's Sole Point of Contact listed in Section 1. Only the Sole Point of
Contact may be contacted regarding required elements for this RFP.
Page 4 of 103
| SCHEDULE OF EVENTS | |||||||
|---|---|---|---|---|---|---|---|
| LIBRARY AC INSTALLATION AND RESTORATION | |||||||
| Procurement Reference #2473 | |||||||
| Return questions and responses to the Sole Point of Contact identified below: | |||||||
| NAME: | Public Works Director Shannon Breaux | PHONE: | (409) 572-9901 | ||||
| ADDRESS: | 1111 Bayou Road, La Marque, Texas 77568 | EMAIL: | bids@cityoflamarque.org | ||||
| Responses for this RFP must be submitted via hand delivery, mail, or electronic submission to the Sole Point of Contact identified above. For hand and mailed responses provide the original plus 2 copies. | |||||||
| RFP SCHEDULE | |||||||
| RFP ISSUE DATE: | 07/01/2026 | ||||||
| RESPONDENT QUESTIONS DUE BY: | Wednesday July 15th 5:00 PM CST | ||||||
| QUESTIONS ANSWERED BY: | Monday July 20th 5:00 PM CST | ||||||
| MANDATORY PRE-PROPOSAL CONFERENCE | : | Wednesday, July 15 2026 at 9:00 AM CST at the La Marque Library 1011 Bayou Rd. La Marque, TX 77568 | |||||
| The Entity shall reject responses | |||||||
| submitted by firms that do not attend | |||||||
| the mandatory on site pre-proposal | |||||||
| conference unless the contractor | |||||||
| attended a pre bid conference at the | |||||||
| library in the past 6 months. | |||||||
| RFP RESPONSE DUE DATE: | RFP RESPONSE DUE DATE: | July 29th 2026 at 10:00 AM | |||||
| ESTIMATED AWARD DATE: | August 10th 2026 |
| Wednesday, July 15 2026 at 9:00 AM CST at the La |
|---|
| Marque Library 1011 Bayou Rd. La Marque, TX 77568 |
SCHEDULE OF EVENTS
LIBRARY AC INSTALLATION AND RESTORATION
Procurement Reference #2473
Return questions and responses to the Sole Point of Contact identified below:
NAME: Public Works Director Shannon PHONE: (409) 572-9901
Breaux
ADDRESS: 1111 Bayou Road, La Marque, EMAIL: bids@cityoflamarque.org
Texas 77568
Responses for this RFP must be submitted via hand delivery, mail, or electronic submission to the Sole
Point of Contact identified above. For hand and mailed responses provide the original plus 2 copies.
RFP SCHEDULE
RFP ISSUE DATE: 07/01/2026
RESPONDENT QUESTIONS DUE BY: Wednesday July 15th 5:00 PM CST
QUESTIONS ANSWERED BY: Monday July 20th 5:00 PM CST
MANDATORY PRE-PROPOSAL CONFERENCE: Wednesday, July 15 2026 at 9:00 AM CST at the La
Marque Library 1011 Bayou Rd. La Marque, TX 77568
The Entity shall reject responses
submitted by firms that do not attend
the mandatory on site pre-proposal
conference unless the contractor
attended a pre bid conference at the
library in the past 6 months.
RFP RESPONSE DUE DATE: July 29th 2026 at 10:00 AM
ESTIMATED AWARD DATE: August 10th 2026
Page 5 of 103
1.2 SELECTION OF RESPONDENT(S)
1.2.1 The Entity intends to select Respondent(s) that best meet the needs of the Entity and that provide the
best overall value. The Entity reserves the right to award multiple contracts from the finalist pool of
successful Respondent(s). Respondents will be rated and ranked according to the evaluation criteria
set forth below. The Entity intends to enter into negotiations with the top-ranked Respondent (i.e., the
most highly qualified) and attempt to negotiate a fair and reasonable price; if negotiations fail, the
Entity shall formally end negotiations with that respondent and attempt to negotiate with the next
most highly qualified provider. The Entity shall proceed in like manner until it has contracted with a
sufficient number of providers to respond to the identified scope of work.
1.2.2 The Entity reserves the right to check references on any projects performed by the Respondent,
whether provided by the Respondent or known by the Entity.
1.2.3 The Entity is not required to accept the lowest cost proposal.
1.2.4 The Entity may make such investigation as deemed necessary to determine the ability of the
Respondent to perform the work, and the Respondent shall furnish to the Entity all such information
by the date specified by the Entity.
1.2.5 The Entity may conduct such investigations as it deems necessary or appropriate to assist in the
evaluation of any RFP response and to establish the responsibility, qualifications, and financial ability
of the Respondent, their proposed subcontractors, and other persons or organizations submitted
within a Respondent's response to do the work to the Entity's satisfaction within the prescribed time.
1.2.6 The Entity reserves the right to conduct interviews of short-listed Respondent(s) prior to making a final
selection.
1.2.7 The Entity reserves the right to contact references as deemed necessary to complete its analysis.
See SECTION 4 - EVALUATION CRITERIA, for additional information on how Respondents will be evaluated
and selected.
Page 6 of 103
| 2.1 GENERAL DESCRIPTION OF THE SCOPE OF WORK (SOW) - SEE SECTION 3 AND EXHIBIT A FOR SOW |
|---|
| DETAILS |
| The Entity is seeking construction contractor(s) experienced in providing (rehabilitation/ demolition/new | |
|---|---|
| construction) services. General details for the project include: | |
| 2.1.1 Project Name: Library A/C Installation and Restoration | |
| 2.1.2 Project Location: 1011 Bayou Road, La Marque, Texas 77568 | |
| 2.1.3 General Description: The existing HVAC system shall be replaced. The contractor shall evaluate and | |
| provide recommendations for replacement utilizing roof-mounted packaged units, Variable | |
| Refrigerant Flow (VRF) systems, ducted or ductless mini-split systems, ground-mounted | |
| equipment, or other equivalent solutions. All options are considered viable and may be submitted | |
| for consideration. If roof-mounted units are proposed, the contractor shall assess roof conditions | |
| and include all necessary roofing repairs and structural verification required to support the | |
| installation. Any roofing repairs required to support roof-mounted equipment shall be included as | |
| part of the proposal. This shall include, but not be limited to, structural support, equipment curbs, | |
| flashing, weatherproofing, and any associated roofing restoration required to ensure a complete | |
| and watertight installation. All proposed systems shall include complete design, installation, | |
| controls, electrical integration, structural considerations, condensate management, | |
| commissioning, and warranty. Contractor shall ensure all equipment meets applicable codes, | |
| manufacturer specifications, and industry HVAC standards. | |
| 2.1.4 Items that are NOT a part of this scope: N/A | |
| 2.1.5 Time of Work: Work on this project may be performed Monday-Friday during the hours of 7:30AM | |
| to 7:30PM. Work may be performed on weekends. |
| 2.1.6 The scope of work includes all labor, materials, goods and/or services necessary to complete the |
|---|
| project. See SECTION 3 and EXHIBIT A for detailed scope of work. The respondent shall submit a |
| written copy of all warranty information prior to final acceptance by Entity. |
SECTION 2 - INTRODUCTION
2.1 GENERAL DESCRIPTION OF THE SCOPE OF WORK (SOW) - SEE SECTION 3 AND EXHIBIT A FOR SOW
DETAILS
The Entity is seeking construction contractor(s) experienced in providing (rehabilitation/ demolition/new
construction) services. General details for the project include:
2.1.1 Project Name: Library A/C Installation and Restoration
2.1.2 Project Location: 1011 Bayou Road, La Marque, Texas 77568
2.1.3 General Description: The existing HVAC system shall be replaced. The contractor shall evaluate and
provide recommendations for replacement utilizing roof-mounted packaged units, Variable
Refrigerant Flow (VRF) systems, ducted or ductless mini-split systems, ground-mounted
equipment, or other equivalent solutions. All options are considered viable and may be submitted
for consideration. If roof-mounted units are proposed, the contractor shall assess roof conditions
and include all necessary roofing repairs and structural verification required to support the
installation. Any roofing repairs required to support roof-mounted equipment shall be included as
part of the proposal. This shall include, but not be limited to, structural support, equipment curbs,
flashing, weatherproofing, and any associated roofing restoration required to ensure a complete
and watertight installation. All proposed systems shall include complete design, installation,
controls, electrical integration, structural considerations, condensate management,
commissioning, and warranty. Contractor shall ensure all equipment meets applicable codes,
manufacturer specifications, and industry HVAC standards.
2.1.4 Items that are NOT a part of this scope: N/A
2.1.5 Time of Work: Work on this project may be performed Monday-Friday during the hours of 7:30AM
to 7:30PM. Work may be performed on weekends.
2.1.6 The scope of work includes all labor, materials, goods and/or services necessary to complete the
project. See SECTION 3 and EXHIBIT A for detailed scope of work. The respondent shall submit a
written copy of all warranty information prior to final acceptance by Entity.
2.2 CONSIDERATION OF AWARD
To be considered for award, respondents must adhere to the requirements, when applicable to
Contractors, as set forth in Exhibit B, including the ARPA Terms and Conditions, Part 200 of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards contained within
this solicitation and provide all other required information and documentation as set forth in this
solicitation.
2.3 CONTRACT AWARD
The Entity may award a Firm Fixed Price Contract. A Respondent's proposal must be responsive to this
solicitation and include all required documents as instructed in the solicitation and listed in the Solicitation
Response Cover Sheet/Acknowledgement of Addenda/Submission Checklist (Attachment A).
Page 7 of 103
2.4 TERM OF CONTRACT
The contract shall be effective upon date of execution (signed by the Entity designee.) The contract term
is projected for a term of ninety (90) calendar days after the Notice to Proceed (NTP) for construction is
issued. Upon expiration of the initial term, the contract may, at the sole discretion of the Entity, be renewed
via an approved Contract Change Order with the same terms and conditions. All work on this project shall
be completed and accepted by the Entity no later than DATE (not beyond December 31, 2026). A sample
contract is available for review at Appendix I.
2.5 BID ACCEPTANCE
2.5.1 Proposals must be received, time stamped or otherwise acknowledged before the specified hour and
date. Late submittals WILL NOT be considered under any circumstances. The Entity will not be held
responsible for any solicitation response that is mishandled prior to receipt by the Entity. The Entity
will not be responsible for any technical issues that result in late delivery, inappropriately identified
documents, or other submission error that may lead to disqualification (including substantive or
administrative) or nonreceipt of the respondent's response.
2.5.2 The Entity reserves the right to accept or reject any and all proposals, to accept any proposal deemed
advantageous and to waive irregularity in the proposals. By submitting a response, the Respondent
acknowledges and will adhere to all specifications as stated within this procurement packet.
2.5.3 Proposals CANNOT be altered or amended after the due date. Any alterations made before the due
time must be initialed by Respondent or authorized agent. No response may be withdrawn after due
date without approval and based on a written acceptable reason.
2.5.4 The Entity reserves the right to revise or amend the specifications prior to the due date. Such
revisions or amendments, if any, will be announced by amendments or addendums to these
specifications. Copies of such amendments or addendums so issued will be posted to the Entity's
bidding websites. If Respondent demonstrates just reason for a change, the Entity must have at least
five (5) working days' notice prior to submission due date.
2.5.5 In the event that Respondent finds discrepancies in or omissions from the specifications or other
documents or be in doubt as to their meaning, Respondent should at once notify the Entity Sole Point
of Contact and obtain clarification prior to submitting a response.
2.5.6 All Respondents must meet or exceed the minimum specifications to be considered a valid response.
The Entity reserves the right to accept or reject all or any part of any response, waive minor
technicalities and award the contract either to the lowest responsible Respondent or to the
Respondent who provides goods or services at the best value for the Entity.
2.5.7 If a response contains proprietary information, the Respondent must declare such information as
proprietary if Respondent does not want information to become public. The Entity will honor specific
requests for confidentiality for information of a proprietary nature only to the extent allowed by law
if clearly marked by Respondent as "Proprietary" or "Confidential."
2.5.8 The Respondent agrees to protect the Entity from claims involving infringement of patents or
copyrights.
2.5.9 There is no guarantee a contract will be awarded. The Entity reserves the right to cancel this RFP at
any time.
2.5.10 All proposals become public documents and are subject to public review (upon request and as
allowed by law). The submission of an RFP response will constitute representation by the Respondent
that it understands and has complied with the requirements of the RFP. Submission of a response
indicates the RFP information provided was sufficient in scope and detail to convey understanding
of anticipated terms and conditions for performance of the work.
Page 8 of 103
2.5.11 RFP Respondents assume all costs of preparation of the proposal. RFP responses become the
property of the Entity.
2.6 REQUEST FOR ADDITIONAL INFORMATION
2.6.1 The Entity will allow written questions and requests for clarification of this solicitation. Questions
must be submitted by email to the Sole Point of Contact listed in Section 1 above. Respondents'
names will be removed from questions in any responses released.
2.6.2 Questions shall be submitted in the format shown below. Submissions that deviate from this format
may not be accepted:
2.6.2.1 Identifying Solicitation Number
2.6.2.2 Page Number
2.6.2.3 Section Number, if applicable
2.6.2.4 Paragraph Number, if applicable
2.6.2.5 Text of passage being questioned
2.6.2.6 Question
2.6.3 Questions or other written requests for clarification must be received by the Sole Point of Contact
by the deadline set forth in Section 1. However, the Entity, at its sole discretion, may respond to
questions or other written requests received after the deadline.
2.7 PROHIBITED COMMUNICATION
On issuance of this solicitation, except for the written inquiries described in Section 2.6 above, the Entity, its
representative(s), or partners will not answer any questions or otherwise discuss the contents of this
solicitation with any potential respondent or their representative(s). This restriction does not preclude
discussions between affected parties for the purposes of conducting business unrelated to this solicitation.
Failure to comply with these requirements may result in disqualification of respondent's solicitation
response.
Page 9 of 103
2.8 ALTERATIONS, MODIFICATIONS, AND WITHDRAWALS
Prior to the solicitation submission deadline, a Respondent may: (1) withdraw its solicitation response by
submitting a written request to the Sole Point of Contact identified; or (2) modify its solicitation response by
submitting a written amendment to the Sole Point of Contact identified in Section 1. The Entity may request
solicitation response modifications at any time.
2.9 TERMINATION CONDITIONS
2.9.1 FAILURE TO ENTER INTO A CONTRACT
Should the bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one
(21) days, Sundays and holidays excepted, the Entity may then, at its option, retain the bidder's bid
deposit/bond (if required) and accept the bid of the next lowest responsible bidder.
2.9.2 DISPUTE RESOLUTION
Contract documents shall provide that disputes arising under the contract shall be submitted to a
process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding
arbitration, or non-binding arbitration pursuant to industry standards, prior to being submitted to a
court for adjudication. It is understood that the Entity shall have the right to request mediation if the
services being provided are deemed deficient in any way.
2.9.3 ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.
It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her
business concern by acquisition, merger, sale, and or/transfer or by any means convey his/her
interest(s) to another party, all obligations are transferred to that new party. In this event, the new
vendor will be required to submit all documentation/legal instruments that were required in the
original bid/contract. Any change shall be approved by the Entity, who retains the right to reject the
transfer of the contract.
2.9.4 TERMINATION OF CONTRACT
2.9.4.1 For Cause: The resulting Contract may be terminated by the Entity for cause, including any
nonperformance by the Contractor; failure of the Contractor to fulfill in a timely and proper
manner its obligations under the Contract; or violation of any of the covenants, agreements,
or stipulations of the contract, upon thirty (30) days' written notice to Contractor including
a statement of the reasons, therefore. The determination of the Entity as to the cause of
termination and the appropriateness thereof shall be final and binding upon both Entity and
Contractor. Cause for termination shall include any material failure by Contractor to comply
with any term of the Contract.
2.9.4.1.1 In such event, all finished or unfinished services, documents, data, maps, studies,
surveys, drawings, models, photographs, and reports prepared by the Contractor
under the Contract shall, at the option of the Entity, become its property, and
the Contractor shall be entitled to receive just and equitable compensation for
any work satisfactorily completed hereunder.
2.9.4.1.2 Notwithstanding the above, the Contractor shall not be relieved of liability to the
Entity for damages sustained by the Entity by virtue of any breach of the Contract
by the Contractor, and the Entity may withhold any payments to the Contractor
for the purposes of set-off until such time as the exact amount of damages due
the Entity from the Contractor is determined.
2.9.4.1.3 The Contractor agrees to indemnify and hold the Entity harmless from any
liability to subcontractors or suppliers concerning payment for work performed
Page 10 of 103

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